The local Magistrate has allowed the participation of international organisations as observers of the exhumation of the Mullaitivu mass grave site while activities will begin once costings are handed over to the courts.
On 29 June, officials from the National Water Supply and Drainage Board (NWSDB) made a significant discovery of human skeletal remains during a water-related project. The area was immediately cordoned off by the Police, who promptly informed the Mullaitivu Magistrate’s Court about the finding. Following an order from the Mullaitivu Magistrate, the excavation of the suspected mass grave site began on 6 July.
The Department of Archaeology confirmed that it was carrying out the exhumation of the Mullaitivu mass grave site.
“We are heading the exhumation and excavation process. However, we cannot give a timeline as it depends on various factors,” Department of Archaeology Acting Director General Dr. Pradeepa Serasinghe told The Sunday Morning.
Nevertheless, Tamil National Alliance (TNA) MP M.A. Sumanthiran, PC was critical of the lack of expertise and proper procedures being followed in uncovering the bodies at the site.
“It is being done in a very ad hoc manner and no particular standard operating procedure is being followed. This has been the issue with every mass grave – be it Matale, Mannar, or wherever. In case of a mass grave, there are certain procedures that must be followed,” Sumanthiran told The Sunday Morning.
UN standards
According to a 2020 report of the Office of the United Nations High Commissioner for Human Rights, mass graves are considered ‘crime scenes’ with ‘evidence of likely gross human rights violations, invoking investigative and formal accountability obligations’ and certain standards have been set out.
Below are excerpts of the report:
“Mass graves are crime scenes, depositories of evidence of likely gross human rights violations, invoking investigative and formal accountability obligations. The mass grave suggests that remains too were handled unlawfully, intended to obstruct not only repatriation to loved ones but formal justice too. In other words, a mass grave signifies commission of a multiplicity of crimes.
“Mass graves raise the unique issue of exhumation. When the conditions for effective and respectful exhumation are met, that process can make a powerful contribution to the meeting of human rights obligations. However, there are other ways to pursue justice independent of disrupting grave sites, notably when perpetrators and witnesses are alive and alleged perpetrators already detained.
• For some international criminal prosecutions (Bosnia, Croatia, and Kosovo), mass grave evidence has been important not just to establish the base crime and, if possible, support links to higher-level perpetrators, but also to counter revisionist ideology, including with regard to victim numbers.
• In Rwanda and Cambodia by contrast, excavation played no major role in the justice process. The mass graves did not provide links to specific perpetrators. The mass killings and the manner of their commission were not disputed, while the number of victims could be estimated using demographic data.
• Syrian human rights activists in Raqqa questioned the need to disrupt the many mass graves in and around the city when there was no capacity to respectfully handle the remains after exhumation, particularly given those allegedly responsible for the mass killings and disappearances were held in Iraqi jails and could be interviewed.
“Exhumations should be strongly dissuaded unless there is capacity for safekeeping of individual information and dignified reburial i.e. if there is no capacity for storage of human remains and the conduct of appropriate forensic examinations, and absent a database (DNA and otherwise) of possible family members.
“Families and communities may demand professional exhumation or conduct their own. The Minnesota Protocol requires consultation to the extent possible with family members prior to an autopsy but does not address family involvement in consideration of exhumation.
“Forensic organisations, such as the EAFF, typically obtain family consent prior to any exhumation where the family members are known. The ICRC advocates ‘constant interaction’ with family members during excavation and exhumation. The Special Rapporteur emphasises that in all circumstances, consultation with families and affected communities is paramount.”
Plans in place for the site
Sumanthiran went on to say that a special discussion was held with the Magistrate on Thursday (13) along with the relevant authorities.
“Various suggestions were made and finally one developed by the Forensic Pathology Sri Lanka – based on certain international norms and guidelines – was decided to be followed. But securing the place and doing the investigations and sustaining these efforts was a big issue.
“The Judicial Medical Officer (JMO) and various different officials were told to make an estimate of the costs that would be incurred if they were to be there for two weeks and carry out the exhumation. The Archaeology Department is heading the exhumation and each department that is to be involved was ordered to give a cost estimate.”
He noted that international observers were allowed to observe.
“The Magistrate allowed international observers to come. No one will be prohibited, but they will all be observers and the site won’t be accessible. Only experts and lawyers will be allowed on the site while others will have to stand outside the area. Only local lawyers who are authorised will be allowed.”
Further, Sumanthiran revealed that several international organisations were to be invited.
“The relatives of the disappeared said that they would invite the International Committee of the Red Cross, United Nations High Commissioner for Human Rights, and other similar organisations. I suggested that the United Nations Special Rapporteur on Enforced Disappearances and Extrajudicial Killing also be invited. The Magistrate’s response was that they could by all means come and be observers.”
Meanwhile, Police Spokesman SSP Nihal Thalduwa told The Sunday Morning that the Police would continue to provide security and protection until the operation was completed.
“The Magistrate has instructed all relevant authorities and departments to provide costing for the operations. Once that is done, the exhumation process will begin. Right now, all activities have been halted. The Police Department will continue providing security to the site.”