Families of almost 100,000 persons who disappeared since the 1980s in Sri Lanka believe that some of their loved ones could be in mass graves scattered across the country. The ongoing excavations in Chemmani, Jaffna have brought other similar sites into focus as well.
Various reports by researchers, activists, and international bodies have put forward a range of numbers between 24 to 32 in relation to mass grave sites in Sri Lanka, although not all are suspected to be connected to wartime violence and the counter-insurgency measures against the Janatha Vimukthi Peramuna (JVP).
Some of these sites are where unidentified victims of the 2004 tsunami were buried through formal procedures. However, there are reports of and suspicions related to many other mass graves, which are not listed due to the lack of verified information.
Ongoing investigations
While some of these mass graves had been disinterred, some have not. According to Families of the Disappeared (FOD) Chairman Brito Fernando, none of these processes reached an end point where attempts at delivering justice to the bereaved relatives were made.
“There have been 24 mass graves in Sri Lanka and most have not been disinterred. When it comes to the ones that were disinterred, the DNA of relatives has not been compared with the human remains recovered, remains have not been handed over to relatives, and perpetrators have not been identified, nor has any entity taken responsibility,” he said.
The Kokkuthoduvai mass grave in Mullaitivu and Sathosa mass grave in Mannar are two other cases currently progressing.
On 29 June, officials of the National Water Supply and Drainage Board found human skeletal remains while carrying out a water-related project in Kokkuthoduvai. Following excavations, clothes of Liberation Tigers of Tamil Eelam (LTTE) cadres were found. At present, the case is under progress, while an interim report has been submitted last week.
“The skeletal remains still have to be identified, and thereafter DNA tests will be performed. There is still a lot left to be done,” said Senior Counsel K.S. Ratnavel, speaking about the Kokkuthoduvai case. Ratnavel is a lawyer representing families of victims allegedly buried in the Chemmani mass grave, which is currently being excavated.
Speaking about the Mannar mass grave, which was discovered by workers involved in constructing a local Sathosa supermarket in 2019, he said that they were involved in seeking a stay order from the High Court against a move to close the excavation site while the expert reports were pending.
“The second phase of the investigation might commence, depending on the report that is to be issued by archaeology expert Prof. Raj Somadeva,” he added.
The ongoing investigations at the site in Chemmani commenced as skeletal remains were discovered while a building was being constructed at the site. By the 15th day of the second phase of excavations in Chemmani, 65 human skeletons had been fully exhumed.
Acknowledging that procedures are being followed at the Chemmani mass grave with their presence along with the Office on Missing Persons (OMP) and Scenes of Crime Officers (SOCO), Ratnavel stressed the importance of closely observing the analytical phase once excavations concluded.
Furthermore, for the long-term preservation of skeletal remains and proper analysis, he advocated for improved facilities at the Faculty of Medicine of the University of Jaffna, emphasising the need for the chain of custody to be maintained in order to ensure integrity.
Ratnavel explained that mass grave investigations could be done either through a court case backed by strong evidence or suspicions, or else, through accidental discoveries. “However, almost all excavations have been initiated by incidents that happened accidentally,” he stated.
Despite the presence of legal avenues, he observed that victims’ families tended not to pursue such paths.
“There is nothing to prevent anybody from going to court, yet this has not happened so far. People are not sure, and even if they have suspicions, they are also under threat. They also lack awareness on the matter,” Ratnavel explained, emphasising that going to court could potentially minimise threats and intimidation as “the legal system takes over”.
Since its establishment in 2018, the OMP has been actively involved in 14 cases involving mass graves as responders or observers. While admitting that most of these cases were ones that had been opened due to accidental discoveries of sites, OMP Executive Director Dr. J. Thatparan said that the OMP hoped to intervene in the previous cases in Matale and Sooriyakanda, two politically significant cases involving mass graves which are associated with the period of counter-insurgency against the JVP.
“We have to intervene in the Matale and Sooriyakanda cases and raise these matters again. It is within our scope to do so.”
However, Dr. Thatparan said that the OMP was currently facing limitations when it came to deficiencies in skilled human resources to follow such cases. While the OMP has advertised to fill these vacancies, he said that migration had resulted in a dearth of experienced individuals to be hired for these roles.
‘No interest from Govt.’
According to a 2023 report by Journalists for Democracy in Sri Lanka, FOD, Center for Human Rights and Development, and the International Truth and Justice Project, sites have been marked in Jaffna, Kilinochchi, Mullaitivu, Kandy, Matale, Batticaloa, Suriyakanda, Akuressa, Bolgoda Lake, Hokandara, Nittambuwa, Essella, Minuwangoda, Nikaweratiya, and Mannar.
Referring to the fact that JVP cadre – the incumbent Government’s comrades during its past insurgencies – were potentially among the victims buried in some of these graves, FOD Chairman Fernando said: “If this Government does not pursue these cases and create room for investigations, no one will.”
“But we do not see an interest from the Government so far,” he added.
Similarly, Ratnavel claimed that despite “an interest on paper to pursue mass grave cases because their cadre also disappeared during counter-insurgency efforts,” the Government had never taken any interest in the matter thereafter.
He expressed his lack of faith in the Government’s efforts, stating that it would be unlikely to act against Sri Lanka’s defence forces if atrocities were proven to have been committed by them.
Ratnavel pointed out that the defence sector would prevent any such efforts by the Government.
“Any government, whatever said and done, will not go against the Sri Lanka Army. It is present everywhere. The Army is part of the deep state. Even if the Army chooses to pursue these matters, it will be prevented by the defence sector. But the north wants accountability,” he said.
When asked about the concerns raised by the lawyers representing the victims of Chemmani, Deputy Minister of Defence Maj. Gen. (Retd) Aruna Jayasekara did not comment on the matter, instead requesting that The Sunday Morning speak to Minister of Justice and National Integration Harshana Nanayakkara. However, despite multiple attempts, this also proved futile.
Ministry of Defence Spokesperson Col. Nalin Herath, when asked about the ministry’s current involvement, said that the investigations on the Chemmani mass grave were taking place independently and that the ministry was not involved in the matter.