• HRCSL says probe agencies should suo motu proactively conduct investigations first, and then seek court orders per findings, not vice versa 

The Human Rights Commission of Sri Lanka (HRCSL) stated that investigative agencies, instead of waiting for courts to issue orders to conduct excavations related to suspected mass graves, must carry out investigations and seek the necessary court orders based on their findings.

Speaking to The Daily Morning, HRCSL Commissioner Nimal G. Punchihewa said that although a court order is required to conduct any excavation, such as in cases involving suspected mass graves, it is not an initiative taken by the courts themselves. Instead, he said that it is the responsibility of the relevant investigative agencies including the Police to carry out the necessary inquiries and then seek the appropriate court orders.

“A court order is issued only upon requests made by the relevant parties based on the facts established through preliminary investigations. If the facts are investigated and reported to the relevant court, the court will allow the excavations. The court does not take the initiative in such matters. Therefore, the relevant parties should not wait for the courts to take the initiative to issue orders. They should report facts before courts and request orders.”

Sri Lanka has a long history of mass grave discoveries, many believed to be linked to the country’s decades-long conflict and episodes of political violence. One of the most well-known cases is the discovery of the Chemmani mass grave in Jaffna, which was said to contain the remains of individuals who had disappeared during military operations in the North.

On an earlier occasion, the Minister of Public Security Ananda Wijepala said that the role of the Police in such cases is limited to providing security and assisting in excavation activities, not initiating them. 

“The Police don’t have to go around digging up graves. That responsibility lies with the Justice Ministry. We only provide the necessary security. However, if there’s a complaint about a mass grave, the Police will report it to court and carry out any required actions, including excavations, based on the court’s instructions.”