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Restarting stalled probes: The long wait for justice

Restarting stalled probes: The long wait for justice

13 Oct 2024 | By Maheesha Mudugamuwa


It has been 15 years since the murder of The Sunday Leader Founding Editor Lasantha Wickrematunge and over nine years since the fall of the Mahinda Rajapaksa administration. 

Now, in 2024, the call for justice remains unanswered as Sri Lanka grapples with the legacy of unresolved murders and disappearances that took place during the previous regime. As a new Government takes office, civil society and victims’ families have once again renewed their hopes for accountability, but faith in the process remains fragile.

Despite promises made by successive governments, progress has been slow, and the investigations into high-profile cases from the 2005-2015 period have either stalled or been mired in political controversy. With renewed public outcry and pressure from international human rights organisations, Police Spokesman DIG Nihal Thalduwa has confirmed that a comprehensive effort to recommence investigations is underway. 

“We are committed to resuming these investigations from where they were set aside and ensuring that justice is finally served,” Thalduwa said in a statement to the media.


A legacy of unresolved cases

From the murder of Wickrematunge to the disappearance of journalist Prageeth Eknaligoda, Sri Lanka’s unresolved cases stand as a stark reminder of the country’s failure to deliver justice. Each case tells a story of political interference, lack of institutional cooperation, and a Judiciary unable to move swiftly.

Wickrematunge was assassinated in broad daylight in January 2009 while driving to work in Colombo. Known for his fearless journalism and outspoken criticism of corruption, his murder shocked the nation. Despite an initial flurry of activity after the 2015 Government took office, the investigation has yielded no convictions. A decade-and-a-half later, the perpetrators remain at large.

Eknaligoda, a journalist and cartoonist, disappeared in 2010 after writing critically about the then Rajapaksa administration. His wife, Sandya Eknaligoda, continues to fight for answers, but successive governments have failed to bring the culprits to justice. “Each election, they talk about finding my husband’s killers, but nothing has changed,” she lamented in a recent interview.

Other cases from the same period also remain unresolved. The killing of rugby player Wasim Thajudeen in 2012, initially dismissed as an accident, is now widely believed to be a murder involving powerful political figures. The case has dragged on for more than a decade, with several arrests related to an alleged cover-up, but no one has been held accountable for the murder itself.

Another case that is being revisited is the MiG deal case, which centres around an alleged corruption scandal involving the purchase of four MiG-27 fighter jets for the Sri Lanka Air Force in 2006 under the then Mahinda Rajapaksa Government. 

Former Sri Lankan Ambassador to Russia Udayanga Weeratunga, who is a close relative of former President Rajapaksa, was among the key suspects in the deal. He is accused of embezzling $ 7.833 million in public funds related to this procurement, with accusations also being levelled against then Defence Secretary Gotabaya Rajapaksa.

The Financial Crimes Investigation Division (FCID) began investigating the deal, suspecting that the procurement was riddled with irregularities, including inflated prices and money laundering. Chief Inspector Nihal Francis and SSP Pavithra Dayaratne, two key investigators, led the case for over five years until they were abruptly transferred in 2020, raising concerns about interference in the investigation.

The case has also been linked to the assassination of Wickrematunge, who was investigating the MiG deal before his murder in 2009. Wickrematunge’s family has publicly called for the protection of witnesses involved in the MiG investigation, fearing retaliation. The case remains a significant corruption scandal in Sri Lanka, symbolising broader concerns about accountability and justice.

Similarly, the case concerning the disappearance of 11 youth in 2008-2009, allegedly abducted by Sri Lanka Navy personnel, remains a pivotal investigation in Sri Lanka’s post-war history. The youth were reportedly held in secret camps, particularly in Trincomalee, before they vanished.


Lack of progress and trust

The ‘Yahapalana’ Government, which took office in 2015 under the leadership of President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe, had promised to pursue justice for victims of politically motivated killings and abductions. However, as its term ended in 2019, most of those cases remained unresolved, leading to widespread disillusionment. Now, with a new administration in 2024, activists are demanding concrete action rather than empty rhetoric.

DIG Thalduwa emphasised that the recommenced investigations would focus on the most high-profile cases, including Wickrematunge’s murder, Eknaligoda’s disappearance, and the Thajudeen case. “We understand the frustration of the victims’ families and we are determined to provide answers. This is a priority for us,” he said.

The long list of unresolved cases also includes several incidents of mass violence. The 2012 Welikada prison massacre, in which 27 inmates were killed during a Police raid, remains one of the darkest chapters in Sri Lanka’s recent history. Despite multiple inquiries and public outrage, no one has been held accountable.

Similarly, the Rathupaswala shooting in 2013, in which security forces opened fire on civilians protesting for clean drinking water, left three people dead. The case has been languishing in the courts for years, with little hope for resolution.

Political interference has been a common theme across all these cases. During the previous Rajapaksa administration, critics allege that the security forces and Police were often complicit in covering up crimes involving influential political figures. 

“The entire system was compromised,” said former MP Namal Rajapaksa in a media interview. He claimed that the current Government’s efforts to resume investigations were politically motivated. “These cases are used to settle political scores rather than pursue genuine justice,” he argued.


Challenges ahead

One of the key challenges in resuming these investigations is the lack of coordination between institutions. Under previous administrations, the Police, military, and Judiciary frequently operated in silos, leading to delays and miscommunication. The Criminal Investigation Department (CID), in particular, has faced numerous obstacles in obtaining cooperation from the Sri Lanka Army and Navy.

In 2019, State Minister of Defence Ruwan Wijewardene acknowledged that coordination between the military and the Police was poor, hindering the progress of investigations. Today, DIG Thalduwa has assured the public that steps have been taken to improve inter-agency communication. “We have established better coordination mechanisms to ensure that all necessary institutions work together,” he said.



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