- Complex scientific, operational, emotional, and ethical challenges
- Need for community outreach in the probe and reference-sample collection
- Absence of a formal community liaison or psychosocial support system contribute to misinterpretations and emotional distress
- Financial delays disrupt the exhumation process - need for dynamic funding mechanisms
There are complex scientific, operational, emotional, and ethical challenges involved in post-conflict mass grave investigations in Sri Lanka including exhumations. These emphasise the importance of scientifically sound forensic methods, transparent communication with the affected communities, the careful interpretation of uncertain findings, the culturally sensitive handling of human remains, and flexible logistical support. Also, multidisciplinary collaboration, non-invasive grave delineation techniques, and strengthened forensic anthropological and radiological capacity are valuable for future humanitarian investigations in post-conflict settings.
These findings were made in the "Forensic exhumation of a wartime mass grave at Kokkuthuduvai, Mullaitivu: A forensic case report and lessons learnt" which was authored by S Pranavan and U Mayorathan (both attached to the Jaffna Teaching Hospital [TH]), E M K B Ekanayake and B Sanjaya (both attached to the Peradeniya University's Medical Faculty's Forensic Medicine Department), K Vasutheva (attached to the Mullaitivu District General Hospital [DGH]), Illukkumbura (attached to the Kandy National Hospital) and W M T Lowe (attached to the same Department of the Sri Jayewardenepura University), and published in the Sri Lanka Journal of Forensic Medicine, Science and Law's.
The separatist war, which lasted from July 1983 to May 2009, was a conflict between the separatist LTTE and the Armed Forces of the Sri Lankan Government, fought mainly in the Northern and Eastern parts of the island. The death toll of the conflict ranges from 70,000 to 100,000, with 1,000s reported missing. The Mullaitivu District in the Northern Province, predominantly inhabited by Tamils, was one of the epicentres of the conflict, witnessing several major battles and skirmishes and remained under LTTE control for about half of the duration of the war. The prolonged conflict led to the significant loss of life, enforced disappearances, displacement, and long-term social and cultural disruption, particularly affecting the Tamil population of the region.
In the Tamil society, where Hinduism is the predominantly practiced religion, dead bodies are cremated. During the Civil War, especially in LTTE-controlled areas, the practice of burials emerged, and the cemeteries are perceived as holy places. The absence of a proper burial and knowledge of the fate of missing relatives has left many families in prolonged states of grief and uncertainty.
Before the discovery of the Kokkuthuduvai mass grave, at least 32 graves had been identified. But, only seven have been excavated, which include graves from the Northern and Eastern Provinces, namely Chemmani, Jaffna, Kalavanchikudy, and Mannar. Graves discovered in Matale and Sooriyakanda have been connected with the deaths during the insurrection led by the leftist political Party, the Janatha Vimukthi Peramuna (People's Liberation Front), while several graves found on the Southern coast had been created to dispose of the victims of the 2004 tsunami disaster. Investigations into mass graves are uniquely challenging due to the limited documentation of wartime deaths, the lack of antemortem data or deoxyribonucleic acid (DNA) reference samples, and infrastructural constraints in the previously conflict-affected areas. The discovery of wartime mass graves in this region is not merely a forensic or legal exercise, but one deeply entwined with the cultural practices surrounding death and mourning.
Previous international experiences have shown that mass grave investigations require multidisciplinary collaboration involving forensic pathology, forensic anthropology, archaeology, radiology, and humanitarian engagement, with strict protocols, particularly in post-conflict settings. Issues such as clandestine burial, reburial, the commingling of remains, and post-depositional disturbances complicate stratigraphic (a branch of geology concerned with the study of rock layers/strata and layering/stratification) interpretation and the recovery of remains. Exhumations are often prolonged, resource-intensive, and require careful excavation over extended periods to preserve fragile remains and artefacts. In addition, investigators face many ethical and legal concerns, such as the need to balance humanitarian and legal requirements, while ensuring adherence to human rights standards and maintaining the integrity of the investigation.
Case presentation
On 29 June 2023, the presence of human remains was first reported in Kokkuthuduvai, located approximately 26 kilometres south-east of the Mullaitivu Town, adjacent to the B-297 Mullaitivu-Kokkilai Road, during an excavation of a trench to lay a water supply line by the workers of the National Water Supply and Drainage Board. On 6 July 2023, the site was preliminarily explored by the Mullaitivu DGH Forensic Pathologist, under the inquest order issued by the Mullaitivu Magistrate. There are no separate laws for the disinterment of human remains in Sri Lanka. The Magisterial order was issued as per the provisions of Section 373 of the Code of Criminal Procedure Act, No. 15 of 1979. Since it appeared to be a part of a larger grave site with remains belonging to multiple individuals, further exploration was immediately halted to facilitate a more organised excavation process.
A team comprising of the said Pathologist, a Senior Archaeology Professor at the Kelaniya University's Postgraduate Institute of Archaeology, a specialist in Forensic Pathology with a special interest in Forensic Anthropology from the Jaffna TH, Scene of Crime Officers (SOCOs) from the local Police, lawyers and representatives from the Office on Missing Persons (OMP) was formed under Magisterial supervision to further investigate the site. A discussion was held at the Court premises between the said team and the local political representatives, and it was planned to continue the excavation project systematically with the participation of experts. The objective of the exhumation project was humanitarian and truth-seeking, to identify the victims and circumstances related to their deaths. The funding for the project was to be provided by the Justice Ministry, through a proposal submitted to the Mullaitivu Divisional Secretariat, which deviated from the usual process of obtaining funds from the Ministry via the local courts. Logistical arrangements were made before the excavation through a proposal submitted by the forensic experts. These arrangements included tented shading over the grave site, temporary shelters for the security personnel, temporary toilet facilities, a drinking water and electricity supply, and CCTV camera coverage.
Under the Magisterial order, the site was secured by the local Police, erecting a permanent roof structure - since the site was open, hot and dry - with continuous CCTV coverage. Aerial drones from the Police Special Task Force were used to capture aerial photographs of the site, and audio magnetotelluric (ADMT) (a passive geophysical technique that measures naturally occurring electromagnetic fields to assess subsurface conductivity, which method is effective in identifying areas with distinct resistivity characteristics, such as disturbed soils commonly associated with burial sites) techniques were utilised to delineate the burial site's extent.
A systematic excavation of the identified burial feature was conducted in three phases, 6-15 September 2023, 27-29 November 2023 and 4-16 July 2024, with the interruptions caused by the lack of a flexible funding scheme. The personnel who participated in the excavation, in addition to the said team, included the Medical Officers – Medico-Legal of the Mullaitivu DGH, postgraduate trainees in Forensic Medicine, postgraduate trainees in Archaeology, and labourers, while independent observers were present. The extent of daily progress was briefed to the public and the media at the end of each day’s excavation. The excavation process was coordinated by the Mullaitivu DGH Forensic Pathologist. The archaeology team excavated the site with the support of forensic personnel. The Police and the SOCOs involvement were in the management of the scene, maintaining the chain of custody and photography. The analysis of the recovered remains was conducted by the forensic team.
A systematic excavation procedure was followed, and the burial trench was divided into grids using string lines and pegs. The soil was removed layer by layer using hand tools, and the stratigraphy was carefully documented to preserve the spatial relationships between the remains. The skeletal remains and artefacts were photographed in situ, labeled with context numbers, and mapped. Detailed records were kept through written notes and scaled sketches. During the process, the initial burial trench of 14 into three metres (m) was extended a further three m onto the bituminous (an immensely viscous constituent of petroleum) road, which had been widened after the Civil War. In the burial trench, commingled skeletal remains belonging to 52 individuals, suspected to represent individuals associated with the LTTE forces based on contextual, artefactual, and clothing evidence, were identified. It was suggestive of a hasty mass burial, rather than an orderly individual burial or a commingling caused by pre-professional excavation. Their clothes, bones and artefacts were documented separately, dug out and packed in labeled containers under Magisterial supervision for further analysis. These containers were transported to the Jaffna University's Forensic Medicine Department, for further examination. Throughout the process, the chain of custody was strictly maintained. Following the exhumation, the burial site was closed on 16 July 2024 and funeral rites were held according to local traditions and customs.
Anthropological examination was conducted at the said Department, according to standard forensic osteological (the scientific study of bones) principles and subsequent forensic anthropology references. This included the estimation of the skeletal examination, age and sex estimation, trauma documentation and taphonomic (the study of how organisms decay and become fossilised or preserved in the paleontological record) observations. Clothes were examined for their type, identification markings and defects due to possible wartime trauma. Bones were examined using X-ray and computed tomography (CT) scanning, and grossly for injuries, signs of disease, and features to estimate the stature and age at the time of death, and to determine the sex. Assessment of trauma timing was based on fracture morphology and radiological correlation. Age and sex were estimated using morphological and metric analysis of bones and dental assessment by a team of experts from the Peradeniya University's Dental Sciences Faculty. Age was estimated using dental crown and root development and the radiological measurement of the pulp/tooth ratio of the maxillary and mandibular canines. Sexual dimorphism in permanent maxillary and mandibular canines in the Sri Lankan population and anthropometric measures of the tibia were used as reference data for sex estimation. Stature estimation was challenging due to postmortem breakage at the ends of most long bones. Taphonomic assessment included the evaluation of fragmentation, weathering, root infiltration, soil-related changes, and postmortem damage. The investigation adhered to internationally accepted forensic principles applicable to potentially unlawful deaths, including the maintenance of the chain of custody, systematic documentation, multidisciplinary participation, and the preservation of evidentiary integrity, as reflected in the Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016) and the relevant standards. Following the completion of the anthropological analysis, the exhumed remains were retained under judicial custody.
Results
The estimated age ranged from approximately 12 to 53 years. Out of the 52 cases, 15 individuals (28.8 per cent) were assessed as younger than 20 years, while nine/17.3% were estimated to be between 20 and 30 years. Three/5.8% were estimated to be older than 30. In 25/48.1%, age estimation remained indeterminate or overlapped multiple age categories due to wide interval estimates, minimum-age assessments, or incomplete skeletal preservation. The majority were female (31/59.6%), while 21/40.4% were male. By analysis of the skeletal injuries and associated defects in clothing, findings suggestive of blast-related trauma alone were identified in 41/78.8%, firearm-related trauma alone in seven/13.4%, and combined blast and firearm-related trauma in three/5.8%. In one/2%, the possible cause of death (COD) remained undetermined. These interpretations were descriptive and did not constitute a definitive determination of the COD.
Radiological examination assisted in differentiating perimortem fractures from postmortem damage and showed metallic fragments embedded in the selected remains, consistent with explosive trauma. Most remains were recovered clad in clothing resembling paramilitary-style uniforms, and some of these garments bore identification numbers. In relation to some, “dog tags” bearing identification markings were retrieved. Many who were identified as females using osteological assessments were clad in underwear, such as brassieres and panties, typically worn by females, supplementing the findings in the sex determination. Formal ballistic analysis was not possible because projectiles suitable for ballistic examination were not recovered. Further analysis could not be performed due to the fragmentation of the bones, and no positive individual identification was achieved.