STILL NO

ANSWERS
An update on the rights of victims of
enforced disappearances in Sri Lanka

AMNESTY INTERNATIONAL 1
 Amnesty International is a movement of 10 million people
which mobilizes the humanity in everyone and campaigns
for change so we can all enjoy our human rights. Our vision
is of a world where those in power keep their promises,
respect international law and are held to account. We are
independent of any government, political ideology, economic
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and individual donations. We believe that acting in solidarity
and compassion with people everywhere can change our
societies for the better.

© Amnesty International 2022 Cover Photo: Photos of family
Except where otherwise noted, content in this document is licensed under a Creative Commons members disappeared during
(attribution, non-commercial, no derivatives, international 4.0) licence.
https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode Sri Lanka’s conflict displayed
For more information please visit the permissions page on our website: www.amnesty.org
Where material is attributed to a copyright owner other than Amnesty International this
at the victims’ protest site in
material is not subject to the Creative Commons licence. Mullaitivu.
First published in 2022
by Amnesty International Ltd
Peter Benenson House, 1 Easton Street
London WC1X 0DW, UK
All photos by Ruvin de Silva
and Thyagi Ruwanpathirana for
Index: ASA 37/5278/2022 Amnesty International 2022
Original language: English

amnesty.org
 A mother in
Vavuniya showing
a photo of her
disappeared son

“The situation of cases of disappearance is extremely

vulnerable… The government’s attitude is that there were no
disappearances.”
- Sandya Eknaligoda, wife of disappeared journalist Prageeth Eknaligoda1

1  Interview with Amnesty International in August 2021

 1. INTRODUCTION

“It’s like we’ve given our children to the alligators. What happened to
our kids who were alive at the point we handed them over to government
custody?”
– Victim family member from Kilinochchi2

According to cases outstanding before “We know what happens if they joined commitments along the lines of victims’
the UN Working Group on Enforced or the [LTTE] movement. In this case, they rights to truth, justice and reparations.
Involuntary Disappearances in 2021, Sri were handed over to the Sri Lankan Research conducted by Amnesty
Lanka has the second largest number of International shows that this is an
Army who said they will make inquiries
enforced disappearances in the world, inaccurate depiction of ground realities:
recorded at 6,259 — second only to
and pardon them. But now we can’t find of the State’s attitude and response
Iraq.3 Amnesty International estimates them anymore, so we’re suspicious of to the issues of victims of enforced
that there have been at least 60,000 and the state.” disappearances.
as many as 100,000 cases of enforced
disappearance in Sri Lanka since the – Victim family member from Mullaitivu6 Victims of human rights violations in
1980s.4 the context of the war and its aftermath,
bravely continuing their quest for answers,
In February 2022, families of the
“Even if you’ve killed him, tell us. We as well as organisations working on
disappeared in northern Sri Lanka will decide what happens next.” enforced disappearances, now face a
marked five years of continuous protests new dimension of rights violations. This
demanding truth and justice.5 Over the – Victim family member from Mullaitivu7 time the state actors are interfering with
years and despite countless domestic their freedom of peaceful assembly,
mechanisms, the Sri Lankan authorities The Sri Lankan government has been expression and association as well as their
have repeatedly failed to provide them keen to show the UN Office of the right to liberty and security of person,
answers and justice for what constitutes High Commissioner for Human Rights including the protection against arbitrary
a crime under international law and (OHCHR) and UN Human Rights Council detention. This research piece hopes to
a serious international human rights (UNHRC) member states8 that domestic shed light on this deteriorating human
violation. mechanisms such as the Office on rights situation, particularly with regards
Missing Persons (OMP) are reliable, to Sri Lankan authorities’ response and
functional, willing and are dedicated to approach to the rights of families of the
addressing international concerns and forcibly disappeared in Sri Lanka.

2  Interview with Amnesty International in August 2021

3  Report of the UN Working Group on Enforced or Involuntary Disappearances, August 2021, A/HRC/48/57, https://undocs.org/A/HRC/48/57
4  Sri Lanka – Victims of disappearance cannot wait any longer for justice, Amnesty International, April 2017, https://www.amnesty.org/en/latest/news/2017/04/sri-lan-
ka-victims-of-disappearance-cannot-wait-any-longer-for-justice/
5  5 years and still no answers – Tamil families of disappeared march despite rains in Kilinochchi, Tamil Guardian You Tube Channel, February 2022, https://www.
youtube.com/watch?v=u1hU2DAP0VM
6  Interview with Amnesty International in February 2022
7  Interview with Amnesty International in February 2022
8  See for e.g., Foreign Minister Prof. G.L. Peiris Briefs Diplomatic Corps on Current Initiatives, Ministry of Foreign Affairs, 27 January 2022, https://mfa.gov.lk/fm-
briefs-dpl/ and Sri Lanka foreign minister briefs Delhi-based missions ahead of UNHRC session, Economy Next, 23 February 2022, https://economynext.com/sri-lanka-
foreign-minister-briefs-delhi-based-missions-ahead-of-unhrc-session-90734/

4 STILL NO ANSWERS
 A photo of
Yogarasa Amalan
from Kilinochchi,
last seen in the
custody of the Sri
Lankan armed
forces in 2009

AMNESTY INTERNATIONAL 5
A victim family member
from Mullaitivu points
to a loved one in a
photo of young men in
government custody in a
local Tamil newspaper.

6 STILL NO ANSWERS
1.1 METHODOLOGY
This publication is based on primary
and secondary research conducted
by Amnesty International. As primary
research, Amnesty International
conducted 28 interviews, both in-
person and through secure remote
communications, with victim families
predominantly from the Northern
province. One victim family member
from the south was interviewed along
with one southern civil society member.
The interviews were conducted between
July 2021 - February 2022. Of the 28
individuals interviewed, 25 individuals
are women, and 25 individuals are
Tamils. District-level breakdown of
northern interviewees is as follows:
Jaffna (1 individual), Kilinochchi (11
individuals), Mullaitivu (6 individuals),
Vavuniya (7 individuals). The remaining
3 interviewees are from the south. Due
to fears of reprisals and retaliation, some
individuals opted not to be named. Others
consented to be named as they felt
they are already exposed. Our attempts
to reach the Office on Missing Persons
for a meeting proved futile. Amnesty
International would like to acknowledge
and thank the interviewees for their
relentless work in pursuit of justice for
the forcibly disappeared in Sri Lanka,
braving security risks and speaking with
us, and for trusting us with their stories.
Amnesty International also relied on
secondary sources including reports of
local and international organisations and
media reports.

A mother in Vavuniya holds up a

photo of her missing son

AMNESTY INTERNATIONAL 7
Theventhiran Ratheeswaran,
last seen in June 2008. His
father believes he is alive
somewhere

8 STILL NO ANSWERS
 2. A CLIMATE OF FEAR
Amnesty International observed that During the internal armed conflict that Party’s youth wing, in a white van.18
the space available for families of the began in 1983, and even following its The Kalmunai Police dismissed the
disappeared to continue their pursuit end in 2009, ‘white vans’ were used in accusations as false and misleading.19
for truth and justice is increasingly notorious abduction-style arrests in Sri
shrinking owing to intimidation tactics by Lanka, where critics and dissidents were
the state. The seeming return of ‘white subject to enforced disappearances by 2.2 INTIMIDATION TACTICS AND
van’ style arrests in different parts of the the state or state-aligned groups.10 In
country, harassment and intimidation recent months, the state appears to be SURVEILLANCE
of victim families by law enforcement resuscitating elements of this heinous
officers through unannounced visits, practice,11 contributing to fears of a “If I’m at the office or at a protest or
intimidating phone calls, surveillance return to past tactics.
preparing for a protest, the Oddusuddan
and taking photographs during protests
are to name a few. Additionally, the state In one such incident on 14 February
Police call me and harass me. If the
security apparatus as of late has begun 2022, 31-year-old Shehan Malaka media or the ICRC comes to meet us,
approaching the judiciary to pre-emptively Gamage, who had been seeking justice after they’ve left, the Police comes and
restrict the victims’ freedom to protest. over the April 2019 bombings, alleged asks why they visited. I tell them they
that men who had come in a white van, came to help us!”
2.1 STATE-SANCTIONED ‘WHITE dressed in civilian clothing accosted him
in Panadura, in the Kalutara district, in – Victim family member from Mullaitivu20
VAN’ ABDUCTION-STYLE a threatening manner before arresting
ARRESTS CONTRIBUTING TO him.12 Shehan had recognised one of
the men as a Criminal Investigation “Because of the CID we feel threatened.
FEARS OF A RETURN TO PAST Department (CID) officer13 based on a We don’t know when they’ll call or
TACTICS previous CID interrogation incident.14 when we’ll meet the CID. We’re afraid
Shehan also streamed the incident
something will happen to us when we’re
live on his social media.15 He was later
“There may not be enforced arrested on charges of attempting to
moving about.”
disappearances in the full sense of the “excite disaffection toward the state,”16
legal term anymore, but there are state- – Victim family member from Mullaitivu21
produced before court and released on
sanctioned abduction style arrests taking bail.17
place… These are the first two steps In 2021, Amnesty International released
of an enforced disappearance. The only a report22 flagging multiple local and
Another ‘white van’ incident was flagged
thing we’re not seeing so far is the denial international organisations reporting23
by Shanakiyan Rasamanickam MP,
of the ‘arrest’.” on the shrinking space for dissent from
where he alleged that unidentified men
as far back as in 2018. In particular,
who claimed to be part of the state
protests by families of the forcibly
- Brito Fernando, Chair, Families of the intelligence apparatus attempted to
disappeared in the north and east of Sri
Disappeared9 kidnap the Assistant Secretary of his
Lanka were under surveillance by the

9  Interview with Amnesty International in July 2021

10  Read more in “Only Justice Can Heal Our Wounds”: Listening to the Demands of Families of the Disappeared in Sri Lanka, Amnesty International, May 2017,
https://www.amnesty.org/en/documents/asa37/5853/2017/en/
11  Article 2 of ICPED lays out the three cumulative elements of an enforced disappearance: (1) Deprivation of liberty against the will of the person; (2) Involvement
of government officials, at least by acquiescence;(3) Refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared
person.
12  Social activist Shehan Malaka arrested by CID, The Morning, 14 February 2022, https://www.themorning.lk/social-activist-shehan-malaka-arrested-by-cid/
13  The CID is the investigation arm of the Sri Lanka Police
14  CID summons social activist for questioning, NewsWire, 23 August 2021, https://www.newswire.lk/2021/08/23/cid-summons-social-ativist-for-questioning/
15  Activist Shehan Malaka granted bail, day after he was arrested by CID in the street, Newsfirst, 15 February 2022, https://www.newsfirst.lk/2022/02/15/activist-
shehan-malaka-granted-bail-day-after-he-was-arrested-by-cid-in-the-street/
16  Section 120 of Sri Lanka’s Penal Code
17  Sri Lanka’s Archbishop Speaks Out Against Activist’s Arrest, The Diplomat, 16 February 2022, https://thediplomat.com/2022/02/sri-lankas-archbishop-speaks-
out-against-activists-arrest/
18  Shanakiyan Rajaputhiran Rasamanickam MP’s allegation was made on Twitter on 17 February 2022, https://twitter.com/ShanakiyanR/status/149432642099439
2065?s=20&t=2LmZhJwnUvyHlrv1RVNaUA
19 Shanakiyan’s white van accusations false and misleading: SL Police, The Morning, 19 February 2022, https://www.themorning.lk/shanakiyans-white-van-accusa-
tions-false-and-misleading-sl-police/
20  Interview with Amnesty International in February 2022
21  Interview with Amnesty International in February 2022
22  Old ghosts in new garb: Sri Lanka’s return to fear, Amnesty International, February 2021, https://www.amnesty.org/en/documents/asa37/3659/2021/en/
23  See, for e.g., Adayaalam Centre for Policy Research, Situation brief no. 2: Surveillance, harassment and intimidation of disappearances’ activists in the north-east,
30 August 2018, http://adayaalam.org/situation-brief-no-2-surveillance-harassment-and-intimidation-of-disappearances-activists-in-the-north-east/ and Sri Lanka: Fami-
lies of ‘Disappeared’ Threatened, Human Rights Watch, 16 February 2020, https://www.hrw.org/news/2020/02/16/sri-lanka-families-disappeared-threatened

AMNESTY INTERNATIONAL 9
 The Police complaint
lodged regarding
the abduction of
Kanavathipillai
Ravindran in a white
van in 2007

10 STILL NO ANSWERS
security forces. The report went on to flag Across the board, victim families “We had planned to protest today but we
how for several years, law enforcement complained that they are photographed were being followed. We had to split-up
officers- including members of the CID, incessantly by authorities26 dressed and go. Whenever there’s a special day
made visits to organisations and activists in civilian clothing at protests they coming up, the Police get a court order
demanding justice for the disappeared, organise or attend. Some even shared from the Vavuniya Magistrate’s court
to inquire about their work and funding their experiences of how neighbours of saying we’re not allowed to protest. It’s
sources. This has been perceived as a the disappeared and activists had been sometimes pre-emptive… even before
form of intimidation. Victim families have harassed to provide information on the we’ve planned anything. Key members of
further been subjected to other forms of protestors as recently as in November our association couldn’t step out for 10
intimidation, including photographing 2021.27 They also complained of days. Police say we’re trying to recreate
and video recording their protests, receiving calls from the authorities in LTTE. I try to avoid receiving the court
harassment through phone calls and the night trying to harass and intimidate orders, but now I’ve been summoned to
incessant questioning.24 their work — in some cases presuming court.”
victim families’ involvement in various
“When we go to a protest, we know that other protests not directly focusing on - Victim family member from Vavuniya 35
the CID is watching us. They try to be the issue of enforced disappearances.28
one among the crowd and as soon as
Reports29 also indicate that
the protest is over, they run away. They “When we try to organise protests,
representatives from the protests who
sometimes know about the protests attended the UNHRC sessions in Geneva we get court orders. Last year for
before we do!” in 2018 were subject to reprisals, Maaveerar Naal,36 there was a court
harassment and intimidation, sometimes order against me saying my protests are
– Victim family member from Jaffna25 upon their return — a practice that trying to recreate the LTTE movement
has been flagged by the UN Secretary- and are trying to influence the public
General’s report on Cooperation with the to get involved in this movement. The
United Nations, its representatives and Police tried to arrest me.”
mechanisms in the field of human rights
in 2017,30 2019,31 2020,32 and 2021.33 – Victim family member from Kilinochchi37

As mentioned in the 2021 report,38 the

2.3 RESTRICTIONS ON PROTESTS police have repeatedly tried to obstruct
AND MEMORIALISATION peaceful protests organized by families
of the forcibly disappeared, at times
“If we agitate against government using Covid-19 pandemic as a pretext.
about the issue of disappearances, In August 2020, the police obstructed
they might forcibly detain us abusing protests held in Batticaloa in the Eastern
the Quarantine regulations available to Province to mark the International
contain the Covid-19 situation, saying Day of the Victims of Enforced
Disappearances.39 The police sought an
we broke the law.”
interim order from Magistrates against
At their protest site in Mullaitivu,
the protests, citing, among other reasons,
families of victims mark the number of days - Sandya Eknaligoda, wife of disappeared
COVID-19 as a reason for the protests to
since their collective protests began journalist Prageeth Eknaligoda 34
be stopped.40

24  Adayaalam Centre for Policy Research, Situation brief no. 2: Surveillance, harassment and intimidation of disappearances’ activists in the north-east, 30 August
2018, http://adayaalam.org/situation-brief-no-2-surveillance-harassment-and-intimidation-of-disappearances-activists-in-the-north-east/
25  Victim family member from Jaffna in an interview with Amnesty International in February 2022
26  Family members have identified these authorities as members of the Police including the CID and members of the military including military intelligence officers
27  Victim family member from Jaffna in an interview with Amnesty International in February 2022
28  Victim family member from Mullaitivu in an interview with Amnesty International in February 2022
29  Adayaalam Centre for Policy Research, Situation brief no. 2: Surveillance, harassment and intimidation of disappearances’ activists in the north-east, 30 August
2018, http://adayaalam.org/situation-brief-no-2-surveillance-harassment-and-intimidation-of-disappearances-activists-in-the-north-east/
30  Report of the Secretary-General: Cooperation with the United Nations, its representatives and mechanisms in the field of human rights, UN Doc. A/HRC/36/31,
March 2018, paras 72-74
31  Report of the Secretary-General: Cooperation with the United Nations, its representatives and mechanisms in the field of human rights, UN Doc. A/HRC/42/30,
September 2019, paras 96, 97
32  Report of the Secretary-General: Cooperation with the United Nations, its representatives and mechanisms in the field of human rights, UN Doc. A/HRC/45/36,
September 2020, paras 120-123
33  Report of the Secretary-General: Cooperation with the United Nations, its representatives and mechanisms in the field of human rights, UN Doc. A/HRC/48/28,
September 2021, paras 110-111
34  Interview with Amnesty International in August 2021
35  Interview with Amnesty International in August 2021
36  Maaveerar Naal falls on November 27 and marks the day the first LTTE cadre was killed in combat in 1982
37  Interview with Amnesty International in February 2022
38  Old ghosts in new garb: Sri Lanka’s return to fear, Amnesty International, February 2021, https://www.amnesty.org/en/documents/asa37/3659/2021/en/
39  Disappearances in Sri Lanka: Struggles by families and reprisals, Groundviews, 2 September 2020, https://groundviews.org/2020/09/02/sinhalese-tam-
ils-and-muslims-their-quest-is-the-same/?fbclid=IwAR0wmmg3Dje0UTYbeWTgIO9sy9tBLa_9U4olZhzERCuSiXIcCAg3loFXR-o
40  Old ghosts in new garb: Sri Lanka’s return to fear, Amnesty International, February 2021, https://www.amnesty.org/en/documents/asa37/3659/2021/en/

AMNESTY INTERNATIONAL 11
This trend has continued into both 2021 The right to peaceful assembly44,
and 2022. freedom of association45 and freedom
of expression46 are fundamental human In Kilinochchi, a family member holds up a
“Before any significant event, the police rights recognised by Sri Lanka’s photo with their loved one at the protest site
seek court orders against us and they’re Constitution47 as well as under the
also being granted by the judges in ICCPR, to which Sri Lanka is a state
party. Under international law, including
most cases. For example, remembering
the ICCPR, these rights may only
former combatants is banned from be limited where such restrictions
21-27 Nov 2021. They say, ‘we came are provided by law; and are strictly
to know you’re organising a gathering necessary for, and proportionate to,
with a lot of people, this will exacerbate ensuring respect for the rights of others
Covid-19 situation, so you shouldn’t go or for the protection of national security,
ahead’.” public safety, public order or of public
health or morals.48
- Victim family member from Mullaitivu41
International law also protects the
According to victim families, the right to liberty and security of person,
authorities now seek pre-emptive court including the prohibition of arbitrary
orders more and more against key detention.49 Detention in the context of
activists demanding truth and justice Article 9 refers to all forms of deprivation
around the disappeared, obstructing their of liberty, including in prison, house Five from the same family in Jaffna have
right to peaceful assembly, movement, arrest, a psychiatric facility or when it is disappeared after surrendering to the Sri
and freedom of expression — a trend carried out in close premises where the Lankan Army in May 2009. The youngest was 7
common in almost all districts in the person is not allowed to leave.50 months at the time.
north.

In court orders42 seen by Amnesty

International, Magistrates in the north
have granted the Police’s requests
to restrict victims’ rights to peaceful
assembly in some cases up to a week,
citing a number of domestic laws
including the Prevention of Terrorism
Act, the Penal Code, the International
Covenant on Civil and Political Rights
(ICCPR) Act and the Quarantine.

“In our journey searching for our

missing loved ones, we’ve faced a lot of
threats to life. We’re fearful of what may
happen to us from the time we leave
home to when we get back. We regularly
receive court orders restricting our
movements. This is affecting our mental
health, and gets in the way of our
livelihood also.”

- Victim family member from Mullaitivu43

41  Interview with Amnesty International in February 2022

42  An e.g., is the court order AR/873/21 issued by the Mullaitivu Magistrate on 17 November 2021 against 14 family members of the disappeared
43  Interview with Amnesty International in February 2022
44  Article 21, ICCPR
45  Article 22, ICCPR
46  Article 19, ICCPR. The ability to memorialise loved ones can be interpreted as a form of expression: “Everyone shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art,
or through any other media of his choice.
47  Chapter 3 of Sri Lanka’s Constitution lays out the Fundamental Human Rights
48  Further guidance on these restrictions can be found in UN Human Rights Committee General Comments 34 and 37
49  Article 9, ICCPR
50  WGAD Deliberation No. 1 on house arrest (Report of the Working Group on Arbitrary Detention, UN Doc. E/CN.4/1993/24, 12 January 1993)

12 STILL NO ANSWERS
Court order AR/873/21 issued by the Mullaitivu
Magistrate on 17 November 2021 against 14
family members of the disappeared

AMNESTY INTERNATIONAL 13
 3. THE OFFICE ON
MISSING PERSONS

“The government didn’t have a huge political interest in the

dissappearances issue. They set up the OMP only because of international
pressure.”
– Brito Fernando, Chair, Families of the Disappeared 51

“Before I die, I want answers, so my the UNHRC passed a new resolution “It’s important to acknowledge that
children don’t need to continue this 46/156 that stressed the importance of the Tamil families of the disappeared
search. The answers we’re looking for maintaining support for institutions like have proven themselves right about
the OMP and the Office for Reparations,
are: Where are they? Are they alive? the OMP because of their deep insight
safeguarding its independence and
If not, what happened to them? Who effective functioning, providing both
into State responses on the issue of the
is responsible for their disappearance offices with sufficient resources and disappeared.”
or death? What is the justice and technical means to effectively fulfil their
accountability they will receive?” mandates, allowing them to proceed – Ruki Fernando, Human rights activist59
with interim relief measures for affected
– Victim family member from Mullaitivu52 vulnerable families, with a gender focus, “It was after 30 years we got this
and resolving the many cases of enforced office [referring to the OMP]. They did
In September 2015, the then disappearances so that the families of good things at the start, like getting
government co-sponsored UNHRC disappeared persons can know their fate budgetary allocation for interim relief,
resolution 30/1 on promoting and whereabouts.57 giving Certificates of Absence, State-
reconciliation, accountability and human
acknowledged events to mark the
rights in Sri Lanka.53 The resolution
paved the way for the establishment of
International Day of the Disappeared,
“We’ve given time to the government
an Office on Missing Persons (OMP).54 making the list of the disappeared
to do something, but nothing has
However, following the change in public and thereby acknowledging
happened.”
government in November 2019, the Sri the number of disappeared. But we
Lankan Foreign Minister announced
– Victim family member from Kilinochchi58
expected more.”
the government’s intention to withdraw
support for UNHRC resolution,55 raising - Brito Fernando, Chair, Families of the
concerns around the future of the Office. Disappeared 60
At its 46th session in February 2021,

51  Interview with Amnesty International in July 2021

52  Interview with Amnesty International in February 2022
53  UNHRC resolution A/HRC/RES/30/1, Promoting reconciliation, accountability and human rights in Sri Lanka, October 2015, https://www.mfa.gov.lk/wp-content/
uploads/2018/03/RES-30-1.pdf
54  Sri Lanka: The government cannot afford to fail the Office on Missing Persons, Amnesty International, October 2018, https://www.amnesty.org/en/latest/
news/2018/10/sri-lanka-the-government-cannot-afford-to-fail-the-office-on-missing-persons/
55  Statement by Dinesh Gunawardena, Minister of Foreign Relations of Sri Lanka at the 43rd Session of the Human Rights Council, 26 February 2020, https://mfa.
gov.lk/43rd-session-hrc/
56  UNHRC resolution A/HRC/RES/46/1, Promoting reconciliation, accountability and human rights in Sri Lanka, March 2021, https://undocs.org/A/HRC/RES/46/1
57  OP 3, A/HRC/RES/46/1
58  Interview with Amnesty International in July 2021
59  Interview with Amnesty International in July 2021
60  Interview with Amnesty International in July 2021

14 STILL NO ANSWERS
 “The OMP has become a place that’s the OMP in order to reduce the official ended in February 2021. Many of these
feeding the stomachs of government’s number of disappearances in the country. appointments have raised concerns.
friends.”
Upali Abeyratne: Following the
3.1 MEMBERSHIP resignation of the previous Chairperson,
- Sandya Eknaligoda, wife of disappeared
journalist Prageeth Eknaligoda61 the President appointed former Supreme
“The government is trying to lead the Court judge Upali Abeyratne as the new
The Office on Missing Persons (OMP) OMP to die a natural death. How? Upali Chairperson to the OMP in December
2020. Retired Supreme Court judge
was made a statutory body in 2016. Abeyratne was appointed as the Chair.
It’s the first permanent body with a Upali Abeyratne served as the Chairman
His attitude towards the disappeared to the Presidential Commission of Inquiry
mandate, among others, to trace missing is apparent in his work with the
persons and to clarify the circumstances on Political Victimization, when the
Presidential Commission of Inquiry on Commission attempted to interfere in
in which such persons went missing, to
Political Victimisation.” the prosecution of state actors accused
identify avenues of redress for missing
persons and relatives, and to collate data of enforced disappearances — a conflict
related to missing persons.62 Unlike most - Brito Fernando, Chair, Families of the of interest. The appointment raised
previous state-led initiatives that took Disappeared65 concerns among civil society and victims
the form of Presidential Commissions of human rights violations as they said
of Inquiry where Commissioners were “The previous commissioners did some it indicated a clear lack of government
appointed by Presidential decree, things and achieved something. They support for the Office’s mandate and
the OMP’s members were appointed got involved with cases. They observed work.69 One year since his appointment
to the OMP, the retired judge was
through the parliament’s Constitutional cases. Reports were produced… made
Council. With the 20th amendment to also appointed to head the Right to
some progress. We could at least talk Information (RTI) Commission.70 The
the Constitution that was passed in with them — even Northern mothers.
2020, the Constitutional Council was appointment was made at a time when
We can’t even talk to the Commissioners he already held public office, despite
replaced with a Parliamentary Council
now.” the Act establishing the RTI Commission
that has less power over appointments to
independent commissions, the judiciary explicitly barring RTI members from
and bodies like the OMP. In effect, - Sandya Eknaligoda, wife of disappeared holding any public office.71 Media reports
appointments are now made directly by journalist Prageeth Eknaligoda66 indicated at the time that the retired
the President.63 judge would not commit to when he
The Act setting up the OMP dictates would step down from his post as OMP
There is a stark resistance and lack of that the OMP should consist of seven chairman.72
trust in the OMP that has been observed members,67 and that the composition
by Amnesty International. The basis of members reflect the pluralistic H. Jayantha Shantha Kumara
for these feelings were grounded in nature of the Sri Lankan society, with Wickremarathne: In May 2021, the
reasons around the lack of trust in its previous experience in fact finding Parliamentary Council recommended
membership, the title of the office not or investigation, human rights law, the nomination of H. Jayantha
recognising the state’s involvement in international humanitarian law, Shantha Kumara Wickremarathne
the disappearances,64 the removal of the humanitarian response, or possess other as a Commissioner to the OMP.73 Mr
district-level breakdown of lists of the qualifications relevant to the carrying Wickremarathne is a former Inspector
disappeared from the OMP’s website and out of the functions of the OMP.68 General of the Police, who has been
attempts to further cut down the number Several members have been appointed accused of concealing evidence in the
of cases that come within the purview of since the previous members’ term case of Lasantha Wickrematunge, a

61  Interview with Amnesty International in August 2021

62  OMP Act, Section 10, https://www.srilankalaw.lk/Volume-VI/office-on-missing-persons.html
63  The President shall seek the observations of the Parliamentary Council in making appointments to the OMP. He is not bound by the recommendations of the
Parliamentary Council
64  Many victim families argue that the OMP should have been called the Office of the Forcibly Disappeared- recognising the state’s involvement in the disappearanc-
es.
65  Interview with Amnesty International in July 2021
66  Interview with Amnesty International in August 2021
67  OMP Act, Section 4(1)(a)
68  OMP Act, Section 4(2)
69  Letter to Michelle Bachelet: Appointment of Justice Abeyrathna to lead the OMP is a direct insult and an act of violence – Sandya Ekneligoda, Sri Lanka Brief,
21 December 2020, https://srilankabrief.org/2020/12/the-appointment-of-justice-upali-abeyrathne-as-head-of-the-omp-is-a-directinsult-and-an-act-of-violence-against-
families-of-the-disappeared-sandya-ekneligoda/
70  Retd. SC judge Abeyratne and others appointed to new RTI Commission, The Sunday Times, 12 December 2021, https://www.sundaytimes.lk/211212/news/retd-
sc-judge-abeyratne-and-others-appointed-to-new-rti-commission-465185.html
71  RTI Act, Section 12(2)(iii) https://www.rti.gov.lk/images/resources/RTI_Act_Sri_Lanka_E.pdf
72  Retd. SC judge Abeyratne and others appointed to new RTI Commission, The Sunday Times, 12 December 2021, https://www.sundaytimes.lk/211212/news/retd-
sc-judge-abeyratne-and-others-appointed-to-new-rti-commission-465185.html
73  Tweet by the Official Twitter handle of the Sri Lankan parliament, 20 May 2021, https://twitter.com/ParliamentLK/status/1395391026194354176?s=20
and Parliamentary Council agrees to appoint Sanjay Rajaratnam as Attorney General, Newslk, 21 May 2021, https://www.news.lk/news/political-current-affairs/
item/32289-parliamentary-council-agrees-to-appoint-sanjay-rajaratnam-as-attorney-general

AMNESTY INTERNATIONAL 15
A mother in Mullaitivu
shows a photo of her
son and daughter,
both disappeared in
Vadduvahan in May 2009

16 STILL NO ANSWERS
journalist and editor who was murdered time of release, excluded information 24. Vavuniya (566)
in 2009.74 from the Batticaloa district. By the The lists published also included 3,742
OMP’s own admission, Batticaloa cases of Missing In Action (MIA)
Other appointments to the OMP recorded the highest number of cases.80
reportedly include Mr. Mahesh Amnesty International welcomed the 1. Air Force (34)
Katulanda, Mr. W. D. Ganegala, Mr. T. long overdue release of the list as an 2. Army (3256)
3. Navy (452)
Yogarajah, Mrs. S. D. A. Thassim and Mr. important first step for the families that
Shiraz Noordeen.75 have waited years to learn of the fate
In 2021, the list has been taken down
of relatives they have not seen or heard
from the OMP’s website,83 which itself
“Now there’s no huge interest in from since the conflict.81 It was an
does not exist anymore.
keeping up with the OMP or its important gesture towards establishing
operations.” the truth, a formal acknowledgement,
In a briefing note sent to diplomatic
and a form of memorialisation. We also
missions in Colombo in 2021 on the
- Brito Fernando, Chair, Families of the called on the Sri Lankan authorities
‘Progress made by the Government of
Disappeared 76 to initiate investigations into the
Sri Lanka (GoSL) on Human Rights and
circumstances of the disappearances,
Reconciliation’84, the Foreign Ministry
To mark the international day of the identify anyone suspected of criminal
noted that the OMP has received a total
disappeared, on 30 August 2021, the responsibility, and, where there is
of 21,374 cases. Although that figure
OMP held an online event.77 None of the sufficient admissible evidence, prosecute
was meant to have already been adjusted
speakers were women, despite women them in fair trials before ordinary civilian
for duplicates, according to the briefing
being at the forefront of the issue of courts and without recourse to death
note, the new leadership of the OMP
disappearances throughout the world. penalty.82
has removed 2,644 cases for apparently
Only one speaker was from the OMP not falling within the OMP’s mandate.
(then Chair), while the rest were MPs, The lists published on the OMP’s website
They had also taken out the 3,742 cases
the Minister for Justice and a Buddhist detailed a total of 9,391 cases from each
the OMP received from families of MIA
priest. The Minister of Justice assured district (except Batticaloa):
officers, saying they are being ‘handled
that the OMP will be re-energized and by alternate means’ – even though it is
that the Ministry is hoping to monitor 1. Ampara (554)
2. Anuradhapura (270) the OMP’s mandate to fulfil the rights of
its work. Institutionally, this will further those MIA. The case load therefore was
3. Badulla (6)
impede the independence of the office. 4. Colombo (110) reduced to 14,988. Family members
5. Galle (291) complained that there are concerns
3.2 LISTS OF MISSING PERSONS 6. Gampaha (241)
7. Hambantota (391)
around the OMP’s attempts to reduce
the number of complaints of missing
8. Jaffna (2,088) persons, which they perceived as a
“OMP didn’t go to the community 9. Kalutara (187) move to make insignificant the issue of
enough and explain the mandate. Not 10. Kandy (551) disappearances in the country.
even one inquiry was conducted by 11. Kegalle (104)
the OMP based on past Commissions’ 12. Kilinochchi (1,010)
evidence.” 13. Kurunegala (382) 3.3 VICTIMS’ LACK OF TRUST IN
14. Mannar (487)
15. Matale (289) THE OMP
- Brito Fernando, Chair, Families of the 16. Matara (548)
Disappeared78 17. Monaragala (71) “We have met more than 12
18. Mullaitivu (524) commissions but haven’t got a single
In late November 2020, the former 19. Nuwara Eliya (13)
members of the OMP released a list of
answer from any of them.”
20. Polonnaruwa (341)
complaints and information received 21. Puttalam (80)
by the OMP regarding missing and 22. Ratnapura (214) – Victim family member from Kilinochchi85
disappeared persons.79 The list, at the 23. Trincomalee (73)

74  Ex-Police Chief’s appointment to the Office of Missing Persons sparks concern, NewsWire, 31 May 2021, https://www.newswire.lk/2021/05/31/ex-police-chiefs-
appointment-to-the-office-of-missing-persons-sparks-concern/ and Appointment of former police chief to OMP 'obliterates any chance of truth and justice' says ITJP,
Tamil Guardian, 1 June 2021, https://www.tamilguardian.com/content/appointment-former-police-chief-omp-obliterates-any-chance-truth-and-justice-says-itjp
75  Tweet by the official Twitter handle of the OMP, 21 January 2022, https://twitter.com/ompsrilanka/status/1484532624060465153?s=20&t=9n-
6VS62WC07g9l1ZmUVc7Q and Lawyer Shiraz Noordeen appointed Commissioner of OMP, Colombo Times, 22 December 2021, https://www.colombotimes.net/
lawyer-shiraz-noordeen-appointed-commissioner-of-omp/
76  Interview with Amnesty International in July 2021
77  Tweet by the official Twitter handle of the OMP, 30 August 2021, https://twitter.com/ompsrilanka/status/1432276430721744896?s=20
78  Interview with Amnesty International in July 2021
79  Tweet by the official Twitter handle of the OMP, 26 November 2020, https://twitter.com/ompsrilanka/status/1331909597460713472?s=20
80  Paragraph 4.38, OMP Annual Report 2020
81  Sri Lanka: Deliver justice, truth and reparation to families of the disappeared, Amnesty International, November 2020, https://www.amnesty.org/en/latest/
news/2020/11/sri-lanka-deliver-justice-truth-and-reparation-to-families-of-the-disappeared-2/
82  Sri Lanka: Deliver justice, truth and reparation to families of the disappeared, Amnesty International, November 2020, https://www.amnesty.org/en/latest/
news/2020/11/sri-lanka-deliver-justice-truth-and-reparation-to-families-of-the-disappeared-2/
83  The official website of the OMP, previously at http://www.ompsrilanka.org/
84  Amnesty International has seen a copy of the note
85  Interview with Amnesty International in July 2021

AMNESTY INTERNATIONAL 17
 “The northern mothers’ instincts on “The OMP has written asking for more
the OMP have been proven correct. information. They called me asking why
National mechanisms won’t work. All I haven’t responded. I’m a witness to the
state institutions that can look into handover [of her husband] to the Army,
this issue, are being incapacitated… so what more can I provide than what I
The govt wants to destroy the OMP with have already? I’m scared that if I give
people who are useless, so that it gets any further information to the OMP, they
destroyed naturally. It’s become an will issue his Death Certificate.” A victim family member holds up the
office that doesn’t provide victims any letter they received from the OMP
solace. It’s not one of our institutions - Victim family member from Mullaitivu91 requesting further information
now.”

- Sandya Eknaligoda, wife of disappeared

journalist Prageeth Eknaligoda86

In conversations with Amnesty

International, victim families flagged
a number of reasons they lack faith
and trust in the OMP. Families of the
disappeared in the north presented
five cases with “good evidence” to the
former members of the OMP to find them
answers, but this did not yield them any
answers.87 Further they recollected that
even though the OMP received funds
from the budget, it has come to no use
as they’re not able to see any results by
way of truth around their disappeared
loved ones.88 They revealed to Amnesty
International that they felt let down and
that they do not value the OMP.89

Victim families were weary and

suspicious of letters they had received
from the OMP over the past few months.
They insisted that the letters sought
information they had already provided
the office. Some even feared the
information was being sought by the
OMP to prepare Death Certificates.

“They called and said that if we don’t re-

register with the OMP they won’t count
my case.”

- Victim family member from Kilinochchi90

86  Interview with Amnesty International in August 2021

87  Victim family member from Kilinochchi in an interview with Amnesty International in July 2021
88  Victim family member from Kilinochchi in an interview with Amnesty International in July 2021
89  Victim family member from Kilinochchi in an interview with Amnesty International in July 2021
90  Victim family member from Kilinochchi in an interview with Amnesty International in February 2022
91  Victim family member from Mullaitivu in an interview with Amnesty International in February 2022

18 STILL NO ANSWERS
 Photos of disappeared family members at the
protest site in Mullaitivu

4. OTHER GOVERNMENT INITIATIVES

Former initiatives such as providing The interim relief was a small win when The government has also halted the
interim relief (a form of compensation) it came to providing reparations. It’s issuing of Certificates of ‘Absence’,
and issuing Certificates of Absence, important to pursue it.” which sought to provide a legal status
which were welcome initiatives accepted to those who have disappeared, until
by some families of victims have halted – Ruki Fernando, Human rights activist93 such time when conclusive evidence of
altogether. Instead, a more robust the fate of the individual is ascertained.
drive to close cases of the disappeared The Certificate entitled the holders
altogether by issuing Death Certificates Under the OMP’s recommendations, to the same rights enjoyed by the
and compensation, has begun. until final reparation was made, holders of Death Certificates, without
families had begun to receive Rs. being expected to accept a Death
Certificate for legal purposes such as
4.1 THE END OF THE ROAD 6,000 (approximately 30 USD) per
the facilitation of property transfer and
month as a living allowance to ease the
FOR INTERIM RELIEF AND straitened circumstances and economic ownership, the ability to formalize new
partnerships (remarriages), apply for
CERTIFICATES OF ABSENCE? hardships they have endured with
compensation, qualify for social welfare
the disappearance of their relatives,
including many individuals who were payments and pensions, and access
“Interim relief is not being paid… Rs. the sole income earners within those frozen bank accounts.95 From 2019
the OMP provided victim families with
6000 a month as interim relief was families. But the payments, which
are just one of the several forms of interim reports to access the Certificates,
something for the Southern families.” however it is unclear if the OMP will
reparation, were only reaching a limited
number of affected families before continue to assist victims in this process.
- Brito Fernando, Chair, Families of the
Disappeared92 being stopped altogether by the current
government.94

92  Interview with Amnesty International in July 2021

93  Interview with Amnesty International in July 2021
94  Sri Lanka: Deliver justice, truth and reparation to families of the disappeared, Amnesty International, November 2020, https://www.amnesty.org/en/latest/
news/2020/11/sri-lanka-deliver-justice-truth-and-reparation-to-families-of-the-disappeared-2/
95  Certificates of Absence: A Practical Step to Address Challenges Faced by the Families of the Disappeared in Sri Lanka, Centre for Policy Alternatives, September
2015, https://www.cpalanka.org/wp-content/uploads/2015/09/Certificates-of-Absence-FINAL.pdf

AMNESTY INTERNATIONAL 19
4.2 ‘ACCESS TO JUSTICE’ “Ali Sabry said to us, ‘How can we The Sri Lankan government initiatives
bring back someone who is missing?’ have thus far failed to meet the families’
PROGRAMME – DEATH Their aim of this ‘Access to Justice’ right to truth, justice and reparations.
CERTIFICATES AND programme is to get us to accept Rs.
Families of victims further told Amnesty
100,000 and the Death Certificate.”
COMPENSATION International that many families of the
disappeared across the districts protested
- Victim family member from Kilinochchi101 against the Justice Minister’s visit, and
“Now the justice minister is loitering they were obstructed from protesting and
in this area to show the international treated badly at the hands of the Police.
community they’re doing something.” “Don’t know whether she’s alive or not
but I was given the Death Certificate. It’s “We were handled very badly by the
- Victim family member from Kilinochchi96 hard to believe if my daughter is gone or Vavuniya police. Even our saris were
whether this was given to shut me up.” torn. The purpose of our protest was
to show our dissatisfaction. Even that
“Ali Sabry has never come before so - Victim family member from Vavuniya102 wasn’t allowed.”
why is he coming just before UNHRC? Is
he coming to perform a drama?” Sri Lanka is a state party to the
- Victim family member from Vavuniya107
International Convention for the
- Victim family member from Jaffna97 Protection of All Persons from Enforced
Disappearance (ICPED). Under the
Convention, each victim has the
right to know the truth regarding
“They’re trying to convince us to take the circumstances of the enforced
compensation and Death Certificates. disappearance, the progress and results
Don’t come here with compensation. We of the investigation and the fate of the
want answers!” disappeared person.103

- Victim family member from Mullaitivu98 State Parties are duty-bound to take
all appropriate measures to search for,
Victim families speaking to Amnesty locate and release disappeared persons
International felt very skeptical and and, in the event of death, to locate,
angry about government attempts to respect and return their remains.104
reach out to them, especially just ahead
of scheduled UNHRC sessions. Many On providing reparations, the Convention
of them perceived visits by the Minister obligates state parties to ensure that
of Justice, Ali Sabry to the north for the victims of enforced disappearance
the ‘Access to Justice’ programme99 have the right to obtain reparation
as an insincere attempt to offer them and prompt, fair and adequate
monetary compensation and Death compensation,105 and in offering
Certificates without having investigated reparation, cover material and moral
cases of disappearances. They went damages and, where appropriate, other
on to say that the government is forms of reparation such as restitution;
abusing the vulnerable, precarious and rehabilitation; satisfaction, including
desperate Covid-ridden dire economic restoration of dignity and reputation; and
situation of families to force them guarantees of non-repetition.106
accept Death Certificates with monetary
compensation.100 Photo and National ID of P. Sujeeharan (18
years) from Mullaitivu last seen in April 2009

96  Victim family member from Kilinochchi in an interview with Amnesty International in February 2022
97  Victim family member from Jaffna in an interview with Amnesty International in February 2022
98  Victim family member from Mullaitivu in an interview with Amnesty International in February 2022
99  The Minister for Justice has reportedly said the main focus of the programme was the issue of missing persons and they hoped to issue a Death Certificate or
compensation to them through Rs. 300 million the government had allocated from the budget to compensate for disappearances. Read more: Ministry holds ‘Access
to Justice’ Mobile Service in North, Daily News, 26 Jauary 2022, https://www.dailynews.lk/2022/01/26/local/271075/ministry-holds-%E2%80%98access-jus-
tice%E2%80%99-mobile-service-north
100  Victim family member from Jaffna in an interview with Amnesty International in February 2022
101  Victim family member from Kilinochchi in an interview with Amnesty International in February 2022
102  Victim family member from Vavuniya in an interview with Amnesty International in February 2022
103  Article 24(2) of the ICPED
104  Article 24(3) of the ICPED
105  Article 24(4) of the ICPED
106  Article 24(5) of the ICPED
107  Victim family member from Vavuniya in an interview with Amnesty International in February 2022

20 STILL NO ANSWERS
 A victim family shows
receipts of complaints
made to various bodies
over consecutive years,
including the Sri Lanka
Police
AMNESTY and the Human21
INTERNATIONAL
Rights Commission
 5. STATUS OF KEY
EMBLEMATIC CASES
“There is no justice. Anything that was achieved so far has been
dismantled. We can’t have a whole lot of faith in the judiciary given
the kind of people that are gettting acquitted these days. Witnesses
are being pressured. In one Presidential Commission report, there is a
recommendation to reward one of the suspects in Prageeth’s case. We
will have to rely on an international justice process.”
– Sandya Eknaligoda, wife of disappeared journalist Prageeth Eknaligoda 108

Both by way of the ICCPR109 and the for the accused are cross-examining state preventing this.114 The Commission later
ICED,110 international law obligates state witnesses. To date, four witnesses have recommended the suspects in the case
parties to ensure that victims have a been cross-examined. Next court hearing be acquitted of all charges filed against
right to remedy. Except for one case, key is scheduled for April 2022. Amnesty them in the Homagama Magistrate’s
emblematic cases that are before the International is observing the trial.113 Court115 and indictment filed in the
courts have made no progress over the Permanent High Court case against
last two years. In some cases, attempts In January 2020, President Gotabaya several suspects should be withdrawn. It
have been made by state mechanisms to Rajapaksa appointed a Presidential further recommended rewarding suspects
undo the progress made thus far. Commission of Inquiry into “political in the case and taking disciplinary action
victimization” under the previous against Police investigators that pursued
government. Many state officials facing accountability.116 If implemented, the
5.1 THE PRAGEETH EKNALIGODA trial over human rights violations Commission’s recommendations will
have complained of being “politically undo progress in the only emblematic
DISAPPEARANCE CASE targeted” by the previous government case on enforced disappearances to have
and have sought the Commission’s made any progress.
The case, where nine military officers support in absolving them from ongoing
were indicted in 2019 for the 2010 court cases. As a result, the Commission
abduction and murder111 of journalist Sandya Eknaligoda, the wife of the victim
has intervened in cases that are pending has complained of receiving phone calls
Prageeth Eknaligoda112 is pending before before courts, especially where military
the Colombo Permanent High Court. The from unknown numbers before court
members are implicated. dates. She presumes the calls are from
hearings were postponed multiple times,
owing in part to Covid-19 restrictions. state actors attempting to harass and
In the Eknaligoda case, key witnesses intimidate her.117
The state prosecutors from the Attorney were summoned to testify before the
General’s department are in the process Commission, in spite of a court order
of leading evidence and defense counsel
108  Interview with Amnesty International in August 2021
109  Article 2, ICCPR
110  Articles 3, 6, 7 and 11
111  Full list of charges available at: Prageeth Ekneligoda case: Nine army officials indicted, Daily Mirror, 27 November 2019, https://www.dailymirror.lk/breaking_
news/Prageeth-Ekneligoda-case-Nine-army-officials-indicted/108-178597
112  For further details of the case, see: Amnesty International USA, 2011, https://www.amnestyusa.org/pdfs/srilanka11.pdf
113  See updates on the Amnesty International South Asia official Twitter handle: https://twitter.com/amnestysasia/status/1461290594215419915?s=20&t=Ogaa3
-f8LHWJTLHl6Tkikg
114  Update on the case on Amnesty International South Asia’s official Twitter handle: https://twitter.com/amnestysasia/status/1309039133772443648
115  The Homagama case is regarding the 2009 abduction of Prageeth Eknaligoda allegedly by military intelligence officers.
116  A Commentary on the Presidential Commission of Inquiry and the Special Presidential Commission of Inquiry on Political Victimization, Centre for Policy Alterna-
tives, April 2021, https://www.cpalanka.org/wp-content/uploads/2021/04/Finalized-doc-CoI-SPCoI-on-Political-Victimization.pdf
117  Interview with Amnesty International in August 2021

22 STILL NO ANSWERS
5.2 THE ‘NAVY 11’ CASE additionally recommended that criminal 5.3 THE NAVATKULI CASE
investigators, lawyers and others involved
The case refers to the enforced in the investigation and prosecution be The case refers to the enforced
disappearance of 11 individuals- charged for “fabricating false evidence” disappearance of 24 Tamil youth
most of whom are Tamils, in 2008 and “corruption.”123 allegedly by the military at Navatkuli
and 2009, allegedly in an abduction in the Jaffna district in the north, in
racket spearheaded by members of The case was an opportunity for the Sri 1996. According to media reports, Major
the Sri Lankan Navy.118 Senior military Lankan authorities to deliver justice General Keppetiwalana, the Director
commanders are implicated in the for crimes under international law, by General of the Sri Lankan Infantry
case. In August 2018, the Criminal ensuring that those reasonably suspected appeared before the Chavakachcheri
Investigation Department (CID) of of criminal responsibility, including Magistrates court in December 2021 for
the police arrested Lt. Commander those implicated for aiding and abetting the inquiry. The case will be heard at the
Chandana Prasad Hettiarachchi, alias and under command responsibility, are end of March 2022.125
“Navy Sampath”, as the main suspect brought to trial. The implementation of
in the case. The CID accused then the Commission’s recommendations will In 2021 Amnesty International
Chief of Defence Staff Admiral Ravindra directly undermine the victims’ right to a released a report126 that documents the
Wijeguneratne of shielding one of the remedy. intimidation faced by Kumaravadivel
main suspects, and the court ordered Guruparan who appeared as counsel for
his arrest. In February 2019, former Amnesty International has previously petitioners in the Navatkuli case. The
Commander of the Sri Lanka Navy, reported on the threats and intimidation Jaffna-based human rights organization
Admiral Wasantha Karannagoda, was against the lawyer appearing on behalf he founded has been visited repeatedly
named as the 14th suspect in the case. of the victims’ families.124 The lawyer by the police. Guruparan believes that
He was accused of having known about Achala Senevirathne has been threatened the visits are intimidation tactics used by
the enforced disappearance by naval with violence and sexualized abuse the state for his appearance in the case.
personnel he had command responsibility on social media. She has alleged that
over and choosing to take no action. In navy officials accused in the case have
August 2021, without publicly providing telephoned her and threatened her.
reasons for its decision, the Attorney
General’s department decided not to
proceed with charges against Wasantha
Karannagoda over his alleged role in the
enforced disappearance.119 In December
2021, the President appointed him
as the Governor of the North Western
province.120

The “Navy 11” case has faced many

obstacles. The 2020 Presidential
Commission of Inquiry into “political
victimization” recommended that
Admiral Wasantha Karannagoda, Rear
Admiral D.K.P. Dassanayake and others
accused in the case should be acquitted
of all charges in the case filed against
them in the Fort Magistrate’s Court.121
It also recommended the withdrawal of
the indictment filed against them in the
Permanent High Court Trial at Bar held
in Colombo.122 The Commission Mothers of the disappeared in Mullaitivu hold up a protest banner

118  For further information, see: Sri Lanka: Authorities falter on accountability in ‘Navy 11’ case, Amnesty International, 4 August 2021, https://www.amnesty.org/
en/latest/news/2021/08/sri-lanka-authorities-falter-on-accountability-in-navy-11-case/
119  Sri Lanka: Authorities falter on accountability in ‘Navy 11’ case, Amnesty International, 4 August 2021, https://www.amnesty.org/en/latest/news/2021/08/
sri-lanka-authorities-falter-on-accountability-in-navy-11-case/
120  Admiral of the Fleet Wasantha Karannagoda – New North-West Governor, Newsfirst, 9 December 2021, https://www.newsfirst.lk/2021/12/09/admiral-of-the-fleet-
wasantha-karannagoda-new-north-west-governor/
121  A Commentary on the Presidential Commission of Inquiry and the Special Presidential Commission of Inquiry on Political Victimization, Centre for Policy Alterna-
tives, April 2021, https://www.cpalanka.org/wp-content/uploads/2021/04/Finalized-doc-CoI-SPCoI-on-Political-Victimization.pdf
122  A Commentary on the Presidential Commission of Inquiry and the Special Presidential Commission of Inquiry on Political Victimization, Centre for Policy Alterna-
tives, April 2021, https://www.cpalanka.org/wp-content/uploads/2021/04/Finalized-doc-CoI-SPCoI-on-Political-Victimization.pdf
123  A Commentary on the Presidential Commission of Inquiry and the Special Presidential Commission of Inquiry on Political Victimization, Centre for Policy Alterna-
tives, April 2021, https://www.cpalanka.org/wp-content/uploads/2021/04/Finalized-doc-CoI-SPCoI-on-Political-Victimization.pdf
124  Old ghosts in new garb: Sri Lanka’s return to fear, Amnesty International, February 2021, https://www.amnesty.org/en/documents/asa37/3659/2021/en/
125  Sri Lanka: Case against a Major General re disappearance of 24 Navatkuli youth in 1996; journalists barred, media intimidated, Sri Lanka Brief, 16 December
2021, https://srilankabrief.org/sri-lanka-case-against-a-major-general-re-disappearance-of-24-navatkuli-youth-in-1996-journalists-barred-media-intimidated/
126  Old ghosts in new garb: Sri Lanka’s return to fear, Amnesty International, February 2021, https://www.amnesty.org/en/documents/asa37/3659/2021/en/

AMNESTY INTERNATIONAL 23
A mother in
Kilinochchi showing
the photo of her
disappeared son

Photos of family members disappeared during

Sri Lanka’s conflict displayed at the victims’
protest site in Mullaitivu

24 STILL NO ANSWERS
 6. CONCLUSIONS AND
RECOMMENDATIONS
“Wrongdoers have to be punished. There is no accountability for
them locally. Therefore bringing us justice falls on the international
community.”
– Victim family member from Vavuniya 127

In less than one year since the UNHRC The international community must
passed resolution 46/1 drawing the rigorously monitor Sri Lanka’s
world’s attention to the “clear early deteriorating human rights situation,
warning sign of a deteriorating situation including the impact on victims of
of human rights in Sri Lanka,”128 enforced disappearances, with a view of
the plight of victims of the forcibly pursuing avenues for international justice
disappeared has worsened. On top of where sufficient evidence exists.
the serious human rights violations they
have been victim to already, the victim “Even recently some have come out [of
families now face a new dimension of detention]. We’re scared if we push too
human rights violations that are taking much, and if our loved ones are alive,
place in the country, cracking down on
A family member observes
they may be killed.” a banner displayed at their
their internationally recognised personal
freedoms, while they struggle to further disappearances protest site
– Victim family member from Mullaitivu129
their campaign for truth and justice for in Kilinochchi
the disappeared.

The Sri Lankan government must

urgently and genuinely take account
of the demands of families of the
disappeared, agitating for answers
for more than a decade. They must
prioritise, respect and facilitate the
families’ rights to truth, justice and
reparations without exerting pressure
on them to close the cases on their
missing loved ones. In the meantime,
the government is duty-bound by
international law to protect and create
an enabling environment for the families
of the disappeared to enjoy their rights
to free expression, association, peaceful
assembly, liberty and security of person
including the prohibition against arbitrary
detention.

127  Victim family member from Vavuniya in an interview with Amnesty International in February 2022
128  UNHRC resolution A/HRC/RES/46/1, Promoting reconciliation, accountability and human rights in Sri Lanka, March 2021, https://undocs.org/A/HRC/RES/46/1
129  Victim family member from Mullaitivu in an interview with Amnesty International in February 2022

AMNESTY INTERNATIONAL 25
A mother in Mullaitivu
wraps up for the day at
the victims’ protest site

Index: ASA 37/5278/2022

Original language: English

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