US embassy cable - 02COLOMBO1427

C O N F I D E N T I A L COLOMBO 001427 
 
SIPDIS 
 
FOR SA/INS AND DRL 
 
E.O. 12958: DECL: 08/02/12 
TAGS: PGOV, PHUM, CE, Human Rights 
SUBJECT:  In more good human rights news, cause celebre 
case against former Defense Minister moves forward 
 
Refs:  (A) State 142092 
-      (B) Colombo 1286, and previous 
 
(U) Classified by Long Lee, A/DCM.  Reasons 1.5 (b,d). 
 
1.  (C) Summary:  A high-profile court case involving 
Anuruddha Ratwatte, the former Defense Minister and a 
relative of President Kumaratunga, will come to trial on 
August 9.  Ratwatte and two of his sons have been 
accused of planning the murder of ten Muslim campaign 
workers in December 2001.  According to contacts, the 
fact that the case is moving forward is an indication 
that the GSL is trying to overcome a history of impunity 
for politicians and military personnel who have been 
accused of human rights abuses.  End Summary. 
 
2.  (SBU) A high-profile court case involving Anuruddha 
Ratwatte, the former Defense Minister and a relative of 
President Kumaratunga, will come to trial on August 9. 
(Note:  Ratwatte played key roles in formulating GSL 
military strategy in the 1990's and also was a key 
organizer for the People's Alliance party.  He remains a 
senior MP.)  Ratwatte and two of his sons have been 
accused of conspiracy to commit the murder of ten Muslim 
campaign workers on election day December 5, 2001. 
Working under the alleged overall direction of Ratwatte, 
a handful of former soldiers and political supporters 
have been accused of murdering the Muslims.  The murders 
occurred near Kandy in central Sri Lanka in an area 
known as Udatalawinna.  The murders sparked 
demonstrations by Muslims throughout Sri Lanka and led 
to several days of nationwide curfews. 
 
3.  (C) Reacting in part to deep Muslim concern about 
the murders, the government has been careful not to 
block the investigation into Ratwatte's alleged 
involvement in the case.  In an August 1 discussion with 
poloff, Vijith Malagoda, Senior State Counsel of the 
Attorney General's (AG) Office, stated that the 
prosecution of the case against Ratwatte was unique 
because the AG had direct access to the ongoing Criminal 
Investigation Division (CID) findings concerning the 
incident.  In most cases in the past involving high- 
profile personages of whatever political stripe, the 
AG's office has been prohibited from becoming involved 
until the police investigation was complete, at which 
time the prosecution would be based solely on the final 
report from the CID.  In this case, however, the GSL has 
made sure that the CID is fully cooperating with the 
AG's office in constructing the case against Ratwatte. 
 
4.  (C) In a bid to prevent any effort to unduly 
influence the jury and tamper with witnesses, the 
Colombo High Court has agreed to the AG's request to 
hold a trial-at-bar in the Ratwatte case.  This decision 
will allow the court to replace the jury with three high 
court judges who will hear the case at an accelerated 
pace and then decide on the verdict.  After the trial- 
at-bar is completed, decisions can be appealed to the 
Supreme Court. 
 
5.  (C) Comment:  Human rights observers have commented 
that Ratwatte and his sons will likely face a real 
trial, unlike previous cases against individuals of 
prominence.  In the past, the government in power 
usually did its level best to allow well-known 
individuals (of whatever party) to get off the hook. 
This practice led to accusations that there was a 
climate of impunity involving human rights matters.  The 
GSL seems intent on changing this unfortunate record, 
despite complaints from opposition ranks that it is 
using the case to harass Ratwatte.  End Comment. 
 
WILLS