US embassy cable - 03COLOMBO147

UNCLAS SECTION 01 OF 02 COLOMBO 000147 
 
SIPDIS 
 
DEPARTMENT FOR SA/INS 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, CE, LTTE - Peace Process, Human Rights 
SUBJECT:  Sri Lanka:  Human rights cases continue to 
move through judicial system, if somewhat erratically 
 
Ref:  02 Colombo 1427 and previous 
 
1. (SBU) Summary:  This update reviews the progress of 
four high profile human rights related court cases, 
including: 
 
-- Kandy election day killings - continuation of a case 
against a high-profile political family and security 
forces for killing 10 supporters of a Muslim party; 
 
-- Krishanthi Coomaraswamy - an appeal by six security 
force personnel on their conviction of raping and 
killing Coomaraswamy; 
 
-- Bindunuwewa massacre - ongoing trial of 41 civilians 
and 10 security force personnel accused of killing 23 
Tamils in a rehabilitation camp; 
 
-- Mailanthanai - acquittal of security force personnel 
accused of killing 32 people; 
 
End Summary. 
 
Kandy election day killings 
--------------------------- 
2. (SBU) Anuruddha Ratwatte, the former Defense Minister 
and a relative of President Kumaratunga, had his bail 
revoked on January 21.  Ratwatte's two sons and thirteen 
other defendants, including security force personnel, 
have been accused of murdering ten Muslim campaign 
workers on election day December 5, 2001, allegedly 
under the direction of Ratwatte.  The trial-at-bar 
hearing was taking place during the afternoon of 
January 27.  (Note:  A trial-at-bar replaces a jury with 
three high court judges with the intended effect of 
speeding up the trial process and limiting the 
possibility of harassing witnesses.) 
 
Krishanthi Coomaraswamy 
----------------------- 
3. (SBU) In 1999, six security force personnel were 
convicted for and sentenced to death for the rape and 
murder of Tamil student Krishanthi Coomaraswamy.  This 
case garnered widespread publicity in Sri Lanka because 
of the rarity, at the time, of the GSL prosecuting cases 
against its security forces.  It is still one of a few 
cases resulting in the conviction of security force 
personnel.  In addition, the case gained notoriety when 
two of the defendants claimed to have knowledge of mass 
burial sites in the Chemmani area (the Chemmani case is 
reviewed in Reftels).  On January 7, the Sri Lankan 
Supreme Court agreed to hear the appeal on this case.  A 
date for the hearing has not yet been set. 
 
Bindunuwewa massacre 
-------------------- 
4. (SBU) In October 2000, 27 Tamils held at the 
Bindunuwewa rehabilitation camp for former child 
soldiers were killed while police allegedly looked on. 
In May 2001, a court case against 51 suspects began with 
the reading of 83 charges.  During the most recent 
hearing, January 21, the Colombo High Court acquitted 23 
of the accused, stating there was a lack of evidence to 
hold them.  Three students from a local teacher training 
college, one police officer and nineteen villagers were 
acquitted. 
 
Mailanthanai 
------------ 
5. (SBU) In 1994, a case began against 21 security force 
personnel accused of murdering 35 Tamil civilians in 
Mailanthanai, in eastern Sri Lanka.  The trial came to 
an end with an acquittal of the security force personnel 
on November 25, 2002.  The attorneys for the aggrieved 
parties recently met with the Attorney General asking 
that the case be reopened.  Some of the attorneys allege 
that the Sinhala jury ignored evidence in acquitting the 
security forces.  The case remains closed. 
 
Comment 
------- 
6. (SBU) The GSL continues to press forward on numerous 
human rights cases, including those reviewed above. 
Despite the efforts of the Attorney General's office to 
see progress in the cases it is pursuing, it continues 
to have to grapple with a slow and somewhat erratic 
judicial system.  In the end, however, the cases are 
moving through the court system and decisions will 
eventually be reached.  End comment. 
 
AMSELEM