Someone asked me; Do you think Evidence collection should be handled under international supervision in the Chemmani mass grave exhumation?
My answer was; Yes, the exhumation of a mass grave in Chemmani has shocked the conscience of those who care about human rights and the plight of innocent Tamil people during the war.
In July, 1998, Lance Corporal Somaratne Rajapaksa was tried and sentenced for his involvement in the rape and murder of Tamil schoolgirl Krishanthi Kumaraswamy, together with the murders of four others who came to find her. During his trial, Rajapaksa revealed his involvement in the burials of approximately four hundred victims in a mass grave near Chemmani.
During the 6th day of the second phase of the Chemmani mass grave exhumation, which took place on Sunday, several more skeletons, including those of children, were discovered. One was clearly buried with a distinctive blue schoolbag, of the kind distributed by UNICEF and a doll.
Thus far, 33 skeletons have been found in the excavation. However, all of these have been taken and kept under the custody of the Government Judicial Medical Officer. Due to this, human rights activists have expressed concerns about the possibility of evidence tampering and destruction of these skeletons. Thus, it is crucial to pay immediate attention to the chain of custody because clear documentation of who handled the remains from excavation to the laboratory is essential. Otherwise, the forensic results will be legally weakened.
The International community must insist that the Government of Sri Lanka take steps to preserve the skeletons excavated under international supervision. Independent forensic teams or international experts, not the Sri Lankan government should handle evidence collection and analysis.
As per the UN Resolution 46/1, adopted in 2021, the international community has the mandate to collect, consolidate, analyse, and preserve information and evidence related to alleged human rights violations and crimes in Sri Lanka. It is time for the UN to follow through on the mandate it holds.
Since, Rajapaksa’s testimony in 1998, which was reported by many news outlets and human rights NGOs, the World has known that a mass grave exists at Chemmani. Yet, only now is it being excavated. And even now, the evidence risks being destroyed.
Thanks in part to the UN’s inaction, the victims have gone without justice until now. Today, the UN Office in Sri Lanka must ensure that all evidence collected from the grave site is properly collected, consolidated, analysed, and preserved within the mandate of Resolution 46/1.
As a co-sponsor of UN Human Rights Council Resolution 46/1 and a country with a historic responsibility to justice and reconciliation in Sri Lanka, the United Kingdom must take the lead on this issue.
An international investigation must now be opened to ensure that the perpetrators of the Chemmani massacre, and others like it, are identified, tried, and brought to justice. This is also the responsibility for the international community, as embodied in the UN Office in Sri Lanka.
The Tamil people should not be silent. They should not rest until every avenue for justice has been fulfilled.
*Justice C.V.Wigneswaran, Retired Judge of the Supreme Court, Ex Member of Parliament,Former Chief Minister of Northern Province and Secretary General, Thamizh Makkal Kootani