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| Courtesy: ST |
By S. Rubatheesan
Approval will be sought to continue the second phase of excavation at the Chemmani mass grave site when the case is taken up tomorrow before the Jaffna Magistrate, amid calls for greater transparency and credibility in the investigation.
When the case was taken up on Friday to fix the date to resume the activities, Magistrate A. A. Aanatharajah ordered that the matter be taken up on Monday, August 25.
Earlier, the magistrate’s court had granted approval for 45 days under the second stage of excavation, and so far 32 days have been completed.
The Ministry of Justice and National Integration provides financial assistance for the excavation work, while the Office of Missing Persons (OMP) ensures the smooth running of the activities with its own observers and resources.
So far, 147 human skeletons have been identified, and about 133 skeletons have been placed in the care of Jaffna University under the direction of the court.
When the case was taken up for hearing last Thursday, the Criminal Investigation Department (CID), under which investigations are being carried out, and archaeologist Prof. Raj Somadeva, who is involved in the excavation work, submitted their reports to the courts.
The court was told that most of the bodies—over ninety per cent—had been buried without clothes.
Appearing as an observer on behalf of the Jaffna Bar, President’s Counsel M.A. Sumanthiran urged the court to consider seeking assistance from international DNA experts to identify the victims.
He pointed out that during the 1999 excavations, fifteen skeletons were sent to a laboratory in Hyderabad, India, for DNA testing, but later they were brought back for want of facilities. He said that, thereafter, they were sent to Glasgow University in the UK, and at present the skeletons are in the care of the University of Lancaster, UK.
Mr. Sumanthiran also brought to the attention of the Court that 1999 excavations were carried out based on the testimony given by Army soldier Somarathne Rajapaksa, who was eventually sentenced to death. He had claimed that at least 300 to 400 bodies had been buried in the Chemmani mass grave.
The senior lawyer and Ilankai Tamil Arasu Katchi stalwart also told the court that the 1999 Chemmani mass grave case (No. 2889) was still open at the Colombo Fort Magistrate’s Court after being transferred from the Jaffna Magistrate’s Court. Initially several soldiers were arrested, but later some were released, and at least five were granted bail.
Mr. Sumanthiran urged the judge to take steps to get the 1999 case (B-2899) transferred to the Jaffna Magistrate’s Courts, considering its link and relevance to the ongoing case.
He also submitted a 210-page report compiled by the Human Rights Commission in 2003, detailing the enforced disappearances in Navatkuli, Ariyalai, Chavakachcheri and Jaffna between 1996 and 1999, following over 300 complaints, 200 of which accused the military of being involved in the disappearances.
Citing a report that gave details of soldiers and commanders who served in those respective camps during the period the enforced disappearances had occurred, Mr. Sumanthiran warned that the named soldiers and officers could leave the country to avoid justice.
He pleaded with the court to impose a travel ban on them.
Appearing together with lawyers V. Manivannan and K. Kuruparan, Mr. Sumanthiran expressed his reservations over the CID’s involvement in the excavation activities, arguing that the excavation process had to be considered as preliminary investigations into the crime.
The lawyers also claimed that CID personnel had intimidated the relatives of the victims when they turned up to identify the remains at the excavation site on August 5.
Mr. Sumanthiran said the removal of the CID from the mass grave site investigations would ensure that the probe was being carried out fairly, while it would also enable the relatives of the disappeared persons to give statements without any difficulties or fear of being harassed. (Courtesy- The Sunday Times)
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