Siva Parameswaran
Sri Lanka’s top statutory rights watchdog has admitted its failure to release the findings of a probe into the state perpetuated riots against Muslims in the Ceylon Tea producing highlands six years ago.
The damning exposure was made by two Tamil journalists – both from the hill country – in their debut documentary “Six Years Since Digana Anti-Muslim Riots: Whither Justice?” showing the brutality of the concerted assault detailed by victims.
Now, the Human Rights Commission of Sri Lanka (HRCSL) has admitted it is yet to release the findings of the investigation report on the rioting, following the leader of Sri Lanka’s largest Muslim party pledging to raise the issue in parliament after attending the screening in Colombo to mark the International Day in Support of Victims of Torture.
The documentary by ParthipanShanmuganathan and SelvamaniSritharan has become the talk of the town after it uncovered credible evidence of state complicity in the atrocity.
Victims accused the state security forces directly of torturing them on camera in the documentary.
Shocking information was brought out by those affected about the gross injustice done to the Muslims when the current President RanilWickremesinghe was the Prime Minister at the time of the riots.
The violence in Kandy “appeared to be systematic anddd organized” RanilWickremesinghe said in the wake of the riots when he was the PM and pledged to “take stern action”.
The documentary exposes the planned atrocities from the 4th of March 2018 by the state security forces in Digana and Theldeniya in the suburbs of Buddhist holy city of Kandy. Hundreds of Muslims lost their properties and livelihoods. Many houses and business outlets were burnt which dealt a crippling blow to the already marginalized and vulnerable people, apart from a young Muslim being killed.
‘Continued intentional and organized hate crimes were perpetuated by the state’ the documentary reveals.
The trilingual short documentary brings out the horrific testimonies of the relatives of the young man who was killed and those handicapped for life. The testimonies speak of the unspeakable atrocities perpetuated and the anguish that continues to be faced by the affected. The after-effects of the riots- physical and emotional still exist very much according to those who shared their nightmare.
Evidence presented in the documentary was so compelling it forced the HRCSL to come out with a statement while it remained tightlipped for six years.
HRCSL completed gathering evidence from those affected by the riots and the wave of atrocities, which began on the 4th night of March 2018, during the period May 9-12 of the same year.
The inquiries were held in Kandy under DrDeepikaUdagama then Chairman of the HRCSL. She has gone on record saying her findings would be made public in July the same year.
However, even after six years, the findings have not been made public by the HRCSL. But in a reply to the BBC, the state human rights body has said its findings would be published shortly.
Documentary producer ShanmuganathanParthiban questions the rationale behind the silence of the HRCSL until the film was screened on the 27th of June this year, while he sought a reply in writing on the 18th of July 2023.
HRCSL has now acknowledged its role in denying truth and justice to victims of an anti-Muslim riot that rocked the Ceylon Tea-producing highlands six years ago.
While the Sri Lanka rights body did not respond to emails by the local based independent Tamil journalists, it had been quick to reply when the BBC sought it.
Kandy district Parliamentarian and leader of the Sri Lanka Muslim Congress (SLMC), Rauf Hakeem present at the screening says he will raise the issue in the parliament. He was visibly shocked at the evidence. Speaking at a discussion after the screening in Colombo Rauf Hakeem was critical of the HRCSL.
“Until people without political influence are appointed to Sri Lanka’s independent bodies it would be difficult to render justice”.
Also participating in the discussion after the screening, international award winning disappearance victim rights activist SandyaEkneligoda said international intervention is a must to get justice for crimes perpetuated by the state. Her husband-senior journalist and cartoonist-PrageethEkneligoda was abducted from the Colombo suburbs on January 24th, 2010, and remains untraced. Sandhya has been continuously fighting courageously to find the truth about her husband.
“There is no other way for those affected except to seek international intervention to know the truth”.
Father Gerard Jayawardane of the ‘Kithusara’ organization appealed to the Tamil, Muslim, and Sinhala people to jointly fight for justice rather than individually fighting for it. He emphasized this after seeing the documentary.
The then government ministers were accused by the eyewitnesses who spoke in the documentary of not taking timely and appropriate action to stop the violence against the Muslims and backing the state security forces who supported armed Sinhala thugs.
A video clip in the documentary shows Special Task Force (STF) members assaulting Muslim clerics. It had been recorded at 4:59 PM on the 5th of March at the DiganaHijirapuraJummaMosque, according to the independent media organization Journalists for Democracy in Sri Lanka (JDS).
Inaction on the part of the government regarding the state security forces who perpetrated the attacks against Muslims has also drawn the attention of the UN.
The chairman of the HRCSL has gone on record their investigations for three days in Kandy focused ‘only on the role played of the state officials’. However, the said investigation report by the HRCSL has not been made public, thereby keeping the public in the dark about the contents.
HRCSL-an affiliate of the UN Human Rights Council was downgraded by the Global Alliance of National Human Rights Institutions (GANHRI) in 2021 only to be upgraded again after six years and two months since the state-sponsored riots against the Muslims.
While the riots against the upcountry Muslims are being spoken publicly on political platforms, nothing has come into the public domain about what happened into the investigation and what the senior officers of the elite STF had told them.
Geneva report
A hard-hitting report on Sri Lanka about freedom of religion or belief submitted at the 43rd session of the UN Human Rights Council by Dr. Ahmed Shaheed said, apart from one being killed, more than 400 properties, mosques, and vehicles were destroyed during the three days of riots.
The report also said while many officials were arrested, politicians were later released. Adding insult to injury, the senior police officer who was in charge of the Central Province during the riots against the upcountry Muslims, was promoted and nominated to a higher post in 2020.
The most senior officer in charge of law and order in Kandy district, when the violence against the Muslims in Digana unleashed, was appointed as ombudsman to “look into the public complaints and conduct inquiries and offer a fast track solution”.
In a statement on the ombudsmen’s appointment in 2020, the President’s secretariat said, “the purpose of establishing this Ombudsman’s office is to find out if the government officials have exceeded their powers or acted in an extra-judicial manner and to look into if the public faced any misery or difficulties and suggest remedies”.
A Buddhist monk involved in the riots and the wife of an accused – Amit Weerasinghe who was on bail on violence-related charges – alleged that they were invited to Digana by the Deputy Inspector General of Police S.M Wickremesinghe. This hasn’t been denied so far.
“It was the Kandy DIG who asked Amit Weerasinghe to come here at this time and got him trapped in this,” his wife JayanganiSithumKumari told the media in 2018. Buddhist monk AmpitiyeSumanaratnaThero who was there when the riots started had confirmed it was the Senior DIG S.M. Wickremesinghe who brought the persons involved in the riots.
Facebook ‘apology’
In 2020 Facebook tendered an apology for the usage of its platform to spread hate against the Muslims in Sri Lanka.
The apology from Facebook came after an internal investigation which found usage of its platform for spreading hate could also be a reason for the riots which shattered the Muslims in Sri Lanka and promoted hatred against them.
The posts on the social media platform about the violence in Digana and Theldeniya in 2018 instigated hatred against the Muslims. Following this the government clamped emergency regulations and temporarily halted access to Facebook.
An inquiry regarding the riots and the violence said the posts on Facebook might have led to the violence against the Muslims. A statement released by Facebook on the 12th of May 2020 said “We deplore the misuse of our platform”.
Their statement further added, “We recognize, and apologize for, the very real human rights impacts that resulted.”
Lip service at last
After the journalist duo’s documentary exposed state complicity in the riots, violence, and loss of property and lives, HRSCL Commissioner Dr. GehanGunatilake now says their report is being finalized and they expect it to be published in the next five months.
“The Commission has decided to publish the report. We expect to publish the report this year after discussions with former commissioners and discussions about their recommendations. Definitely, the victims will have the benefit regarding truth with the release of the report”.
Former head of the HRCSL Dr. DeepikaUdagama who investigated the aftermath of the riots admitted the failure to publish the report is an obstacle to justice.
“We could have given this to external advisers. But, we didn’t do that due to its sensitive nature. Amid these issues, this was written and edited once or twice. But, it had several information that had to be presented accurately. In addition, the 2019 bomb blasts happened when the final conclusions and recommendations were being written. Our total focus went there. Another thing is that we can’t release such a report in two or three weeks, because every commissioner has to be consulted.”
HRCSL Commissioner Gazali Hussain, Director of Investigation and intelligence NihalChandrasiri, Attorney A.W.M. Ahmed, Kandy coordinator KumudiniVithanage, and Legal Officer PratheepaWeerawickrema assisted the Chairman in the 2018 investigation.
