In more good human rights news, cause celebre

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
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