Sri Lanka must compensate Easter attacks victims, and set up independent inquiry - UN

COLOMBO (News 1st) - The Office of the United Nations High Commissioner for Human Rights (OHCHR) said that Sri Lanka must fully compensate victims of the Easter Sunday 2019 terrorist attacks.

Sri Lanka's Supreme Court on Thursday (12) found Former President Maithripala Sirisena, his Defence Secretary, the Police Chief during his time, as well as the then Chief of National Intelligence, and Director of State Intelligence guilty of violating fundamental rights.

11 Fundamental Rights petitions were filed with the Supreme Court, claiming that the Sri Lankan administration failed to prevent the 2019 Easter Sunday Attacks, despite having information about an imminent attack.

More than 270 people were killed in the series of explosions at churches and hotels across the island nation. 

The Office of the United Nations High Commissioner for Human Rights urged Sri Lanka to provide full reparations to the victims, including to establish the truth and to ensure justice. 

“Whilst no amount of compensation can ever erase the suffering and pain of the victims and families, this judgment marks a step in the victims’ struggle for recognition of the harm suffered and their rights to truth, justice and reparation,” said Spokesperson Jeremy Laurence, according to the Office of the United Nations High Commissioner for Human Rights.

“In its judgment, the Court expressed ‘shock and dismay’ at the lack of ‘oversight and inaction’ by the security and intelligence officials – ruling that the former President and his top security officials had failed to prevent the attacks, despite detailed intelligence suggesting such attacks were imminent,” said Laurence. 

The UN human rights office called on the Sri Lankan Government to ensure that victims receive adequate compensation and that they and their representatives are fully consulted in the disbursement of the funds. 

Laurence also reiterated OHCHR’s recommendations to the authorities, who are urged to release the complete findings of previous inquiries into the Easter Sunday bombings. 

The Government also should establish a follow-up independent investigation, with international assistance and the full participation of victims and their representatives, and to hold all those responsible to account, he added. 

Summary of the orders made by the Supreme Court are as follows: 

1) A Victim Fund must be established at the Office for Reparation, which must formulate a scheme to award the sums ordered as compensation in a fair and equitable manner to the victims and families.

2) The former President, Mathripala Sirisena is ordered to pay a sum of Rs 100 million as compensation.

3) The former IGP Pujith Jayasundera and the former Director, SIS Nilantha Jayawardena are directed to pay Rs 75 million each as compensation.

4) The former Secretary, Defence Hemasiri Fernando is ordered to pay Rs 50 million as compensation.

5) The former CNI Sisira Mendis is directed to pay Rs 10 million as compensation.

6) The State is ordered to pay Rs 1 million as compensation. 

The State and the individual respondents named above must make their payment of compensation to the victim fund maintained at the Office for Reparation. Respondents are directed to pay the aforesaid sums out of their personal funds.

 7) The Office for Reparation must also investigate the alleged underpayment and nonpayment with regard to the cabinet decision taken to compensate the victims.

 8) We also direct the Office for Reparations to invite any generous benefactors and donors to contribute towards the Victim Fund, by way of notifications in the media.

 9) A progress report on the scheme of payment and the details about payments made by the above respondents and any benefactors must be made available to this Court within 6 months from today.

10) The Attorney General is directed to coordinate and liaise with the Office for Reparation in giving effect to this order.

11) In view of the observations we have already made as regards the conduct of Director, SIS, we direct that the State take appropriate disciplinary action forthwith against the former Director, SIS Nilantha Jayawardena for his aforesaid lapses and failures.