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X. Impunity for <strong>Rights</strong> Violations<br />
Since the beginning of Sri Lanka’s civil war more than two decades ago, successive<br />
governments have consistently failed <strong>to</strong> adequately investigate or prosecute those in<br />
the security forces responsible for serious violations of human rights and<br />
international humanitarian law. In cases of enforced disappearances, <strong>to</strong>rture,<br />
indiscriminate attacks, and targeted killings, successive Sri Lankan governments<br />
have consistently failed <strong>to</strong> hold accountable members of the police or military who<br />
commit serious crimes. 232<br />
Some observers seeking <strong>to</strong> explain this culture of impunity point <strong>to</strong> weaknesses in<br />
the criminal justice system, which has proved unable <strong>to</strong> deliver justice for victims of<br />
common crimes, let alone victims of serious crimes involving the military or police.<br />
Sri Lankan lawyers report long delays in hearings, threats <strong>to</strong> witnesses and family<br />
members, and government officials working on behalf of the accused.<br />
These structural obstacles seriously hinder the judicial process. But they are not as<br />
significant as the government’s lack of political will <strong>to</strong> prosecute soldiers, police,<br />
and other government officials and agents implicated in wrongdoing. Even when<br />
there is overwhelming evidence of government forces responsibility for abuse,<br />
successive governments have rarely conducted an investigation resulting in a<br />
successful prosecution.<br />
Then Foreign Minister Mangala Samaraweera highlighted the problem of impunity in<br />
the December 2006 letter he sent <strong>to</strong> President Rajapaksa: “Even when investigations<br />
are being carried out, the process of perpetra<strong>to</strong>rs being brought <strong>to</strong> justice is<br />
extremely slow,” he wrote. “As a result, there is a perception that authorities are<br />
turning a blind eye <strong>to</strong> these matters. As such, the impression of a culture of impunity<br />
gains further credence.” 233<br />
232 See Law & Society Trust, Sri Lanka, “State of <strong>Human</strong> <strong>Rights</strong> 1999.”<br />
233 The Sunday Times Online, vol. 41-no. 39, February 25, 2007, http://sundaytimes.lk/070225/News/102news.html<br />
(accessed July 2, 2007).<br />
105<br />
<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> August 2007