Untitled - International Commission of Jurists

accused even though the relevant documents in this respect were expeditiously sent by
the court to the Attorney General. Indictment was served on the accused only on 3
June, 2002 on 120 charges including murder, attempted murder and unlawful
assembly. Trial commenced in the High Court of Trincomalee. 186 The matter remains
pending. 187
4.3.2. The Thambalagamam Case
In another alleged reprisal killing, several police and home guards killed eight Tamil
civilians on 1 February, 1998 to avenge the LTTE bombing a week earlier of the
Temple of the Tooth, a sacred place of worship for Buddhists. The alleged
perpetrators had acquired a reputation in the area for abducting and killing people and
reporting such killings as that of LTTE cadres to qualify for promotions. 188 Fifteen
suspects were arrested but released on bail thereafter. This trial too is pending. 189
4.3.3. The Mylanthanai Case
This is one rare case of investigations into a reprisal killing resulting in a full-length
prosecution, which however culminated in the acquittal of all the accused. On 9
August, 1992, 18 Sinhalese soldiers attached to the Poonani army camp in Batticoloa
were charged with the killing of 35 unarmed Tamil civilians in the village of
Mylanthani. The killings were believed to be in retaliation for the assassination of
senior army officer Denzil Kobbekaduwa at Arali Point in Jaffna.
On 25 November, 2002, ten years after the incident, the accused soldiers were
acquitted following a jury trial. General patterns prevalent in such cases were present
here as well. The case was transferred from the Batticoloa High Court, near where the
incident occurred and the witnesses lived, to the High Court in Polonnaruwa in the
largely majority-dominated North-Central Province. This was on the request of the
counsel for the accused, who contended that conducting the trial in Batticoloa would
jeopardize the security of the accused. Though this motion was heeded, the security of
the witnesses was ignored. They were compelled to travel to Polonnaruwa, passing
security barriers, a cause of great fear. 190 Even worse, the matter was later transferred
yet again to the Colombo High Court. This trip was impossible for many witnesses,
who were already displaced.
The implications of the acquittal in the Mylanthanai Case is analysed in detail
immediately below. The analysis is important as it illustrates the role that jury trials
play in such prosecutions and highlights the Attorney General’s refusal to appeal
against the acquittal despite requests by lawyers appearing for the victims.
4.4. The Chemmani Case
186 Interviews with lawyers associated with the case, 10.06.2008.
187 ibid. One significant reason for the delay was the fact that all material evidence including weapons
allegedly used in the massacre, were apparently destroyed in a fire that had occurred at the Government
Analyst’s Office in Colombo in 2005.
188 Interview with attorneys-at-law monitoring the case, 09.06.2009.
189 ibid.
190 Centre for Human Rights and Development, ‘CHRD in 2002; CHRD provides legal assistance to
those without help,’ Sentinel Special Issue, Colombo, 2002, at p. 9.
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