– Dhanushka Silva
Sri Lanka has a longstanding and tragic history of enforced disappearances, with tens of thousands of people reported missing since the 1980s. The cases of enforced disappearances increased during the three-decades long civil war and the second JVP insurrection in 1988-89 period, and continued to exist even in the post-war period.
According to the United Nations, by 1999, Sri Lanka had the second-highest number of disappearances globally, with over 12,000 individuals reported missing after being detained by security forces. Amnesty International estimated in 2017 that the total number of disappeared persons could be between 60,000 and 100,000, highlighting the gravity of the issue.
Multiple commissions have documented thousands of cases where people were forcibly taken by armed men and vanished without a trace, leaving families in agony of uncertainty. Disturbingly, these disappearances continue to be reported across the country, underscoring the ongoing human rights challenges in Sri Lanka.
In order to give credible legal answers to the cases of enforced disappearance , then Yahapalana government passed the International Convention for the Protection of All Persons from Enforced Disappearance Act, No. 5 of 2018. The Act passed by the Parliament of Sri Lanka on 7 March 2018 gives effect to the International Convention for the Protection of All Persons from Enforced Disappearances.
This writer filed a Right to Information (RTI) application aiming at seeking the information with regard to case of the enforced disappearance of Mr. Gonapinuwala Kapila Kumara De Silva as well as the subsequent violations of his and his family’s rights.
Death Dealing Story of Kapila Kumara De Silva
Mr.De Silva was arrested by the Special Task Force (STF) of the police on 27 March 2024. This incident took place in Horowpathana, located in the Anuradhapura District of the North Central Province. In the evening of his disappearance, Mr. De Silva had gone out to buy a loaf of bread, riding his motorcycle, which has the registration number BFW 2096. At the time of his abduction, he was dressed in a sarong and a t-shirt. Despite multiple attempts to ascertain his whereabouts, his family received no information regarding his fate or the identity of those who had taken him. This period of uncertainty and fear continued until 20 April 2024, when Mr. De Silva was unexpectedly found at the Pitigala Police Station in the Galle district, which is in Southern Province.
During the period from 27 March 2024 to 20 April 2024, Mr. De Silva was completely untraceable. His sudden disappearance and the lack of information about his whereabouts or condition constitute a grave violation of the law, specifically Section 3 of the International Convention for the Protection of All Persons from Enforced Disappearances Act No. 5 of 2018. This legislation is designed to protect individuals from being subjected to enforced disappearances, ensuring their right to be free from such unlawful actions.
Seeking legal intervention from the Attorney General
On 18 June 2024, given the serious nature of this offence and the substantial evidence presented, on behalf of Mr. De Silva, the writer, with few other interested individuals handed over a dossier to the Attorney General (AG) by which we urge them to exercise the authority vested in the AG to address this matter urgently. This was done on the basis that the onus falls squarely on the AG to initiate action against the perpetrators under this Act. Accordingly, the AG’s pivotal role in enforcing the law serves as a barricade against impunity and ensures that justice is meted out impartially and comprehensively.
Important RTI Findings
Despite numerous legal and civic interventions aimed at addressing enforced disappearances in Sri Lanka, a recent Right to Information (RTI) application filed on 17 August 2024, has revealed a glaring lack of action by the Attorney General’s (AG) Department. The inquiry specifically sought information on legal action against those responsible for the enforced disappearance of Kapila Kumara De Silva; however, it was disclosed that no case file has been opened, nor any investigation initiated on this case. More strikingly, the RTI findings disclosed that, as of six years after the enactment of the International Convention for the Protection of All Persons from Enforced Disappearance Act, No. 5 of 2018, not a single case has been filed under this law. This absence of prosecutions or suspects identified under the act starkly illustrates the failure to operationalise this legislation, leaving families of the disappeared without justice and accountability, and raising critical questions about Sri Lanka’s commitment to addressing this issue.
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