14 March 2007 - ACF asks for a ballistics examination conducted by Sri Lankan experts and Australian observers

Last Wednesday on 7th of March, a hearing was held at the Magistrate Court of Kantale (East of Sri Lanka) regarding the unprecedented massacre of 17 Action Against Hunger (ACF) aid workers. The magistrate pronounced his verdict following the first inquiry: that there was no leads to those responsible for the murders identified for the moment; that there was the need for the involvement of Australian observers for a ballistics examination and that there were concerns regarding some of the flaws during the inquiry.

Judge's verdict after 7 months of inquiry

An inquiry was launched on August 22, following the massacre of 17 ACF aid workers on 4th August. During the investigation, 11 corpses of the ACF team were exhumed and a second post-mortem examination was conducted at the end of October by Sri Lankan experts in the presence of an Australian observer*. Some items relevant to the enquiry were found during this second autopsy. According to an arrangement signed between the governments of Sri Lanka and Australia, Sri Lankan experts should have conducted a ballistics examination following this autopsy in the presence of Australian observers. However, despite the order of the Magistrate of Kantale and an ACF request regarding the presence of international observers, the ballistic examination was carried out without any Australian observers.

During the hearing held on 7th March, the magistrate has taken into consideration this issue, and even though the ballistic reports have been accepted by the court, he has recommended that another ballistic examination should be conducted in the presence of Australian observers: "Accordingly I direct that steps be taken to commence investigations immediately as directed before. I further direct that if the memorandum of understanding between the Australian Government and the Government of Sri Lanka on the technical issues relating to the investigation of the incidents concerned, is still in force, the provisions of such memorandum to be complied with."(abstract of the verdict).

The Magistrate decided to maintain hearings, which is legal but unusual, due to this procedural issue and others flaws, in order to follow the development of the investigation process now led by the Criminal Investigation Department (CID). "The court takes into consideration the statement by the Counsel appearing for the families of the victims to the effect that the conduct of the investigations into these incidents are not in a satisfactory level." (abstract of the verdict). The next hearing will be held on 25th of April.

The verdict of the magistrate also described the death of the 17 ACF aid workers: they were all killed by shots to the head, early in the morning of 4th August at Muttur. Death certificates can now be issued to the families of the victims following the verdict, who can also apply for legal compensation from the government, more than 7 months after the killing (noting that ACF has already compensated the families of the victims).

Finally, the Magistrate expressed his concern regarding the absence of witnesses: "I take note of the fact brought to my notice of the prevailing climate of insecurity in the region which inhibits witnesses coming forward to give evidence."

No leads to those responsible

ACF salutes the work done by the Magistrates ** during the past months and welcomes the decision taken by the current Magistrate to continue the hearings to follow the inquiry lead by the CID. ACF expresses strong concerns that the CID did not always follow the orders given by the judge and hopes for a closer adherence to the Court requests in the future to allow for an open and proper proceedings.

Specifically, ACF urges the Sri Lankan authorities, the CID and Australian observers to conduct a ballistic examination as rapidly as possible, as ordered by the Magistrate on December 6th, 2006. This ballistic examination is crucial to find a credible lead to those responsible for the massacre of our 17 colleagues at Muttur. In addition, no direct testimony was heard by the Court concerning the killings, because of the lack of any legal mechanism in Sri Lanka to protect witnesses. As the Presidential Commission of Inquiry is specifically studying this issue, ACF strongly hopes that concrete measures are going to be introduced to remedy this situation.

All evidence must be investigated and made available to the Court in a legal and secure manner in order to identify the culprits. ACF complies with the Sri Lankan Law process and hopes that the CID will also follow legal procedures or Court orders during its investigation. ACF is still strongly committed to discover the truth, 7 months after the unprecedented massacre of the 17 ACF aid workers.

*A first post-mortem examination was conducted on 8th August just after the killings, but in basic working conditions.

**Magistrate of Muttur and then Magistrate of Anuradhapura who sits in Kantale.

-ENDS-

For more information, please contact Lucile Grosjean (Colombo): +94 773 20 65 23 / com@sr.missions-acf.org