Chemmani Excavations to Resume on August 22: Sumanthiran Updates Court

16-Aug-2025

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President’s Counsel M.A. Sumanthiran stated that the areas where excavation work was previously carried out at the Chemmani mass grave site will be cleaned on the 20th and that excavation work will resume on the 22nd, as directed by the Magistrate.

The case related to the Chemmani mass grave was taken up at the Jaffna Magistrate’s Court on August 14. After the hearing, Sumanthiran briefed the media on the matters discussed in court.

He said, “The Chemmani mass grave case was brought before the court. The Criminal Investigation Department (CID) and the Judicial Medical Officer (JMO) professor each submitted a report”.

In the professor’s report, it was stated that after using the scanner, it was clear that at least eight more weeks would be required for further excavations.

The Magistrate has ordered that arrangements be made accordingly.

The Jaffna Bar Association had obtained permission to observe the work on site. I visited the site twice. Based on those visits, I brought some matters to the attention of the court.

First, this excavation is being conducted as part of a death inquest. There is no provision in criminal procedure for such work outside of an inquest. If a body is found anywhere, it automatically becomes a death inquest. The Magistrate is conducting such an inquest.

The main purpose of any inquest is to identify the body. This raises the question of how identification will be done.

The JMO also brought another matter to the court’s attention — that false news was being spread in the media claiming those working here lacked expertise. The court instructed him to submit such complaints in writing.

I first pointed out that while there may be excavation expertise, there is no expertise in identification in this country. Evidence from Mannar and Matale shows that remains were first sent abroad. In 1999, 15 skeletons found in Chemmani were first sent to Hyderabad University, which then returned them, saying they lacked expertise. They were then sent to Glasgow University, and are now at the University of Lancashire.

The excavation in 1999 was conducted based on statements made by Somaratna Rajapakse, a death row prisoner. But only 15 skeletons were found then, though he said there were between 300 and 400 bodies. 

Now, 147 skeletons have already been found in an area very close to where he indicated — confirming what he said 26 years ago.

Case P/2899 began in Jaffna Magistrate’s Court, leading to the arrest of several military personnel, some of whom were remanded and later released. The case was later transferred to Anuradhapura for their safety and is now in Colombo Chief Magistrate’s Court.

I requested that if it is determined that this case is linked to the current excavations, it should be transferred back to this court. The Magistrate has said he will first examine the link before taking such action.

In 1999, during the same period these burials allegedly took place, over 300 disappearance complaints from areas near Chemmani were investigated by a four-member commission led by Dr. Devanesan Nesiah. 

Their 210-page report stated that in over 200 cases, the military was responsible, with details of personnel and camps involved.

I submitted this report to court and noted that those responsible might flee the country now that remains are being discovered. I requested preventive orders, but the court did not issue them, instead instructing the CID to investigate and report.

The CID has already begun investigations in parallel with the inquest, at the request of the IGP. However, we complained that witnesses were being intimidated when summoned to give statements. The Magistrate has ordered that statements be recorded openly at the site itself.

I also requested that the CID be removed from this investigation and that if evidence is sent abroad, those conducting the analysis should come here first to observe the chain of custody.

The JMO informed the court that a DNA lab is being set up at the University of Jaffna and will be operational soon. I noted that the first tests should not be conducted there, as an experienced lab abroad should handle them.

The decision will be made later, but arrangements and funding for the eight-week work have been ordered now. The Magistrate has said the site will be cleaned on the 20th and excavation will resume on the 22nd.”