Pursuing Justice for the Easter Sunday Attacks

Photo courtesy of Religion Unplugged

The trial has begun in the case presently termed as the main case into the 2019 Easter Sunday attacks at a High Court Trial at Bar in Colombo. Several victims testified to the attack and about loss of lives and injuries. This is a good time to reflect on court cases and related matters in relation to seeking justice for 2019 Easter Sunday bombings just under seven years after the attacks.

The targets included two Catholic churches in the Archdiocese of Colombo, Zion church in Eastern province and three high end hotels in Colombo. This is the biggest post war massacre in Sri Lanka, with around 270 to 315 people killed with the exact number still not clarified. Those killed included children and about 40 foreigners.

The attacks were by Islamic militants and the aftermath of the attacks saw at least one Muslim man being killed and many Muslim shops and houses being destroyed and damaged. Many Muslims were detained unjustly for months and years after the attacks, including women with children. Among the cases that drew national and international attention was of young Muslim poet and teacher Ahnaf Jazeem, whose poetry had stinging critiques of Muslims responsible for the attacks and moving expressions of solidarity with survivors and victims’ families. Another was of Muslim lawyer and activist Hejaaz Hizbullah, who had also publicly condemned the Easter attacks. Asylum seekers and refugees  from countries such as Pakistan and Afghanistan who camehere seeking temporary refuge due to persecutions in their countries were perceived as Muslims and evicted, re-displaced and became homeless days after attacks. Justice for the Easter attacks must also include justice for them and other forgotten and often ignored victims of the Easter attacks.

A Parliamentary Select Committee was appointed a month after the bombings and presented its report in October 2019. A Presidential Commission of Inquiry was appointed and interim reports were handed over to President Gotabaya Rajapaksa in December 2019 and March 2020 and a final report in February 2021. Most of the recommendations made to these two bodies have yet to be implemented. For example Deshabandu Tennakoon, a Deputy Inspector General of Police at that time, was found to have been negligent in preventing the attacks by a Presidential Commission of Inquiry but instead of holding him accountable, he was later appointed as the police chief, although he was eventually removed due to public pressure and a rare legal and legislative process.

The former Attorney General (AG) who initially oversaw investigations told media in May 2021 that there was a grand conspiracy with regard to the Easter attacks. In March 2022, the Catholic Archbishop of Colombo Malcolm Cardinal Ranjith told the UN Human Rights Council in Geneva that the investigations indicate the massacre was part of a grand political plot. Inquiries and investigations so far and court cases have revealed that intelligence chiefs and agents maybe implicated in the attacks. President Rajapaksa announced his candidature for the presidency a few days after the bombings and this too raised suspicions about his and his supporters’ involvement in the attacks.

International involvement 

Due to a lack of progress being made domestically to ensure justice and longstanding problems in ensuring justice for wartime crimes and other serious human rights violations, the Archbishop of Colombo and many others have advocated for international involvement to advance justice for attacks. The UN High Commissioner for Human Rights had called for an independent and transparent investigation with international assistance and successive high commissioners referred to attacks in their reports to the UN Human Rights Council (UNHRC). Last year, the father of a man who was killed while employed at one of the hotels bombed made an oral statement at the UNHRC. Cardinal Ranjith and others have also spoken at the UNHRC. The Centre for Society and Religion (CSR) in Colombo, together with Geneva based Catholic groups have submitted several written statements to the UNHRC.

A case filed in the US against three suspects in relation to the attacks on charges linked to supporting ISIS remains suspended. As far as I know, no other country has initiated criminal prosecutions although it is the largest massacre of foreign nationals in Sri Lanka during or after the war.

What is the form and shape of justice?

Justice for the attacks is much talked about topic. A key element of justice is to ensure nothing like this will happen again to anyone, anywhere. To achieve this uncovering and acknowledging the truth of who is behind the attacks and holding them criminally accountable through a judicial process is important.

I have interacted and worked with survivors and families of victims for nearly seven years and my observation is that many still need medical, emotional, financial and material support, including on matters like housing and education. Their tears, grief and pain indicate their lives are far from being rebuilt although the damaged churches and hotels were quickly rebuilt. Although many have received compensation and other forms of support, the gaps in addressing their needs and non-adherence to legal obligations by successive governments, including the present one, is described in detail in a study and report by CSR in February 2025. There are many civil cases pending before District Courts, which are also related to reparations. While emphasising this aspect is very much part of justice for the Easter attacks and acknowledging the need to pay serious attention to this, this article examines a few significant fundamental rights and criminal cases at the Supreme Court, Court of Appeal, High Courts, Trials at Bar and Magistrate Courts, which are key in establishing truth and ensuring criminal accountability.

Fundamental Rights cases before the Supreme Court case

Twelve Fundamental rights cases filed by concerned citizens led to the Supreme Court holding the president and senior officials responsible for not preventing the attacks and ordering them to pay compensation of Rs. 311 million. The amounts received by each survivor/victim’s family were small compared to previous amounts awarded by the Supreme Court to torture victims but they were politically significant and practical relief for survivors and victims’ families. There was no directive to hold anyone criminally responsible. The court had also ruled to remove then prime minister and subsequent president Ranil Wickremesinghe from the case before the judgement, citing presidential immunity.

Writ Case in the Court of Appeal against former Director of State Intelligence 

The January 2023 Supreme Court judgement recommended disciplinary actions for negligence against Nilantha Jayawardana, the former director of the State Intelligence Services (SIS) but it took about two and half years for him to be removed from the police. There was no response to the April 2022 police complaint by Father Rohan Silva, Director of CSR and May 2022 letter to the police chief demanding his arrest, both of which were before the Supreme Court directive of 2023. This compelled Father Rohan to file a writ application in the court of appeal in 2025 demanding action against Jayawardana and this case is ongoing.

Two criminal cases in Trials at Bar against former Secretary of Defense and former police chief 

In 2021, Hemasiri Fernando, former Secretary to the Ministry of Defense, and Pujith Jayasundara, former Inspector General of Police, were indicted for the failure to prevent the attacks and the neglect of duties, among other things. These cases were taken in two separate Trials at Bar in Colombo and both accused were acquitted by the courts on February 18, 2022, without even calling for evidence from the defense. Although there were around 1,200 witnesses named in each case, less than 10 had had been called to give evidence at the trial. There were 855 charges in each of these cases but the real question was whether there was abetment in terms of Section 102 of the Penal Code. An abettor is defined as one who “intentionally aids, by any act or illegal omission, the doing of that thing”. The position of the bench was that there was no compelling evidence to prove that they could are guilty of omission. The AG appealed this judgement in the Supreme Court and in September 2023 the Supreme Court ordered a re-trial, which hasn’t commenced yet.

Criminal Case at a Trial at Bar against 24 accused 

This is often referred to as the “main criminal case” at present relating to attacks. On January 12, 2022, before a Trial at Bar, indictments containing 23,270 charges, including conspiracy and aiding and abetting the attack were presented against 25 accused. With the demise of one accused while taking treatment at the prison hospital, the case proceeds against 24 accused. Due to various reasons such as a lack of Tamil-speaking lawyers and the unavailability of Tamil translations of the indictments, the trial was delayed and the case was finally taken up for trial on October 10, 2023. In the previous weeks and months, inquiries in relation to confessions of some accused while in detention were conducted to test the voluntariness of confessions. Courts have disallowed at least one confession during detention of one accused. The actual trial commenced on March 19, 2026.

The case was happening three times a week but from November 2025 onwards, it was being called five days a week. In February 2026, counsels representing 22 accused withdrew from the cases due to difficulties they faced to appear on all weekdays from morning until evening. Lawyers for 13 aggrieved parties submitted to the court that they had no objection to the case being taken up on a day to day basis provided that the accused were represented by counsels and a fair trial was guaranteed. The lack of counsel for accused led to some accused having to read relevant laws while being in remand prison and conducting cross examinations of senior police officers. This sudden and amateur legal role by accused who are up against the experienced, knowledgeable and professional lawyers from the AG’s department is likely to affect a fair trial on matters of life and death for the aggrieved as well as the accused. There are other challenges such as lack of toilet facilities (one lawyer said she goes to a nearby mall) and families of accused not being allowed to the premises. I was also not allowed to observe the trials by the police at the gate who claimed it was on orders of judges without showing any such order.

Magistrate Court case against former director of State Intelligence and Military Intelligence

Following a complaint by Fr Rohan Silva about the lack of a thorough investigation into a documentary aired by England’s Channel 4 television channel, the CID reported the facts to the Fort Magistrate’s court and three suspects have been named in this case, including the former intelligence chief Suresh Sally. The police said he was arrested for conspiracy and aiding and abetting the Easter Sunday attacks. The media reported that he was suspected of misdirecting investigations of incidents before and after the attacks. More suspects could be named and arrested under this case. This is likely to become significant criminal case, especially if indictments are filed but it is left to be seen if the AG will file indictments.

Writ case in Court of Appeal to stop arrest of a military officer 

The CID obtained a court order to ban overseas travel of a senior Military Intelligence officer, K. S. Maddumage, from whom they want to take a statement in relation to the Magistrate’s Court case. Although Maddumage is not named as a suspect in the case, he sought and obtained an interim order from the Court of Appeal to prevent his arrest. Fr. Rohan Silva, as the complainant, is due to support the intervention when the case is next heard.

High Court case against lawyer and human rights defender 

This case is against the lawyer and human rights defender Hejaaz Hizbullah for his alleged connection to Save the Pearls Charity that had ties to one of the bombers. The evidence is very weak against. Hizbullah. On October 9, 2023, one of the prosecution’s witnesses admitted that his previous statements to the CID and the High Court were fabricated and that he had lied. On January 16, 2024 Hizbullah was accompanied by Catholic clergy to the Court in a show of solidarity, which implies that they doubt the role of the prosecutors in indicting and prosecuting Hizbullah as an accused. I opposed his arrest from the inception and his arrest has been widely condemned by domestic and international human rights groups, UN and in a European Parliament resolution on Sri Lanka.

Three Right to Information cases in the Court of Appeal 

Three requests for information through the Right to Information process are pending in Court of Appeal.

One information request to the Ministry of Public Security was filed by CSR requesting information about disciplinary action taken against certain police officers, including Tennakoon, for their omissions. CSR filed this case after the information request was rejected by the Ministry and subsequently by the RTI Commission.

The other two cases related to two separate information requests by CSR to the Presidential Secretariat and the AG’s department in 2023 to disclose certified copies of the testimonies of five individuals who provided testimony before the Easter Sunday Commission. Both rejected this but later based on an appeal by CSR, the RTI Commission ordered both to release this information to CSR. But both challenged the order and appealed to the Court of Appeal. These are cases are going on as separate cases but as connected matters.

Three criminal cases in High Court and a Trial at Bar

In 2022, the AG filed indictments in Colombo High Court against six accused for manufacturing bombs in a factory in Wellampitiya. A police inspector was called to testify and trial is continuing.

The AG also filed indictments in 2021 in the Puttalam Trial at Bar against six accused regarding a training camp and explosives discovered in Wanathavilluwa. The camp was discovered on January 16, 2019 about three months before the attacks by CID officers who learnt that the camp was set up to train suicide and assault teams and had connection to lead suicide bomber ZahranHashim.

In another case, the AG filed indictments in Colombo High Court against the father of two men who carried out suicide attacks. He has been accused of concealing information.

Private plaint filed against the president/Minister of Defense for failing to discharge duties

A private plaint was filed in September 2022 against President Maithripala Sirisena in the Fort Magistrate Court by a victim and a senior Catholic priest, Father Cyril Gamini Fernando, alleging that he had failed to discharge his duties as the Minister of Defense to prevent the attacks. In February 2026, the Court of Appeal gave an order annulling the Magistrate’s summons to the former president but saying this would not prevent future summoning based on new evidence. 

Reprisals against seeking justice

Even as court cases continued, those seeking truth and justice have faced reprisals. In 2023, police in Negombo tried stop a protest march and rally by seeking a court order, which the Acting Magistrate refused. Also in 2023, on Easter Sunday, police had banned the use of banners, black flags and loudspeakers during a vehicle parade from St. Nicholas Church in Bopitiya to St. Sebastian’s Church in Katuwapitiya (the church most affected by the attacks). A media report accused three prominent Catholic priests advocating for truth and justice of conspiring against the Catholic Archbishop of Colombo. Shehan Malaka, an outspoken activist who publicly made an allegation of political conspiracy, was arrested and although he was released on bail, a case has been filed against him in the Colombo High Court. 

Prospects for criminal accountability through domestic judiciary 

There have been occasional instances of the judiciary establishing truth and holding police and military officials criminally accountable for serious crimes such as in Bharathipuram massacre by police and Embilipitiya disappearances by the Army. There are a few significant ongoing prosecutions in Trials at Bar and High Courts such as on 2010 disappearance of journalist Prageeth Ekneligoda and 2008-2009 disappearance of 11 youth and men. Military intelligence and Navy personnel stand accused in these two cases.

But overall, in a country ravaged by war, armed insurrections and grave violations of international human rights and humanitarian law, impunity has reigned and truth and criminal accountability are scarce, especially in cases where the military and police are implicated. Before the Easter attacks, many churches in the Jaffna and Mannar Catholic dioceses were attacked by the armed forces such as Navaly, Gurunagar, Allaipiddy and Pesalei, killing and injuring hundreds of Tamil civilians. There has been no criminal accountability and adequate compensation for these and many other serious crimes during the war, including the tens of thousands of extrajudicial executions and enforced disappearances. Among the victims are Tamil Catholic priests such as Father Mary Bastian alleged to have been killed by the Army in 1985, Father Jim Brown who disappeared after being last seen at a checkpoint entering a Navy controlled area in 2006 and Father Francis Joseph who disappeared alongside many others after being seen surrendering to the Army at the end of the war in 2009. During the war, mosques and temples were attacked by the LTTE leading to hundreds of deaths.

After the war, Evangelical Christians and people of Islamic and Hindu faiths faced persecution and there is rarely any accountability.  In the 11 Sundays preceding Easter Sunday in 2019, there were disruptions at Christian church services and at least 13 churches were affected in nine districts. About 35 incidents and about 70 violations against Christians were reported in 2019 prior to Easter attacks. There has also been no criminal accountability for many mass graves in different parts of Sri Lanka, extrajudicial executions by police, massacres in prisons, killing and disappearances of journalists and killings during protests inChilaw, Katunayake and Rathupaswela.

The judiciary remains a key institution in establishing truth and holding perpetrators criminally accountable. But effectiveness of judicial process is often dependent on fair trials that respect rights of all parties including legal representation and especially on independent, comprehensive and professional investigations by police followed by effective prosecutions by the AG. If the last two fail, judges may find it difficult to ensure criminal accountability. If the state is genuinely committed to facilitate criminal accountability through the domestic judiciary, it must actively encourage and facilitate domestic and international observersincluding aggrieved parties, human rights activists, clergy and representatives of countries whose citizens were killed.  

Towards justice

Holistic justice must include long term and adequate reparations, ensuring rights to mental and physical healthcare, education and livelihood, including compensation. Advocacy of church leaders and civil society has focussed less on this aspect despite many survivors and victim families being desperate for reparations. Holistic justice also includes truth seeking and criminal accountability, especially of master minds. Investigations by police, prosecutions by the AG and fair trials with due respect for rights of suspects and accused are key for judges to ensure criminal accountability. Establishing an independent office of a public prosecutor is a key step.

In terms of court cases related to attacks, referring to the ongoing case against 24 people at the Trial at Bar as the main case could be misleading as those responsible are unlikely to be masterminds and even convictions of the 24 on all charges is unlikely ensure full justice. The naming Sallay as a suspect in an ongoing investigations and related case at the Fort Magistrate Court indicates the importance of additional investigations and more court cases, especially in terms of masterminds.

Justice must have its own dedicated focus but should not ignore broader patterns of impunity in Sri Lanka and cannot be disconnected with other struggles of justice. Advocacy for justice by Tamils, including Christians, have mostly focussed on war time atrocities and Sinhalese, including Christians, have largely focussed on the Easter attacks, economic crimes and rule of law. It is important to forge a united fronts for justice both domestically and internationally. While domestic courts are important platform for justice, particularly criminal accountability, we must not limit struggles for justice to domestic courts. International platforms, media and streets are important platforms of struggles for justice.