aluthgama report final

Chapter VII
In the Aftermath of Aluthgama: legal responses
In the aftermath of the riots there was a sense of helplessness among the people who had had
all their valuables looted and all their property destroyed. Understanding of the legal
remedies available to them was minimal. 130 Even when certain individuals dared to make
complaints against those who had been identified as the perpetrators, the Muslims recounted
instances where the complainants were arrested by the Police, the Muslims recounted.
Therefore, a sense of disillusionment vis-a-vis the system was instilled in the general
public. 131
The private bar was among the first to come to the aid of those who were affected by the
Aluthgama riots. 132 The Bar Association of Sri Lanka had warned the government and the
Attorney General’s Department of the incitement of religious disharmony by the Bodu Bala
Sena. They also mobilized to provide legal services for those who desperately needed legal
advice after their property and security was violated during the incidents on the 15 th and 16 th
of June 2014. 133
Two inquests were initiated where Upul Jayasuriya, the President and Ajith Pathirana the
Secretary of the BASL appeared. The first case was filed in the Magistrate’s Court, Kalutara
under case number B.R. 1501/14 pertaining to deaths of two Muslims resulting from the
Sinhala Muslim riots. This mainly attempted to clarify the inconsistencies in the JMO report
with regard to the deaths, where it was recorded that the death was caused by cut injuries but
gunshot wounds were also present. The police had stated that this was an interim JMO report
when it was becoming evident that the matter was being investigated further. As the Counsel
stated that they doubts about the validity of the JMO report the doctor was summoned. 134
The second application pertained to damages. There had not been a single instance where the
government analyst had inspected the scene. 135 The court had ordered the police to stop the
cleaning until the government analyst had investigated the area. The government analyst was
130 It was observed that victims of the violence who acted as witnesses were unaware of various court
procedures available to them in order to ensure that governmental authorities exercise their duty correctly.
131 Witnesses in Beruwala pointed out that they were targeted and persecuted by the police when they went to
complain against the damage done to their property. There were 12 complaints lodged against them and
some of them were arrested. Therefore, this dissuaded others from going to the police to make complaints
about their losses.
132 An elderly lady who was affected by the riots in Military Street Aluthgama stated that the Sri Lanka Bar
Association came to her aid right after the incidents took place. This account was corroborated by
testimonies of lawyers who worked on the field immediately after the riots.
133 According to the account of a lawyer who worked in the field with the victims of the riot the Sri Lanka Bar
Association, its President and Secretary took a personal interest in the matters.
134 This is based on a lawyer’s opinion on case number B.R. 1501/14 and its implications.
135 This is based on the information given by a lawyer. The witness reports by victims of the Aluthgama and
Beruwala areas did not provide any account with was contrary to this.
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