Fact Finding Report of HRCSL on Chemmani

HRC: HSZ cannot be declared under Official Secret Act – The IslandHRC: HSZ cannot be declared under Official Secret Act – The IslandHRCSL – Human Rights Commission Sri Lankaby Human Rights Commission of Sri Lanka, Colombo, September 2025

Fact-Finding-Report-of-HRCSL-on-Chemmani-Mass-Grave-Site

This report details the main findings, observations, and recommendations of the HRCSL emerging
from its visit and subsequent developments surrounding the exhumations and excavations at the
mass grave site in Chemmani. The findings and observations are organised under specific themes:
(1) the functions and initial findings of the various institutional actors; (2) the adequacy of
expertise and technology; (3) the adequacy and accessibility of funding; (4) accountability and the
role of security forces and law enforcement authorities; and (5) the role of the Bar, civil society,
and the media.

The main finding of the HRCSL with respect to the exhumations and excavations at the mass grave
site in Chemmani is as follows: while specific institutional actors appear to be discharging
their duties with commitment and care, there remains an overarching gap in capacity and
will among law enforcement authorities to ensure accountability for the deaths of the persons
found at the site.
The main recommendation of the HRCSL in this regard is that a new independent institution for
the investigation and prosecution of serious crimes be established…

Based on the preliminary feedback of the experts working at the site, the HRCSL learnt that over
90 percent of the human remains found at the site had no form of clothing whatsoever, thereby
ruling out customary burials by Hindu adherents. It was also observed that, given the positioning
of the skeletal remains, including the fact that some remains were in extreme proximity to one
another, and the shallow depth of the remains (on occasion, the depth being as shallow as 1.5-2
feet from the surface), there is a reasonable likelihood that the burials were unlawful and pursuant
to extrajudicial killings. Therefore, if an offence is indeed disclosed at the conclusion of this stage
of the investigation, a criminal investigation would be launched and progress with respect to such
an investigation would need to be reported to the Learned Magistrate…

C. Recommendations
In view of the foregoing findings and observations, the HRCSL presents the following
recommendations to the relevant state authorities.

To the Hon. Minister of Justice:
1. Initiate a process through which a Standard Operating Procedure for conducting
investigations into mass grave sites can be developed in close consultation with all
relevant experts, including attorneys-at-law and civil society representatives, and
formally adopted. The SOP should also contain the responsibility to issue regular official
updates to keep stakeholders informed of the progress of the investigation.
2. Appoint a focal point at the Ministry of Justice to expeditiously process budget requests,
allocations, and disbursements, and to work closely with the OMP and all state officials
involved in the investigation into the mass grave site in Chemmani to ensure timely
access to resources.
3. Take immediate steps to provide resources for the use of GPR equipment from the
University of Sri Jayewardenepura to scan a wider area in the mass grave site as well as
the surrounding area to comprehensively assess whether further human remains exist
in the area.
4. Take steps to prioritise the completion of the investigation in Chemmani when securing
and allocating key human resources such as archaeological research teams. Develop a
pool of available archaeological experts to support excavations and exhumations at
multiple mass grave sites.
5. Seek and secure relevant expertise and technological facilities, including from overseas,
for the purpose of credibly and independently analysing DNA samples gathered from
the human remains found at the mass grave site in Chemmani.
6. Take steps to establish a ‘DNA bank’ in which DNA samples of family members of
disappeared persons can be voluntarily obtained and securely stored for future
comparison purposes.
7. Seek and secure relevant expertise and technological facilities from overseas for the
purpose of credibly and independently dating the human remains found at the mass
grave site in Chemmani, and specifically securing the use of the bomb-pulse 14C carbon
dating method.
8. Take steps to implement the above-mentioned recommendations with respect to all other
investigations into mass grave sites in Sri Lanka.
9. Ensure that all necessary support with respect to the present investigation into the mass
grave site in Chemmani is provided to the successor of the present Learned Magistrate
in the event of his promotion.
10. Take steps to establish a permanent independent ‘Office for the Investigation and
Prosecution of Serious Crimes by State Officials’ with broad powers to investigate inter
alia enforced disappearance and extra-judicial killings allegedly committed by members
of security forces or law enforcement authorities, and to prosecute perpetrators. The
HRCSL is prepared to present a detailed concept paper on the nature and functions of the
proposed new office.

To the Inspector General of Police:
11. Issue directions to the CID to refrain from intimidating any state functionaries or family
members of disappeared persons, including pursuing irrelevant and antagonistic lines
of questioning during the course of any ongoing investigation.
12. Issue directions to the CTID to:
a. Strictly conform to the IGP’s Circular RTM 101/CRTM 61 dated 2 July 2025 when
conducting investigations (i.e., to clearly inform a person of the reason for which they
are summoned to give a statement); and
b. Refrain from misusing investigative powers to summon media personnel who are
covering the investigation into the mass grave site in Chemmani, except in clear
instances where there is a reasonable suspicion of a specific offence.
To the Hon. Minister of Defence, and the Commander of Sri Lanka Army:
13. Issue clear orders to officers of Sri Lanka Army to refrain from any involvement in the
ongoing investigations into the mass grave site in Chemmani, including contacting any
state official, civil society representative, or family member of a disappeared person.
To the Hon. Minister of Higher Education:
14. Take steps to review the current training requirements pertaining to medical students
gaining a speciality in forensic anthropology, and consider limiting the number of years
required for foreign training in this subject to one year inclusive of state funding for the
entire year.
15. Formulate a plan to incentivise and develop local expertise in forensic archaeology
through the university system.

To the Hon. Minister of Finance:
16. Consider directing the Inland Revenue Department to issue a VAT exemption notice to
Sri Lanka Customs to enable the release of vital laboratory equipment donated to the
University of Jaffna for the purpose of establishing a Clinical Genetics Unit.

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