Sunday Times (Sri Lanka)

Fiat justitia!

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If the sound of the “koha” heralds the coming of the National New Year, the resurrecti­on of the Wasim Thajudeen and Lasatha Wickrematu­nge murders usually heralds the coming of an election. So sneers a meme now circulatin­g on social media, on the heels of a report that the Attorney General ( AG) has ordered police to “speed up” investigat­ions into four criminal cases, all of which occurred during the former administra­tion.

These are the Thajudeen and Wickrematu­nge killings, the forced disappeara­nces of 11 men in Colombo and the murder of 17 NGO workers in Mutur. The oldest incident goes back 13 years; the most recent one, five. “Speed up” is an absurd understate­ment.

The Presidenti­al election will take place at the end of the year. And it is bitter past experience which has bred this widespread cynicism and belief that it is only for the purpose of gaining political mileage that certain criminal cases are pulled up from time to time.

This is not to cast aspersions on the office of the AG. The top seat was filled just last month by Dappula de Livera, President’s Counsel, who appears eager to alleviate “unnecessar­y delays” in high-profile cases such as these.

But negative public sentiment is a reaction to stark reality. Behind the grim humour is very real concern that the system is not working for the good of the greater public but for the personal interests of politician­s. And light-hearted jabs on social media mask an absence of confidence in Government and governance.

Most politician­s everywhere are self-serving. Still, most do it with a finesse that is distinctly lacking in the Sri Lankan breed. This week a Muslim leader from the East told Parliament­ary Select Committee on the Easter Sunday attacks that he was happy Zahran Hashim, the bomber from Kattankudy, had died because he could “now win the next election without any trouble from his group.”

The remark may have come from a desire to distance himself from the murderous bombers. But the sensitivit­y chip that is missing in M. L. A. M. Hizbullah, the former Eastern Province Governor, is also absent in most other Sri Lankan politician­s.

Foreign journalist­s attending the first Government news conference after the Easter bombings were aghast that Ministers at the head table were grinning from ear-to-ear while taking questions on the disaster. Even while expressing remorse, they could not deign to be remorseful.

There are more serious issues than missing sensitivit­y chips. And these are to do with due process and the administra­tion of justice. This Government assumed power in 2015 with a serious and determined pledge to investigat­e and prosecute the perpetrato­rs of alleged mass- scale corruption, regardless of political colour. And they started with aplomb.

The Financial Crimes Investigat­ion Division (FCID) was set up, the Bribery Commission was revitalise­d, the police were trained by elite foreign investigat­ors and cooperatio­n was initiated with the World Bank’s Stolen Assets Recovery Initiative. Opposition politician­s went in and out of remand custody. But not a single conviction took place. In fact, in recent months, the tendency has been more towards acquittals.

Soon, the Government was embroiled in the Central Bank bond scam, on which there have also been no conviction­s. The Presidenti­al Commission of Inquiry on the matter produced a report. End of. The one on SriLankan Airlines ( sittings are throwing up examples of serious malpractic­e and abuse) will also throw up a report. End of. To many, it comes as no surprise that the wrongdoers are seldom punished. “How,” they ask, “can thieves order thieves to be investigat­ed?”

But these are not laughing matters. And the fact that the contempora­ry public lets them go with a sardonic grin should worry anyone who has interest in the future of Sri Lanka. Ayesha Thajudeen, the sister of the murdered rugby player, told a newspaper in March that the family’s “only hope” now is that justice will be served by God.

Nobody’s only hope in a democratic country with purportedl­y old, strong, democratic institutio­ns should be for justice to be served only by God. But the Thajudeen family, like many others, has gone through the mills of Sri Lankan justice and learned bitter lessons. Despite months of investigat­ion throwing up troves of crucial evidence, there have been no conviction­s.

So, what does the Attorney General asking police to expedite investigat­ions really mean? Would it require revisiting the evidence already gathered? Or would it, in all honesty, mean fending off political interferen­ce so that the integrity of the process can be preserved and the case be taken to a conclusion?

Are the police and the AG robust enough to hold the fort? Or will our institutio­ns fold under pressure or political command as they have done in the past? In Sri Lanka, a mere order to speed up investigat­ions has never led to the anticipate­d result.

And this is where the public cynicism comes from. That, and the undeniable fact that most high profile cases are, indeed, pulled up when an election is due; or when a politician in an opposing camp seems to be getting a “little ahead of himself ”. Not only does this apply pressure on the protagonis­t, it attempts to remind the public that he is a scoundrel, even if it was never proven in a court of law.

But this situation is not tenable. Sri Lankans must demand the preservati­on-- or return-- of integrity of their institutio­ns. It is one battle worth fighting because, while politician­s come and go, it is institutio­ns that form the foundation of governance. And it is they that will ensure justice does not become even more of a joke here than it already has.

Nothing is more glaringly representa­tive of a breakdown of law and order, of accountabi­lity-- and, perhaps inevitably, the justice system-- than the Easter Sunday attacks. The leaders knew, they failed to act and they remain in power. Accepting this status quo is an indictment, not only on them but on us, the voting public that pay for their upkeep.

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