On August 4, 2006, 17 employees of our organisation were killed in cold blood while assisting the population suffering from the consequences of the tsunami and the confl ict in Sri Lanka.

This massacre – amounting to a war crime – is unprecedented in the humanitarian field. At the time of the events, the town of Muttur was the scene of heavy fighting between rebels and government forces, causing dozens of civilian deaths. However, the victims were clearly identified as humanitarian workers.

Since then, we have expressed on several occasions to the Sri Lankan authorities our determination that the whole truth be established about this massacre.

A first investigation was launched on August 15, 2006, at the Magistrate Court, the primary national jurisdiction. After more than 18 months of inquiry, ACF came to the conclusion that fundamental principles of justice had been disregarded by various parties involved. The requirements of independence and impartiality were not met because of political interference, notably unexplained decisions to transfer the case on several occasions.

Furthermore, many irregularities have been observed : delays in obtaining access to the scene and the victims, failure to preserve the crime scene, suspect balistic analyses, complete lack of protection for witnesses and incomplete recording of their testimonies, etc.

In parallel, ACF lodged a complaint on September 12, 2006, with the National Human Rights Commission in Trincomalee, which has the power to launch investigations into human rights abuses although that only lead to recommendations. Even so, ACF was shocked by the Commission’s total ineffectiveness and lack of cooperation, from the months following the complaint right through to the present.

Subsequently, President Mahinda Rajapaksa decided in November 2006 to set up a presidential Commission in order to investigate the ACF case as well as 15 other cases of serious human rights violations. An international group of experts was called on to act as independent observers of the Commission’s work. ACF considered their presence to be one of the key conditions for establishing the truth. But the group of experts recently decided to withdraw, arguing that minimum international standards were not respected. They cited in particular a lack of independence linked to the interference of the Attorney General, the lack of respect for the principle of transparency, and the inability to set up an effective witness protection system despite promises made.

In addition, ACF has also noted worrying irregularities in the work of the Commission and that, more than a year and a half after its creation, it is now clear that the commission has not met the needs that led to its appointment.

After following the three Sri Lankan investigations over more than 18 months, ACF observes bitterly that these investigations set up following the Muttur tragedy have little or no chance of establishing officially the persons criminally responsible for this war crime (direct perpetrators and chain of command).

In view of the inertia in the procedures, the inadequate guarantees of independence and the repeated lack of respect for international standards, we now consider that these procedures have proved ineffective and unproductive.

ACF cannot accept this denial of the victims’ fundamental right to a prompt, detailed, effective and independent inquiry into the circumstances of the massacre. In view of this situation, ACF has taken the decision to end its mission in Sri Lanka and to call resolutely for an international investigation to be launched into the Muttur massacre.

> Read the final report