Abstract:
In post-conflict societies, the investigation of mass graves constitutes a critical
test of governance and the rule of law. This paper examines whether Sri
Lanka’s legal and institutional response to the Chemmani mass grave
investigations in Jaffna has complied with core rule-of-law requirements,
namely legality, equality before the law, judicial accountability, and effective
remedies. The Chemmani case, first revealed during criminal proceedings in
1998, serves as a focused case study of post-conflict criminal justice
administration. Adopting a doctrinal methodology, the paper analyses the
obligations imposed on investigative and judicial authorities under the Code
of Criminal Procedure Act No. 15 of 1979, including duties relating to police
investigations, magisterial supervision, and inquests into suspicious deaths. It
further evaluates compliance with Articles 11, 12(1), and 13 of the
Constitution of Sri Lanka, which guarantee freedom from torture, equality
before the law, and due process, as well as Sri Lanka’s international obligations
under the International Covenant on Civil and Political Rights Act No. 56 of
2007. The study demonstrates that prolonged investigative delays, limited
prosecutions, inadequate witness protection, and weak judicial oversight in the
Chemmani case represent a departure from rule-of-law standards and
undermine public confidence in post-conflict governance. For comparative
insight, the paper draws on Argentina’s post-dictatorship experience in
investigating mass graves and enforced disappearances, particularly the role
of judicially supervised investigations, independent forensic mechanisms, and
sustained prosecutions in restoring accountability. The core argument
advanced is that Sri Lanka’s failure lies not in the absence of legal norms, but
in deficient institutional enforcement. The paper concludes by proposing
doctrinal reforms aimed at strengthening judicial supervision and
prosecutorial independence to reinforce the rule of law in post-conflict Sri
Lanka.
