Anywhere but Jaffna - Gotabaya Rajapaksa refuses to testify in disappearance case

Former Sri Lankan president and credibly accused war criminal Gotabaya Rajapaksa, has refused to travel to Jaffna to testify in the case concerning the enforced disappearances of political activists Lalith Kumar and Kugan Murugananthan.

Both activists, members of the Frontline Socialist Party, went missing on December 9, 2011, in Jaffna while Rajapaksa served as the Defence Secretary.

But Rajapaksa has refused to appear before the Jaffna Magistrate’s Court, citing security concerns. His lawyer reportedly informed the Sri Lankan Supreme Court that he is prepared to present evidence in any other court in Sri Lanka, but not the court in the Northern Tamil homeland.

Any appearance would mark the first instance of Rajapaksa in a case linked to enforced disappearances during his tenure. Initially, the Jaffna Magistrate's Court had summoned him, but Rajapaksa successfully appealed, and the Court of Appeal dismissed the summons. In today's Supreme Court hearing, Rajapaksa's legal team presented their case. The next Supreme Court session is scheduled for March 18, with Rajapaksa expected to testify before that date.

According to reports, Lalith and Kugan disappeared on December 9, 2011, while organizing a press conference for the People's Struggle Movement. This event was scheduled for the next day, coinciding with International Human Rights Day. The two activists were last seen by relatives leaving Kugan Muruganandan’s house in Avarangal, Jaffna, at 5 p.m. on the day of their disappearance.

Rajapaksa oversaw the massacre of tens of thousands of Tamil civilians during the Mullivaikkal genocide and is seen as one of the architects of the massacres. Despite his crimes, he was elected as Sri Lanka’s president, mostly through the Southern Sinhala polity, in 2019 before being forced out of office by protests in 2022.

He has never been held accountable for the atrocities committed.

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