The United States Court of Appeals for the Ninth Circuit has granted a request to dismiss a case against the current Sri Lankan president and accused war criminal Gotabaya Rajapaksa without prejudice, leaving room in the future for potential legal action, once he leaves office.

Ahimsa Wickrematunge – daughter of prominent journalist Lasantha Wickrematunge who was assassinated in January 2009 – filed her lawsuit against Rajapaksa last April, over his involvement in her father’s killing and the ruthless targeting of journalists that criticised the state.

“The Ninth Circuit’s decision clears the way for future litigation against Rajapaksa once he no longer enjoys immunity as a head of state,” said The Center for Justice & Accountability.  

Wickrematunge , represented by the Center for Justice and Accountability (CJA) and Debevoise & Plimpton LLP, has previously wrote to former Prime Minister Ranil Wickremasinghe calling for Gotabaya Rajapaksa to take accountability for his actions but her letter was overlooked and her lawsuits were dismissed at US courts. 

“This ruling is a victory, and a message to Gotabaya Rajapaksa: His manoeuvres to escape justice for his role in my father’s assassination continue to fail,” she said. “He will not enjoy immunity forever, and his presidency can only delay, not prevent, accountability. Those of us who lost everything to his barbarism and bloodshed will never give up our fight for justice.”

"We are pleased that this decision gives Ahimsa another chance at justice for her father,” said Natalie Reid of Debevoise & Plimpton.

CJA Legal Director Carmen Cheug explained, “Lasantha’s killing was neither authorized nor ratified by the Sri Lankan government, and the violent targeting of journalists should never be considered legitimate acts of state. We are pleased that Ahimsa will have the opportunity to bring her case again.”

Rajapaksa’s appointment as Sri Lanka President last November entitled him to immunity from lawsuits at US courts for the duration of his presidency, but the US Courts of Appeals for the Ninth Circuit ensured that Ahimsa’s case was honoured fairly with no prejudice.

This landmark ruling for Ahimsa and her family marks a hard and long-fought victory against alleged war criminal Gotabaya Rajapaksa and his evasion from sanctions for his role in targeted killings of journalists and others critical of his regime. As such, this should pave the way for future claims to be made against Rajapaksa while he no longer possesses the veil of immunity.  

See more here. 

Another civil lawsuit against Rajapaksa has filed by the International Truth and Justice Project and Hausfield law firm on behalf of Tamil torture survivor, Roy Samathanam. Samathanam was physically and psychologically tortured for three years after being detained in Colombo in September 2007. He was only released in August 2010 after signing a false confession and accepting a plea deal. He won a case against the Sri Lankan government at the UN Committee Against Torture but the Sri Lankan government did not comply with the order for compensation.

Rajapaksa, who oversaw a military offensive that massacred tens of thousands of Tamils, was formally served notice of the lawsuits at a Trader Joe’s parking lot in Pasadena, California.