File photograph: A white van in Mullaitivu, similar to those used for years to carry out abductions and executions.
A Sri Lankan court has acquitted and released two former military intelligence officers accused of abducting and assaulting a journalist and two state officials in 2008, in a case that has drawn renewed scrutiny over impunity for state-linked violence.
On Wednesday, Colombo Additional Magistrate Pasan Amarasena ordered the unconditional release of Hemachandra Perera and Prabath Duminda Weeraratne, who had been indicted under Sections 314 and 32 of the Penal Code. The court held that the prosecution had failed to prove the charges beyond a reasonable doubt, according to the Daily Mirror.
The two men were alleged to have abducted and assaulted a journalist and a diplomatic staff member in 2008, while both were reportedly engaged in state intelligence operations.
Keith Noyahr, an associate editor of The Nation was abducted from just outside him home in Colombo and tortured before being released in May 2008.
According to the case filed by the Criminal Investigation Department (CID), the victims were abducted in a white van and subjected to physical violence - a method widely reported during that period in connection with enforced disappearances, executions and torture.
The suspects were arrested in 2017 and held in remand custody for an extended period before being released on bail. The trial recommenced in 2023.
Senior Counsel Shiras Nuredin and Counsel Farzan Mohamed, representing the accused, argued that the men had not been identified during the identification parade and provided alibi evidence indicating they were elsewhere at the time of the incident. On these grounds, the defence filed a motion seeking their release.
Citing the lack of substantive evidence and failure by the prosecution to meet the burden of proof, the court ruled in favour of the defence and ordered the release of both officers.
The ruling comes as Sri Lanka faces ongoing criticism for its failure to ensure accountability for wartime abuses, particularly those allegedly carried out by military and intelligence personnel. Despite documented patterns of enforced disappearances, torture, and extrajudicial killings during and after the armed conflict, successful prosecutions have been rare.
Cases involving abductions by white vans, a hallmark of state terror during the armed conflict, remain largely unresolved.