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Sri Lanka faces heat to hold ousted politicians to account after court ruling: ‘fight for economic justice not over’

  • The largely symbolic ruling did not include any form of punishment for the defendants beyond an order to pay 150,000 Sri Lankan rupees (US$455)
  • To hold the president and the other officials criminally responsible, criminal cases have to be filed and proof of criminal actions are required

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Protesters storm the office compound of Prime Minister Ranil Wickremesinghe on July 13, 2022, demanding he resign after President Gotabaya Rajapaksa fled the country amid economic crisis in Colombo. Photo: AP

The Sri Lankan Supreme Court’s decision this week to hold key figures from the country’s ousted regime, including the former president and his brothers, responsible for the country’s financial crisis, marked a pivotal moment in the nation’s pursuit of justice and economic recovery, but legal experts and activists say further action, including criminal proceedings, are still needed for the country to move forward.

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On Tuesday, Sri Lanka’s highest court ruled that former president Gotabaya Rajapaksa and his two brothers, former prime minister Mahinda Rajapaksa and former finance minister Basil Rajapaksa, as well as several more public officials, were responsible for the country’s debilitating economic crisis.
Former president Gotabaya Rajapaksa (right) and his brother, former prime minister Mahinda Rajapaksa, pose for a group photograph after the ministerial swearing-in ceremony in Colombo in 2019. Photo: AFP
Former president Gotabaya Rajapaksa (right) and his brother, former prime minister Mahinda Rajapaksa, pose for a group photograph after the ministerial swearing-in ceremony in Colombo in 2019. Photo: AFP

However, since the case was filed in public interest, the largely symbolic ruling did not include any form of punishment for the defendants beyond an order to pay 150,000 Sri Lankan rupees (US$455) to the case’s petitioners, corruption watchdog Transparency International Sri Lanka and another four activists, to cover the cost of their legal fees.

Bhavani Fonseka, a lawyer and senior researcher at the Centre for Policy Alternatives in Sri Lanka, said the judgment was “very important” because it sent a message that there would be accountability at the highest levels for the disastrous decisions made by the former regime.

“This is an important step in addressing impunity and implicating the key actors involved, [who] continue to enjoy impunity in Sri Lanka,” she told This Week in Asia.

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It was important to remember that the court was ruling on a fundamental rights application, not a criminal proceeding, Fonseka said. To hold the president and the other officials criminally responsible, further cases of criminal procedure would still need to be filed in court.

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