19 February 2025
In early February 2025, media reported of the Attorney General’s intention to discharge three suspects in case number B 92/2009. The case was linked to the murder of senior editor Lasantha Wickrematunge, and the decision to discharge the suspects led to criticisms from sections of society. This resulted in President Anura Kumara Dissanayake meeting with the Attorney General where it was reported that the Attorney General maintained his position that there was a lack of evidence for a prosecution. Since then, it is reported that the CID has produced more evidence, and the discharge of the suspects has been temporarily suspended. These incidents drew into sharp focus the need to ensure the independence of prosecutorial decisions, in order to ensure that relevant decisions can be made independent of any political considerations and in the interest of justice.
The Centre for Policy Alternatives (CPA) has continuously called for the independent prosecution of all emblematic cases, many of which have seen little to no progress despite the promise to pursue accountability. The assassination of Lasantha Wickrematunge is one such case. In a context of political influence and interference with the investigations and prosecutions of emblematic cases, CPA has consistently advocated for the setting up of an independent public prosecutor’s office in Sri Lanka.
Considering the setbacks with pursuing justice, the proposed office must be insulated from political interference, and have the required expertise and resources to prosecute cases that may otherwise be prone to political interference. Despite the need to reform the present justice sector, successive governments have been unable or unwilling to introduce the required reforms to implement a structure that ensures independence and accountability. CPA notes the commitment by then candidate Dissanayake to introduce a ‘Directorate of Public Prosecution (DPP) as a mechanism to eliminate delays within the judicial system and establishing a main DPP office and sub offices in the provinces which will remain independent of the Attorney General’s Department to conduct cases on behalf of the government’ in his election manifesto.
Most recently, the Minister for Justice and National Integration has taken steps to appoint an expert committee as an initial step in establishing an independent prosecutor’s office. CPA notes such a process must be inclusive and must involve the participation of those who have called for justice sector reforms, including victims, lawyers, academics, civil society and others. Such a process facilitates a greater discussion on key issues, engages relevant stakeholders and garners trust in the fact that the present government is genuinely interested in initiating reforms in a transparent and accountable manner. Further, such a step will instil confidence among the public that reforms are meant to strengthen the rule of law and democracy in Sri Lanka and not merely as a token gesture to appease sections of society.
Against such a background, CPA has prepared this Q&A surrounding the need for a Public Prosecutor’s Office. This Q&A is not meant to be exhaustive, but is meant to be a resource that can be used to constructively engage with the existing discourse around the Public Prosecutor’s Office.