VZCZCXRO3474
OO RUEHBI RUEHLMC
DE RUEHLM #0980/01 1971053
ZNR UUUUU ZZH
O 161053Z JUL 07
FM AMEMBASSY COLOMBO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6447
RUEHBK/AMEMBASSY BANGKOK 3238
RUEHKT/AMEMBASSY KATHMANDU 5378
RUEHKA/AMEMBASSY DHAKA 0285
RUEHIL/AMEMBASSY ISLAMABAD 7269
RUEHLO/AMEMBASSY LONDON 3911
RUEHNE/AMEMBASSY NEW DELHI 1196
RUEHNY/AMEMBASSY OSLO 3982
RUEHOT/AMEMBASSY OTTAWA 1175
RUEHKO/AMEMBASSY TOKYO 3068
RUEHCG/AMCONSUL CHENNAI 7862
RUEHBI/AMCONSUL MUMBAI 5517
RUEHON/AMCONSUL TORONTO 0318
RHHMUNA/HQ USPACOM HONOLULU HI
RUEHLMC/MILLENNIUM CHALLENGE CORPORATION
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEHBS/USEU BRUSSELS
RUEHGV/USMISSION GENEVA 2208

UNCLAS SECTION 01 OF 03 COLOMBO 000980 
 
SIPDIS 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR SCA, INL, DRL, CRS 
USAID FOR RENEE HOWELL/ANE/SAA, ELIZABETH HUME/CMM, BARBARA 
SMITH/DG, JOHN BUCHANAN/DG 
DOJ FOR GRAY BARR/ICITAP 
 
 
E.O. 12958: N/A 
TAGS: PHUM PINS PREL PREF PGOV EAID ASEC CE
SUBJECT: SRI LANKA: REQUEST TO STATE/DRL AND STATE/INL FOR SUPPORT 
IN FORENSIC MEDICINE AND CRIME SCENE INVESTIGATIONS 
 
¶1.  (SBU) Summary: The Government of Sri Lanka's Presidential 
Commission of Inquiry (COI) has begun investigations into serious 
human rights violations. The COI began hearings on one of the cases 
but a dispute between scientific experts regarding the forensic 
evidence is becoming a major impediment to resolving the case. This 
case, involving the murders of aid workers in Muttur, sheds light on 
the many weaknesses in government institutions responsible for 
forensic analysis.  Addressing these weaknesses could ensure that 
forensic science supports the legal system and the responsibilities 
of law enforcement agencies. Post requests that INL and DRL assess 
the state of forensic investigation capacity in Sri Lanka and to 
consider funding support for measures outlined in para 10. End 
Summary. 
 
--------------------------------------------- 
BACKGROUND AND COI'S FORENSICS CONSTRAINTS 
--------------------------------------------- 
¶2. In late 2006, the Government of Sri Lanka (GSL) established the 
COI to evaluate 16 of the most serious human rights violations 
dating back to August 2005.  Those cases include the murder of 
former Foreign Minister Lakshman Kadrigamar, parliamentarian 
Nadaraja Raviraj, the murders of students in Trincomalee, as well as 
17 Action Contre La Faim aid workers in Muttur. To date, the COI has 
only begun to hear evidence in the Muttur case.  The international 
community, represented by Australia, Canada, the European Union, 
Germany, Japan, the Netherlands, the United Kingdom, and the United 
States, is supporting the International Independent Group of Eminent 
Persons (IIGEP) to observe the COI's hearings and comment on 
proceedings. The IIGEP Secretariat consists of technical advisors 
who support the work of the Eminent Persons. 
¶3. The IIGEP technical advisors reviewed the Muttur case and 
identified several failures of Sri Lankan law enforcement 
authorities and forensic specialists to undertake many elementary 
forensic analyses such as: fingerprinting of the crime scene; a 
thorough search for and collection of projectiles; and the analysis 
of mobile phone records. In addition, a dispute has arisen between 
IIGEP and GSL authorities over the ballistics analysis of the 
projectiles taken from the victims. Dr. Malcolm Dodd, the Australian 
forensic pathologist who conducted a second series of post-mortems, 
and the GSL's Government Analyst Department's ballistics expert 
disagree on the presence of two sizes of projectiles in the victims' 
bodies. Dr. Dodd took x-ray photographs of the exhumed bodies and 
these show bullets of two different sizes. The GSL police reports 
show that officers at the crime scene conducted an unstructured 
search by digging through the sand with their hands to recover 
projectiles. Basic forensics training or the presence of Scene of 
Crime Officers could have ensured a more professional search for 
forensic evidence. 
 
-------------------------------------------- 
THE CAPACITY OF SRI LANKA'S GOVERNMENT ANALYST'S DEPARTMENT 
-------------------------------------------- 
 
¶4. The GSL's Government Analyst's Department was established in 1905 
and provides scientific analytical services for government 
departments including the Sri Lanka Police, Public Health 
Inspectors, the Department of Immigration and Emigration, the 
Registrar of Motor Vehicles, Sri Lanka Customs and others. 
 
¶5. The Department has 54 scientific officers, of whom 30 are 
assigned to a Forensics Division. The Forensics Division consists of 
seven units: Firearms, Explosives, Serology, Toxicology, Narcotics, 
Questioned Documents, and Miscellaneous. The GSL has approved a 
budget of approximately $6.8 million for the construction of an 
office and laboratory complex for the Government Analyst's 
Department. The construction is scheduled to be completed in 2009. 
 
COLOMBO 00000980  002 OF 003 
 
 
 
¶6. Very little funding is available for in-country training and the 
Department is in need of several key pieces of equipment. For 
example, the Department does not have a DNA laboratory.  Such tests 
have to be carried out at Gene Tech, a private sector company, or 
the University of Kelaniya. (Note: In criminal cases, tests 
conducted at Gene Tech or the University of Kelaniya are always 
challenged in court and often declared inadmissible.) 
 
¶7. Many forensic specialists have asserted that the Government 
Analyst's Department is short staffed and is often a primary 
obstacle in obtaining forensic reports in a timely manner, with 
delays of up to six months for toxicological and serological 
reports. In addition, the capacity of these units is poor, and they 
routinely fail to detect small quantities of pathogens or chemicals. 
 
 
-------------------------------------------- 
CAPACITY OF THE JUDICIAL MEDICAL OFFICERS 
-------------------------------------------- 
 
¶8. Judicial Medical Officers (JMO) have the legal responsibility to 
perform autopsies. All JMOs have a degree in medicine with at least 
one JMO assigned to each district in the country. The Post-Graduate 
Institute of Medicine at the University of Colombo conducts a 
doctoral level graduate program in forensic medicine that attracts 
few students as most are attracted to programs that offer better 
prospects with the possibility of a lucrative private practice. 
 
¶9. The work of the JMOs has also recently come under fire, with 
IIGEP technical advisors citing poor quality post mortems in the 
murders of the 17 employees of the French non-governmental 
organization, Action Contre La Faim in Muttur.  In addition, the 
pathology unit does not even have the most basic equipment, such as 
an x-ray machine. A piece of equipment such as an x-ray machine is 
fundamental in conducting post mortems and, had that piece of 
equipment been available, it could have made a significant 
difference in the outcome of the GSL prepared report on the murder 
of the aid workers. 
 
--------------- 
RECOMMENDATIONS 
--------------- 
 
¶10. Post has identified the forms of intervention that are most 
needed to build the capacity of forensic medical analysis in Sri 
Lanka.  Post urges DRL and INL to provide support in one or more of 
these areas. 
 
- Training for the JMOs to improve their technical skills in 
forensics investigations; 
 
- Capacity building and DNA equipment for the Government Analyst's 
Department; 
 
- Training in forensic medicine for the judiciary and senior 
prosecuting lawyers from the Attorney-General's Department; 
 
- A review with recommendations for reforming existing laws that 
govern the admissibility of scientific evidence; 
 
- A review with recommendations for training the Sri Lankan Police's 
Criminal Record Division which is responsible for collecting, 
matching and storing fingerprint reports; 
 
- Development of a strategic plan to advocate for ongoing training 
 
COLOMBO 00000980  003 OF 003 
 
 
and policy and procedural reforms within the Sri Lanka Police, the 
Judicial Medical officers and Government Analysts to establish an 
integrated system for forensic analysis; and, 
 
- Funding for improved infrastructure facilities in selected 
hospitals targeting the refurbishment of pathology units and the 
purchase of essential equipment (e.g. x-ray machines). 
 
¶11.  ACTION REQUEST:  Building the technical capacity of GSL 
institutions responsible for collecting and analyzing forensic 
evidence and purchasing of necessary equipment will not by itself 
improve the prosecution of cases involving human rights violations. 
However, these interventions will improve forensic analysis and will 
be a vital step in ensuring that the review of forensics evidence is 
credible.  In the absence of credible forensic analysis, speculation 
and allegations surrounding human rights abuses flourish and the 
culture of impunity continues. Support from DRL and INL would 
complement USAID's democracy and governance programs in Sri Lanka 
and meet critical needs that we are not able to address with current 
funding levels.  We welcome comments from and dialogue with DRL and 
INL on this proposal. 
 
MOORE