தண்டனையின்மை விகிதம்Impunity Ratio (IR)
Completed prosecutions against credible accountability findings, over time.
IR(t) = (credible findings unprosecuted at time t) / (total credible findings at time t)
§1What it measures
IR is the simplest possible audit of the structural objection 'why have you not exhausted domestic remedy?' It asks one question against a closed universe of citable findings: what fraction of those findings has resulted in a completed criminal proceeding on the merits?
The model is meaningful only because the denominator is bounded — restricted to findings issued by named Tier-A bodies. It is not a count of alleged incidents, suspected violations, or unverified reports. It is a count of findings that already cleared an independent evidentiary threshold.
§2Inputs & sources
Findings from the named Tier-A set where no completed criminal proceeding (resulting in conviction or acquittal on the merits) has occurred by time t. Disciplinary action, administrative transfer, internal inquiry, and parliamentary debate do not count.
- ◇UN Panel of Experts on Accountability in Sri Lanka (Darusman Report, 2011)
- ◇OHCHR Investigation on Sri Lanka (OISL, A/HRC/30/CRP.2, 2015)
- ◇A/HRC/46/20 (2021), A/HRC/51/5 (2022), A/HRC/57/6 (2024)
- ◇Lessons Learnt and Reconciliation Commission (LLRC, 2011) — findings endorsed in subsequent OHCHR reporting
- ◇Paranagama Commission (2014) — findings endorsed in subsequent OHCHR reporting
Cumulative count of distinct findings from the same Tier-A set on or before time t. A finding is distinct when it identifies a discrete incident, pattern, or institutional practice; aggregate statements are excluded.
- ◇Same source list as numerator — the registry is one-sided in source, two-sided in count.
§3Worked reading
IR(2026) under this counting rule sits at or near 1.0. The Sri Lankan state can move it toward 0 at any moment by completing prosecutions on the merits. The model does not require any new event to falsify; it requires the state to act on the existing record.
This is the operative meaning of 'exhaustion of domestic remedy' as the international-law doctrine actually uses the term. IR is the audit form of that doctrine restricted to the Sri Lankan record.
If at any time t, IR(t) → 0 through completed prosecutions on the merits against the named Tier-A finding set, the structural argument that domestic remedy is unavailable is rebutted, and TLTE's reliance on this branch of the case is withdrawn.