vi) The right
compensation;
(
24
25
26
27
to
full
Situation during
the visit
A/HRC/33/51/Ad
d.2
Measures taken/current situation
There are enduring concerns about the National Victim and Witness Protection Authority set
up under Victim and Witness Protection Act. The OMP Act also sets up a separate Witness
Protection Division.
Centre for Justice and Change
The victims and witness protection action is not revisited as yet.
Families of the Disappeared
(v).It is not a big problem of protection for the families in the South as under last regime, at
the moment. We can gather, discuss and do any activities without any interferences from the
intelligence units. But in North and East there are some few complains. Though OMP also
has a unit for the protection of the family members still it is not functioning. OMP still tries
to recruit officers for that and it will take at least another 3 to 6 months. “Victims and witnesses
protection authority is there as a separate unit but not much news about its functioning or
using by family members.
ICJ
While the Act on Enforced Disappearance does not make reference to the protection of
relatives and witnesses, Section 13 (1) (g) of the Office of Missing Persons Act provides for
the development and enforcement of a system for victim and witness protection without
prejudice to the provisions of the Assistance to and the Protection of Victims of Crimes and
Witnesses Act No. 4 of 2015
OMP
The right to compensation for enforced disappearances is recognised under the Enforced
Disappearances Act. 24 Further under Sri Lanka’s Constitution, the Supreme Court is
empowered to order relief and redress where a fundamental right has been infringed.1225 The
Assistance to and Protection of Victim and Witnesses Act, No. 4 of 2015 (Victim and
Witnesses Protection Act) provides victims of crimes with a right to reparation and
restitution for harm they have suffered. 26 The OMP has the authority to make
recommendations concerning reparations, including compensation to missing and
disappeared persons and their relatives. 27 Whilst recognising and promoting the right of
families of the missing and disappeared to reparations, the OMP has made a number of
recommendations relating to interim relief with a view to providing immediate assistance to
Enforced Disappearances Act, above n 15, Sections 3(1), 3(2).
The Constitution of Sri Lanka, Section 126(2).
Assistance to and Protection of Victims of Crime and Witnesses Act, No. 4 of 2015, Section 3(c). (Victim and Witness Protection Act)
OMP Act, above n 16, Section 13(1)(f).
Level of implementation and
observations (to be completed
by the WGEID)
The Working Group regrets that
the Enforced Disappearance Act
does not include a general right
to compensation, and provision
of compensation is mentioned
only in the context of a
perpetrator providing
compensation to a victim. The
Working Group note that the
establishment of the Office for
Reparations. However, under
A/HRC/42/40/Add.1
26
Recommendations
A/HRC/33/51/Add.2
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents