Recommendations
A/HRC/33/51/Add.2
Measures taken/current situation
Situation during
the visit
A/HRC/33/51/Ad
d.2
Level of implementation and
observations (to be completed
by the WGEID)
support families of all missing persons who have obtained a CoA, until final reparations are
provided by the Office for Reparations. Additionally, the government will provide families
of the missing and disappeared preferential access to relevant “Enterprise Sri Lanka” Loan
Schemes.
Paragraph 14
Government
Section 03 of the Protection of All Persons from Enforced Disappearance Act, No. 5 of 2018
recognizes enforced disappearances as a separate offence.
Section 05 of the Act under reference makes the offence of Enforced Disappearances a
cognizable and a non-bailable offence.
OMP
See response to recommendation 78(b) (vii).
The Working Group welcomes
the adoption of the Enforced
Disappearances Act which
makes enforced disappearance a
separate offence and includes
various modes of criminal
liability
and
command
responsibility.
Amnesty
The domestic Act giving effect to the ICPPED includes modes of liability and sanctions under
section 3(3).
Centre for Justice and Change
The legislation making enforced disappearances an offence is not elaborative as envisaged by
the recommendation.
ICJ
Enforced Disappearance is recognised as a separate offence under Sections 3, 4 and 5 of the
International Convention for the Protection of All Persons from Enforced Disappearance Act
No. 5 of 2018 and covers various modes of criminal liability.
Sanctioning of command or superior responsibility is provided for under Section 3 (3) of the
Act.
31
A/HRC/42/40/Add.1
(d) Swiftly make enforced
disappearance a separate
offence consistent with the
definition contained in the
Declaration
on
the
Protection of All Persons
from
Enforced
Disappearance
and
punishable by appropriate
penalties that take into
account
its
extreme
seriousness. The offence
should also cover the
various modes of criminal
liability,
including
committing,
ordering,
soliciting or inducing the
commission of, attempting
to commit, being an
accomplice
to
or
participating in an enforced
disappearance. It should
also expressly provide for
the
sanctioning
of
command or superior
responsibility for such
crime;
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