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)
a legal representative and or family members and excluding the possibility of secret detention
are vital to ensuring the safety and security of detainees.
ITJP
Not done.
See this we prepared from 2017 though there are now new drafts:
https://www.fhr.org.za/files/6214/9254/5277/SRI_LANKAS_DRAFT_COUNTER_TERRO
RISM_ACT_-_PUBLICATION_DRAFT_-_18_APRIL_2017.pdf
Paragraph 18
Government
In addition to the provisions of the Assistance to and Protection of Victims of
Crime and Witnesses Act, there are specific provisions with regard to victim
and Witness Protection in the Office of Missing Persons Act (OMP). It can be
further emphasized that new provisions have been included based on the recent
review to secure the independence of the police division of the Victims and
Witness Protection Authority and further strengthening the members of the
Board by suggesting inclusion of a member representing civil society. The new
draft bill has been designed to include provisions for victims and witnesses to
be protected in accordance with international standards.
OMP
The OMP recognises the need to adopt measures to strengthen the independence
and effectiveness of the institutions charged with administering the Victim and
Witness Protection Act. The OMP has the authority to establish its own victim
and witness protection unit; however, envisages cooperation with a
strengthened National Authority for the Protection of Victims of Crimes and
Witnesses to ensure coordination of protection activities.
The Working Group regrets that
the
amendments
to
the
Assistance to and Protection of
Victims of Crime and Witnesses
Act in 2017 were limited in
scope and did not incorporate
better safeguards in line with
international standards. It calls
for the Act to be further amended
to address these shortcomings.
The OMP is empowered to
establish its own victim and
protection unit, and the Working
Group hopes that it will be wellresourced,
effective
and
independent.
Amnesty
There was an amendment to the Act passed in 2017 to enable victims or witnesses to be able
to be able to provide testimony remotely, from a “Sri Lankan diplomatic mission in the
country from where such victim of crime or witness seeks to testify or make.” Amnesty
International is aware of a case where at least one witness has not provided evidence in a case,
considering this safeguard insufficient to guarantee their safety.
35
A/HRC/42/40/Add.1
(f) Review the Assistance
to and Protection of
Victims of Crime and
Witnesses Act of 2015 in
order to incorporate better
safeguards
for
the
independence
and
effectiveness of the victim
and witness protection
programme in line with
international
standards.
Revisions must include the
establishment of a wellresourced and effective
victim
and
witness
protection
programme
outside the control and
purview of the regular law
enforcement apparatus. In
addition, the Government
should
ensure
the
independence and integrity
of those appointed to the
Witness
Protection
Authority and that the
police and all other
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