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) Additionally, the OMP has received 129 new complaints through letters, phone calls, visits to the OMP head office, public meetings and through direct meetings through direct meetings with the families. The OMP has responded to complaints it has received and provided relevant legal advice and facilitated access to other forms of administrative assistance as necessary. However, the interim report of the OMP (Paragraph 27) notes that there have been patterns of behaviour by State actors which enable enforced disappearances to be met with persistent impunity including the recording of incorrect information or withholding of relevant information and systemic inability and unwillingness to investigate and prosecute cases even where credible evidence of violations exists. (h) Ensure that the Attorney General’s Department is able to operate independently and pursue prosecutions against any suspected perpetrators of disappearances, irrespective of military rank or official position. Paragraphs, 40, 47 23, OMP In its Interim Report, the OMP made recommendations to the Attorney General and the Sri Lanka Police to expedite and give highest priority to prosecutions and other on-going cases involving enforced disappearances.42 Further the OMP recommended that adequate material and human resources be provided to law enforcement officials, the Attorney-General’s Department to prosecute enforced disappearances.43 The OMP is currently following up on these recommendations with the Ministry of Defence, Ministry of Justice and Prison Reforms, Sri Lanka Police and the Attorney General’s Department. Further the OMP has an explicit mandate to make recommendations relating to missing and disappeared persons to take action to protect their rights and those of their relatives.44 The OMP has the authority to make recommendations to other state authorities on a number of issues including preventing future disappearances.45 In its Interim Report the OMP made a number of observations concerning legal and institutional reforms that must be implemented to prevent enforced disappearances, including to facilitate judicial remedies for enforced disappearances. The OMP has observed that some individuals suspected of having committed enforced disappearances and related offences are being permitted to remain in positions of power – especially within the armed forces and the police – where they can influence the progress of an investigation.46 Further the OMP made specific 42 43 44 45 46 OMP Interim Report, above n 2, para 47(i). OMP Interim Report, above n 2, para 47(m). OMP Act, above n 16, Section 2(b), 10. OMP Act, above n 16, Section 13(k)(i). 28OMP Interim Report, above n 2, para 28. The Working Group regrets information received that no steps have been taken to ensure the Attorney General’s Department can operate independently. The Working Group is extremely concerned by allegations that the Attorney General attempted to obstruct an investigation by blocking the arrest of an army commander in the case of the disappeared journalist Prageeth Eknaligoda. The Working Group calls for urgent action to ensure that the Attorney General’s Office operates independently and that prosecutions can be perused against any suspected A/HRC/42/40/Add.1 38 Recommendations A/HRC/33/51/Add.2

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