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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