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) The Appropriation Act for 2019 is yet to be passed. However, during his speech Minister of Finance Mangala Samaraweera assured that the Office will be adequately resourced to support families of the missing.56 The Chairperson of the OMP raised concerns regarding the independence of the OMP when it is listed under a Ministry (especially as it has been changed a number of times since its operationalisation). He stated that the independence of the Office would be better ensured if it is listed directly under the President or the Prime Minister. (e) Have the capacity to subpoena information from any source and witnesses, to enter any State institution, and have free access to any State archive; 56 57 58 59 60 61 62 OMP The OMP has a range of powers to obtain information and evidence relevant to its investigations. The OMP has the power to search any place of detention without a warrant.57 Further the OMP has the power to make an application to a Magistrate to obtain a search warrant to enable a Police Officer or an officer of the OMP to search any premises suspected to contain evidence relevant to an investigation.58 The OMP also has the power to summon any person present or residing in Sri Lanka to be present before the OMP to provide a statement or produce any document or other thing in his or her possession.59 Further the OMP has the authority to request the assistance necessary for the achieving of its mandate from any State, governmental, provincial, or local authority or agency. Notwithstanding anything to the contrary in any other written law or regulation any such authority, agency or officer is required under law to provide the assistance requested by the OMP.60 Such assistance shall include but will not be limited to providing information and producing documents in the possession of such authority, agency or officer.61 If any person fails without cause to appear before the OMP pursuant to summons, such person shall be guilty of an offence of contempt against the authority of the OMP.62 Every offence of contempt committed against the authority of the The Working Group welcomes the improvement made concerning the OMP’s free access to information and evidence, and recommends that the powers be effectively implemented in practice. . Funds allocated in the 2019 budget to strengthen reconciliation, Colombo Gazette, 05 March 2019https://colombogazette.com/2019/03/05/funds-allocated-in-2019budget-to-strengthen-reconciliatio/ OMP Act, above n 16, Section, 12(f). OMP Act, above n 16,Section 12(g). OMP Act, above n 16,Section 12 (c)(ii). OMP Act, above n 16, Section 12(e). OMP Act, above n 16, Section 12(e). OMP Act, above n 16, Section 24(1)(a). A/HRC/42/40/Add.1 46 Recommendations A/HRC/33/51/Add.2

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