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)
OMP on being reported by the OMP to the Court of Appeal shall be punishable by the Court
of Appeal.63
Centre for Justice and Change
The Act provides these powers. The OMP is yet to use it in investigation to test their authority
and power.
Families of the Disappeared
Though the act says these things yet in action OMP has not proved the powers they are entitled
by the act. At least they could not get the list of surrenders yet. If OMP could do that they can
win faith from the Tamil families.
ICJ
The Powers of Investigation of the OMP listed under Section 12 of the Act gives the Office
extensive powers, the ambit of which would include the capacity to subpoena information,
enter State institutions and have access to any State archive.
Section 12 (c) (i) empowers the office to procure and receive statements and (ii) allows it to
summon any person before the OMP. Section 12 (f) is also relevant in this regard as the OMP
has the power to authorise in writing a specified officer of the OMP to enter without warrant
at any time any place of detention, police station, prison or any other place in which any
person is suspected to be detained.
Section 12 (e) allows the Office to request the assistance necessary for achieving its mandate
from any State, Governmental, provincial, local authority, agency or any officer.
The President has now allowed the OMP to have full access to the National Archives including
the scanning of the archive documents
63
64
Paragraph 42
OMP Act, above n 16, Section 24(2).
OMP Act, above n 16, Section 12(d).
OMP
The OMP has the authority to apply to a Magistrate’s Court, for a court order to carry out an
excavation and or exhumation of suspected grave sites, and to act as an observer at such
excavation or exhumation.64 Further the OMP’s mandate to establish the fate of missing and
The Working Group notes
information according to which
the OMP played a proactive role
as an observer in the Mannar
grave exhumation and is
47
A/HRC/42/40/Add.1
(f) Have the technical
capacity
to
conduct
exhumations,
including
forensic expertise;
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