Recommendations A/HRC/33/51/Add.2 80. The Working Group recommends that the Government of Sri Lanka: (a) Ensure that documents, materials, physical remains or other elements uncovered by the Office of Missing Persons and that could potentially be used as evidence before a court of law are managed and preserved in such a way that respects a chain of custody and does not jeopardize their admissibility in a judicial process; Measures taken/current situation Situation during the visit A/HRC/33/51/Ad d.2 Paragraph 37-39, 42,49 The UN and ICRC in particular have been extensively involved in terms of providing the Office with resources and technical assistance. This includes funding legal staff, facilitating peer-to-peer review with experts from Peru, Colombia etc., training on investigations by experts from South Africa and Argentina. OMP Evidence generated by the OMP will be managed and preserved in accordance with its mandate and powers. The OMP has a primary mandate to inter alia search and trace for the missing and disappeared and protect the rights and interests of the disappeared and their relatives.67 The OMP believes the obligation to provide justice is central to addressing the rights of the missing and disappeared. Therefore, the OMP believes it has a role to play in facilitating a justice process. Whilst the OMP is not empowered to prosecute alleged perpetrators of enforced disappearances, it can refer instances where it appears that an offence has been committed to law enforcement and prosecuting authorities.68 The OMP’s powers grant it discretion over its investigative methodology, including the authority to admit evidence that is not admissible under the Evidence Ordinance and to accept evidence under terms of confidentiality.69 Centre for Justice and Change This is the work of the OMP. What it has done so far is not known. The procedures and policies of the OMP is yet to be disclosed to the general public. Families of the Disappeared These things are being always said by the OMP commissioners. But its slow movements discourage the family members and make them loose their trust and hope in OMP. Though as HR activists, we are happy what OMP and government tries to do. But the victim’s families does not feel that anything is happening. Level of implementation and observations (to be completed by the WGEID) The Working Group welcomes information according to which the OMP is committed to ensuring evidence collection methodologies do not become an obstacle to future investigations and prosecutions but notes a lack of detail or policy on how this will be done in practice. The Working Group encourages the OMP to elaborate and publish a policy document on the steps that will be taken to ensure respect for the chain of custody and to ensure admissibility of evidence in judicial process is not jeopardized. With regard to physical remains, as the OMP is limited to an observer role in exhumations, further clarity is also required on the steps that will be taken to ensure the chain of custody in this context. ICJ 67 68 51 69 OMP Act, above n 16, Section 2(a),(c). OMP Act, above n 16, Section 12(i). OMP Act, above n 16, Sections 12(c)(iii),(v) A/HRC/42/40/Add.1 The office is yet to draw up a policy on its role during an accountability process and how evidence shall be preserved for such purposes. Regardless, the Office stated that it is

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