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)
persons and to digitise them to ensure their long-term preservation. While the Office has
received initial permission from the Presidential Secretariat to access sealed records at the
archives, it is yet to be granted formal approval to begin the process of reviewing and
digitising.
(c) Establish institutional
safeguards to make sure
that the families of
disappeared persons will
not suffer any form of revictimization, including by
ensuring they will not be
requested
to
reiterate
testimonies that they had
already given;
Paragraph 33, 54
Government
In compliance with Code of Criminal Procedure, the new draft of the Protection of Victims
of Crime and Witnesses Bill and the present Act, testimony by audio visual linkage is
provided for from a remote location within or outside Sri Lanka as well as other safeguards.
OMP
See response to recommendations 79(g), 82(b).
Amnesty
The OMP’s mandate under section 12(b) is “to initiate an inquiry and/or investigation into
the whereabouts and/or circumstances of disappearance of a missing person pursuant to a
complaint made to the OMP or on the basis of information received from previously
established Commissions of Inquiry, Commissions on missing persons or Commissions
which have inquired into allegations relating to disappearances or missing persons…”
ICJ
The Working Group welcomes
information on measures being
taken by the OMP to avoid revictimization including ensuring
families are not required to
reiterate testimonies already
given.
Where the OMP is concerned, according to the Chairperson of the OMP, it is working on
digitalising the archives and indexing the files on the missing in a manner that would ensure
that information which has already been provided to State authorities in the past would not be
reproduced by families of the disappeared. The OMP says that it is committed to only asking
for information according to which is missing in existing documents
(d) Be proactive in carrying
out a proper investigation
of existing mass graves and
in identifying new ones;
Paragraphs
43
37-
59
The Working Group notes that
the excavation of Mannar mass
grave site is continuing, and
welcomes information according
to which the OMP is developing
a list of possible and suspected
grave sites, including mass grave
sites. It regrets that it does not
appear that proactive efforts
have been made to investigate
other suspected mass grave sites.
As these may be key to
A/HRC/42/40/Add.1
Government
As a part of its investigative powers, the OMP has the authority to act as an observer at
excavations and exhumations of suspected grave sites and it has been observing the process
of excavation of a suspected mass grave site in Mannar, in the North of Sri Lanka, since June
2018. The OMP provided financial assistance and made recommendations to secure the chain
of custody of skeletal remains and to ensure the participation of the families in the process.
Skeletal remains of 325 bodies were recovered during the investigation carried out for 155
days. Six samples of skeletal remains were sent to the laboratory in Florida for carbon testing
on January 23, 2019. The Carbon dating report from the Beta Analytic Institute of Florida,
USA revealed that the skeletal remains found in the Mannar mass grave dates back to a period
between 1499 and 1719 AD
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