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)
tampering with, concealing and destroying vital evidence in relation to investigations of these
cases.92
(c) Ensure that the armed
forces do not have a role
nor can intervene in the
investigation, prosecution
and trial of these crimes;
OMP
See response to recommendation 78(h).
Amnesty
Armed forces however are also not cooperating with investigations (Prageeth Eknaligoda
case- see Amnesty’s letter to the PM 93 ), deliberately delaying or producing inaccurate
information (as seen in the Mullaithivu case where lists of those who surrendered at the end
of the war have not been produced in court. See Amnesty press release on this94.)
ICJ
The Working Group is extremely
concerned
by
information
according to which the armed
forces continue to intervene in
ongoing cases and have delayed
or
provided
inaccurate
information
in
court
proceedings. The Working
Group calls for the Government
to take urgent actions to address
these allegations.
According to the Centre for Policy Alternatives, the emblematic cases taken up in the recent
past, including the case of the abduction of the 11 youth by Navy Personnel, demonstrates the
clout the military continues to hold in such processes. Not only was the Navy instrumental in
tampering with evidence and evading arrests of suspects but several members of the Navy
refused to cooperate with the investigations undertaken by the CID.
The influence of the military was also evident in the manner the disappearance case of
Journalist Prageeth Eknaligoda panned out, especially at investigation stage and the deliberate
delay at various points of the court proceedings.95
The OMP in paragraph 3.5 of its Annual Report stated that the OMP is concerned regarding
the harassment of armed forces and police who have cooperated with ongoing investigations.
It is evident that apart from failing to cooperate with the investigation of these crimes, there
is active resistance to stifle those who support the process.
93
94
95
Centre for Policy Alternatives, A glance at seven emblematic cases, March 2019, Available at https://www.cpalanka.org/wp-content/uploads/2019/03/FINAL-AGlance-at-Seven-Emblematic-cases-.pdf
https://www.amnesty.org/en/documents/asa37/9734/2019/en/
https://www.amnesty.org/en/latest/research/2018/05/sri-lanka-release-lists-of-the-forcibly-disappeared/
Centre for Policy Alternatives, A glance at seven emblematic cases, March 2019, Available at https://www.cpalanka.org/wp-content/uploads/2019/03/FINAL-AGlance-at-Seven-Emblematic-cases-.pdf
71
A/HRC/42/40/Add.1
92
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents