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

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