Recommendations A/HRC/33/51/Add.2 Measures taken/current situation Situation during the visit A/HRC/33/51/Ad d.2 and impartiality of all those involved in the mechanism; Or http://www.itjpsl.com/assets/press/The-case-against-Sisira-Mendis-final.pdf (f) Bring to trial all cases of enforced disappearance, regardless of the author and the time when they were committed; ICJ Only a handful of cases of enforced disappearances cases have reached trial stage. Emblematic cases such as the disappearance of Prageeth Eknaligoda and the abduction of the 11 Youth in 2008/09 too have been stalled at various stages of the trial. None have been concluded.97 The culture of impunity in Sri Lanka is so pervasive that there has not been a significant change in the willingness and the capability of the existing State apparatus to ensure accountability for cases of enforced disappearances and other HR violations. https://www.icj.org/wp-content/uploads/2013/01/ICJ-Srilanka-Report.pdf (g) Ensure that prosecutors and courts have the capacity to handle all cases of enforced disappearance; OMP Lengthy delays in the criminal justice system have had an impact on the investigations and prosecutions including in cases involving abductions and arbitrary deprivations of liberty. Under the Enforced Disappearances Act, the jurisdiction to conduct prosecutions of enforced disappearances lies exclusively with the Colombo High Court.98 In order to address the large volume of cases it may be necessary to expand the jurisdiction to conduct prosecutions of enforced disappearances. Further at the investigation stage, where a case requires the excavation of a suspected grave site, the excavation is carried out by a Judicial Medical Officer under the direction of a Magistrate having relevant territorial jurisdiction. As noted in response to recommendation 82(f), in order to address the specific challenges associated with investigating human remains related to enforced disappearances, it may be necessary to strengthen the capacity and resources available to Magistrates to conduct such inquiries. Level of implementation and observations (to be completed by the WGEID) The Working Group is extremely concerned by information according to which it remains the case that only a few emblematic cases have reached the trial stage and none have concluded. It calls for urgent efforts to bring to trial all cases and to address the culture of impunity. The Working Group is concerned by information according to which only the Colombo High Court has jurisdiction to prosecute enforced disappearances cases. Given the large number of potential cases, it calls for jurisdiction to be expanded and to ensure that there is capacity to handle all cases. ICJ 73 98 Centre for Policy Alternatives, A glance at seven emblematic cases, March 2019, https://www.cpalanka.org/wp-content/uploads/2019/03/FINAL-A-Glance-at-SevenEmblematic-cases-.pdf Enforced Disappearances Act, above n 15, Section 6(1). A/HRC/42/40/Add.1 97

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