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)
This was observed in the Navy abduction case where a key witness Lieutenant Commander
G. Laksiri was threatened by six navy officers including Chief of Defence Staff Admiral
Ravindra Wijeyagunaratne.96
ITJP
The promotion by the current government of many of those allegedly responsible for enforced
disappearance in the ARMY continues and facilitates continued impunity.
Please see the section on disappearance in our recently (Jan 2019) published dossier on
Shavendra Silva http://www.itjpsl.com/reports/shavendra-silva . Major General Silva has
recently had his retirement date extended. As COAS he is next in line to become Army
Commander.
(d) Ensure that the judicial
accountability mechanism
comprises all stages of the
prosecution and judicial
process and provide access
and information to the
families of disappeared
persons;
(e) Establish a process to
vet all judicial and other
officials of the envisaged
judicial
accountability
mechanism in order to
secure the professionalism,
expertise,
independence
96
OMP
As noted below in response to recommendation 83(m) Sri Lanka’s existing legal framework
provides a number of avenues for family members of victims of crime, including family
members of missing or disappeared persons to participate in the process of investigation and
prosecution. However, in practice family members and the legal representatives of the
families have been subjected to threats and harassment. In one case a legal representative has
been repeatedly attacked via social media and threatening telephone calls. In another case a
legal representative was threatened in a location adjacent to the court house where the case
was being heard.
ICJ
No vetting process has been initiated by the State in this regard.
ITJP
Vetting is a requirement under HRC Resolution 30/1 but has not happened.
The Working Group re-iterates
its regret that the mechanism is
not yet in existence and that
family members continue to face
difficulties
accessing
information.
The Working Group regrets that
there
has
been
no
implementation
of
this
recommendation and that there is
still no vetting process.
See for example http://www.itjpsl.com/reports/the-case-against-jagath-jayasuriya
Key Witness in Navy Abduction case threatened by CDS, Daily FT, 26 November 2018, http://www.ft.lk/news/Key-witness-in-Navy-abduction-case-threatened-byCDS/56-667579
A/HRC/42/40/Add.1
72
Recommendations
A/HRC/33/51/Add.2
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