A/HRC/42/40/Add.1
commissions of inquiry and hopes the cases can be promptly transferred and recorded
in the OMP’s case load. The Working Group notes though that further steps are
needed to fully meet the recommendations made in relation to the OMP. In particular,
the Working Group is concerned at information that the OMP has faced hurdles,
which have limited its ability to acquire the necessary resources and to recruit staff
in a timely manner. It urges the Government to ensure the OMP is fully recognised
by all state agencies as an independent commission, that staff recruitment can proceed
promptly, that the technical complexity of the mandate is taken into account in
staffing and recruiting regulations. Sufficient funds should be allocated and should
not be vulnerable to being diverted. It also notes that some families remain sceptical
of the Office and encourages further efforts to reach out to all affected families
throughout the country, as well as those living abroad and hopes the further regional,
sub-regional and mobile offices planned, as well as the psychosocial responsiveness
strategy, can be promptly operationalised. It will also be important that the powers
granted to the OMP are effectively implemented in practice.
7.
The Working Group regrets that neither a judicial accountability mechanism
nor a truth seeking mechanism have been created. It re-iterates the importance of the
swift establishment of both mechanisms. With regards to the judicial mechanism, it
highlights the importance of integrating international judges, prosecutors, lawyers
and investigators. While noting that draft legislation on a future truth commission
was presented to the Cabinet, it regrets that draft has not yet been made public or the
subject of consultations and that no information was provided on most
recommendations related to the body in relation to the inclusion of civil society, a
vetting process for Commissioners as well as the Commission’s envisaged resources,
capacities and powers.
8.
The Office for Reparations has recently been established and funds have been
included in the 2019 to support families of the disappeared as a form of interim relief.
The Group reiterates its recommendation to develop, as a matter of urgency, a
national reparations policy taking into account the specific needs of women and
children, as well as a national resettlement policy. The educational needs of the
children of disappeared persons should also be prioritised as recommended.
9.
The Working Group welcomes information according to which a circular was
issued by the Acting Inspector General of the Police to all senior police officers
regarding threats, intimidation and harassment, with specific reference to the WGEID
recommendation after the country visit. It also welcomes information that a media
statement was issued in 2018 providing information on complaints mechanisms. The
Group also notes that the Army, Navy, Air Force and Police have reiterated their
commitment to preventing any form of threats, harassment and intimidation.
However, the Working Group notes that civil society organisations do not appear to
be aware of such commitments and is extremely concerned by continuing reports of
surveillance, threats, intimidation, harassment of relatives of the disappeared and
calls on the Government to take urgent action to address these, including investigation
of previous and new cases and the prosecution of perpetrators.
10.
The Working Group further observes that there remains a climate of impunity
in Sri Lanka and a lack of actions envisaged to address this. The Working Group is
concerned by the slow pace of criminal investigations, in particular that it remains
the case that only a few emblematic cases have reached the trial stage and none have
concluded. It is also very concerned by an alleged incident of obstruction by the
Office of the Attorney General in the investigation of a case and information that the
armed forces continue to intervene in ongoing cases and have delayed or provided
inaccurate information in court proceedings. It further notes worrying information
received according to which some individuals suspected of having been involved in
the commission of enforced disappearances and related offences are being permitted
to remain in positions of power including within the armed forces and the police. In
this regard, it expresses serious concern at the appointment of Lieutenant-General
Shavendra Silva as Commander of the Sri Lankan Army in August 2019, despite
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