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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