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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