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) The ICJ has been monitoring the situation of human right and rule of law in Sri Lanka for decades and it is evident that the culture of impunity is so pervasive; there has not been a significant change in the past four years in the willingness and capacity of the existing State apparatus to ensure accountability for cases of enforced disappearances and other HR violations. ICJ reports in 2010 (https://www.icj.org/icj-releases-report-documenting-the-history-ofimpunity-for-human-rights-violations-in-sri-lanka-2/) 2012 (https://www.icj.org/wpcontent/uploads/2013/01/ICJ-Srilanka-Report.pdf) and 2017 (https://www.icj.org/failure-tocriminalize-enforced-disappearance-a-major-obstacle-to-justice-in-south-asia-new-icjreport/) highlight the persistent crisis of impunity in post-war Sri Lanka. (h) Investigate the material and intellectual authors of such crimes, as well as those hierarchically accountable under the principle of command responsibility; (i) Carry out all investigations, prosecutions and judicial proceedings in accordance with the principle of due diligence, taking into account the complexity of the enforced 99 ICJ As noted above, only a few cases of enforced disappearances have progressed to investigation and prosecution stages and there is an evident reluctance to hold those responsible based on the principle of command responsibility. The Working Group regrets that this recommendation has not been implemented. In the case of the abduction of eleven youth in and around Colombo, Navy Commander Wasantha Karanagoda was named as 14th suspect only in 2019, despite the CID informing Colombo Fort Magistrate of his involvement in August 2017. Moreover, in spite of the CID informing the Magistrate that he is at flight risk, the Supreme Court entertained his Fundamental Rights Application (seeking an interim order preventing him from arrest). It must be noted that a fundamental rights petition in this manner is in fact contrary to the ordinary process of obtaining an anticipatory bail from the Magistrate Court in line with the provisions of the Bail Act.99 Government The Judicial Officers and the Prosecutors under the Attorney General’s Department of Sri Lanka adhere to best practices in the conduct of investigations, prosecutions and judicial proceedings. The information provided in relation to other recommendations indicates that the principle of due diligence is not being fully respected in the few cases that are the subject of judicial proceedings. M. A. Sumanthiran, The Continuing Culture of Impunity: The Karannaagoda Case, Sri Lanka Brief 16 March 2019, http://srilankabrief.org/2019/03/continuingculture-of-impunity-the-karannagoda-case-m-a-sumanthiran A/HRC/42/40/Add.1 74 Recommendations A/HRC/33/51/Add.2