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 Appropriation Act for 2019 is yet to be passed. However, during his speech Minister of
Finance Mangala Samaraweera assured that the Office will be adequately resourced to support
families of the missing.56
The Chairperson of the OMP raised concerns regarding the independence of the OMP when
it is listed under a Ministry (especially as it has been changed a number of times since its
operationalisation). He stated that the independence of the Office would be better ensured if
it is listed directly under the President or the Prime Minister.
(e) Have the capacity to
subpoena information from
any source and witnesses,
to
enter
any
State
institution, and have free
access to any State archive;
56
57
58
59
60
61
62
OMP
The OMP has a range of powers to obtain information and evidence relevant to its
investigations. The OMP has the power to search any place of detention without a warrant.57
Further the OMP has the power to make an application to a Magistrate to obtain a search
warrant to enable a Police Officer or an officer of the OMP to search any premises suspected
to contain evidence relevant to an investigation.58 The OMP also has the power to summon
any person present or residing in Sri Lanka to be present before the OMP to provide a
statement or produce any document or other thing in his or her possession.59 Further the OMP
has the authority to request the assistance necessary for the achieving of its mandate from any
State, governmental, provincial, or local authority or agency. Notwithstanding anything to the
contrary in any other written law or regulation any such authority, agency or officer is required
under law to provide the assistance requested by the OMP.60 Such assistance shall include but
will not be limited to providing information and producing documents in the possession of
such authority, agency or officer.61 If any person fails without cause to appear before the OMP
pursuant to summons, such person shall be guilty of an offence of contempt against the
authority of the OMP.62 Every offence of contempt committed against the authority of the
The Working Group welcomes
the improvement made
concerning the OMP’s free
access to information and
evidence, and recommends that
the powers be effectively
implemented in practice.
.
Funds allocated in the 2019 budget to strengthen reconciliation, Colombo Gazette, 05 March 2019https://colombogazette.com/2019/03/05/funds-allocated-in-2019budget-to-strengthen-reconciliatio/
OMP Act, above n 16, Section, 12(f).
OMP Act, above n 16,Section 12(g).
OMP Act, above n 16,Section 12 (c)(ii).
OMP Act, above n 16, Section 12(e).
OMP Act, above n 16, Section 12(e).
OMP Act, above n 16, Section 24(1)(a).
A/HRC/42/40/Add.1
46
Recommendations
A/HRC/33/51/Add.2
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