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
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