A/HRC/22/38
26.
In its statement on its review during the fourteenth session of the universal periodic
review, the Government stated that the Registration of Deaths (Temporary Provisions) Act,
No. 19 of 2010 envisages the issuance of death certificates to next of kin and the families of
the missing to claim monies due to them. Noting this Act, the Secretary-General’s Panel of
Experts, in its report, stated, however, that:
Issuance of a death certificate following an administrative process is not a substitute
for a bona fide investigation into the circumstances of an individual’s death, which
meets international standards. It is also crucial to ensure that a relative’s acceptance
of a death certificate does not lock the individual into a definitive legal position that
precludes any further legal recourse in the future. 17
27.
Regarding enforced disappearances, the Commission recommended that a special
commissioner of investigation be appointed and supported by experienced investigators to
investigate alleged disappearances and to provide the Attorney General with material for
further action (para. 9.51). Although the Government incorporated this recommendation
into the national plan of action, it did not commit to the establishment of a new mechanism
and has opted to rely primarily on the existing system as provided in the Code of Criminal
Procedure, which to date has failed to resolve such cases. The Government also reported
that a working committee had been appointed, led by a deputy inspector general, to respond
to cases of disappearances and to conduct ground verifications of such cases to ascertain
their current status.
28.
The Commission strongly recommended that domestic legislation be framed to
specifically criminalize enforced disappearances (para. 9.59), which the Government
undertook in the national plan of action to examine. It should be noted that the Working
Group on Enforced or Involuntary Disappearances (in 1999), the Human Rights Committee
(in 2003) and the Committee against Torture (in 2011) all recommended that Sri Lanka
criminalize disappearances.18 At its review during the second session of the universal
periodic review, the Government of Sri Lanka also accepted recommendations to “adopt
measures to investigate, prosecute and punish those responsible for serious human rights
crimes such as enforced disappearances, in accordance with international norms and in a
transparent manner.”
29.
Concerted action on this issue is particularly critical given the continuing recurrence
of cases of enforced disappearance since the end of the armed conflict. As at November
2012, the Working Group on Enforced or Involuntary Disappearances had 5,676 cases of
enforced or involuntary disappearance in Sri Lanka still outstanding. At the fourteenth
session of the universal periodic review, the Government pointed out that more than 4,000
of the said cases related to the pre-1990 period, while another 1,089 belonged to the period
between 1991 and 2005. The Government added that an inter-agency mechanism was being
established to clear the backlog of cases with the Working Group;19 however, the period
from the last quarter of 2011 to mid-2012 witnessed new reports of abductions and
disappearances, including of political activists,20 as well as politicians and their family
members.21 During that period, there were also reported cases of abducted persons being
17
18
19
20
21
Report of the Panel of Experts, paras. 392 and 395.
E/CN.4/2000/64/Add.1, para. 63; CCPR/CO/79/LKA, para. 10; CAT/C/LKA/CO/3-4, para. 9.
In the past two years, the Government has provided responses on 159 cases for consideration by the
Working Group.
Affiliated with the Frontline Socialist Party, previously the People’s Struggle Movement.
The Urban Council Chairman of Kolonnawa, his brother, the brother-in-law of a Government
minister and the son of a former provincial councillor.
9
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