A/HRC/42/40/Add.1
there being serious allegations of gross violations of international human rights and
humanitarian law against him and soldiers under his command, including enforced
disappearances1.
11.
The Working Group urges urgent action to ensure that all cases of enforced
disappearance, regardless of the author and the time when they were committed, are
promptly investigated and brought to trial. In this context, it is also vital to ensure
witnesses are fully protected. The Working Group calls on the Government to further
amend the Assistance to and Protection of Victims of Crime and Witnesses Act to
incorporate better safeguards in line with international standards and hopes that the
OMP, which is empowered to create its own victim and protection unit, will promptly
establish one which is well-resourced, effective and independent.
12.
The Working Group is also concerned by allegations of new cases of enforced
disappearance of short duration in order to extract bribes. The Working Group calls
on the Government to also urgently investigate these cases and prosecute those
responsible.
13.
With regards to mass graves, the Working Group notes that the excavation of
Mannar mass grave site is continuing. However, it is concerned that the
reinvestigation of the Matale mass grave has been stalled, that it does not appear that
proactive efforts have been made to investigate other suspected mass grave sites and
by information that, in some sites, vital evidence found during construction and other
activities is not being reported to the authorities. As these may be key to establishing
the fate and whereabouts of some of the disappeared, the Working Group calls for
efforts to be stepped up with regard to other possible sites. In this regard it reiterates
its recommendation on the creation of a skilled special unit to probe into the locations
of other possible mass graves and the further strengthening of forensic capacities.
14.
The Working Group welcomes significant improvements to the legislative
framework on enforced disappearance, in the form of the International Convention
for the Protection of All Persons from Enforced Disappearance Act, No. 5 of 2018
which makes enforced disappearance a separate offence and includes various modes
of criminal liability and command responsibility. It notes the importance of ensuring
enforced disappearance is recognised as a continuing crime to which amnesties,
immunities or the statute of limitations cannot be applied. It also calls on the
government to ensure the draft Counter Terrorism Act is fully in conformity with the
international obligations of the state.
15.
While also welcoming Sri Lanka’s ratification of the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Working Group regrets that the Rome Statute and the Additional
Protocols to the Geneva Conventions have not been ratified. It further regrets that Sri
Lanka has not recognized the competence of the Committee on Enforced
Disappearances to receive and consider communications from or on behalf of
individuals subject to its jurisdiction under article 31 of the Convention.
16.
The Working Group welcomes the introduction of certificates of absence for
family members of the disappeared, and the information received from the
Government that families holding certificates will receive a grant of 6000 Rupees per
month from October 2019. The Group encourages further efforts to ensure the full
recognition of the certificates and to ensure that all families of disappeared persons
are able to access appropriate social and medical measures.
17.
The Working Group welcomes the creation of a task force on mental health
and the aforementioned efforts by the OMP to develop a psychosocial responsiveness
strategy and hopes that programmes can quickly be established. It also hopes that the
1
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24923&
LangID=E.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents