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)
ITJP
Maj Gen Mohanti Peiris was the Legal Director for the Army at the time of the commission
of most of the disappearances. Many argue this could give rise to the appearance of a conflict
of interest since she would have advised the Army Commander of the time on his response to
the allegations regarding for example hundreds of LTTE cadres and their family members
(including at least 29 children) who disappeared on/around 18 May 2009 in Army custody.
(b) Ensure that the relevant
information
generated
through previous truthseeking mechanisms is
adequately compiled and
formally analysed as a
starting
point
to
determining the fate or
whereabouts
of
the
disappeared and supporting
the
investigation
and
prosecution of alleged
perpetrators; make public
and easily accessible all of
the reports of previous
truth-seeking mechanisms
and
commissions,
including interim reports
and other material that had
been withheld;
Paragraph 32, 44
OMP
As stated in response to recommendation 82(a), the OMP has initiated the process of
accessing the records of past commissions of inquiry. The OMP acknowledges its duty to
avoid re-traumatising and causing distress to families and plans to use information obtained
through existing records to implement its mandate including to develop a national database
of missing and disappeared persons; trace for missing and disappeared persons; and to
facilitate judicial remedies for missing and disappeared persons.
The reports of several past commissions of inquiry are publicly available on the website of
the Secretariat for Coordinating Reconciliation Mechanisms.78 However, the OMP observes
that the final and interim reports of a number of commissions of inquiry are yet to be made
publicly available.
Amnesty
Amnesty International is not aware of any proactive efforts in this regard.
ICJ
In paragraph 11 of its interim report, the OMP stated that the Office will take on the critical
role of compiling the multiple lists of the missing and disappeared from State agencies,
commissions and civil society and developing a centralised list for its work and interventions
of other agencies and institutions.
The OMP in Paragraph 3.23 of its annual report states that it has created a temporary database
and has begun the process of consolidating different types of data collected from complaints
and the families of the missing and disappeared.
According to the Chairperson of the OMP, the Office has also requested the Director General
of the Department of National Archives to grant access to the relevant records on missing
78
See Secretariat for Coordinating Reconciliation Mechanisms <https://www.scrm.gov.lk/documents-reports accessed> (accessed 29 May 2019).
The Working Group welcomes
information according to which
the OMP is in the process of
compiling records from past
commissions.
It
regrets
information according to which a
number of final and interim
reports of commissions of
inquiry are yet to be made
publicly available and calls for
them to be published without
delay.
A/HRC/42/40/Add.1
58
Recommendations
A/HRC/33/51/Add.2
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents