that integrates international
judges,
prosecutors,
lawyers and investigators;
Measures taken/current situation
Level of implementation and
observations (to be completed
by the WGEID)
Also facilitated the visit of Judge Motoo Noguchi on said framework. Sensitization sessions
on the need for accountability is planned to be conducted via the support of the Japan
International Cooperation Agency (JICA)
included in any mechanism. It
emphasises the importance of
following a hybrid approach, as
recommended after the visit,
given information received on
the continuing systemic inability
and unwillingness to investigate
and prosecute cases and
persisting impunity within Sri
Lanka.
Situation during
the visit
A/HRC/33/51/Ad
d.2
OMP
Sri Lanka is yet to establish a special judicial accountability mechanism. Enforced
disappearances and related crimes are currently being investigated and prosecuted by the Sri
Lanka Police and the Attorney-General’s Department before the Magistrates Courts and
High Courts. In its Interim Report the OMP reiterated the concerns expressed by previous
commissions of inquiry and the Consultation Task Force that systemic inability and
unwillingness to investigate and prosecute cases, particularly where credible evidence of
violations exist have enabled enforced disappearances to be met with persistent impunity.88
There are number of cases before different courts, some of which have continued for ten
years or more, where victims have not been provided any answers as to the whereabouts of
their loved ones.89 The OMP observed in its Interim Report, that a number of previous
commissions of inquiry and the Consultation Task Force have made important
recommendations to address structural challenges within the existing system, including by
establishing an independent human rights prosecutor.90 Further under Human Rights Council
Resolution 30/1, the Government committed to establishing a special judicial mechanism.91
Further see responses to recommendations 78(d), (h).
Amnesty
Amnesty International is unaware of efforts on this front.
CRRPH Trinco
Accountability mechanism is yet to be established.
The Government is not so keen in establishing this mechanism as well even a local mechanism
for accountability.
Government continues to deny that any crimes committed.
88
89
90
91
OMP Interim Report, above n 2, para 27.
OMP Interim Report, above n 2, para 29.
OMP Interim Report, above n 2, para 31.
OMP Interim Report, above n 2, para 31; Human Rights Council Resolution 30/1 Promoting Reconciliation, Accountability and Human Rights in Sri Lanka, UN
Doc.A/HRC/RES/30/1 (14 October 2015) para 6.
A/HRC/42/40/Add.1
68
Recommendations
A/HRC/33/51/Add.2
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