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)
Sri Lanka guarantees to all its citizens their rights in accordance with the constitutional and
judicial process of Sri Lanka, which is adequately equipped to deal with complex crimes.
(b) Guarantee that criminal
investigations of enforced
disappearances
are
conducted from the outset
by a highly professional
and specialized team of
prosecutors;
Paragraph 50-56
OMP
As noted in response to recommendations 78(d), (h) the OMP has advocated that on-going
cases involving enforced disappearances be given the highest priority. In part owing to the
inadequate criminalisation of enforced disappearances, criminal conduct that could constitute
enforced disappearances are being investigated and reportedly prepared to be prosecuted as
abduction, murder and similar crimes, and the full range of possible perpetrators are not being
investigated or charged for their role in facilitating the crime of enforced disappearance.
Further the OMP is of the view that the State must protect the independence of investigators
and ensure that investigations are not hampered by unwarranted interference. The OMP notes
that at least in one case involving abductions such unwarranted interference has been
observed.
Families of the Disappeared
The ongoing procedure on investigation is little better than last regime. The Police are moving
forward in the inquiries and some progress has been made. But still no one is indicted. We do
not have much hope in getting the justice done for the disappeared.
ICJ
Apart from failing to set-up a separate judicial mechanism with international involvement, no
measures have been taken domestically to set-up a specialised local mechanism. Only a
handful of cases in relation to enforced disappearances have been investigated into so far.
While there have been isolated instances of courageous and persistent work by some
investigators, the general trend indicates a growing culture of impunity where the Sri Lankan
Police, Terrorist Investigation Department and the Criminal Investigation Department have
been influenced or forced to derail certain investigations.
According to the Centre for Policy Alternatives, there have also been a number of cases where
various different actors including JMOs, Police and TID have played an active role in
While welcoming the work of
some investigators, the Working
Group strongly regrets the lack
of
progress
on
this
recommendation as well as
information according to which
there is a growing culture of
impunity and urges urgent action
to address this.
A/HRC/42/40/Add.1
70
Recommendations
A/HRC/33/51/Add.2
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