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) The North East Coordinating Committee in its submission to the 40th session to the UNHRC stated that lawyers representing some families of the disappeared being monitored and intimidated by State, military or police intelligence during and after hearings of such cases.105 (o) Adopt legislation to grant more powers to magistrates to ensure the effectiveness of habeas corpus. Magistrates should assume a proactive role in habeas corpus proceedings in order to adopt and carry out all the effective measures necessary to protect a person who allegedly disappeared and secure his or her appearance. Paragraph 56 Government In view of the provisions of the Constitution of the Democratic Socialist Republic of Sri Lanka, jurisdiction to grant and issue writs of habeas corpus is vested with the Court of Appeal of Sri Lanka. OMP With respect to habeas corpus applications the OMP has advocated two reforms. In its Interim Report the OMP observed that there is an inherent conflict of interest with the Attorney General’s Department being required to act as both the prosecutor of alleged enforced disappearances, as well as to defend the respondents in legal proceedings including in relation to habeas corpus writs. The OMP is of the view that in habeas corpus applications the Attorney General’s Department should not represent the interests of persons who are alleged to be perpetrators but rather should represent the interests of the state in a manner that would respect, secure and advance the fundamental rights of the people. Further the OMP observed that the establishment of the OMP has been raised as a technical objection in habeas corpus applications. The OMP made specific recommendations to the Attorney General’s Department to review its position with respect to habeas corpus applications involving abductions and to refrain from raising technical objections related to the establishment of the OMP. The OMP is currently engaging with the Attorney General’s Department to implement these recommendations. The Working Group regrets that no steps have been taken to give magistrates more powers to ensure the effectiveness of habeas corpus and encourages the government to implement this recommendation. Amnesty Amnesty International is unaware of new efforts on this front. 105 North East Coordination Committee, UN Adopt a New Resolution on Sri-Lanka to Promote Democracy, Equal Treatment, Justice, Non-recurrence and Human Rights, March 2019 http://srilankabrief.org/wp-content/uploads/2019/03/NECC-SriLanka-to-40-th-Session-of-the-UNHRC-February-2019-English-2.pdf A/HRC/42/40/Add.1 78 Recommendations A/HRC/33/51/Add.2