The OMP is of the view that the criminalisation of enforced disappearances under domestic law remains inadequate. It recommends further amendments to the Enforced Disappearances Act to expressly recognise enforced disappearances as a crime against humanity. It requests to repeal and reform provisions of the Prevention of Terrorism Act which permit prolonged detention of individuals without judicial review.
“Some individuals suspected of having committed enforced disappearances and related offences are being permitted to remain in positions of power—especially within the armed forces and the police—where they can influence the progress of an investigation. There have been instances where members of the armed forces, who were willing to provide information on disappearances, were subject to harassment. OMP notes that under relevant regulations as well as the rules and established practices it is reasonably expected for such suspected officers to be suspended from exercising the duties and functions of their office,” the report states.
“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,” it added.
It also recommends designating a National Day for the Disappeared. Further it recommends preserving mass grave sites as memorial spaces after excavations and restoring ‘Ahinsakaramaya’ –Memorial for the Innocents-in Battaramulla.