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Enforced disappearance: Bill holds superiors also accountable for the crime
The Bill, to be enacted shortly, to give effect to the International Convention for the Protection of All Persons from Enforced Disappearance, provides for the sanctioning of superiors who, by commission or omission, are party to such crimes.
The Law also provides for the extradition of a person, including those holding citizenship of other countries with which Sri Lanka has extradition treaties and are signatories to this Convection, to stand trial for acting in violation of the provisions of this Act.
The International Convention for the Protection of All Persons from Enforced Disappearance Bill was published in the Government gazette on the order of the Prime Minister this week, and comes just ahead of the 34th session of the UN Human Rights Council (UNHRC) where Sri Lanka is on the agenda. The Council will meet from February 27- March 24, with Minister for Foreign Affairs Mangala Samaraweera slated to address the Council on February 28.
The provisions of the Bill are in keeping with the recommendations of the UN Working Group on Enforced or Involuntary Disappearances which, in its report, submitted to the 33rd session of the UNHRC last July, after its visit to the country, recommended that the Government adopt comprehensive legislation on Enforced Disappearances without delay.
It recommended that the Government make Enforced Disappearance a separate offence consistent with the definition contained in the Declaration on the Protection of All Persons from Enforced Disappearance, and punishable by appropriate penalties that take into account its extreme seriousness.
Under the provisions of the Act, any public officer or, anyone acting with the authorisation, support or acquiescence of the State, arrests, detains, wrongfully confines, abducts, kidnaps, or, in any other form, deprives any other person of such person’s liberty, refuses to acknowledge such action or, fails or, refuses to disclose the present whereabouts of such other person, shall be guilty of an offence. The Bill also prohibits the holding of any person in secret detention with all detainees having the right to communicate with and be visited by his relatives, an attorney or, any other person of his/her choice.
The law enforcement authorities and the Sri Lanka HRC will also have access to the places where persons are kept in confinement without their consent.
The Colombo High Court will have exclusive jurisdiction to try those charged with offences under this Act.
Punishment upon conviction by the High Court, of an offence under this Act, will range from imprisonment of up to 25 years, as well as payments of fines of up to Rs 1 million, as well as liability to pay up to Rs 500,000 as compensation to the victim.
Sri Lanka signed the International Convention for the Protection of All Persons from Enforced Disappearance in December 2015, and ratified it in May 2016. The Bill will give legal effect to Sri Lanka’s obligations under the Convention.