MR writes to Mahasanga on OMP

Days after President Maithripala Sirisena signed the Office of Missing Persons Act, former president Mahinda Rajapaksa has written to the Mahasanga saying this was one of several institutions the yahapalana government had agreed to set up to ‘deal with the past’ in terms of the UNHRC Resolution 30/1 of October 14, 2015.

“Under section 13(1)(i) of the Act, the information gathered by the OMP can be referred to the relevant law enforcement or prosecuting authorities,” he said in the statement.

“Even though the body to be set up under this law is referred to as an ‘office’, Section 12 of the OMP Act makes it clear that it will in actual fact be a tribunal which can receive complaints, carry out investigations, examine witnesses, issue summons and hold hearings. Its officers can enter without warrant at any time of the day or night any police station, prison or military installation and seize any document or object they require. Anyone who fails or refuses to cooperate with the OMP may be punished as if it were an act of contempt against the Court of Appeal.

Section 21 of the Act empowers the OMP to receive funding from any source local or foreign. Hence this body can receive funding from foreign governments, international NGOs and even from pro-LTTE Diaspora organisations that have not been banned.

Section 12 (c) (iii) of the Act allows the OMP to admit as evidence any statement or material disregarding all criteria laid down in the Evidence Ordinance. Disregarding the Evidence Ordinance will result in the common safeguards available even to the accused in ordinary criminal courts in this country being denied to those brought before the OMP.

Under Section 12(e) of the Act, all government bodies including the armed forces and intelligence services have to submit all required information and documents to the OMP even in contravention of the Official Secrets Act.

According to Section 15 of the Act, no court, not even the Supreme Court can order officers of the OMP to submit to courts any material communicated to them in confidence. The provisions of the Right to Information Act will also not apply to the Office of Missing Persons.

Under Section 25 of the Act, all officers of the OMP have been granted complete immunity from civil and criminal liability for any act or omission on their part or the contents of any report they may publish. Nothing that the OMP does can be called into question by any court of law except the Supreme Court under Articles 126 and 140 of the constitution. However, as the OMP can withhold information under Section 15 of the Act, there will be no practical use in moving even the Supreme Court against the OMP.