Office on Missing Persons (Establishment, Administration and Discharge of Functions) Act 2016 · இயற்றப்பட்டவாறு · Part II · Powers, Duties and Mandate of the Omp
12. Powers of Investigation
அதிகாரப்பூர்வ ஆங்கில மொழிபெயர்ப்பு. சிங்கள உரை மேலோங்கும். அதிகாரப்பூர்வ Sinhala உரையைத் திறக்கவும், documents.gov.lk-இல் அதிகாரப்பூர்வ PDF
அதிகாரப்பூர்வ மொழிபெயர்ப்புDepartment of Government Printing-இலிருந்து, மாற்றமின்றி
The OMP shall have the following investigative powers:-
to receive, from any relative of a missing person, or any other person or organization, complaints relating to missing persons, irrespective of when such person may have become a missing person;
to initiate an inquiry and/or investigation into the whereabouts and/or circumstances of disappearance of a missing person pursuant to a complaint made to the OMP or on the basis of information received from previously established Commissions of
Inquiry, Commissions on missing persons or
Commissions which have inquired into allegations relating to disappearances or missing persons:
Provided however, that the OMP may grant priority to-
incidents of missing persons that have occurred most recently;
incidents in which there is substantial evidence already available; or
such incidents that are, in the opinion of the
OMP, of public importance;
9
Office on Missing Persons (Establishment,
Administration and Discharge of Functions)
Act, No. 14 of 2016
to take all necessary steps to investigate cases of missing persons, including but not limited to the following—
to procure and receive statements, written or oral, and to examine persons as witnesses, including video-conferencing facilities;
to summon any person present or residing in
Sri Lanka to be present before the OMP to provide a statement or produce any document or other thing in his possession;
to admit, notwithstanding anything contained to the contrary in the Evidence
Ordinance, any statement or material, whether written or oral, which might be inadmissible in civil or criminal proceedings;
to establish a process to accept confidential information or information in camera, if required, to help ensure personal security for victims and witnesses;
to establish a process to accept information on the condition of confidentiality.
to apply to the appropriate Magistrate’s Court having territorial jurisdiction, for an order of Court to carry out an excavation and/or exhumation of suspected grave sites, and to act as an observer at such excavation or exhumation, and at other proceedings, pursuant to the same;
to request assistance necessary for the achieving of its mandate, from any State, governmental, provincial, or local authority or agency, or any officer thereof. Notwithstanding anything to the
10
Office on Missing Persons (Establishment,
Administration and Discharge of Functions)
Act, No. 14 of 2016
contrary in any other written law or regulation made thereunder, any such authority, agency or officer to which a request for assistance is made by the OMP shall forthwith render such assistance. Such assistance shall include but not be limited to providing information and producing documents in the possession of such authority, agency or officer;
to authorize in writing a specified officer of the
OMP, to enter without warrant, at any time any place of detention, police station, prison or any other place in which any person is suspected to be detained, or is suspected to have previously been detained in, whether by judicial order or otherwise and make such examinations therein or make such inquiries from any person found therein, to ascertain the conditions of detention and retain any documents or objects, as may be necessary;
For the purposes of this paragraph, the Minister assigned the subject of Justice shall make guidelines for the conduct of the search and place it before
Parliament within a period of three months;
The OMP shall inform the Inspector General of
Police within twenty four hours of conducting the search without a warrant;
to make an application to the Magistrate having territorial jurisdiction, for the issuance of a search warrant, to enable Police or specified officers of the
OMP, to search any premises suspected to contain evidence relevant to an investigation being conducted by the OMP, and to examine, make copies of, extract from, seize and retain, any object that is deemed necessary for the purposes of any investigation being conducted by the OMP;
to refer, after due consultation with the complainant, to the police or any other relevant law enforcement
11
Office on Missing Persons (Establishment,
Administration and Discharge of Functions)
Act, No. 14 of 2016
authority all cases of missing persons that have been brought before the OMP not falling within the definition of the expression “missing persons” as defined in this Act;
where it appears to the OMP that an offence within the meaning of the Penal Code or any other law, has been committed, that warrants investigation, the OMP may, after consultation with such relatives of the missing person as it deems fit, in due consideration of the best interests of the victims, relatives and society, report the same to the relevant law enforcement or prosecuting authority: such report will provide information relating to the missing person’s civil status (such as the name, age and gender of the missing person), the place(s) or district(s) in which the missing person was last seen and the date thereof:
Provided that where a witness consents, the OMP may also inform the relevant authority, of the details of such witness, in order to enable such relevant authority to secure a statement from such witness to be used in the process of investigation.
Part III
Secretariat, Tracing Unit, Victims and Witness Protection Division of the Omp
Part IV
Finance
Part V