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Ten human rights groups demand immediate release of lawyer Hejaaz Hizbullah

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A collective of 10 human rights groups including the Human Rights Watch (HRW) and Amnesty International have called for the release of lawyer Hejaaz Hizbullah and several others currently detained under the Prevention of Terrorism Act (PTA).

Expressing their concern over the detention of Hizbullah, the organizations said in a joint statement that in the absence of any credible evidence presented before a court of law, Hizbullah should be released immediately and unconditionally.

They claimed that provisions in the PTA have been used in the past to prevent and effectvely punish the exercise of freedom of expression, particularly by critics of the government, including journalists.

“We express deep concern over the continued detention of lawyer and minority and civic rights activist Hejaaz Hizbullah, who has been held under the PTA for 15 months. He was arrested on April 14, 2020 under the PTA. He was accused by the police of aiding and abetting Inshaf Ahamed (who was involved in the April 21, 2019 bombings), an accusation that has since been withdrawn. Since Hejaaz Hizbullah has been in detention the allegations against him have changed several times and his detention has been extended for over 15 months, the statement said.

 

It further said:

“The latest allegation on which an indictment was filed against Hejaaz Hizbullah in the High Court on February 18, 2021, is a speech-related offence of “causing communal disharmony,” one of a number of overly broad offences provided under the PTA. The indictment is based on a statement to the Criminal Investigation Department of the police made by a child regarding a speech allegedly made by Hizbullah in Puttalam. Other children who were questioned at the same time by the same officers filed fundamental rights cases claiming they were coerced by police officers to falsely implicate Hejaaz Hizbullah. Combined with the repeated changes in the allegations, this leads us to believe the allegations against him are unsupported by any credible evidence.

“The PTA allows for the prolonged incarceration, based on mere suspicion, of any person who “causes or intends to cause commission of acts of violence or religious, racial or communal disharmony or feelings of ill-will or hostility between different communities or racial or religious groups.” The same provision has been used in the past to prevent and effectively punish the exercise of freedom of expression, particularly by critics of the government, including journalists.

“Hejaaz Hizbullah is a vocal critic of the government. He is a minority rights advocate in a climate increasingly hostile to Sri Lanka’s religious and ethnic minorities. He is also one of the lawyers who challenged the dissolution of the parliament in 2018 in the Sri Lankan Supreme Court. Since the Sri Lankan authorities have so far been unable to show any evidence of wrongdoing, it appears he is being targeted solely for exercising his right to freedom of expression. We call for Hejaaz Hizbullah’s immediate release and for the charges against him to be dropped.

“Since the time of his arrest, Hejaaz Hizbullah has been repeatedly denied the right to due process safeguards recognized by international law. He was not informed of the reason for his arrest and has been held in prolonged administrative detention without judicial oversight to monitor his wellbeing, and  without access to bail. While in police custody he was prevented from accessing his legal counsel in private until an order was issued  by the Court of Appeal. In February, he was charged and moved to judicial remand custody, where he was able to speak with his family for the first time in 10 months.

“Thereafter visitation rights were restricted, and he has not been allowed any access to his family or counsel since April 2021. Under international human rights law, particularly under article 9 of the International Covenant on Civil and Political Rights (ICCPR) to which Sri Lanka is a state party, all detainees have a right of reasonable access to their family and lawyers.

Hejaaz Hizbullah is one of many people detained for inordinate lengths of time without due process under Sri Lanka’s draconian counterterrorism laws. In a study published in December 2020, the Human Rights Commission of Sri Lanka found that many PTA prisoners were in remand for up to 15 to 20 years. This is an abuse of detainees held under the PTA and is a flagrant violation of the right to liberty and the right to a fair trial, as protected under articles 9 and 14 of the ICCPR. Many PTA detainees have also been allegedly tortured or ill-treated in custody.

“We are deeply concerned by Sri Lanka’s continuing use of the PTA to enable arbitrary detention, despite commitments made to repeal the Act. The government of Sri Lanka should:

• Guarantee the protection of the human rights of all PTA detainees including guarantees of due process and a fair trial, and protection from arbitrary arrest, detention, torture or other ill-treatment, including;

Immediately review the detention of those held under the PTA, ensuring adequate access to fair bail hearings, and immediate release for all those not facing internationally recognizable charges;

Ensure that all PTA detainees have regular access to legal counsel on a confidential basis and to family members and friends at regular intervals;

 

Ensure the right to a fair trial, including pre-trial rights, of those accused under the PTA;

 

• Repeal the PTA and issue an immediate moratorium on its use; and

• Facilitate access to effective remedies and reparations to those whose human rights have been violated due to the use of the PTA.

 

The statement was issued by:

• Amnesty International

• Article 19

• Asian Forum for Human Rights and Development (FORUM-ASIA)

• CIVICUS: World Alliance for Citizen Participation

• Front Line Defenders

• Human Rights Watch

• International Bar Association’s Human Rights Initiative

• International Commission of Jurists

• International Movement Against All Forms of Discrimination and Racism (IMADR)

• International Working Group on Sri Lanka

• Sri Lanka Campaign for Truth and Justice



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Navy divers restore sluice gate of Bomburuella Reservoir

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The Sri Lanka Navy successfully conducted a diving operation on 19 Jan 26 to inspect and restore the sluice gate of the Bomburuella Reservoir.

Acting on a request from the Department of Irrigation, the Sri Lanka Navy deployed a specialized diving team from the Western Naval Command, for the urgent requirement.

Through concerted effort, the Navy divers successfully cleared accumulated debris, including a significant quantity of wooden fragments, which had impeded the sluice gate mechanism.

 

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PM holds High-Level meetings with EU, UNDP, and corporate leadership at World Economic Forum

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Prime Minister Dr. Harini Amarasuriya held a series of high-level bilateral meetings on Wednesday [January 21] on the sidelines of the World Economic Forum in Davos, Switzerland, engaging with representatives of the European Union, the United Nations Development Programme, and the global private sector.

The Prime Minister met with Hadja Lahbib, European Commissioner for Preparedness and Crisis Management. During the meeting, she expressed Sri Lanka’s appreciation for the support extended by the European Union and its member states following Cyclone Ditwa. The Prime Minister also briefed the Commissioner on the key findings of the World Bank’s GRADE report and requested continued EU support for Sri Lanka’s development and recovery efforts.

Prime Minister Amarasuriya also met with Alexander De Croo, representing the United Nations Development Programme. She expressed appreciation for the longstanding partnership between Sri Lanka and the United Nations and acknowledged the UN’s support in flood relief and livelihood assistance. The Prime Minister noted that, following the mandate received at the parliamentary election, the government is focused on meeting public expectations through national rebuilding grounded in public trust and good governance. She further reaffirmed the Government of Sri Lanka’s commitment to strengthening social protection systems and safeguarding vulnerable communities.

In addition, the Prime Minister met with Robert M. Uggla, Chairman of A.P. Moller Holding. The discussion focused on engagement with the private sector and potential areas of collaboration.

These meetings reflected Sri Lanka’s continued engagement with international partners and global stakeholders to support recovery, development, and long-term economic stability.

[Prime Minister’s Media Division]

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Opposition slams sitting HC judge’s appointment as Justice Ministry Additional Secretary

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Prof. Peiris

… alleges Prez trying to control judiciary

Opposition grouping ‘Mahajana Handa’ has accused President Anura Kumara Dissanayake of trying to exercise control over the judiciary by appointing a sitting High Court judge as Additional Secretary to the Justice and National Integration Ministry.

Addressing the media at Dr. N. M. Perera Centre, Punchi Borella, on Tuesday (20) top Opposition spokesman and former External Affairs Minister Prof. G. L. Peiris warned the High Court judge D.M.D.C. Bandara’s appointment was nothing but a direct executive intervention in the judiciary.

Responding to The Island queries, Prof Peiris asked how the government could compel courts to deal with a sitting judge who functioned as Secretary to the Justice and National Integration Ministry.

Prof. Peiris explained that the latest move by the Executive should be examined taking into consideration the attacks on Attorney General Parinda Ranasinghe Jr, PC., the deliberate delaying of the appointment of Auditor General and the controversy over the process of promotions of Judicial Officers, Judges of the High Court and the Court of Appeal in Sri Lanka. Prof. Peiris pointed out that the Bar Association of Sri Lanka (BASL) had raised those controversial promotions with President Anura Kumara Dissanayake.

D.M.D.C. Bandara, Senior Assistant Secretary, Judicial Service Commission, was among altogether 18 High Court judges appointed by President Dissanayake in early Sept this year. The group consisted of 17 Special Class Judicial Officers and a Senior State Counsel serving in the Attorney General’s Department.

Referring to a recent meeting ‘Mahajana Handa’ representatives, including him had with the Mahanayake theras of the Asgiriya and Malwatta Chapters in Kandy, Prof. Peiris said that they had received the blessings of the Mahanayakes to go ahead with what he called a programme of action meant to address major issues.

Prof. Peiris said they would initiate talks with other like-minded political parties and groups in this regard soon. Referring a protest held at the Hulftsdorp on Wednesday (21) demanding the removal of the AG Ranasinghe, Prof. Peiris emphasized that the government’s hand in that demonstration was very clear. President Ranil Wickremesinghe appointed him as the AG in July 2024 with the unanimous backing of the Constitutional Council.

Prof. Peiris said that action was yet to be initiated to appoint new civil society representatives to the Constitutional Council. That issue hadn’t received sufficient public attention, Prof. Peiris said, urging President Dissanayake to come down from his high horse.

Asked whether the President could appoint a sitting judge as an Additional Secretary to a Ministry without consulting the Chief Justice and President of the High Court Judges Association, sources familiar with the issues at hand said that certain appointments could be made on secondment. However, that has to follow the proper procedure, sources said.

The Island sought a response from the Justice and National Integration Ministry to the accusations made by Prof. Peiris on behalf of ‘Mahajana Handa,’ but did not receive one until this edition went to press.

By Shamindra Ferdinando ✍️

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