BASL fires letter to police chief

By Shamindra Ferdinando

Public Security Minister Tiran Alles yesterday (11) said that there was absolutely no issue with regard to the launch of peaceful political protests. “We haven’t interfered at all with such protests,” Minister Alles said. He however said law enforcement authorities have no option but to deal with violent situations accordingly.The SLPP National List MP said so when The Island sought his views on the current situation in the wake of US Ambassador to Sri Lanka Julie Chung taking up issues relating to ongoing protests, police operations and related matters.

Having met Minister Alles at the Public Security Ministry on August 10, Ambassador Chung tweeted: “Good meeting with Security Minister Tiran Alles today. I reiterated that respect for rule of law and due process are at the heart of any secure democracy. Those basic tenets protect both citizens and their leaders, and ensure security for all.”

The meeting at the Public Security Ministry took place close on the heels of the Bar Association of Sri Lanka (BASL) warning Inspector General of Police C.D Wickremaratne over the operations undertaken by law enforcement authorities targeting protesters.Minister Alles said the meeting had been very cordial. He warned that threats would be dealt with appropriately whereas peaceful protests were acceptable in any part of the country.

BASL President Saliya Pieris, PC, and BASL Secretary Isuru Balapatabendi in a letter dated 09 Aug urged the police chief to ensure his officers and men adhere to Sri Lanka’s international obligations as regards preventive enforced disappearances.Some lawyers have challenged the BASL stand on measures adopted by the government to control protests.

The Public Security Ministry Spokesperson said that the discussion covered several pertinent issues namely the pivotal importance of protecting human rights, duties and responsibilities of law enforcement authorities, ongoing political protest campaign and the need for the government and the NGOs to work together. The spokesperson said that the US Ambassador expressed satisfaction that contrary to claims incidents didn’t take place on August 09.

The following is the text of the BASL’s letter to the IGP: We draw your attention to complaints received by the Bar Association of Sri Lanka (BASL) from its members relating to arrests and detentions being carried out without adherence to due process in a manner akin to abductions.

The Bar Association of Sri Lanka has received complaints from its members and the Colombo Magistrate’s Court Lawyers’ Association on the arrests of persons by police officers dressed in civilian clothing and without possessing any identification.

It is alleged that persons so arrested have been taken away in unidentifiable vehicles and kept for several hours at undisclosed locations. On these occasions no receipts of arrest have been issued nor an opportunity given to the persons arrested to inform relatives, friends or lawyers of their whereabouts. On these occasions they have been deprived of access to Attorneys-at-Law or the Human Rights Commission for a few hours.

In one such instance a suspect named Anthony Veranga Pushpika de Silva had been taken away by persons in civilian clothing and his whereabouts were unknown for six hours. He was eventually found by Attorneys-at-Law to be in police custody. In another instance a suspect named Mangala Maddumage had been taken into custody by two persons in civilian clothing and his whereabouts known only a few hours later. In a third instance a student studying at the Kelaniya University had been abducted and questioned for nearly three hours before being released.

We are also informed that on several occasions Attorneys-at-Law appearing for suspects were not properly informed or given misleading information on suspects in custody and on the time that they will be produced in Courts. These have resulted in them being deprived of legal representation and due process especially when they were produced at the residence of a Magistrate during late hours.

We draw your attention to some of the provisions of the International Convention for the Protection of All Persons from Enforced Disappearance Act, No. 5 of 2018. Section 15 of the said Act provides as follows:

15. (1) No person shall be held in secret detention.

(2) Any person deprived of liberty shall have the right to communicate with and be visited by his relatives, attorney-at-law or any other person of his choice, subject only to the conditions established by written law.

(3) Law enforcement authorities, and the Human Rights Commission of Sri Lanka, shall have access to the places where persons are deprived of liberty.

Section 16 of the said Act states as follows:

16. (1) Any relative of a person deprived of liberty, the representative of a person deprived of liberty or

an attorney-at-law of a person deprived of liberty shall have the right to access the following

information:-

(a) the person or authority that ordered the deprivation of liberty;

(b) the date, time and place where the person was deprived of liberty and admitted to the place of

deprivation of liberty;

(c) the authority responsible for supervising the deprivation of liberty;

(d) the whereabouts of the person deprived of liberty, including, in the event of a transfer to another place of deprivation of liberty, the destination and the authority responsible for the transfer;

(e) the date, time and place of release;

(f) information relating to the state of health of the person deprived of liberty; and It is therefore of utmost importance that police officers carrying out arrests identify themselves at the time of arrest and afford persons so arrested an immediate opportunity to communicate with their relatives, friends or their Attorneys-at-Law of their whereabouts. We request you to ensure that adequate access is given to Attorneys-at-Law and the relatives of such suspects without delay.

Given the numerous instances in the past of persons being subject to arbitrary arrests, arbitrary detentions and enforced disappearances and in consideration of Sri Lanka’s international obligations on preventing enforced disappearances, we call upon you as Head of the Police Department to immediately ensure that all arrests are carried out strictly according to procedures established by law and that instructions are given to all police officers in respect of the above.”