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Supun Ratnayake, 28, a lawyer
in Kandy, was asked
to appear with his client at Peradeniya police for an inquiry
into a land dispute on 20 March 2010. He
reports that he arrived at 11am and was told to wait outside the office by Officer In Charge (OIC) Narampanawa.
After an hour Mr. Ratnayake tried to speak with the OIC and was shouted at by the officer, who told him that he was busy.
After two hours the scheduled inquiry had not been held, the lawyer and his client had not been given any information about
the situation and they left.
It is already difficult for a complainant
to have his or her
report entertained at
police stations in Sri Lanka, particularly if
the report is related
to a human rights
violation. We are now
hearing cases of persons
being ignored even when they hire legal representation. The dismissal of law and procedure in the face of lawyers
is exposing a disturbing and increasing boldness on the part of police, and a further breakdown of authority
within the administration of justice.
This comes at a time in which the Bar Association of Sri Lanka (BASL) is reporting increasing cases of open disrespect
and harassment of lawyers
by police and officials. The issue is becoming one of grave concern in the country and is
affecting clients' rights
to representation. The right of lawyers to represent is still not legally enshrined in Sri Lankan law.
Along with reports by the AHRC regarding
the lack of protection given
to lawyers facing physical threats and assault (such as the cases
of H.T. Amitha Ariyaratne
and H.R.D.G. Mendis or Mr. J.C. Weliamuna and Mr. D.W.C. Mohotti)
the BASL has also highlighted
the increase in harassment
of its members at police stations during
the past few years.
The issue was raised during the recent BASL presidential elections, where lawyers spoke of the growing disrespect for their
profession by the administration and its representatives. Without adequate treatment and
protection, lawyers are not able to bring the often-necessary authority or legal pressure to cases, and Sri Lankans'
right to representation is
being eroded.
SUGGESTED ACTION:
Please write
to the authorities listed
below calling for the
action and attention of authorities on the harassment of lawyers, and
the discipline and punishment of those who abuse them. Please call for the lawyer's right to representation
to be brought into domestic legislation, according to
international legal standards.
Please note that
we have written to
the Special Rapporteur on the independence of judges and lawyers and to the Bar Association of Sri Lanka informing them of this
PLEASE TAKE ACTION NOW
!
Write to
[Your name here]
Your Excellency,
I am
writing to voice my deep concern
regarding the public disrespect
shown to a lawyer in Kandy by a high
police official while trying
to represent his client
at a police enquiry.
This comes at a time
in which the Bar Association of Sri Lanka
(BASL) is reporting
an increase in cases of open disrespect and harassment
of lawyers by police and officials,
and the issue is becoming
one of grave concern in the country.
According to the information I have received Supun Ratnayake was asked to appear with his client at Peradeniya police for an
inquiry into a land
dispute on 20 March 2010. He reports that he arrived at 11am and was told to wait outside the office by Officer
In Charge (OIC) Narampanawa. After an hour Mr. Ratnayake tried to speak with the OIC and was shouted at by the officer, who told him that he was busy
and that he must wait. After two hours the scheduled inquiry had not been held, the lawyer and his client had not been given any information about the situation and they left.
It is
already difficult for
a complainant to have his
or her report entertained
at police stations in Sri Lanka, particularly if the report is
related to a human rights violation. Such dismissal of law and procedure in the face of a lawyer
is exposing a disturbing and increasing boldness on the part of police, and a further breakdown of authority
within the administration of justice.
Along with
reports by the Asian Human
Rights Commission (AHRC) regarding
the lack of protection given
to lawyers facing physical threats and assault, the BASL has also highlighted the increase in
harassment of its members at police stations during the past few years. The issue was raised during the recent BASL presidential elections, where lawyers spoke of the growing disrespect for their profession by the administration and its representatives. Without adequate treatment and protection, lawyers
are not able to bring the often-necessary authority or legal pressure to cases and Sri Lankans'
right to representation is
being eroded.
I call for further discussion, debate
and action on this issue within
your department, and
for greater efforts to be
taken to protect lawyers, and to discipline and punish
those who abuse them.
Please note that
the Special Rapporteur on the independence of judges and lawyers and to the Bar Association of Sri Lanka informing have been informed
about this case.
Yours sincerely,
MEMBERS ONLY
[Signature]
PLEASE SEND YOUR LETTERS TO:
Mr. Mahinda Balasuriya
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
E-mail: igp@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Secretary, National Police
Commission,
3rd Floor Rotunda Towers,
109 Galle Road
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
Secretary, Human
Rights Commission of Sri Lanka,
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Chief Justice,
Office of the Chief
Justice of the Supreme Court of Sri Lanka
Superior Courts Complex,
Colombo-12,
SRI LANKA
Fax: +94-11-2437534
PLEASE WRITE IMMEDIATELY
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