Seven doctors from the Negombo Hospital threatened to go on strike if they were not provided with free legal aid in a case before the Negombo Magistrates Court, where they had been summoned to appear. Prior to this, the doctors had been on strike to protest against a police inquiry into allegations of medical negligence regarding the wrongful amputation of a woman’s leg. The doctors refused to cooperate with the inquiry and have their statements recorded, forcing the police to file a complaint with the court. On realizing that their strike would now amount to a defiance of court orders, the doctors demanded that the Ministry of Healthcare provide them with legal assistance. After the ministry agreed, the doctors appeared before the court, where they were sternly ordered by the judge to give their statements as requested by the police.
This is perhaps the first time that any professional association within the country–or even elsewhere–has demanded free legal representation. The action of these doctors indicates the extent to which they wield power over patients. This is nothing but exploitation and an abuse of position, which the Asian Human Rights Commission (AHRC) unequivocally condemns.
The position taken by these doctors should lead to the examination of the manner in which threats to strike are being used by the Government Medical Officers’ Association as well as other groups on various issues relating to wages and other working conditions. While all employees have the right to go on strike when other means have failed to realize their legitimate demands, they also have the duty–particularly those engaged in professions which deal with the lives and health of people–not to abuse this right for self interest. Public debates should be initiated regarding the morality of such actions and the doctors in this case must be called upon to justify their behaviour.
The involved doctors have also claimed that the police are not competent to investigate their work as they do not have any medical qualifications. Such an absurd position could lead to various professions suggesting that the police are equally unqualified to investigate allegations into their work. Effective functioning of the criminal justice system would thereby become impossible. When issues arise in criminal investigations requiring specialist knowledge, it is the responsibility of the police to get expert opinion and clarification. Even in civil actions, medical experts are called on by both parties to explain various scientific aspects. Therefore, to claim that doctors should be excluded from criminal investigations is absurd. In fact, if any other citizens resisted police inquiries they would be charged with obstructing a police officer in the course of his duties, which is itself a crime. Sri Lanka’s Inspector General of Police should hence explain why numerous persons from poor backgrounds throughout the country are charged with this crime during police investigations, while these seven doctors have yet to be charged despite months of resistance.
Yet another disturbing aspect of this situation is the apparent promise made by the Minister of Healthcare to have the Attorney General’s department represent these doctors. It must be asked under what authority the minister is able to give such an undertaking; does he have any authority to instruct the Attorney Generals department to take up specific cases? In fact, does such an undertaking not amount to slighting the independence of the Attorney General’s office? Furthermore, how can the police make prosecutions on behalf of the state while the Attorney General represents the accused in the same case? The AHRC notes that there is no indication that the Attorney General has agreed with the minister, and expects that such a situation of legal absurdity will not arise.
This entire situation is indicative of the tremendous difficulties faced by ordinary Sri Lankan citizens, particularly those from poorer backgrounds, to obtain any legal redress. Feudal attitudes that recognize no legal rights for the poor have been forcefully manifested in this case. It is a hopeful sign that a poor woman has not succumbed to intimidation, especially when there are reports of medical negligence from throughout the country. The AHRC thus urges all concerned groups and individuals to make organized attempts to bring the medical profession under legal scrutiny, with a view to establishing basic norms of treatment that are common in many other countries.
