The Asian Human Rights Commission (AHRC) has received a copy of a petition written by 92 lawyers practicing in Kandy complaining of a serious obstacle to their practice. Furthermore, the right of litigants to select the lawyers of their choice has been interfered with due to a small group of lawyers who engage in touting their services in front of the main gate of the Kandy Court Complex. The Petitioners state that they have brought this matter to the notice of the High Court Judge of Kandy in the past and that the lawyers that act in this manner have been warned. However, the 92 lawyers who have signed this petition express their concern about the lack of action on the part of the Kandy High Court to clear the main gate area and prevent the obstruction created to the litigants and the lawyers by this small group of persons who engage in conduct which they see as unprofessional and unethical.
The AHRC is concerned about this issue as there have been previous complaints of a similar nature received from other courts. There are even complaints that lawyers practicing in many of the magistrate courts throughout the country have to pay 50% or more of their fees to police officers. If any lawyer refuses to make such payments the officers engaged in various types of activities and spread misinformation about them. There are many ways in which the police can do this. One method is to unreasonably refuse bail applications made on behalf of clients by lawyers who refuse to comply with the demands of the police officers.
There is a need to look into the various obstacles which prevent lawyers from practicing their profession with dignity and with professional ethics. Ignoring this situation creates obstacles for the lawyers. It also creates problems that affect the very quality of justice itself. When a court is turned into a market place by such practices, the very possibility of taking proper instructions from clients and the pursuit of cases on the basis of merit, become impossible. That in turn creates adverse impressions of the court system and the judiciary on the part of litigants and the public.
The protection of the legal profession is one of the preconditions for the protection of an independent system of the administration of justice. It is also a precondition for the defense of the human rights of all the persons involved, whether they are defendants or complainants. Furthermore, if the police can achieve their aims in court through a system of collaboration with some lawyers it will encourage their feeling of impunity and lead to blatant disregard for human rights by the police.
This matter needs to be thoroughly investigated and appropriate corrective measures need to be taken in order to protect the professional rights and dignity of lawyers, as well as to ensure public confidence in the administration of justice.
We reproduce below a translation of the letter signed by the 92 lawyers from Kandy.
5/5/2008
Honorable D.S.C. Lakamvasam
The Provincial High Court Judge,
Court Complex
Kandy
Through the Hon. Samudra Premachandra, Magistrate of Kandy
Hon. Judge of the Provincial High Court,
Re: Lawyers who stay at the main gate of the Kandy Court Complex and behave in a manner that violates professional ethics
Due to a few lawyers (male and female) who stay in front of the main gate of the Kandy Court Complex and engage in their activities many lawyers have been brought into inconvenience and are faced with an unpleasant situation. Due to these few lawyers who use the main gate of the Court Complex and the surrounding area as their office and engage in touting their services to the public who are coming to the court relating to their law suits are facing seriously inconvenience. Earlier also a few such persons who behaved in this manner, bring disrepute to the court were brought to the notice of the court through the lawyers association and these lawyers were given warnings.
However, there is widespread frustration and unhappiness as to why these persons are allowed to continue in this manner before the main gate of the Kandy Court Complex and no effective action is taken, even after such previous warnings were issued. The public is also disheartened by such inaction. We, the signatories to this petition, request you to take suitable action against these lawyers who are violating professional ethics and to have them removed from the main gate of the Court Complex and thereby create a peaceful atmosphere in which the lawyers can practice their profession in a manner appropriate to their professional dignity.
Signed by
Ninety two lawyers practicing in Kandy
In this petition the names of four lawyers who are allegedly behaving in this manner have been named.
