SRI LANKA: Tortured army officer complains to Bar Association of Sri Lanka after his lawyers withdraw case 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the defense lawyer of R.K.L.G. Dingiri Banda who had filed a Fundamental Rights application before the Supreme Court in 2004, withdrew the case against the victim’s wishes during the case hearing in the Supreme Court on 28 June 2004. The victim, Dingiri Banda, alleged that two superior officers subjected him to severe torture and he had filed a Fundamental Rights application before the Supreme Court in 2001.

On 30 June 2004, the victim made a complaint to the President of the Bar Association of Sri Lanka regarding this matter. In his complaint, the victim stated that he felt the assigned lawyer was partial toward the respondent officers and tried to get them pay him 100,000 rupees (about US$977), which he refused to take.

The alleged act by the attorney is a violation of the fundamental human rights of this person to obtain legal redress. It has also obstructed a victim of torture from pursuing his complaint before the appropriate Court in Sri Lanka. AHRC calls for you to write a letter to the Bar Association of Sri Lanka and request them to intervene in this matter without delay. Please also demand them to take strong action against the lawyer concerned.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Victim: R.K.L.G. Dingiri Banda, a lieutenant of the Sri Lankan Army allegedly tortured by two superior officers
Complaint lodged against: The attorney at law who was assigned by the Human Right Centre of the Bar Association of Sri Lanka and appeared for the victim in his Fundamental Rights application to the Supreme Court
Date of incident: 28 June 2004

Case details:

The victim, R.K.L.G. Dingiri Banda, alleged that two superior officers subjected him to severe torture. He filed a Fundamental Rights application before the Supreme Court in 2001, SC FR 24/2001 (Special). On 30 June 2004, he made a complaint in writing to the President of the Bar Association of Sri Lanka that the lawyer who appeared for him had withdrawn the case, despite his express instructions not to come to any settlement, but to proceed to inquiry before the Supreme Court. Dingiri Banda alleged in his letter, supported by an affidavit and other documents, that the lawyer assigned by the Human Right Centre of the Bar Association had withdrawn the case when it was before the Supreme Court on June 28. Dingiri Banda further states that he felt the assigned lawyer was partial towards the respondent officers, and had repeatedly instructed him that he had no intention to settle the matter and wanted the case to be heard by the Supreme Court.

Among the supporting documents, on 25 March 2004, Dingiri Banda had written a letter to his attorney, sent by express registered post, stating that he would not agree to any form of settlement and that he wanted a judgement from the Supreme Court after an inquiry. He has also handed over a copy of the letter by hand, and copies of the registered letter had been sent to the President of the Bar Association, the instructing attorney, and the Human Rights Centre of the Bar Association.

Dingiri Banda further states that on 28 June 2004, he met his attorney again in the morning and gave a verbal instruction again to proceed to an inquiry, and the attorney had promised to do so. However, when the case was taken up Dingiri Banda was at the back of the Court and his attorney made some submissions in English, which he neither heard properly nor understood. After that, the attorney met with the two respondents and tried to get the respondents to give Dingiri Banda Rs. 100,000 (about US$ 977), which he has refused.

Dingiri Banda has stated that the action of his attorney deprived him of his right to proceed with his application and get redress against the serious torture he has suffered at the hands of the respondents. He has asked the Bar Association to inquire into the matter and take disciplinary against the lawyer. He has also requested the Bar Association to take appropriate action to restore his case for argument before the Supreme Court. He has further asked the Bar Association to request an inquiry into possible fraud done by his lawyer by requesting the Fraud Bureau of the Sri Lankan Police to conduct a criminal investigation into the matter. Dingiri Banda has also complained in writing to the Chief Justice of Sri Lanka about this matter.

The alleged act by the attorney is a violation of the fundamental human rights of this person to obtain legal redress. It has also obstructed a victim of torture from pursuing his complaint before the appropriate Court in Sri Lanka.

SUGGESTED ACTION:
Please write a letter to the Bar Association of Sri Lanka and request them to intervene in this matter and take strong action against the lawyer concerned without delay.

To support this case, please click here: SEND APPEAL LETTER