UPDATE (Sri Lanka): Inaction of the Bar Association to find redress for the victim 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that despite the earlier appeal of Mr. R.K.L.G. Dingiri Banda to the Bar Association of Sri Lanka, nothing has yet been done to correct the matter. Mr. Dingiri Banda had complained to the Bar Association that he had filed a fundamental rights application before the Supreme Court in 2001 regarding his torture by two superior officers, but his defense lawyer A.H.H. Perera withdrew the case against the victim’s wishes during the case hearing in the Supreme Court on 28 June 2004. (Refer to: UA-79-2004)

In his complaint the victim claimed that that the assigned lawyer was partial towards the respondent officers and after the court hearing on June 28, he tried to get them to pay 100,000 rupees (about US$ 977) to settle the case, which the victim refused to take. Attorney-at-Law A.H.H. Perera was provided by the Human Rights Centre of the Bar Association to appear for Mr. Bingiri Banda. Mr. Dingiri Banda is still trying to find legal redress on his case and disciplinary action against the lawyer concerned by the Bar Association.

AHRC again call for your urgent action on this matter. Please write a letter to the Bar Association of Sri Lanka and demand them to take strong action against the responsible lawyer and take appropriate measures to get Mr. Dingiri Banda’s case re-listed for a hearing in court.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED 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 A.H.H. Perera who was assigned by the Human Rights Centre of the Bar Association of Sri Lanka and appeared for the victim in his fundamental rights application to the Supreme Court

AHRC is deeply concerned that Mr. R.K.L.G. Dingiri Banda’s human rights as a Sri Lankan citizen have been violated by the Bar Association of Sri Lanka in its failure to investigate and to take appropriate action regarding the complaint he made to the Bar Association against Mr. A.H.H. Perera, Attorney-at-Law.

In his earlier written complaint to the Bar Association on 30 June 2004, Mr. R.K.L.G. Dingiri Banda claimed that his defense lawyer A.H.H. Perera, who was provided by the Human Rights Centre of the Bar Association to appear for him, had acted contrary to his written instructions in that the lawyer terminated the proceedings before the Supreme Court of Sri Lanka against his expressed instructions on 28 June 2004. He further stated that after the hearing the said lawyer met with the two respondents and tried to get the respondents to give Dingiri Banda Rs. 100,000 (about US$ 977), which the victim refused.

However, despite his request to the Bar Association for inquiring into the matter and takeing disciplinary against the responsible lawyer, nothing has yet been done to correct this situation. Also, no serious action has been taken by the Bar Association to get his case re-listed for hearing in court despite his repeated request.

According to Mr. Dingiri Banda, he only received a letter of acknowledgement from the administrative officer of the Bar Association and in the letter the name of the Attorney-at-Law he complained against (Mr. A.H.H. Perera) was not mentioned and instead another Attorney-at-Law’s name was substituted.

Mr. Dingiri Banda also said that the Human Rights Centre of the Bar Association wrote a letter to Mr. A.H.H. Perera which was copied to him requesting Mr. Perera to take action to get his case re-listed for hearing.?He has since written to Mr. Perera to take action on the basis of the request by the Human Rights Centre of the Bar Association but Mr. Perera has not replied to this letter.

The right of prompt inquiries is a basic human right without which the making of complaints has very little use.?In two recent pronouncements of the UN Human Rights Committee against Sri Lanka this matter has been stressed.?As the topmost professional body of the legal profession it is only appropriate that the Bar Association of Sri Lanka provide an effective remedy to the victim who complained about unprofessional behavior of lawyers.

Considering the allegedly grave injustice done to Mr. Dingiri Banda by the aforementioned conduct of the said lawyer Mr. A.H.H. Perera, AHRC requests the Bar Association of Sri Lanka to take prompt action to investigate into the victim’s complaint and take appropriate measures to grant redress as requested by him.

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

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