SRI LANKA: An Open Letter to Lawyers and Bar Associations throughout the world

September 30, 2008

SRI LANKA: An Open Letter to Lawyers and

Intervene to defend the lawyers of Sri Lanka against attacks, threats and intimidation

The Asian Human Rights Commission (AHRC) based in Hong Kong wishes to bring to your attention the serious threat to lawyers in Sri Lanka by way of attacks, death threats and other forms of intimidation to prevent them from practicing their profession independently. On the 27th September 2008 the house of Mr. J.C. Weliamuna, a senior lawyer, came under attack when two grenades were thrown at it. One grenade exploded while the other was later discovered inside the house by the police. Mr. Weliamuna, and lawyers who are aware of the incident, believe that the attack is a result of the cases in which he has been appearing, most of which involve the government and agencies of the state.

Mr. J.C. Weliamuna is the executive director of the Sri Lankan branch of Transparency International. He is also one of the best known anti-graft lawyers in the country who had been pursuing many sensitive cases. He also has a long track record of making legal representation in cases involving human rights abuses such as torture, extrajudicial killings and forced disappearances.

The Bar Association of Sri Lanka passed a resolution condemning the attack and has called for inquiries into the incident. The executive committee of the Bar Association is to meet the Chief Justice of Sri Lanka to discuss the need to take protective measures to safeguard lawyers. Three hundred and fifty lawyers have signed a petition calling for the Bar Association to hold a general meeting to discuss the issues relating to the protection of lawyers. This meeting has been fixed for the 11th October, 2008.

The lawyer’s petition states:

“We consider this incident not purely as an attack on an individual but against our profession as  a whole, a motivated, concerted and calculated attempt aimed at curtailing, suppressing and hindering their freedom of engaging in the practice of their profession and performing their Constitutional duty towards the citizenry who have cast such responsibilities upon them”

The European Union and the Embassy of the United States in Sri Lanka have issued statements condemning the attack and calling for prosecution of the perpetrators. In its statement the European Union urged the government to bring the perpetrators to justice. “The EU notes with concern the trend in attacks and threats to journalists, civil society organisations and now a lawyer.”

The defence of lawyers facing such threats needs to be the concern of lawyers throughout the world and for the bar associations representing them. We therefore urge you to take this matter up at your Bar Association and write to the Sri Lankan government and the President of the Bar Association of Sri Lanka to take credible action to provide protection to lawyers who are facing or could face such attacks and threats and also to take necessary steps to defend the dignity and the independence of the legal profession.

The postal and email contact details for the Bar Association of Sri Lanka government of Sri Lanka are as follows:

Mr. W. Dayaratne,
President, Bar Association of Sri Lanka
Hulftsdorp
Colombo 12
Sri Lanka

Email: wdaya@slt.lk

His Excellency the Hon. Mr Mahinda Rajapakse
President Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees, 150, Galle Road
Colombo 3
SRI LANKA

Fax: +94 11 2472100 / +94 11 2446657
Email: secretary@presidentsoffice.lk

Thank you

Yours sincerely,

John J. Clancey
Chairman
Asian Human Rights Commission
Basil Fernando
Executive Director
Asian Human Rights Commission
Document Type : Open Letter
Document ID : AHRC-OLT-023-2008
Countries : Sri Lanka,