Three lawyers practicing in the courts in Kandy have complained of having received death threats on several occasions as a result of having signed a petition calling for inquiries into the unprofessional conduct of a few lawyers which affects the rights of litigants as well as the rights of other lawyers. The lawyers who have complained of death threats are: Mr. Pushpakantha Nanayakkara, Mr. Sugath Alexander and Mr. Sanath Bandara Ekanayake. These lawyers have also complained that besides them, several other lawyers have been threatened but that they did not want to have their names revealed in order to avoid unpleasant consequences. It is also been reported that two lawyers offices have also been attacked for having participated in trying to bring to the notice of the authorities, several unfair practices and for having signed the petition together with 92 others.
The Asian Human Rights Commission (AHRC) previously published the petition signed by the 92 lawyers practicing in Kandy complaining of serious obstacles to their practice. The petitioning lawyers have stated that they had already brought the matter to the attention of the High Court of Kandy in the past but that the warning by the High Court judge against such unfair practices had not been heeded. The lawyers particularly called for the clearing of the main gate area of entry to the court and to prevent obstructions to the litigants and the lawyers caused by the unprofessional and unethical conduct of others. Following the statement on this issue the AHRC has received complaints from many others from several courts in Sri Lanka that similar practices prevail in their areas.
After the publication of the petition several lawyers have been exposed to various forms of harassment including being photographed as they come out of court. These lawyers fear these photographs can be given to criminal elements that, due to instigation by others, could cause harm to them. They fear that a nexus with some criminal elements and those who engage in unethical practices exists. One of the lawyers whose office has been attacked fears that this has been done by some criminal elements at the instigation of others.
The lawyers capacity to function independently is an essential element for the protection of the rights of the people. The lawyers must be able to function without fear. The development of a nexus by some with unscrupulous police officers who seek commissions from lawyers, criminal elements who may support some in order to further their own ends and a small group of lawyers who participate in such unprofessional conduct, obstructs the capacity of the ordinary citizens to seek justice in an atmosphere of peace and fair play. If the surrounding atmosphere within the court itself becomes so unfairly competitive all types of practices can develop which will defeat the purposes of law.
The Asian Human Rights Commission has brought to the notice of Sri Lankan authorities the petition signed by the 92 lawyers. We now urge the authorities to take appropriate action to conduct a public inquiry about this matter and also to provide security to the lawyers who have received death threats and other forms of intimidation.
For further information please refer to our previous statement: SRI LANKA: Ninety two lawyers from Kandy complain of failure of the court to take action against unprofessional conduct at http://www.ahrchk.net/statements/mainfile.php/2008statements/1586/
