(Hong Kong, March 6, 2009)
In the fundamental rights case filed by two lawyers, Amitha Ariyaratne and H.R.D.G. Mendis, a husband and wife who are both Attorneys-at-Law, filed against the Inspector General of Police and 12 other police officers, in which they complained of violations of their rights, the Supreme Court yesterday (5th March) granted leave to proceed. A three bench court headed by SrianiXX Bandaranayake heard the arguments placed before the court regarding incidents of assault and arson and allowed the Petitioners to proceed with the case. The respondent police officers are expected to file their answers. The two lawyers were represented by Mr. Faiz Mustahpa, a Presidents Counsel, together with four other Presidents Counsels and 15 senior lawyers.
Observers noted that the Executive Committee of the Bar Association of Sri Lanka (BASL) failed to include themselves in support of this petition although the BASL have condemned the assault and arson attacks on the lawyers concerned.
The Petitioners in this case stated that they have been legal representatives for four human rights organisations, Right to Life Human Rights Centre, Rule of Law Centre, Media Centre and Kamkaru Sevana. The Petitioners also stated that Anton Sugath Nishanta Fernando had sought assistance in several cases where he was the complainant against some officers of the Negombo Police Station for bribery and torture. Mr. Fernando also complained of threats to his life and he was assassinated on the 20th September, 2008. His wife Sadamali, who complained at the inquest inquiry that she suspected a number of police officers attached to the Negombo Police Station to be behind the murder, also received death threats. Sadamali and her two children have been living in hiding due to their fear of being assassinated to prevent her from giving evidence in the cases against the police.
The Right to Life organisation and Mr. Ariyaratne as their lawyer have helped this family with regard to their cases. As a result the organisation as well as Mr. Ariyaratne received several death threats. The Right to Life organisation received a threatening telephone call on the 24th September, 2009 warning that if the lawyer continued to appear for the cases of the late Mr. Fernando he would suffer the same consequences as Mr. Fernando himself. On the 26th January, 2009 a similar call was received by Right to Life staff. Written complaints have been made to the Inspector General of Police on both of these occasions.
On the 27th January, Mr. Ariyaratne went to the Negombo Police Station to obtain a copy of a document on behalf of Sadamali. During the visit he was assaulted and threatened with death by a police officer in the presence of several other officers including the Officer-in-Charge of Administration, who refused to intervene to protect the lawyer and refused to record his complaint about the matter. On the 30th January, 2009 both Petitioners worked late at their office which is situated in a separate building next to their house. Their clients files, other documents, law books and deeds were kept in this office. At around 10:30 pm they locked the office and returned to their residence. Within a few minutes they observed that the office building had been set on fire. The entire building and all that it contained was completely destroyed.
Despite of complaints being made on all these matters no satisfactory inquiry has been conducted by the police nor have any suspects been apprehended.
The petition also mentioned several other attacks on lawyers. Mr. J.C. Weliamuna, Attorney-at-Law, came under a grenade attack on the 27th September, 2008. Mr. Mohotti also complained of being humiliated at the Bambilipitya Police Station. Mr. Methsiri Paranavithana also complained of abuse by a Deputy Inspector General of Police and a Senior Superintendent of Police.
The Petitioners state that in the totality of the aforesaid circumstances, the Police have failed to investigate in to the attacks on Attorneys-at-Law and in particular the 1st and 2nd Petitioners. The failure to do so has resulted in aggravated attacks leading to the 1st and 2nd Petitioners being prevented from their active legal practice. Thus, the Petitioners state that the Respondents have jointly or severally violated the fundamental rights of the Petitioners guaranteed under Article 11, 12(1) and 14(1)(g) of the Constitution.
The Petitioners requested the court to declare that anyone or more or all of the Respondents have violated the fundamental rights of the Petitioners guaranteed under Articles 11, 12(1) and 14(1)(g) of the Constitution of Sri Lanka; declare that the 13th Respondent has violated the fundamental rights of the Petitioner guaranteed under Articles 11, 12(1) and 14(1)(g) of the Constitution of Sri Lanka; declare that the 12th and 13th Respondents are not fit to hold public office and serve as police officers any further and by way of an interim order direct the Inspector General of Police and the National Police Commission to forthwith investigate into the conduct of the 12th and 13th Respondents pending this Application; direct the any one or more of the Respondents or any other appropriate authority to immediately investigate and report to Your Lordships’ Court the outcome of the investigations so far conducted in to the incidents pleaded herein; direct the National Police Commission to forthwith look into the complaints against the Respondent Police Officers and take appropriate action thereof; make order directing all Respondents to investigate into complaints made by the Petitioners and bring the offenders to justice according to law and to keep Your Lordships Court appraised of the progress by filing periodic reports; direct any one or more of the Respondents to submit to Your Lordships Court all decisions, reports and documents relevant to the matters complained herein; grant compensation to the Petitioners in a sum of Rs.10,000,000/-; grant costs of this Application; and grant such other and further reliefs as to Your Lordships Court shall deem fit.
