(Hong Kong, October 13, 2008)
We reproduce below the resolution passed unanimously at a general meeting of the Bar Association of Sri Lanka which met on the 11th October. This general meeting was held due to a call made through a petition by over 350 lawyers calling for an urgent general meeting to discuss the grenade attack on the house of Mr. J.C. Weliamuna.
Resolution of the Bar Association of Sri Lanka
Whereas the residence of Attorney-at-Law was attacked with two grenades on the night of 27th September 2008, only one grenade exploded, as a result of which his premises suffered damage;
Whereas Mr. Weliamuna affirms that the incident of the grenade attack on his residence on the night of 27th September, 2008 must necessarily be a reaction to his professional work, and an attempt to harm him and his family and/or to intimidate him. He has stated that he has no personal enemies or family disputes, and has confidently ruled out the likelihood of any personal vendetta of that sort;
And whereas he is an active practitioner (Counsel) handling mainly Fundamental Rights and Writ Applications. Many cases he has handled, and continues to handle, relate to public interest litigation and the protection/vindication of lawful rights of the community against alleged serious abuses of Executive and Administrative actions by powerful persons;
And whereas he is also the Executive Director of Transparency International Sri Lanka. It should be noted in this respect, that it is a long established tradition (in Sri Lanka and the world over) that lawyers, being versed with the gamut of jurisprudence relating to rights of persons, being trained and charged with promotion of same, for the betterment of society, have been involved in organizations, endeavors and efforts to secure the Rule of Law that can exist only with proper standards of transparency and accountability following exposure of wrongs;
And whereas it is a fundamental right and a duty of all Attorneys-at-Law to work in/with civil society organizations within the legal framework of the country. It is up to each Attorney at-Law to be able to opt to exercise thigh right as he/she deems fit, without fear or favor. This right is subject only to the law of the land and cannot be sought to be denied, deprived or restricted by acts of violence, intimidation or threats of any type or form;
And whereas it is pertinent to note that on the morning of 27th September 2008 Mr. Weliamuna moved a resolution at the Bar Council Meeting of this Association, as a concerned Attorney-at-Law in respect of intimidation and threats being issued to litigants and Attorneys-at-Law in a case involving allegations of bribery and torture against certain members of the Sri Lanka Police. The attack took place, very soon thereafter on the night of 27th September 2008;
And whereas the Bar Association of Sri Lanka being officially notified of the said incident having promptly condemned the said attack convened and emergency meeting of the Executive Committee of the Association on the 29th of September 2008.
And whereas when the said emergency session of the Executive Committee of the Bar Association of Sri Lanka was in progress a delegation comprising of senior members of the profession led by Senior Attorney-at-Law Mr. R.K.W. Goonesekere submitted a requisition signed by more than hundred members of the Bar Association of Sri Lanka inter alia calling the President of the Bar Association to call for a Special General Meeting of the Bar Association of Sri Lanka.
And whereas the Executive Committee, having considered the prevailing situation and the request of the members of the Bar ratified the statement/press release issue by the Association unanimously and unreservedly condemning the said incident.
And whereas further considering the grave situation empowered the President to immediately take steps to liase with the Inspector General of Police and to take appropriate steps to call upon authorities to launch and immediate inquiry into the said incident and have the perpetrators brought to justice and to make representation to the highest authorities of the state.
And whereas the Bar Association of Sri Lanka having considered the Requisition submitted by the Members of the Bar decided to call a Special general meeting of the Bar Association of Sri Lanka on the 11th October 2008 at 4.00 p.m. at Bar Association of Sri Lanka auditorium and accordingly instructed the Secretary to convene the meeting consequent to which todays proceedings are being held.
And whereas the President of the Bar Association of Sri Lanka thereafter took steps to make representations to the Inspector General of Police, Secretary, Ministry of Defence, His Lordship the Chief Justice and His Excellency the President with the view to requesting authorities to immediately commence investigation into the incident in order to being the perpetrators to justice.
And whereas the President of the Bar Association of Sri Lanka having forthwith contacted His Excellency the President was able to secure a meeting with the President on 3rd October 2008 with the presence of the Inspector General of Police, Secretary to the Ministry of Defence, Secretary to the Ministry of Justice and D.S.G. on behalf of the Hon. Attorney-General.
The Bar association of Sri Lanka delegation to the said meeting was lead by the President and comprised the Deputy President, the Secretary, Treasurer, Assistant Secretary and Mr. R.K.W. Goonesekere, Attorney-at-Law.
And whereas during the said meeting the President and Mr. R.K.W. Goonesekere brought the grave concern of the Bar Association of Sri Lanka regarding the aforesaid incident to the notice of the authorities and Mr. Goonesekere emphasized and stressed the need to preserve and protect the rule of law and necessity to take steps to prevent a recurrence of such events in future.
And whereas His Excellency the President having given a patient hearing to the representation made by the Bar Association of Sri Lanka directed the Inspector General of the Police and the Secretary to the Ministry of Defence to investigate the incident with priority and to bring the perpetrators to justice.
And whereas in the circumstance, the Bar Association of Sri Lanka, as representing the Legal Profession of Sri Lanka, and having sworn and being duty bound to uphold the Constitution of the Democratic Socialist Republic of Sri Lanka, hereby resolves that its position on the incident, circumstances and the likely consequences arising there from is as follows:
The incident represents a threat to the fundamental right/duty of all Attorneys-at-Law to practice. Every Attorney-at-Law has a right and a positive duty to represent and advise persons seeking their professional assistance, regardless of who they are what they have done or any such consideration. There is a positive obligation in the Supreme Court Rule 5 that requires Attorney-at-Law to represent the interests of those seeking their assistance. Accordingly, if this incident is not dealt with firmly, effectively and strongly, the rights and the value of an Attorney-at-Law would be seriously eroded.
In this context, it should be noted that it is the right and a tradition that Attorney-at-Law, being versed with the jurisprudence of rights and obligations and trained on how to promote same for the betterment of society, have been involved in organizations permitted by the law of the land, endeavours and efforts to secure honesty, integrity and the rule of law that can exist, only with proper standards of transparency, accountability and compliance with laws. This right is only subject to the need to comply with the laws of the land.
The Bar Association of Sri Lanka cannot and will not tolerate this threat to the Legal Profession.
Furthermore, in the circumstances, the Bar Association of Sri Lanka hereby:
A.) Unequivocally condemns the incident as an attack on/threat to the Legal Profession and its Members;
B.) Demand that the matter be expeditiously, fully, honestly and impartially investigated;
C.) Calls upon H.E. the President of Sri Lanka, Government, Opposition, Inspector General of Police and all other and authorities of the State to take meaningful and effective steps to have the perpetrators brought to justice and to prevent any future recurrence of attempted intimidation against any Member of the Legal Profession;
D.) Resolves that the President of the Bar Association of Sri Lanka shall forthwith call upon the Inspector General of Police to intimate in writing what steps have been taken to have this matter investigated expeditiously;
E.) Informs all persons, that the Bar of Sri Lanka will not tolerate or countenance threatening actions/conduct at any time or in any way, against any Member of the Bar. The Bar Association of Sri Lanka will not hesitate to take appropriate action or measures in respect of such unlawful conduct.
W. Dayaratne
Proposed by President of Bar Association
Mohan Peiris, PC
Seconded by Deputy President of Bar Association
The Asian Human Rights Commission welcomes this move by the Bar Association of Sri Lanka to defend the rights of the lawyers at a time when these rights are being severely challenged. As the Bar Association has agreed, a committee of senior lawyers to be a permanent body to deal with threats to lawyers needs to be appointed urgently. On the other hand as there has been no progress in the investigations into the incident of the grenade attack the Bar Association must demand an inquiry by an independent and competent Special Investigation Unit and make sure that the report is received within seven days as agreed upon at this general meeting of the Bar Association. For details about the grenade attack please see: http://www.ahrchk.net/statements/mainfile.php/2008statements/1708/, http://www.ahrchk.net/statements/mainfile.php/2008statements/1711/,
