SRI LANKA: Police control of magistrate courts 

Dear friends

The Asian Human Rights Commission has been informed of a letter sent by the Bar Association to the Wattala police station, in which the lawyers complained that police officers have been interfering in their work to the extent that they are unable to conduct their professional duties towards their clients in the proper manner. The lawyers stated that the independence of their profession has been seriously affected by such interference. They also stated that the civil and political rights of their clients are being seriously hampered.

The letter was sent by the members of the Bar Association at the Wattala Magistrate’s Court to the Officer in charge of the Police Station with copies to the Magistrate, the Deputy Inspector General of Police of Kelaniya, other ASP’s of the area, and the President of the National Bar Association of Sri Lanka. In the letter they have stated:

1. “Some police officers have pressurized some parties to cases, to go to some lawyers that the police have named.
2. Sometimes, by use of cellular phones such lawyers have been notified and brought to the police and the cases have been handed over.
3. The name cards of some selected lawyers have been distributed to parties to cases and even hand written chits have been distributed inside the Court itself, with the names of such lawyers.
4. In particular, we wish to state that the suspects have been told that it is not possible to get bailed if those lawyers are not contacted and that the police in no way will help in cases otherwise. By saying this, these parties have been intimidated.
5. Also, the police have been stating to the parties to the cases that they (the police) have contacted the lawyer already and all that the parties have to do is to go and make the necessary payments to such lawyers.
6. They have also been informing clients who have already contacted lawyers of their choice that they could benefit more by going to a lawyer named by them, and thus misleading clients.
7. In instances where the police failed to convince clients go to persons of their choice, they have been influencing the clients unduly by saying that it is not necessary for lawyers to appear in such cases and thereby interfering with the rights of an independent legal profession.
8. The police have also been producing a large number of suspects to Courts on holidays, thereby obstructing the clients from obtaining services of lawyers of their choice.
9. By causing instructions to be given to plead guilty to charges through lawyers of the choice of the police, they are interfering with the Civil and the Fundamental Rights of the litigants.
10. The police also give false information to suspects, of amounts of fines much less than the actual amounts, and instruct them that there is no need for appearance of lawyers and even instruct clients of what amounts to be paid to lawyers.”

AHRC is concerned by the contents of this letter, which clearly shows that the police have control over the presentation of cases as well as the defence, in the magistrate courts. The individuals who are accused of offences by the police, have to defend themselves with lawyers recommended by the police. In this manner, the police can ensure that these individuals will plead guilty to the charges. Given the reputation of the Wattala police station in particular, as well as police stations throughout Sri Lanka in general, for engaging in serious acts of torture, the practice of the police selecting lawyers means that many innocent persons will lose their chance to put up a defence.

These practices are violations of the basic rights enshrined in the constitution and protected by international human rights law. The complaint of the lawyers of the Wattala Bar is not an exception. There are similar complaints from many courts throughout the country. The nature of the magistrate court has undergone severe changes in recent years, with lawyers becoming less and less able to discharge their professional duties due to pressure and intimidation by the police.

Your intervention is needed to ensure an end to such practices and to safeguard the independence of the legal profession.

SUGGESTED ACTION:
Please send a letter, fax or email to following addresses and express your concern about this serious problem.

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