SC fixes Ukrainian captain’s FR petition for support on 6 March

By S.S. Selvanayagam

The Supreme Court yesterday fixed the fundamental rights petition filed by the Ukrainian captain of the Avant Garde ship, challenging his alleged illegal arrest and prolonged detention, for support on 6 March.

The matter came up before a bench comprising Justices Eva Wanasundera and Anil Gooneratne.

The petitioner, Ukrainian Gennadiy Gavrylov (49 years old), the captain of ‘MV Avant Garde’, is challenging his arrest in early October 2015 , purportedly outside Sri Lankan territorial waters and his continued detention at the Galle remand prison.

The petitioner, a father of one who is being detained at Galle remand prison, claims that he had absolutely no political affiliations to any group or party in Sri Lanka.

He laments that he was unfortunate to be embroiled in a political tug of war prevailing in the country. The petitioner cited the Officer-in-Charge of the Criminal Investigation Department (CID), CID Director, DIG in charge of the CID and Rakna Arakshaka Lanka Ltd. (RALL), a Government-owned business undertaking affiliated to the Defence Ministry, Avant Garde Maritime Services (AGMS), Sri Lanka Shipping Company Ltd, Lanka Maritime Services Ltd, the Defence Secretary and the Attorney General as respondents.

The petitioner states that MV Avant Garde, which was chartered by Avant Garde Maritime Services belonging to the Sri Lanka Shipping Company, had been seized in international waters in early October 2015 in the wake of the change of Government.

He alleges that some of the respondents subjected him to cruel, inhumane and degrading treatment through the false accusation that he had entered Sri Lankan territorial waters in the vessel he had taken command of on 24 July 2015.

He states that SLNS Nandimithra, a fast missile vessel (FMV), had taken MV Avant Garde into custody in international waters 15 nautical miles from the baseline. He added that although the vessel was to be delivered to the Sri Lanka Shipping Company as per instructions received in August 2015, he received a subsequent directive through proper channels to reach Galle Port.

He states that a seven-member squad of Sri Lanka Navy personnel boarded the vessel at 7.15 a.m. on 6 October 2015, after he refused directives issued by the SLN to proceed towards the Galle Port and drop anchor nearby. Initially, he had been directed to proceed towards Panadura and drop anchor.

The Deputy Harbour Master of Galle, who is also the Acting Residential Manager of the Galle Port, in his statement too admitted that the vessel was seized outside the territorial waters of Sri Lanka.

Manohara de Silva PC with Arinda Wijesurendra appeared for the petitioner. Romesh de Silva PC with Kuvera de Zoysa PC appeared for Avant Garde Maritime Services (AGMS) and the Sri Lanka Shipping Company Ltd. Deputy Solicitor General Ayesha Jinasena appeared for the CID, the Defence Secretary and the Attorney General.