Lawyers for Lawyers calls on authorities to ensure due process rights for arrested Attorney

Lawyers for Lawyers, an international organisation that fights for rights of lawyers to practice their profession freely and independently, has expressed concern over the arrest and detention of Attorney-at-Law Hejaaz Hizbullah.

In a press release, the organisation called on Sri Lankan authorities to ensure and guarantee Hejaaz Hizbullah’s due process and fair trial rights, in accordance with guarantees under international law, including the UN Basic Principles on the Role of Lawyers.

“No reasons were provided to Hejaaz Hizbullah or his family at the time of the arrest. In the media it was brought forward that evidence had been found against Hejaaz Hizbullah that connects him to the 2019 Easter Sunday bombings; however, according to our information, there is still no remand or detention order authorising the detention of Hejaaz Hizbullah,” the release said.

It said a further concern to Lawyers for Lawyers is the fact that Hizbullah has not been given access to his attorneys, which was reported in the Habeas Corpus petition that Hizbullah’s father filed on 17 April.

The organisation said that according to Article 9 of the International Covenant on Civil and Political Rights, “anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him”.

Article 14 entitles anyone charged of a criminal offence “to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing”. Similar guarantees are enshrined under Article 13 of the Sri Lankan Constitution.

“The UN Basic Principles on the Role of Lawyers provide that, “Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than 48 hours from the time of arrest or detention.”