Over 150 lawyers write to BASL expressing concern over detention of Attorney

• Say even 8 days after detention, reasons for his arrest unknown
• Hizbullah has been denied access to his family and even lawyers
• Says free, fearless and independent legal profession one of the most important features of a democracy
• Expresses concern BASL has not taken a firm and open stand on matter

A group of 158 lawyers yesterday wrote to the Bar Association of Sri Lanka (BASL) expressing deep concern on the profoundly serious situation arising out of the unlawful detention and lack of access to lawyers for Attorney-at-Law Hejaaz Hizbullah.

The letter was addressed to BASL President Kalinga Indatissa, PC, Vice President W.J. Shavindra Fernando, PC, Secretary Rajeev Amarasuriya and Assistant Secretary Vishwa de Livera Tennakoon.

The signatories to the letter said they believed that the BASL, as the professional body entrusted with safeguarding a conducive environment for its members to engage in professional duties freely and fearlessly, should take swift, effective and meaningful action where legal guarantees of its members are denied.

The group of lawyers noted that eight days had passed since his detention and neither reasons for his arrest nor provisions of law under which he continues to be detained had been officially served upon him and that this violated the basic Constitutional shield from being arrested except according to procedure established by law and the right to be informed of the reason for the arrest (Article 13(1) of the Constitution).

They noted that Hizbullah had not even been produced before a Magistrate to date, in violation of the right to judicial oversight of the custody and propriety of conditions involved.

“Most alarmingly, Mr. Hizbullah has been denied access to his family and even lawyers except for a brief 15 minutes with an Attorney-at-Law under the scrutiny of an eavesdropping CID officer. This does not constitute due access to one’s lawyer by any stretch of imagination and involves denial of due recourse to justice through proper and effective representation.”

“ Whilst there is no official confirmation as to under which law Mr. Hizbullah has been arrested, no law in operation allows denial of access for the purpose of legal representation. Moreover, Section 15 read with Section 23 of the International Convention for the Protection of All Persons from Enforced Disappearance Act No. 5 of 2018 requires any person deprived of liberty to have access to relatives and legal representation. This legal right continues to be violated in this matter,” the letter said.

It added that these were all very basic guarantees to persons arrested under the law. Irrespective of the merits of the case, these guarantees should be available and assured to all persons subject to a deprivation of liberty.

“Whilst we fully appreciate that investigations on any alleged or genuinely suspected offence should not be hampered, the authorities should proceed only and strictly as prescribed under the law. We further refer to the Constitutional provision that ‘all persons shall be presumed innocent until proven guilty’ which will be rendered meaningless if these basic protections are not guaranteed at the investigation stage.”

They emphasised that violation of the above guarantees in respect of a member of the legal profession sent out a chilling message to other lawyers and the general public regarding the state of due process and the ability of the BASL to stand effectively for the rights of those who represent persons in high-profile cases.

“A free, fearless and independent legal profession being one of the most important features of a democracy to protect rights of individuals, it is the duty of the leadership of the professional body to do its utmost to defend the ability to function as lawyers, without obstruction, fear or favour,” they said.

The lawyers also expressed concerns and said they were perturbed that no firm and open stand had been taken by the BASL on this matter all this time, notwithstanding that the rights of all Attorneys-at-Law to undertake protection of the rights of their clients were jeopardised by this state of affairs.

“We earnestly urge immediate action to remedy the situation and to restore confidence in the ability of legal professionals to practice by having access to their clients, without being shut out/obstructed by Police officers or any other authority without legal basis.”