SC rules arrest over FB post under ICCPR violated victim’s rights

In a landmark ruling, the Supreme Court yesterday determined that the arrest and subsequent detention of political commentator Mohammad Ramzy Razeek in April 2020 under the International Covenant on Civil and Political Rights (ICCPR) Act constituted a violation of his fundamental rights. 

Razeek was arrested over a social media post on his personal Facebook account regarding misconceptions being disseminated about Muslims during the Covid 19 pandemic. 

Accordingly, a three-judge bench of the Supreme Court determined that the fundamental rights guaranteed by Articles 12(1), 13(1), 13(2), and 14(1)(a) of the Constitution were violated in the process and ordered the respondents to provide compensation to Razeek. 

In accordance with this ruling, first respondent, the OIC of the Computer and Forensic Training Unit of the Criminal Investigation Department (CID) B.M.S.K. Senaratne, and second respondent, Director of the Criminal Investigation Department, Senior Superintendent of Police W. Thilakaratne was directed to compensate the petitioner with a sum of Rs. 30,000 each from their personal funds.

Additionally, the court has mandated that the State must pay compensation amounting to Rs. 1,000,000 to the aggrieved.

Razeek was released by the Colombo Magistrates Court in September of this year, three years after facing charges, as there was insufficient evidence to support the allegations against him.

He was arrested in April 2020 following a Facebook post where he advocated for an ‘ideological jihad,’ urging Muslims in Sri Lanka to use the pen and keyboard as weapons to counteract hate propaganda targeted at them.

Police cited the International Covenant on Civil and Political Rights (ICCPR) Act and the Computer Crimes Act as grounds for his arrest. He was released on bail on 17 September 2020, but the investigation against him continued until his release from the case.