BASL writes to IGP over arrests by police without following due process

The Bar Association of Sri Lanka (BASL) has written to IGP C. D. Wickremeratne drawing his attention to complaints received by BASL from its members relating to arrests and detentions being carried out without adherence to due process “in a manner akin to abductions.” 

The Bar Association of Sri Lanka said it has received complaints from its members and the Colombo Magistrate’s Court Lawyers’ Association on the arrests of persons by police officers dressed in civilian clothing and without possessing any identification. 

It is alleged that persons so arrested have been taken away in unidentifiable vehicles and kept for several hours at undisclosed locations, it said, in the letter. 

“On these occasions no receipts of arrest have been issued nor an opportunity given to the persons arrested to inform relatives, friends or lawyers of their whereabouts. On these occasions they have been deprived of access to Attorneys-at-Law or the Human Rights Commission for a few hours.” 

In once such instance a suspect named Anthony Veranga Pushpika de Silva had been taken away by persons in civilian clothing and his whereabouts unknown for six hours. He was eventually found by Attorneys-at-Law to be in police custody, the BASL said. 

In another instance a suspect named Mangala Maddumage had been taken into custody by two persons in civilian clothing and his whereabouts known only a few hours later. In a third instance a student studying at the Kelaniya University had been abducted and questioned for nearly three hours before being released, it added. 

“We are also informed that on several occasions Attorneys-at-Law appearing for suspects were not properly informed or given misleading information on suspects in custody and on the time that they will be produced in Courts. These have resulted in them being deprived of legal representation and due process especially when they were produced at the residence of a Magistrate during late hours.”

The Bar Association of Sri Lanka says it is therefore of utmost importance that police officers carrying out arrests identify themselves at the time of arrest and afford persons so arrested an immediate opportunity to communicate with their relatives, friends or their Attorneys-at-Law of their whereabouts. 

“We request you to ensure that adequate access is given to Attorneys-at-Law and the relatives of such suspects without delay,” the letter said. 

BASL said given the numerous instances in the past of persons being subject to arbitrary arrests, arbitrary detentions and enforced disappearances and in consideration of Sri Lanka’s international obligations on preventing enforced disappearances, they call upon the IGP as Head of the Police Department to immediately ensure that all arrests are carried out strictly according to procedures established by law and that instructions are given to all police officers in respect of the above.

BASL Letter to IGP Re Arrests Being Carried Out Without Following Due Process by Adaderana Online on Scribd