Unprovoked attacks: AG asked to consider taking legal action against MR, others under ICCPR

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… arrest those named in court proceedings

By Shamindra Ferdinando

The Colombo High Court Lawyers’ Association intends to move the Fort Magistrate’s court against the inordinate delay on the part of the Criminal Investigation Department (CID) to arrest those who had been named in the ongoing court proceedings as suspects.

The Fort Magistrate’s Court has issued a travel ban on ex-Prime Minister Mahinda Rajapaksa, Namal Rajapaksa, Pavithra Wanniarachchi, Johnston Fernando, Sanjeewa Edirimanna, Rohitha Abeygunawardena, C.B. Ratnayake, Sanath Nishantha, Kanchana Jayaratne (Pavitra Wanniarachchi’s husband), Sampath Athukorala, Mahinda Kahandagama, Renuka Perera, Nishantha Abeysinghe, Amitha Abeywickrama, Pushpalal Kumarasinghe, Dilip Fernando and Senior DIG Deshabandu Thennakoon.

The Magistrate also imposed a travel ban on seven others who had been wounded in or were eye-witnesses to the attacks.

Alleging that the CID probe was progressing at a snail’s pace, Attorney-at-Law J. Tenny Fernando, Convenor has, in a letter dated 15 May, requested Attorney General Sanjay Rajaratnam, PC, to expedite the process. The copies of the lawyer’s letter have been forwarded to IGP C. D. Wickremaratne, Chairperson of the Human Rights Commission Justice Rohini Marasinghe, and Prime Minister Ranil Wickremesinghe.

The Association has asked the AG whether the delay in taking those who had influenced the unprovoked attacks on protesting public into custody was because of their political status, political intervention hampering investigations or any other reason.

The association’s President and Attorney-at-Law Lakshman Perera told The Island that the public was seriously concerned about the double-standards in the CID’s response to the unprovoked attacks obviously carried out at the behest of those at the helm of Temple Trees and retaliatory violence.

Referring to the association’s letter to the AG, lawyer Perera said that the police headquarters over the weekend declared the arrest of over 200 persons in connection with retaliatory attacks whereas none of those whose passports were impounded were taken. Lawyer Perera noted that Police Spokesman and Attorney-at-Law SSP Nihal Thalduwa on Sunday (15) announced the arrest of a 49-year-old employee of Moratuwa Municipal Council in connection with the attacks on protest sites. SSP Thalduwa said that the CID took him into custody at Moratuwella, Moratuwa.

The Colombo High Court Lawyers’ Association has requested the AG to instruct the CID to take those who had been named in the court proceedings into custody without delay.

The IGP directed the CID to inquire into the incidents following a missive from the AG, who drew attention of the Police Chief to the domestic and international ramifications of the May 09 mayhem.

The association has queried whether the AG could file charges against some of those politicians who had allegedly instigated attacks in terms of Section 03 of the International Covenant on Civil and Political Rights (ICCPR) Act No 56 of 2007.

Convenor Fernando warned the AG that the integrity of his Office is in question against the backdrop of both the legal fraternity and the citizenry relentlessly demanding expeditious handling of the Temple Trees case.

The association has emphasised that the ongoing investigations are under the purview of the AG in terms of Section 393 of the Code of Criminal Procedure Act No 15 of 1979. Referring to the extensive coverage of the incidents in the mainstream as well as the social media, the association has questioned the honesty and the efficiency of the CID.

Appreciating the swift action taken by the AG’s Department in respect of principal suspects to secure a travel ban, the association has reminded the President’s Counsel Rajaratnam that the outfit is about to file action against the same lot and some additional suspects when the AG intervened.

Lawyer Perera said that if not for the AG initiating action, the association would have done the needful. The entire world was watching how the government handled this situation, he said, adding that it would be the responsibility of the AG to ensure justice.

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