• Slam the Public Security Minister’s ignorance of the presumption of innocence, right to legal representation  

The Colombo High Court Lawyers' Association (CHCLA) urged politicians not to make baseless statements which could be harmful to the integrity of attorneys-at-law.

In a letter to President Ranil Wickremesinghe on Tuesday (19) regarding a recent statement made by Minister of Public Security Tiran Alles about the conduct of lawyers and the appointment of Senior Deputy Inspector General of Police Deshabandu Tennakoon as the Acting Inspector General of Police (IGP), the CHCLA stated that Alles has made the particular statement without any knowledge of the proceedings of the law.

The CHCLA condemned the statement made by Alles which they claimed undermined the role and duty of attorneys as lawyers are defending various types of suspects produced before courts according to the established law of this country. Alles has alleged that certain leading lawyers who are appearing for “criminals” protested against Tennakoon's appointment as the acting IGP.

Stressing that the defence of suspects, regardless of the allegations against them, is a constitutional right of every citizen in Sri Lanka, the CHCLA noted that this right is not subject to the wishes or whims of any individual, including the Minister of Public Security. It is further stated that the presumption of innocence is a fundamental principle in the legal system of Sri Lanka and many other democratic nations, and that therefore, it is a cornerstone of justice that asserts that every individual is to be considered innocent until proven guilty beyond a reasonable doubt as per Article 13 of the Constitution.

The CHCLA highlighted that the presumption of innocence serves as a safeguard, protecting individuals from unjust accusations and ensuring a fair and impartial legal process, and that it places the burden of proof on the prosecution, requiring them to present sufficient evidence to establish the guilt of the accused, and that until such evidence is presented and proven, the accused is to be treated as innocent and should not endure any prejudicial treatment or discrimination. 

“In accordance with the presumption of innocence, it is the duty of judges, attorneys, and all stakeholders in the legal system to uphold and respect this principle. It requires judges to maintain objectivity, ensure fair trial procedures, and consider all the evidence presented before making a judgement,” they said.

On this basis, the CHCLA claimed that Alles’ statement is baseless and as responsible people in the society, they must refrain from making such baseless statements which could tarnish the integrity and the reputation of the entire profession.