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BASL expresses grave concern over arrests and detention of protestors by police

10 Jul 2021

In a letter addressed to the Director General of Health Services Dr. Asela Gunewardena and the Inspector General of Police Chandana Wickremeratne, the Bar Association of Sri Lanka (BASL) expressed its grave concern at the arrests and detention of protestors by the Sri Lanka Police ostensibly for violating Health Regulations relating to COVID-19.  “These arrests have occurred subsequent to a Press Release by the Police Media Division bearing Reference No. PMD/PR/845/21 dated 06-07-2021 which purports to convey an extract from a letter bearing Reference No. DDG(PHS)1/DO2/7/13/2017/20 sent by the Director General of Health Services to the Police. The date on which the said letter of the Director General of Health Services had been issued has not been disclosed,” the BASL said. It notes that during the past few days, the Sri Lanka Police has carried out a number of arrests of persons engaged in peaceful protests on different issues and produced them before courts of law.  The BASL highlighted that public protests straddle three important Fundamental Rights in the Constitution namely the Freedom of Speech and Expression, the Freedom of Peaceful Assembly and the Freedom of Association guaranteed by Articles 14(1)(a), (b) and (c) of the Constitution. Additionally, it stated that public protests also strengthen the Freedom of Thought which is entrenched as a Fundamental Right by Article 10 of the Constitution.  “The rights under Article 14(1) may be restricted by law in the interests of public health, however, such restriction must be done by law; must have a nexus to the objective sought to be achieved and must be reasonable,” the Association said. Accordingly, it was mentioned that the BASL has carefully perused the Health Guidelines issued by the Director General of Health Services which permit several indoor and outdoor activities. These include inter alia the operation of spas, supermarkets and restaurants. While the guidelines allow for the opening of liquor shops and also permit exercise and jogging outdoors, the BASL stated that the said guidelines have not listed public protests or outdoor meetings as prohibited activities. “Even the contents of the said Press Release do not contemplate a total prohibition of meetings and protests but only seeks to prevent meetings and protests involving a mass gathering of people. As such, meetings and protests which are carried out in compliance with Health Guidelines are not prohibited,” it highlighted. The BASL is of the view that any organized protests should be carried out in a manner that it does not pose a risk to public health and that persons who intend to participate in protests or marches or similar exercises must ensure that they conform to health guidelines in their own interest and in the interests of the general public. However, at a time the Director General of Health Services has thought it fit to ease restrictions previously imposed, the BASL iterated that there is no reasonable cause whatsoever for the Police to act in a heavy-handed manner when dealing with protesters.  “In certain instances, after such protesters are released on bail by the Magistrates before whom they were produced, they have been taken away against their will to quarantine centres by Police officers, sometimes without even informing them or their families of where they were being taken, it stated. The Association has also taken note of several instances and is deeply concerned as to how individuals after having been granted bail have been forcibly seized from the precincts of the courthouses and sent to quarantine against their will.  “There is scant evidence that such decisions were based on the advice of health officials such as Public Health Inspectors. Compounding these concerns are the fact that by now even persons infected with COVID-19 and their first contacts are being quarantined at their respective homes or hotels, rather than being taken to Quarantine Centres,” the Association stated. The BASL also drew attention to the Regulations made by the Minister of Health published in Gazette Extraordinary No. 2197/25 dated October 15, 2020 which is applicable to COVID-19.  “In terms of Regulation 91 of the said Regulations: "It shall be lawful for the proper authority in any diseased locality in relation to the Coronavirus Disease 2019 (COVID-19) to - (a) restrict the movement of persons; (b) take or require any person to take a diseased person or a person suspected to be diseased to a hospital, place of observation or quarantine centre for treatment or quarantine purpose; or (c) direct any person suspected to be a diseased to be self-quarantined in his house, premises or place of residence for a period not exceeding the incubation period as may be determined by the proper authority for the whole of Sri Lanka,” it explained. Due to this, the BASL stated that quarantining must relate to a person who has contracted the disease or is suspected to have contracted the disease and to no other.  "Clearly, quarantine is a health precaution and should not be used as a punishment or mode of detention. The aforesaid acts of forced detention in quarantine centres are arbitrary and unlawful are an affront to the judiciary who have released the said persons on bail. Such arrests and forcible detentions have a negative effect on and undermine the genuine efforts being taken by the health authorities, the security forces and the police to combat COVID-19,” it stated. Therefore, the BASL requested the Inspector General of Police to direct officers to refrain from arresting and detaining persons who are exercising their peaceful right to protest.  Meanwhile, the Director General of Health Services was called on to not to allow the Health Guidelines to be abused in a manner which has a chilling effect on the freedom to dissent and to ensure that Health Regulations and Guidelines are used only for the purpose they were promulgated for. The excessive force used by the Police in dealing with the protestors is also an area of concern for the BASL. To this effect, it stated that the use of excessive force by the Police on numerous occasions previously has also been brought to notice.


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