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BASL writes to IGP over Police ‘abductions’

11 Aug 2022

The Bar Association of Sri Lanka (BASL) has written to Inspector General of Police (IGP) C.D. Wickramaratne, drawing his attention to complaints received by the BASL from its members relating to arrests and detentions being carried out without adherence to due process “in a manner akin to abductions”.  The BASL said it has received complaints from its members and the Colombo Magistrate’s Court Lawyers’ Association regarding the arrests of persons by police officers dressed in civilian clothing and without possessing any official identification.  It is alleged that persons so arrested have been taken away in unidentifiable vehicles and detained for several hours at undisclosed locations, the BASL stated.  “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 one such instance, a suspect named Anthony Veranga Pushpika de Silva had been taken away by persons in civilian clothing and his whereabouts were unknown for six hours. He was eventually found by attorneys-at-law to be in custody of the Police, 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 were known only a few hours later. In a third instance, a student studying at Kelaniya University had been abducted and questioned for nearly three hours before being released, it charged.  “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 would 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 BASL said 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 that 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 be given to all police officers in respect of the above.


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