24 April 2020
BAR ASSOCIATION OF SRI LANKA
Dear Sirs,
UNLAWFUL DETENTION AND LACK OF ACCESS TO LAWYERS FOR MR HEJAAZ HIZBULLAH, AAL
We write with deep concern as Attorneys at Law regarding the very serious situation surrounding the detention of Mr Hejaaz Hizbullah, Attorney at Law in denial of his right to due access to legal counsel and his family.
We believe that as the professional body entrusted with safeguarding a conducive environment for its members to engage in professional duties freely and fearlessly, the Bar Association of Sri Lanka (BASL) should take swift, effective and meaningful action where legal guarantees of its members are denied. We call upon the BASL to consider the following and take necessary action immediately to ensure Mr Hizbullah's rights are guaranteed and due process is adhered to:
a) We refer to the attached statement by members of civil society that highlight circumstances of his arrest and detention and further note that over 8 days have passed since the arrest and detention of Mr Hizbullah. We understand that the situation has not changed up to date;
b) Neither reasons for his arrest nor provisions of law under which he is continued to be detained has been officially served upon him. This violates the basic Constitutional shield from being arrested except according to
procedure established by law and the right to be informed of the reason for the arrest (Article 13(1) of the Constitution);
c) We further understand that he has not even been produced before a Magistrate to date, in violation of the right to judicial oversight of the custody and propriety of conditions involved;