I am writing this on behalf of the Asian Human Rights Commission to raise an issue regarding a problem of policy which is affecting the capacity of the Sri Lankan government to provide legal assistance to migrant workers who are facing serious charges may carry the death sentence before courts in several countries. In some cases the death sentence has already been pronounced after trials in which the Sri Lankan citizens were not legally represented.
Last night, (July 26, 2007) in an interview with the BBC Sinhala Service, the Deputy Minister for Foreign Affairs, Mr. Hussein Bhaila, candidly explained that, at the moment, there is no possibility of the Sri Lankan government providing payments for lawyers who may represent Sri Lankan migrant workers in courts, due to an absence of policy on the matter. He gave a lengthy explanation regarding four Sri Lankans who have already been sentenced to death and several others who are facing trials which may result in the death sentence before courts in Middle Eastern countries. He was categorical and unambiguous in stating that due to the lack of a policy and a procedure to provide such payments for lawyers to make legal representation, it is not possible to make such payments. He stated that this is a matter on which he personally cannot do anything about, but that it is for the government to make a policy decision on this matter.
It is rather unfortunate that Sri Lankas accession to the Vienna Convention on Consular Relations in May, 2006 has not been followed by the issuing of clear policy guidelines on this matter. The Vienna Convention makes it a duty of the receiving state (in the relevant cases, Saudi Arabia, Kuwait or other Middle East countries) to inform the Sri Lankan consular post about the arrest or committal to prison or the custody pending trial or of the detention in any other manner, of a Sri Lankan citizen. The receiving state must also inform the person concerned, without delay, of his or her rights under this provision. Thus, if the Sri Lankan state has requested the competent authorities in Saudi Arabia or any other country to inform its consular post of any arrest, detention or trial, the receiving country would be under obligation to provide such information without delay. Therefore there is a need for the Sri Lankan state to request all the concerned countries to provide such information without delay.
Under the Vienna Convention, consular officers also have the right to arrange for legal representation for persons arrested, detained or facing trial in the receiving country. As a party to this convention it is a matter of right for the state of Sri Lanka to be able to arrange for the legal representation for its citizens. The policy issue directly arising from this is whether the Sri Lankan government wants to exercise this right. It is difficult to believe that any state would not want to exercise such a right. However, for whatever reason the Sri Lankan state has not made a decision to exercise the right to arrange for legal representation for its migrant workers facing arrest, detention and trial in foreign lands.
It was this problem that the Deputy Minister for Foreign Affairs, Mr. Hussein Bhaila, raised this morning. We hope that through your kind intervention a policy decision on this issue will be made, clearing the way for the use of the rights acquired under the accession to the Vienna Convention on Consular Relations.
Assuring you of our highest cooperation on all matters relating to the protection and promotion of human rights, of all Sri Lankan citizens, I remain,
Yours sincerely,
Basil Fernando
Executive Director
Asian Human Rights Commission
cc: Hon. Rohitha Bogollagama, MP – The Ministry of Foreign Affairs, Sri Lanka
