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UPDATE (Sri Lanka): Inaction of the Bar Association to find redress for the victim

September 2, 2004

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 3 September 2004

(UA-79-2004: SRI LANKA: Tortured army officer complains to Bar Association of Sri Lanka after his lawyers withdraw case issued on 2 July 2004)
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UP-51-2004: SRI LANKA: Inaction of the Bar Association to find redress for the victim

SRI LANKA: Independence of lawyers; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that despite the earlier appeal of Mr. R.K.L.G. Dingiri Banda to the Bar Association of Sri Lanka, nothing has yet been done to correct the matter. Mr. Dingiri Banda had complained to the Bar Association that he had filed a fundamental rights application before the Supreme Court in 2001 regarding his torture by two superior officers, but his defense lawyer A.H.H. Perera withdrew the case against the victim's wishes during the case hearing in the Supreme Court on 28 June 2004. (Refer to: UA-79-2004)

In his complaint the victim claimed that that the assigned lawyer was partial towards the respondent officers and after the court hearing on June 28, he tried to get them to pay 100,000 rupees (about US$ 977) to settle the case, which the victim refused to take. Attorney-at-Law A.H.H. Perera was provided by the Human Rights Centre of the Bar Association to appear for Mr. Bingiri Banda. Mr. Dingiri Banda is still trying to find legal redress on his case and disciplinary action against the lawyer concerned by the Bar Association.

AHRC again call for your urgent action on this matter. Please write a letter to the Bar Association of Sri Lanka and demand them to take strong action against the responsible lawyer and take appropriate measures to get Mr. Dingiri Banda’s case re-listed for a hearing in court.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

Victim: R.K.L.G. Dingiri Banda, a lieutenant of the Sri Lankan Army allegedly tortured by two superior officers
Complaint lodged against: The Attorney-at-Law A.H.H. Perera who was assigned by the Human Rights Centre of the Bar Association of Sri Lanka and appeared for the victim in his fundamental rights application to the Supreme Court

AHRC is deeply concerned that Mr. R.K.L.G. Dingiri Banda’s human rights as a Sri Lankan citizen have been violated by the Bar Association of Sri Lanka in its failure to investigate and to take appropriate action regarding the complaint he made to the Bar Association against Mr. A.H.H. Perera, Attorney-at-Law.

In his earlier written complaint to the Bar Association on 30 June 2004, Mr. R.K.L.G. Dingiri Banda claimed that his defense lawyer A.H.H. Perera, who was provided by the Human Rights Centre of the Bar Association to appear for him, had acted contrary to his written instructions in that the lawyer terminated the proceedings before the Supreme Court of Sri Lanka against his expressed instructions on 28 June 2004. He further stated that after the hearing the said lawyer met with the two respondents and tried to get the respondents to give Dingiri Banda Rs. 100,000 (about US$ 977), which the victim refused.

However, despite his request to the Bar Association for inquiring into the matter and takeing disciplinary against the responsible lawyer, nothing has yet been done to correct this situation. Also, no serious action has been taken by the Bar Association to get his case re-listed for hearing in court despite his repeated request.

According to Mr. Dingiri Banda, he only received a letter of acknowledgement from the administrative officer of the Bar Association and in the letter the name of the Attorney-at-Law he complained against (Mr. A.H.H. Perera) was not mentioned and instead another Attorney-at-Law’s name was substituted.

Mr. Dingiri Banda also said that the Human Rights Centre of the Bar Association wrote a letter to Mr. A.H.H. Perera which was copied to him requesting Mr. Perera to take action to get his case re-listed for hearing.?He has since written to Mr. Perera to take action on the basis of the request by the Human Rights Centre of the Bar Association but Mr. Perera has not replied to this letter.

The right of prompt inquiries is a basic human right without which the making of complaints has very little use.?In two recent pronouncements of the UN Human Rights Committee against Sri Lanka this matter has been stressed.?As the topmost professional body of the legal profession it is only appropriate that the Bar Association of Sri Lanka provide an effective remedy to the victim who complained about unprofessional behavior of lawyers.

Considering the allegedly grave injustice done to Mr. Dingiri Banda by the aforementioned conduct of the said lawyer Mr. A.H.H. Perera, AHRC requests the Bar Association of Sri Lanka to take prompt action to investigate into the victim’s complaint and take appropriate measures to grant redress as requested by him.

SUGGESTED ACTION:
Please write a letter to the Bar Association of Sri Lanka and request them to investigate this matter and take strong action against the lawyer concerned without delay.

Suggested letter:

Dear ____________,

Re: SRI LANKA: Inaction of the Bar Association to find redress for the victim; Complaint by R.K.L.G. Dingiri Banda of No. 69, Track 02, Orubandisiyambalawa, Bakamuna Against A.H.H Perera- Attorney At Law. Re. Termination of proceedings in S.C.-FR No 24/2001 (Special)

Victim: R.K.L.G. Dingiri Banda, a lieutenant of the Sri Lankan Army allegedly tortured by two superior officers
Complaint lodged against: The Attorney-at-Law A.H.H. Perera who was assigned by the Human Rights Centre of the Bar Association of Sri Lanka and appeared for the victim in his fundamental rights application to the Supreme Court

I have learned of the negligence of your Bar Association of Sri Lanka regarding the complaint of Mr. R.K.L.G. Dingiri Banda. Earlier Mr. Banda had complained to your Association that Attorney-at-Law A.H.H. Perera who was provided by the Human Rights Centre of the Bar Association to appear for him withdrew his fundamental rights application before the Supreme Court on 28 June 2004 against his repeated instruction to pursue the case. However, despite his complaint nothing has yet been done to correct this matter and in fact it seems that your Association failed to investigate and to take the appropriate action against Mr. A.H.H. Perera, Attorney-at-Law.

The right of prompt inquiries is a basic human right without which the making of complaints has very little use.?As the topmost professional body of the legal profession it is only appropriate that the Bar Association provide an effective remedy to litigants who complain about the alleged unprofessional behavior of lawyers.

Therefore, I kindly ask you to take prompt action into the complaint of Mr. R.K.L.G. Dingiri Banda and take appropriate measures to grant redress as he requested. I also request you to take strong action against the lawyer concerned for the violation of his professional obligations as a member of the legal profession.

Thank you.

Yours sincerely,



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Send a letter to:

Ikram Mohamad P.C.
President
Bar Association Of Sri Lanka
Colombo 12
SRI LANKA
Tel/fax: +94 11 2 448090
Email: basl@eureka.lk

Send a copy to:

1. Dr. Radhika Coomaraswamy
Chairperson
National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk

2. Mr. Leandro Despouy
Special Representative on the Independence of judges and lawyers
OHCHR-UNOG, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 9175727
Fax: +41 22 9179006

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-51-2004-01
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.