9th August 2022

Mr. C. D. Wickremeratne,
The Inspector General of Police,
Police Headquarters,
Colombo 1.

Dear Mr. Wickremeratne,

ARRESTS BEING CARRIED OUT WITHOUT FOLLOWING DUE PROCESS

We draw your attention to complaints received by the Bar Association of Sri Lanka (BASL) from its
members relating to arrests and detentions being carried out without adherence to due process in a
manner akin to abductions.

The Bar Association of Sri Lanka has received complaints from its members and the Colombo
Magistrate’s Court Lawyers’ Association on the arrests of persons by police officers dressed in civilian
clothing and without possessing any identification.

It is alleged that persons so arrested have been taken away in unidentifiable vehicles and kept for
several hours at undisclosed locations. 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 once such instance a suspect named Anthony Veranga Pushpika de Silva had been taken away by
persons in civilian clothing and his whereabouts unknown for six hours. He was eventually found by
Attorneys-at-Law to be in police custody. In another instance a suspect named Mangala Maddumage
had been taken into custody by two persons in civilian clothing and his whereabouts known only a few
hours later. In a third instance a student studying at the Kelaniya University had been abducted and
questioned for nearly three hours before being released.

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
will 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.

We draw your attention to some of the provisions of the International Convention for the Protection
of All Persons from Enforced Disappearance Act, No. 5 of 2018.

Section 15 of the said Act provides as follows:

15. (1) No person shall be held in secret detention.

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(2) Any person deprived of liberty shall have the right to communicate with and be visited by his
relatives, attorney-at-law or any other person of his choice, subject only to the conditions established
by written law.

(3) Law enforcement authorities, and the Human Rights Commission of Sri Lanka, shall have access to
the places where persons are deprived of liberty.

Section 16 of the said Act states as follows:

16. (1) Any relative of a person deprived of liberty, the representative of a person deprived of liberty or
an attorney-at-law of a person deprived of liberty shall have the right to access the following
information:-

(a) the person or authority that ordered the deprivation of liberty;

(b) the date, time and place where the person was deprived of liberty and admitted to the place of

deprivation of liberty;

(c) the authority responsible for supervising the deprivation of liberty;

(d) the whereabouts of the person deprived of liberty, including, in the event of a transfer to another
place of deprivation of liberty, the destination and the authority responsible for the transfer;

(e) the date, time and place of release;

(f) information relating to the state of health of the person deprived of liberty; and

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.

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, we call upon you 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 are given to all police officers in respect of the above.

Thanking you,
Yours faithfully,

Saliya Pieris PC Isuru Balapatabendi

President Secretary
Bar Association of Sri Lanka Bar Association of Sri Lanka
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