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  • රාජ්‍ය අමාත්‍ය පියල් නිශාන්තට කොරෝනා
    (බිමල් ශ්‍යාමන් ජයසිංහ)         කාන්තා හා ළමා සංවර්ධන පෙර පාසල්, ප්‍රාථමික අධ්‍යාපන පාසල් යටිතල පහසුකම් හා අධ්‍යාපන සේවා රාජ්‍ය අමාත්‍ය පියල් නිශාන්ත මහතාට, බිරිඳට‍ සහ දරුවාට ද  කොරෝනා වයිරසය ආසාදිත වී ඇති බවට අද(18) තහවුරු වූ බව කළුතර සෞඛ්‍ය විද්‍යාතනයේ ප්‍රකාශකයෙක් පැවසීය.

    කළුතර දිස්ත්‍රික් ලේකම් කාර්යාලයේ සහකාර අධ්‍යක්ෂකවරයෙකුට ...
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  • State Minister Piyal Nishantha contracts COVID-19
    Women and Child Development State Minister Piyal Nishantha tested COVID-19 positive, the State Minister confirmed. Publishing a post on his official Facebook page, the State Minister said he has been infected with the virus and added that he would follow the instructions given by the health authorities. “I also request those who came into contact with me in last few days, to take necessary steps and precaution as per the guideline given by health officials,” he said in the post. He was confirmed to have been infected with the virus following a rapid antigen test. Piyal Nishantha was also seen in the occasion held on January 14 to declare open Southeast Asia’s largest tyre manufacturing facility at Wagawatta in Horana, where President Gotabaya Rajapaksa and several Ministers and State Ministers were present. Ministers Rohitha Abeygunawardena,...
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  • SL human rights situation seriously deteriorated under Gotabaya’s Govt.: Report shows
    Sri Lanka’s human rights situation has seriously deteriorated under the administration of President Gotabaya Rajapaksa, Human Rights Watch said in its World Report 2021.

    Government security forces have increased intimidation and surveillance of human rights activists, victims of past abuses, lawyers, and journalists. Minority Muslim and Tamil communities have faced discrimination and threats. The government pushed through passage of a constitutional amendment that undermines judicial independence and weakens oversight institutions, such as the Human Rights Commission of Sri Lanka. In February, Sri Lanka withdrew its commitments to the 2015 United Nations Human Rights Council for truth-seeking, accountability, and reconciliation following the country’s long civil war.

    “The Rajapaksa administration has quickly reversed...
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  • Politics Behind Muslim Burial

    Dr. Ameer Ali No scientist or epidemiologist anywhere in the world has so far proved with solid evidence that corona virus would spread from buried corona-killed corpses. Only in Sri Lanka a so-called committee of health experts belonging to the establishment, expressed an opinion that because of high water level in the ground that virus has the potential to spread, if those died from it are buried. Hence, they recommended indiscriminate cremation hitting directly at religious sensitivity of Muslims. No amount of protest from local Muslims or from Muslim organizations abroad, and not even advice from WHO to the contrary could convince President Gotabaya Rajapaksa and his government to relent. The President maintains that unless the experts committee shows the green light he will not budge. This is...
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  • හිස්බුල්ලා පෙන්නලා බිල්ලා මවනවා
    (යොහාන් භාසුර)   ශානි අබේසේකර සහ හිජාස් හිස්බුල්ලා වැනි පුද්ගලයන් පෙන්වා බිල්ලන් මවා ජාතිවාදය වපුරවමින් රට විනාශ නොකරන ලෙස සමඟ ජනබලවේග මන්ත්‍රී හරීන් ප්‍රනාන්දු මහතා පාර්ලිමේන්තු විවාදයට එක්වෙමින් පැවසීය.  එහිදී මන්ත්‍රී හරීන් ප්‍රනාන්දු මහතා වැඩිදුරටත් මෙසේ ද පැවසීය.

    “ශානි අබේසේකර, හිජාස් හිස්බුල්ලා පෙන්වලා මේ...
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  • CID dont produce Hizbullah , say positive for Covid 19
    The Criminal Invesitgations Department which were scheduled to produce detained Attorney at Law Hejaaz Hizbullah this afternoon before the Fort magistrate , did not produce him and informed court that he had been tested positive for Covid 19. Mr. Hizbullahs wife , attorneys and the Court were informed by officers of the CID that he would be produced today at 2. 00 PM at the Fort Magistrates court. Officers of the CID informed court staff that they intend producing Hizbullah following which Magistrate Priyantha Liyanage had made order that the case be taken up at 2. 00 PM today. The news of production came after Mr. Romesh De Silva PC supported a writ application for lawyers access and made representations on behalf of Mr. Hizbullah. Earlier a writ application was filed before the court of appeal seeking access to detainee Hejaaz Hizbullah...
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  • Analysing Sumanthiran: A Reality Check On Hejaaz, Muslim Politicians & Lawyers
    On 09/12/2020, at the Committee Stage Debate in the Parliament on the Appropriation (2021) Bill, Honourable Member of Parliament Mr. M.A. Sumanthiran made some terse remarks given the limited time allotted to him.
    He justified the need for an international inquiry and international judicial process to look into serious crimes committed in this country which has an impact on international law. In order to drive home his point, he alluded to several instances and, euphemistically made reference to the “depths to which your judicial system has sunk”. As a recent example he cited Mr. Hejaaz Hizbullah, an Attorney at Law who is currently in detention. Mr. M.A. Sumanthiran said, “a brilliant young lawyer denied justice for eight months. All kinds of false allegations were made against him.”  Further, he drew attention to the fact that...
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  • To Burn Or To Bury? The Deadly Question
    To burn or to bury? That has become the bedeviling Covid-19 question in Sri Lanka with no respect for the dead and no empathy for those who are left to mourn. According to WHO guidelines, Covid-19 victim’s bodies are not infectious, unless other complications are involved – such as hemorrhagic fevers (Ebola, Marburg) or cholera. In general, dead bodies themselves are not infectious, but body fluids are and they secrete even after death. So, there is universal insistence on and compliance with the protocols for handing dead bodies, not only by funeral workers but also by families. But the question, whether cremation or burial, is a redundant question and it has been unnecessarily overwrought. But only in Sri Lanka, and chiefly by the  government itself.

    For perspective, there have been public protests against cremating Covid-19...
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  • Behind The Muslim Burial Issue
    By Ameer Ali –

    In no country in the world except Sri Lanka and perhaps its “predator” ally China that Muslims are cremated when they die because of Covid-19; and no epidemiologist, virologist or medical expert in the world except the chief health officer in Sri Lanka believes that Corona virus would spread if the victims are buried. This officer spuriously justified his stand on the ground that the underground water level in the country is too high. His argument, backed by a so-called soil scientist, Meththika Vithanage from Jayawardenapura University, who wrote, “break the ground and infect us all”, has now been accepted as heavenly truth by sections of local Buddhist clergy, members of Gotabaya Rajapaksa’s Viyathmaga and Rajapaksa’s government. Allowing burial for Muslims is to bury the regime itself, said one such...
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  • අමාත්‍යංශ නියෝගය එනතුරු සිරුර ශීතාගාරයේ
    අමාත්‍යංශ නියෝගය එනතුරු සිරුර ශීතාගාරයේ (සිරංගිකා ලොකුකරවිට)
    ගාල්ල දෙද්දුගොඩ ප්‍රදේශයේ පදිංචිව සිටිය දී කොරෝනා ආසාදනය වීමෙන් මියගිය පුද්ගලයාගේ මළ සිරුරු ආදාහනය නොකර ශීතාගාරයක තබන ලෙස ගාල්ල අතිරේක මහේස්ත්‍රාත් පවිත්‍රා සංජීවනී පතිරණ මත්මිය අද (21) නියෝග කළාය. අතිරේක මහේස්ත්‍රාත්වරිය මෙම නියෝගය කළේ, එම...
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Analysing Sumanthiran: A Reality Check On Hejaaz, Muslim Politicians & Lawyers

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By Mass L. Usuf

Mass Usuf

On 09/12/2020, at the Committee Stage Debate in the Parliament on the Appropriation (2021) Bill, Honourable Member of Parliament Mr. M.A. Sumanthiran made some terse remarks given the limited time allotted to him.

He justified the need for an international inquiry and international judicial process to look into serious crimes committed in this country which has an impact on international law. In order to drive home his point, he alluded to several instances and, euphemistically made reference to the “depths to which your judicial system has sunk”. As a recent example he cited Mr. Hejaaz Hizbullah, an Attorney at Law who is currently in detention. Mr. M.A. Sumanthiran said, “a brilliant young lawyer denied justice for eight months. All kinds of false allegations were made against him.” Further, he drew attention to the fact that if there were any grounds for prosecution, they should have filed charges against him. The Opposition Member of Parliament questioned the Minister of Justice Mr. Ali Sabry “what were you doing for eight months?”

 

Voicing concern over the sacrosanct Attorney/Client communication, he pointed out that two of the client briefs of Attorney Mr. Hejaaz Hisbullah were taken away. He also deplored the fact that Hejaaz had not been given proper access to his lawyer. Mr. Sumanthiran then emphatically asked the million-dollar question, “if you treat a lawyer like that how do we expect you to treat anybody else?”

Silencing The Voice

Like Mr. Sumanthiran not many Muslim politicians dare to express themselves in Parliament. One may question, why not? The answer is in the lack of cohesiveness between the Muslim politicians, at least on matters of common interest. It is very rare. Some are gagged by the influence of external factors, political slavery. Ironically, among them are also those probably not really aware why the hell they are sitting in Parliament – day dreaming!

 

As for the handful of the handful who wish to speak, the moment they do say something relating to the detention of Hejaaz and the many others or on any matter relating to the Easter Sunday attack, they would be accused of aiding and abetting extremism. Many government members in Parliament, deliberately do not allow the person to speak by drowning his voice with louder noise of interruptions and unruly behaviour.

Hot on the heels of such accusations are the notorious spin doctors, the media. They would build up a misleading or deceptive story incriminating the politician to create a negative impact of that person. Other vested interests, in this grand agenda, would pick it up from there and give their own interpretation, modify and reframe the allegations exacerbating the negative public opinion created. By this method the voice of the few who have the nerve to speak are often silenced or overwhelmed by disturbance. Freedom of expression, leave alone outside the Parliament, even under the Parliamentary Privileges has been stultified in our august assembly by vested interests.

Psychological Torture

 

Mr. Hejaaz Hizbullah is not alone. Like him there are so many others under detention orders unable to make sense of what is in store for them. Neither charged nor released, they are in a continuous state of suspense. Just like a live bird in a skewer over fire. It does not want to die burning but, yet, it does not have the freedom to fly away. This state of affairs naturally causes much anxiety and depression not only to those who are detained in this manner but also to the near and dear ones. This is plain and simple mental torture violating the fundamental right against torture enshrined in the constitution besides the international ratifications.

(1) The Charter of the United Nations in relation to obligation of States under the Charter states in Article 55 (c):

“universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.”

(2) The United Nations Universal Declaration of Human Rights 1948 banning torture mentions in Article 5:

“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

(3) The ban is further enshrined in Article 7 of the International Covenant on Civil and Political Rights:

“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

(4) The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted in 1984 defines torture, in Article 1.1:

“For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person …”

Article 2.2

“No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.”

The infamous PTA

The infamous and dreaded Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 as amended provides the legality for such incarceration. The PTA was a law enacted to prevent terrorism but it is alleged that many people with no connection to terrorism have been arrested and detained under its provisions.

Imagine the sorry predicament of an Attorney who is supposed to work for the advancement of civil liberties, fearing for his own civil liberty. Is it something to laugh at or a signification of a continuously corroding system? The constant reminder of what happened to Hejaaz hangs like the Sword of Damocles over the head of Muslim lawyers. They were in other words indirectly pressurized into silence except for some selected Attorneys. Who would want to face the situation that Hejaaz Hizbullah is in? This form of pressure is not sustainable because with the passage of time, people do bounce back when the level of tolerance is exceeded.

Fear Psychosis At Work – Lawyers

With the arrest of Hejaaz, the Muslims lawyers felt an unprecedented sense of insecurity in their professional and personal life. Such was the threat of the PTA and its tool of unpredictable detention. Members of the legal profession are supposed to be in a privileged status because they are part of ‘the administration of justice and essential for the maintenance of law and order and the preservation and advancement of civil liberties and the maintenance in general of the rule of law’. (Professional Ethics, A.R.B. Amerasinghe, Page 43)

We also witnessed the most unfortunate split among lawyers on the matter of Hejaaz. Can it be considered fair if the public questions the depth to which the legal profession has sunk. (See: Gota’s ‘Sinhala-only’ lawyers mount offensive to keep Attorney Hejaaz Hizbullah in illegal detention, Colombo Telegraph: 02/05/2020).

Such unprofessionalism was openly noticed among some of the doctors too, who failed to speak out on Dr. Shafi’s issue, the so called ‘wanda pethi’ and so many other stupidest allegations made.

It is a shame to see professionalism being a pawn to racism and racist agendas. Professional ethics and conduct demand a level higher than the conduct of an average person. “The legal profession has a responsibility to ensure that its guiding principles are conceived in the public interest and not in furtherance of parochial or self-interest concerns of the Bar and its members.” (ibid, Page 43).

Unaware of the pressure, limitations and fear that had mentally terrorised most of the Muslim lawyers, the Muslim community was often accusing the Muslims lawyers for maintaining silence at times they were supposed to speak out.

In the words of Crampton J. in Rex v. O’Connell:

“This court in which we sit is a temple of justice; and the advocate at the bar, as well as the judges upon the benches, are equally ministers in that temple. The object of all equally should be the attainment of justice; now justice is to be reached through the ascertainment of the truth…”

It is time that the legal fraternity get their act together and function in furtherance of justice, equity and fairness. Let the lawyers stand up as true and good professionals and be an example to other professions as well. The Bar Association of Sri Lanka as the premier institution of the legal profession may have a major role to play in this area o

 

https://www.colombotelegraph.com/index.php/analysing-sumanthiran-a-reality-check-on-hejaaz-muslim-politicians-lawyers/?fbclid=IwAR2t-wtdscB6fUxBX74FHIfmtnbQqMDuSkjqBUOKSvChvzYYTl2QbWdJGs8

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