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  • Sri Lanka court orders release of lawyer held for two years
    A Sri Lankan court has ordered the release on bail of a lawyer arrested over his alleged links to the 2019 Easter Sunday bombings and held for nearly two years on charges rights groups say lacked credible evidence. Hejaaz Hizbullah was arrested in April 2020 and accused of being linked to the attacks on churches and hotels that left 279 people dead. But after prosecutors failed to provide evidence of his involvement in the attacks, blamed on a local group, he was instead Read More...
  • Hejaaz Hizbullah leaves from remand custody
    Attorney-at-law Hejaaz Hizbullah today left from remand custody after fulfilling his bail conditions before Puttlalam High Court.

    He was incarcerated for 22 months for allegedly committing offences come under the Prevention of Terrorism Act.Last Monday (07), the Court of Appeal ordered to release Hizbullah on bail pursuant to a revision application filed on behalf him.Hizbullah was ordered to be released on a cash bail of Rs.100,000 with two sureties of Rs.500,000 by Puttlalam High Court Judge Kumari Abeyratne. He was further ordered to report to the DIG office of Puttalam Police Division every second and fourth Sunday of every month.An indictment under the Prevention of Terrorism Act and the International Covenant on Civil and Political Rights (ICCPR) Act has now been served on Hejaaz Hizbullah. According to the indictment, Hizbullah...
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  • හිජාස් ගෙදර යයි

    (නිමන්ති රණසිංහ සහ හිරාන් ප්‍රියංකර ජයසිංහ) ත්‍රස්තවාදය වැළැක්වීමේ පනත සහ සිවිල් හා දේශපාලන අයිතීන් පිළිබද ජාත්‍යන්තර සම්මුති පනත ප්‍රකාරව චෝදනා ලැබ වසර දෙකකට ආසන්න කාලයක් රක්ෂිත බන්ධනාගාර ගත කර සිටි නිතීඥ හිජාස් හිස්බුල්ලා මහතා අභියාචනාධිකරණ නියෝගය ප්‍රකාරව ඇප මත මුදාහැරීමට පුත්තලම මහාධිකරණය අද (09)...
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  • Court of Appeal grants bail on Hejaaz Hizbullah
    The Court of Appeal today ordered to release Attorney-at-law Hejaaz Hizbullah on bail after nearly two years in detention and remand custody. Accordingly, the Court of Appeal directed the Puttalam High Court to release Hejaaz Hizbullah on bail with suitable bail conditions. The Court of Appeal two-judge-bench comprising Justice Menaka Wijesundera and Justice Neil Iddawala made this order taking into consideration a revision application filed on behalf of Hejaaz Hizbullah. The Attorney General did not raise objections to release Hizbullah on bail. On January 28, an application made by the defence requesting to release Attorney-at-law Hejaaz Hizbullah on bail was rejected by Puttalam High Court.   The High Court Judge Kumari Abeyrathne refused to grant bail citing that she has no jurisdiction to grant bail under the Prevention of Terrorism...
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  • Attorney at law Hejaaz Hizbullah granted bail
    Attorney-at-law Hejaaz Hizbullah has been granted bail by the Court of Appeal after being detained for over 20 months. Hizbullah was released on bail today after the Puttalam High Court judge refused to grant bail to him last month. Refusing bail, she claimed that it was not under her jurisdiction, despite the Attorney General having consented to grant bail. The judge further informed the defense to request bail from the Court of Appeal on the 9th of February 2022. The bail application had been filed at the Puttalam High Court after Hizbullah’s lawyer had agreed to a settlement with the other parties in the interest of his client. On 20th January, the Attorney General’s (AG) Department said it has no objections to releasing Hizbullah on bail subject to conditions. The AG’s Department informed the Court of Appeal that the bail...
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  • සී.අයි.ඩියෙ හිටිය දවස් 46ම නිදාගත්තෙ ප්ලාස්ටික් බෝතලේ ඔලුවට තියාගෙනයි - දොස්තර ශාෆි කියන කතාව
    “හිර කුටියේදී එයාල මට ලීටර් එක හමාරෙ ප්ලාස්ටික් බීම බෝතලයක් තියාගන්න ඉඩ දුන්නා. කාටවත් කොට්ට දුන්නෙ නෑ. ඒත් බිම ඔලුව තියාගෙන ඉන්නකොට මට නින්ද යන්නෙ නෑ. බෝතලේ වතුරෙන් පුරවල ටිකක් වතුර ඉවත් කළාම ඒක ටිකක් නම්‍ය වෙනවා. මම සී.අයි.ඩියෙ හිටිය දවස් 46ම නිදාගත්තෙ ප්ලාස්ටික් බෝතලේ ඔලුවට තියාගෙනයි. මම ඒකට හුරු වුණා.” ශාෆි සහාබ්දීන් එම...
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  • Trial of Hejaaz Hizbullah: Main witness flounders
    AG request to amend indictment refused The main witness in the case against Hejaaz Hizbullah, the 18-year-old Mohomed Malik on Friday, failed to give any evidence relating to the charge during his testimony when the case was heard at the Puttalam High Court.

    The young witness floundered when questioned as to the time period of the alleged incident at which Hizbullah is said to have made a speech and the contents of the speech.  As a result, right before the adjournment for lunch, the Attorney General (AG) requested the High Court Judge to amend the indictment. The Defence objected to it by pointing out that the indictment filed was based on repeated statements by the witness to the CID. They said that the statements to the CID by the witness, including statements...
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  • Revision application seeking bail for Hejaaz Hizbullah reserved for Feb.7
    The order regarding a bail application filed on behalf of Attorney-at-law Hejaaz Hizbullah was today reserved for February 7 by the Court of Appeal. The Court of Appeal two-judge-bench comprising Justice Menaka Wijesundera and Justice Neil Iddawala announced that the order on whether bail would be granted or not to Hejaaz Hizbullah will be delivered next Monday (7). Meanwhile, Additional Solicitor General Rohantha Abeysuriya appearing for Attorney General informed the Court of Appeal that the prosecution is not objecting to release Attorney-at-law Hejaaz Hizbullah on bail. This application was called before the Court of Appeal through a motion after the Puttalam High Court decides to refuse bail for Hejaaz Hizbullah on January 28. President's Counsel Romesh de Silva appearing for Hizbullah contended that the Court of Appeal has Inherent...
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  • හිජාස්ට ඇප දෙනවා ද? නැද්ද?
    (රන්ජන් කටුගම්පොල සහ නිමන්ති රණසිංහ ) රක්ෂිත බන්ධනාගාර ගත කර සිටින නීතිඥ හිජාස් හිස්බුල්ලා මහතා ඇප මත මුදා හරිනවා ද? නැද්ද? යන්න සම්බන්ධයෙන් වන නියෝගය ලබන  07 වැනිදා ප්‍රකාශයට පත්කරන බව අභියාචනාධිකරණය අද (02) දැනුම් දුන්නේය. තමන් ඇප මත මුදා හරින ලෙසට ඉල්ලා නීතිඥ හිජාස් හිස්බුල්ලා මහතා අභියාචනාධිකරණයට ගොනුකර තිබූ පෙත්සමක් අද...
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  • Court refuses to grant bail to Hejaaz Hizbullah
    The Puttalam High Court has refused to grant bail to Attorney-at-law Hejaaz Hizbullah who has been detained for over 20 months. The judge has refused the bail order as it is not under her jurisdiction, despite the Attorney General’s consent to grant bail bail. The Attorney General’s (AG) Department said on January 20 that it had no objections to releasing Hizbullah on bail subject to conditions. https://www.dailymirror.lk/breaking_news/Court-refuses-to-grant-bail-to-Hejaaz-Hizbullah/108-230030 Please enable JavaScript to view the comments powered by Disqus.
    Read More...
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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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