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Hejaaz: A lawyer for all seasons

A year has passed since the deadly Easter Sunday attacks in Sri Lanka. Victims, survivors, and the general public still await answers. Amidst these desperate demands for accountability, Hejaaz Hizbullah, a prominent Muslim lawyer, is suddenly – and most unexpectedly – arrested and detained.

I met Hejaaz during the first-ever debating tournament I participated in. He led the team from S. Thomas’ College, Mount Lavinia, and I represented St. Joseph’s College, Colombo. Our teams made it to the finals that year. I recall Hejaaz as a fierce competitor with the rare gift for conveying an argument with charisma and conviction. He also had a great sense of humour, taking friendly banter in good spirit. The Thomians triumphed that year, and deservedly so.

What strikes me now is that five of the eight young debaters that day went on to become lawyers. We had found our community: the legal fraternity.

A few years later, I encountered Hejaaz again. It was in the first ever case I argued before the Court of Appeal. Hejaaz represented the State, and I represented certain public officers seeking promotions. I recall his keen knowledge of the law, and his outstanding skills in advocacy. But on this occasion, I also encountered another side to him. He was not just interested in winning an argument. I detected in him a deeper commitment to justice. He did not see himself merely as a representative of the State; he saw himself as an officer of justice.

This commitment to justice has defined Hejaaz’s legal career. After leaving the Attorney-General’s Department, he entered the private bar. He became a tenacious defender and champion of the Sri Lankan Constitution, and an outspoken representative of victims of hate and violence.

Most importantly, he has been a leading voice against violent extremism on all sides. Hejaaz has consistently stood against inter-religious and inter-ethnic hatred and violence in all its forms.

In the days that followed the Easter Sunday attacks, Hejaaz was among the first to publicly condemn the heinous crimes. He called for the rejection of hatred to ‘confirm that the attackers are fools who died as fools’. He has since taken an active role in promoting reconciliation and coexistence among communities in Sri Lanka.

In the last few weeks, we have witnessed a cruel irony: a lawyer who stood up against violent extremism is being maligned as an ‘extremist’ in the ‘court’ of public opinion. It is unconscionable that an officer of the court is now being deprived of his basic right to be presumed innocent until proven guilty. He is yet to be produced before a judge, and is yet to be given meaningful access to his lawyers.

Even before a judge has had the opportunity to examine Hejaaz (let alone make an order with regard to his case), he is being pronounced ‘guilty’ through a vicious and prejudicial media narrative against him.

If indeed Hejaaz is on trial by public opinion, let us consider some facts that emerge from his fundamental rights petition before the Supreme Court. These facts are rarely featured in this prejudicial narrative.

Hejaaz has been at the forefront of defending democracy and peace in Sri Lanka. Recall that the country was thrust into a constitutional crisis in October 2018. Hejaaz was the lawyer who represented Election Commissioner Prof. Ratnajeevan Hoole before the Supreme Court in the case concerning the unlawful dissolution of Parliament. He was among the leading lawyers who convinced the Court that the President’s actions were unconstitutional. The rest is history. We owe an irreparable debt of gratitude to Hejaaz; his work helped preserve Sri Lanka’s fragile constitutional democracy.

Hejaaz has also appeared in scores of court cases concerning Ven. Galagoda Aththe Gnanasara Thera. He is the lawyer in Fundamental Rights applications that deal with alleged hate speech by this Buddhist clergyman, and the 2014 Aluthgama violence. Hejaaz is also the lawyer in a defamation case against Ven. Gnanasara Thera.

When you think of ‘Hejaaz Hizbullah, Attorney-at-Law,’ do not uncritically accept the picture that is painted of him in the media. Ask yourself if this picture bears any resemblance to what we know of him. He is the lawyer who represented an Election Commissioner in one of the most important cases in our country’s constitutional history. He is the lawyer who has fearlessly defended victims of hatred and violence in numerous cases. He is the lawyer who tirelessly stood against violent extremism by confronting powerful and influential people.

Once we put Hejaaz’s arrest and detention in its proper context, we begin to see it for what it really is: an indecent assault on one of the legal profession’s finest. A crude punishment – not for engaging in extremism, but for working against it. His is not just a case concerning the unjust treatment of an individual with strong political opponents. It is the culmination of a tectonic shift in Sri Lanka: where extremists are pardoned, and voices against extremism are jailed.

Hejaaz Hizbullah is part of a profession that I count myself privileged to be a member of. He is part of the reason I, like many others who encountered him in our youth, decided to join this profession. He is, and always will be, part of the reason many more will join it.

http://www.ft.lk/columns/Hejaaz-A-lawyer-for-all-seasons/4-699988

Muslim writer in jail for 60 days without "explicit evidence"

A group of activists in Sri Lanka has called upon the government for the unconditional release of a Muslim writer who has been held in detention for more than
sixty days without “explicit evidence being produced”.

In a letter to the Human Rights Commission of Sri Lanka (HRCSL) the Sinhala, Tamil and Muslim activists say that Ramzy Razeek arrested on April 09 for allegedly violating the International Covenant on Civil and Political Rights (ICCPR) and Cyber Crimes Legislation has also been denied medical treatment and legal access in detention.

“Despite orders from the Magistrate to allow him access to medicine, reliable sources state that his health condition is deteriorating due to lack of access to specific medicines of which he is in dire need. A lawyer attempting to visit Razeek this week, was also denied access at the Colombo Remand Prison, citing the COVID-19 virus,” says the letter addressed to HRCSL Chair Deepika Udagama.

Ramzy Razeek, a retired government official was arrested over a post in early April, in which he calls for an ‘ideological Jihad (struggle)’ against all forms of fundamentalisms and racism persecuting the Sri Lankan Muslims as a community.

Two days later, Razeek had posted again to note that he had received countless death threats as a result of his post, and that many had misconstrued his words, calling for him to be jailed for propagating racist ideas.

The activists’ letter highlights that Razeek who has a history of critiquing Muslim fundamentalism and racism in Sri Lanka, very specifically states in his post that he is proposing a struggle of ideas and intellect to question and counter the attacks against progressive Muslims from outside, as well within the Muslim community.

In September 2019 HRCSL had issued a letter to the Sri Lanka Police regarding the lack of legal clarity and discriminate application of the ICCPR Act, and clarifying the legal scope of the offence, including the level of severity that was required for an arrest.

The ICCPR, meant to hold accountable those who incite violence, has since recently been weaponised by the State against those who critique the State and/or its policies, says the letter by activists to HRCSL.

“Those who actively disseminate misinformation, incite ethnic and religious hatred and violence, and engage in cyberbullying, predominantly against ethnic and religious minority communities, continue to enjoy impunity and political patronage. Meanwhile, those who critique this violence, are persecuted for their words.”

Local and international rights bodies have repeatedly raised their concern about misusing the ICCPR act. It was used to detain award winning writer Shakthika Sathkumara for more than four months during the last government backed by many civil activists.

Copies of the letter had been sent to opposition leaders of the dissolved parliament as well as UN officials at home and abroad.

https://english.theleader.lk/news/772-muslim-writer-in-jail-for-60-days-without-explicit-evidence?fbclid=IwAR0dxnQEFd0iMeNLD0hhv6sHxT-cZzuoc-bxXf-RnZqEi06h3Tf14GpdQX4

அடையாள அணிவகுப்புக்கு முன் ஹிஜாஸின் அடையாளத்தைக் காட்ட சிஐடியினர் முயற்சித்தார்கள்

இரு சிறுவர்களிடமிருந்தும் வாக்குமூலம் பெறுவதற்கு முன்னர் சிஐடியினர் தனது அறையில் வைத்து ஹிஜாஸ் ஹிஸ்புல்லாஹ்வின் புகைப்படத்தை அவர்களுக்குக் காண்பிப்பதற்கு முயற்சித்தார்கள் என கோட்டை நீதவான் ரங்க திசாநாயக்க தெரிவித்துள்ளார்.

புத்தளம் மத்ரஸாவொன்றின் மாணவர்களுக்கு தீவிரவாதத்தைப் போதித்தார் என சிஐடியினர் முன்வைத்த அறிக்கையின் அடிப்படையில் 10 சிறுவர்களுக்கு முன்னால் ஹிஜாஸ் ஹிஸ்புல்லாஹ்வை அடையாளம் காட்டுவதற்கான அடையாள அணிவகுப்பொன்றை 24 ஆம் திகதி நடத்துவதற்கு கோட்டை நீதவான் உத்தரவிட்டிருந்தார். அதற்கமைய அழைத்துவரப்பட்ட சிறுவர்கள் இருவரிடமே சிஐடியினர் ஹிஜாஸை அடையாளம் காட்டக் கூடிய புகைப்படத்தை அடையாள அணிவகுப்புக்கு முன்னர் காட்டியுள்ளனர்.

இதனை நான் வெளிப்படுத்தத்தான் வேண்டும். சிஐடி அதிகாரிகள் எனது அறையில் வைத்து புகைப்படத்தைக் காட்டினார்கள். நான் அவர்களை வெளியேறச் சொல்ல நேர்ந்தது என கோட்டை நீதவான் மன்றுக்கு வெளியில் தெரிவித்தார்.

சட்டத்தரணி ஹிஜாஸ் ஹிஸ்புல்லாஹ்வின் சார்பில் ஜனாதிபதி சட்டத்தரணி நவரத்ன பண்டார தலைமையில் ஆஜராகிய ஹர்ஷன நாணயக்கார, ஹபீல் பாரிஸ் உட்பட்ட சட்டத்தரணிகள் குழுவினர், அடையாள அணிவகுப்பை கடுமையாக எதிர்த்தனர். ஹிஸ்புல்லாஹ்வை அடையாளம் காட்டுவதற்கு சிறுவர்கள் வற்புறுத்தப்பட்டதாகக் கூறிய இவர்கள், ஒரு சட்டவிரோத செயற்பாட்டை சட்டபூர்வமாக்குவதற்கான போலியான செயற்பாடே இந்த அடையாள அணிவகுப்பு எனத் தெரிவித்தனர். ஹிஜாஸின் புகைப்படம் ஏற்கனவே ஊடகங்கள் வாயிலாக அணிவகுக்கப்பட்டுள்ள சூழலில் இந்த அடையாள அணிவகுப்பு சட்டவிரோதமானது எனவும் அவர்கள் வாதிட்டனர்.

தாம் சித்திரவதைக்கும் பலாத்காரத்துக்கும் உள்ளாக்கப்பட்டதாக உயர்நீதிமன்றத்தில் அடிப்படை உரிமை மீறல் வழக்கைத் தாக்கல் செய்துள்ள மூன்று சிறுவர்கள் சார்பில் ஆஜராகிய சட்டத்தரணி நுவன் போபகே, சிஐடி அடையாள அணிவகுப்பை நடத்த முயற்சிப்பது உயர்நீதிமன்றத்தில் தங்களைப் பாதுகாத்துக் கொள்வதற்கே எனத் தெரிவித்தார்.

சட்டத்தரணிகளின் வாதங்களைக் கேட்டறிந்ததன் பின்னர் கோட்டை நீதவான் ரங்க திசாநாயக்க அடையாள அணிவகுப்பை ரத்து செய்தார்.

http://meelparvai.net/?p=25579&fbclid=IwAR2nyGXoCKIN20__ibcKfKwJu_uog1FilIO0vPb4kA6aP2kB3s-N5SDCjl8

CID attempted to show photograph of Hejaaz to children before ID parade: Fort Magistrate

Fort Magistrate Ranga Dissanayaka said in open court that officers of the Criminal Investigations Department (CID) had attempted to show photographs of Hejaaz Hizbullah at his chambers prior to the recording of statements from two children.

When the matter was taken up before Dissanayake on 24 June, he told Hizbullah’s lawyers that prior to the recording of the statements from the two children, this attempt had been made: “I want to reveal this. The CID officers tried to show pictures and I had to tell them to leave the Chamber.”

Two children had made “voluntary statements” on 12 May to the Magistrate on camera regarding Hizbullah. An identification parade was to be held including Hizbullah with 10 children being summoned as witnesses to identify Hizbullah.

Nawarathna Bandara PC, appearing with Harshana Nanayakkara, Hafeel Farisz, and a team of lawyers for Hizbullah, strenuously objected to the identification parade. They told Court that the children had been coerced by the CID officers to identify Hizbullah, and the parade was a sham exercise to “legitimise an illegal process.”

They said that pictures of Hizbullah were paraded over media throughout with the alleged offences, and the holding of the parade in these circumstances was illegal.

Nuwan Bopage, appearing for three of the children who had filed Fundamental Rights applications before the Supreme Court alleging torture and coercion, said that the attempt by the CID to hold an identification parade was in order to have a defence in the Supreme Court.

Bopage said that the fact that the CID decided to suddenly make an application for a parade reeks of malice.

Deputy Solicitor General Dileepa Peiris, appearing for the Attorney General’s Department asked Counsel for Hizbullah as to why they are objecting to the parade so vehemently.

In response, Nawarathna Bandara PC told Court that Section 18 of the Prevention of Terrorism Act has a provision in which the Parade could be admitted as evidence without cross-examination, and the reason for insisting on holding the parade was to use the provision.

Peiris also told court that the children who had filed Fundamental Rights applications alleging torture filed the Fundamental Rights petitions at the insistence of an “organised gang” in order to incriminate the CID.

Bopage, in response, said that it was he who visited the children’s house after receiving instructions of the illegal activities of the CID.

“I went there personally, and was present when they signed the affidavits and made complaints. Lies of this sort should not be perpetuated by the State,” he said. Having heard the submissions which took over two hours, Magistrate Ranga Dissanayake revoked his order and cancelled the holding of the Parade.

http://www.ft.lk/news/CID-attempted-to-show-photograph-of-Hejaaz-to-children-before-ID-parade-Fort-Magistrate/56-702226?fbclid=IwAR1r7XVJTqbBERo8krf1xk8w1Uc80xNx7YceTNd9LgrUquBxA8N0v3_plPc#.XvVd0LbohnE.facebook

Magistrate disallows ID parade for detained lawyer

Counsel for Hejaaz Hizbullah objects to ID parade
Says children lined up to identify suspect have been shown his photograph during questioning
Magistrate uploads objections, fixes 1 July for next hearing

Fort Magistrate Ranga Dissanayake yesterday disallowed the Police from presenting detained attorney Hejaaz Hizbullah for an identification parade after counsel for the suspect objected to the move.

Hejaaz Hizbullah

President’s Counsel Wasantha Navaratne Bandara, who appeared for Hizbullah, said that the 10 children lined up to identify the suspect have been shown his photograph by the Police when they recorded a statement from them, and hence objected to holding the identification parade.

CID officers who appeared in Court however requested the Magistrate to allow it, but the Magistrate disallowed it and fixed the next hearing for 1 July.

The Magistrate told the CID to present a progress report into their investigations on that day.

Hizbullah is being held under a detention order under the Prevention of Terrorism Act (PTA) since mid-April for alleged links to the Easter Sunday bomb attacks.

http://www.ft.lk/news/Magistrate-disallows-ID-parade-for-detained-lawyer/56-702168?fbclid=IwAR2IEW6lRBLOiJY_ByYQhLbWMFzT8MDMHXo4ZZwdmdzq54ciYZuycth4mHI#.XvRW8eGVHH5.facebook