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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 for lawyers. Lawyers said they have had no access confidential to Mr. Hizbullah since the time of his arrest. Mr Romesh De Silva PC with Shanaka Cooray, Niran Anketell, Harith De Mel instructed by Sanath Wijeywardena appeared on behalf of the Petitioner in the writ case. Lawyers for Mr. Hizbullah awaited his production until they were informed of the renewed position of the CID.

The court staff informed journalists present at around 3.00PM that Mr. Hizbullah would not be produced. Mr. Hizbullah was arrested a year after the easter Sunday attack for allegedly having phone calls with an easter sunday terrorist.

Mr. Hizbullahs lawyes filed papers before court stating that the said terrorist was a client of Mr.Hizbullah whom he represented in two land matters.

http://www.dailymirror.lk/breaking_news/CID-dont-produce-Hizbullah-say-positive-for-Covid-19/108-203321

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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/

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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 victims in Kerala and in West Bengal. So, one can argue either way if being argumentative is the be all and end all of patriotism. To their credit, the Indian federal and state governments have allowed both cremation and burial, leaving it to the family but with all hazmat protocols and precautions.
In Sri Lanka, it gets ridiculous. President Gotabaya Rajapaksa has apparently asked the Maldivian government if Maldives could help by providing burial funerals for Sri Lankan Muslims who die from Covid-19 infection. That would be a first for any country. Already four UN Special Rapporteurs, not counting the ones at UNHRC, have called on Sri Lanka not to ban Muslim burials but allow them in accordance with WHO guidelines. Is Sri Lanka on course to run afoul of every UN Rapporteur? And why?

Fear Mongering

The fear mongering, not the prudent concern, about groundwater contamination is another fallopian nonsense. As with Caesarian sterilization, as with the Millennium Compact (which the US has now revoked), the government has dug itself another hole while banning graves for Covid-19 victims. If it is feared that graves will contaminate groundwater, it is fair to ask, what about contamination from sceptic tanks? Sanitary flows, landfill leachate, open defecation are potential pathogen carriers, but not necessarily of the coronavirus. Are drones going to be flown around to catch people answering the nature’s call in the most natural way?

Whether burial or cremation, there are safety protocols to be followed even in normal circumstances. There should be a sense of proportion. If a thousand non-infected, non-Covid-19, bodies are cremated at one location, over one week, and not far from a residential area, no one is going to be amused. In fact, there will be hellish fury. Even a hundred bodies will cause concerns, petitions, and protests. Similarly, if a thousand bodies are buried in a very short period, in a small cemetery, and close to wells or surface waterbodies, that would be a matter for grave concern. No one is talking about mass burials or mass cremations in Sri Lanka. The numbers are small, but the shouting is deafening.

Until late October, even while the burial debate was already in full flames, the total number of Covid-19 deaths was still under 20. Even if all of them were buried in one cemetery, that should not have been a matter for concern. The current death total is 160 and rising. But not all of Covid-19 victims are Muslims, or Christians, requiring a burial. They are a minority in life, in Sri Lanka, and so in death. And not all burials are going to be at the same location. In fact, it will not be a good idea to select a central location for all burials. So, if burials are allowed to take place the way they have been for centuries, the sky will not fall and the ground water is not going to be poisoned.

Proportionality and risk assessment are among the key considerations that guide the selection and location of public facilities, and that includes cemeteries and crematoriums. While cemeteries and crematoriums serve a spiritual purpose, their operations and maintenance come under more mundane considerations like public safety and environmental protection.

The Environmental Agency in England has addressed these matters in the context of Covid-19 and the potential risks from increased burials. Notably, the agency has waived the normal permit requirement for local authorities or cemetery operators undertaking new cemetery development or expanding existing cemeteries to accommodate the increased burials during Covid19. It has only provided guidelines for addressing groundwater risks for new cemeteries, but risks due to the increased number of burials, not due to Covid-19. The Agency is not concerned about Covid-19 infection in burials, but only the number of burials relative to their locations.

England alone has had over 57,000 people die due to Covid-19 so far, and the vast majority of them have been buried. Sri Lanka’s death toll is 160, and a majority of them are cremated. What higher risk would Sri Lanka face by allowing a few dozens of Covid-19 burials at most, than what England and all other countries allowing vastly larger number of burials are facing and dealing with? How did Sri Lanka, and this government particularly, get into such a grave hole, while protesting burials?  

A cabal government?

According to the National People’s Power (NPP) MP Dr Harini Amarasuriya, “a cabal of state officials and their close associates in the business community have been making important government decisions bypassing the prime minister and the cabinet of ministers.” This has been evident for quite some time, and what is also clear is that there is more than one cabal, and that the cabals have got the ear of the President and isolated him from everyone else –  including cabinet of ministers (which is not saying much), even the Rajapaksa family, and most of all its political godfather – the Prime Minister himself.

The cabals are not limited to state officials and business eople, and include professionals who use their trade union muscle to compensate for their professional inadequacies. The GMOA is the most notorious villain of the piece, but it may not be the only one. In the upshot, the government is unnecessarily complicating matters more than what they already are and they may invariably have to be. The government has become its own arsonist, setting up more fires without putting down any. And letting crisis after crisis to crop up with no end in sight. The burn or bury question is one such crisis. Avoidable and unnecessary.

The latest manifestations of this cabal power are the ultra vires sacking of the national Medical Council, a statutory body established in 1926, and the upcoming electrocution of the Public Utilities Commission, another statutory body . Before these was the eruption out of nowhere of prison riots which were ministerially attributed to hidden hands; but there are no hidden hands, only the government’s bloodied hands. And in the most bizarre topping to this cabal state of governance, three government ministers, two of them medical professionals, have been publicly partaking in homemade potions of a purportedly Covid-19 vaccine or cure. All of this and more in the middle of a global pandemic and economic shutdowns.

Not surprisingly, the economy shrank by a whopping 16.3% in Q-2 of 2020, recovering to grow by 1.5% in Q-3, and contracting overall by 5.3% for the first nine months. Hardly the situation for making rosy projections for 2021. And Covid-19 is not letting up at all. It keeps its infections climbing with apparent vengeance after lying low, or undetected, till early October. Infections and deaths have since multiplied ten times and are at the fearsome inflection point for a potentially exponential breakout. This is not a call for panic, but for signs that the government understands what the stakes are and what it takes to get things under control. The signs are anything but!

https://www.colombotelegraph.com/index.php/to-burn-or-to-bury-the-deadly-question/

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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 monk. No amount of appeal or protest from any Muslim group either locally or internationally, and not even advice from WHO and other world experts could reverse the regime’s decision. Yet, whether cremated or buried the virus is spreading in almost every part of the country, and the entire Muslim community is traumatized.

Why is this intransigence? Is there something more sinister than just the water level argument and so called One-Country-One-Law (OCOL) mantra? Are there other advisors like for example, Chinese experts occupying the Shangri-La in Colombo? The close relation between the Rajapaksas and China is no secret, and with deteriorating economic conditions at home and desperate need for funds to invest in economic recovery, China has become a friend in need and lender of last resort. There is no use in hiding the fact that Sri Lanka under the current regime is virtually becoming China’s client state. With that type of economic nexus, China’s experience with her own Muslim communities like Uighurs may have some useful lessons for local supremacists behind Rajapaksa regime to learn from.


To the local supremacists, Muslims are aliens and they should either be sent back to Arabia or be ‘molded’, as the obstreperous monk Gnanasara said in June last year. China was silent when the Rohingyas in Myanmar were massacred and expelled, and is now engaged in molding Uighur Muslims and in brainwashing them with Chinese thought and values. It is reported that the Uighurs in Xinjiang are put into three hundred internment camps, force fed with pig meat, prevented from praying, fasting and reciting the Quran. Hundreds of Uighur burial grounds are being destroyed and turned into parks and playgrounds in the name of development. Shockingly for world Muslims, it was reported that Saudi Prince Muhammad bin Salman, the supposed architect behind Jamal Khashoggi’s brutal murder, supported China’s cultural cleansing measures on grounds of “anti-terrorism” and “de-extremism”. Isn’t Islamic extremism and Islamic fundamentalism the rallying cries for Buddhist supremacists in Sri Lanka, especially after the Easter Sunday massacre? Isn’t also true that President Gotabaya looks for development as the solution to the Tamil problem and by extension to Muslim problem also?

Sri Lanka does not have internment camps for Muslims yet. However, a series of incidents where Muslims are being forced to evacuate their lands and dwellings like in Devanagala in Mawanella, Thampala in Polonnaruwa and Sampur in Trincomalee bound to make them homeless and vagrants. Gotabaya’s Archaeology Task Force is also accused of being more interested in grabbing private lands for Sinhalese colonization than excavating ancient ruins. If this mode of forced evacuations increases in number, Muslim homelessness will become a national issue demanding speedy solution from government. It may not happen tomorrow but probably in near future. Won’t internment camps be an attractive solution when such situation arises?

With economic difficulties mounting almost daily and sporadic street protests hidden from public view by government backing media, the regime is running out of options to control mass anger. It needs an issue badly to deflate anti-regime fury and divert mass attention elsewhere. Muslim burial issue is becoming handy for supremacists and their government to do just that. This appears to be the agenda behind the burial issue.
In the meantime, there is growing anger among Muslim youth specially over government’s intransigence on this issue. It goes to the very heart of Muslim religious rites and it torments the entire community. There are enough idiots within that community like in any other community to do something silly to spark widespread violence against Muslims. Are the supremacists waiting for such a spark for a return of July 1983, and this time against Muslims?

It is time for the Muslim community to give up any hope for a solution to this issue from the government, and dismiss completely the value of a Muslim minister in the cabinet let alone lame duck Muslim parliamentarians. The supremacists have more clout over Gotabaya than his Attorney- at-Call Muslim Minister. Allowing the state to cremate the Muslim dead at its own expense seems to be the best response to its intransigence however much the distress it may cause to Muslim families. It is sheer non-sense even to contemplate Maldives to provide a solution to Muslim burials. If burying under the sands of Maldives, which is fast sinking in to the sea because of global warming, won’t spread the virus why should it spread if buried in Sri Lanka, whose elevation from sea level is far higher than Maldives? Where is the water level argument? The burial issue has nothing to do with soil or water and every thing to do with politics.

The community should think of the long term, and work towards the return of a democratic and “plurinational” Sri Lanka with more powers vested in the parliament than in the hands of an autocratic president. Shamefully, it was leaders from the Muslim community who were instrumental in creating the current situation. Let them agonize in silence for their treacherous behaviour.

There is a committee of experts appointed by the government to draft a new constitution. The Muslim community should make use of this opportunity and join hands with such inter-religious and inter-communal groups that are striving to create a Sri Lanka with a constitution “that is modern, futuristic, and incorporates the rights stipulated in the International Covenant on Civil and Political Rights, as swell as the International Covenant on Economic, Social and Cultural Rights”. Ball is in the community’s court.

https://www.colombotelegraph.com/index.php/behind-the-muslim-burial-issue/