25 September, 2020

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Full Text: Letter Censored By SL Media – International Bar Writes To Rajapaksa On Reported Surveillance Of BASL President

His Excellency Mr Mahinda Rajapaksa

President of the Democratic Socialist Republic of Sri Lanka Presidential Secretariat

Colombo 01

Sri Lanka

Your Excellency,

11 August 2014

Helena Kennedy

Helena Kennedy

We are writing to you on behalf of the International Bar Association’s Human Rights Institute (IBAHRI) to express our grave concern over the reported surveillance of Mr Upul Jayasuriya, President of the Bar Association of Sri Lanka (BASL) and to urge the Democratic Socialist Republic of Sri Lanka (Sri Lanka) to undertake swift and effective investigations into all reported incidents of surveillance.

The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies. It has a membership of over 55,000 individual lawyers and 206 bar associations and law societies spanning all continents. The IBAHRI works with the global legal community to promote and protect human rights and the independence of the legal profession worldwide. The IBAHRI takes a strong interest in the rule of law in Sri Lanka. In 2013, the IBAHRI conducted an investigation into the removal of Chief Justice Shirani Bandaranayake and the independence of the legal profession in Sri Lanka. The IBAHRI continues to monitor the situation in Sri Lanka and has spoken out on a number of issues relating to the independence of the legal profession and the rule of law in the country.

The IBAHRI understands that Mr Jayasuriya officially reported incidents of surveillance on at least two occasions. The incidents involved two vehicles: a motorcycle and a three-wheeler. Mr Jayasuriya filed official police complaints regarding the incidents and requested police protection. However, the IBAHRI understands that the authorities have thus far failed to identify the suspects or to provide any protection.

The IBHARI understands that these reported incidents of surveillance took place shortly after the BASL issued a public statement criticising a Sri Lankan National Secretariat for Non-Governmental Organizations (NGOs) communiqué, issued on 7 July 2014, that prohibits NGOs from conducting press conferences, workshops and journalism training, and from disseminating press releases.

The IBAHRI is concerned that the reported surveillance of Mr Jayasuriya may be an attempt to intimidate him, following the public statement issued by the BASL. Further, the IBAHRI expresses concern that a lack of thorough and transparent investigations into the reported incidents could give rise to a culture of impunity in Sri Lanka, whereby individuals, including lawyers and judges, may be discouraged from speaking out in defence of the rule of law.

As such, the IBAHRI respectfully wishes to draw Your Excellency’s attention to both Sri Lankan domestic law provisions and international legal standards relating to the right to freedom of expression and the rights of lawyers.

With regard to concern that the reported surveillance is an attempt to intimidate Mr Jayasuriya, following the public statement issued by BASL, the IBAHRI respectfully reminds Your Excellency of Article 14 of the Constitution of Sri Lanka, which enshrines the right to freedom of speech, assembly, association and movement. This right is also protected in international law under Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 19 of the Universal Declaration of Human Rights (UDHR). The IBAHRI reminds Your Excellency that, as a State Party to the ICCPR, Sri Lanka is bound to the terms of the treaty. Furthermore, Principle 23 of the United Nations Basic Principles on the Role of Lawyers stipulates that lawyers in particular have the right to take part in public discussion of matters concerning the law, the administration of justice, and the promotion of human rights.

With respect to the IBAHRI’s concerns over the personal safety of Mr Jayasuriya, the IBAHRI wishes to draw Your Excellency’s attention to the United Nations Basic Principles on the Role of Lawyers, which states at Principle 16 that ‘Governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.’ Principle 17 of the United Nations Basic Principles on the Role of Lawyers stipulates that ‘Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.’

In light of the above, the IBAHRI urges the relevant Sri Lankan authorities to ensure that all suspected incidents of intimidation or surveillance will be swiftly and effectively investigated, and that Mr Jayasuriya will be provided with the necessary protection to ensure his personal safety. The IBAHRI also urges the relevant authorities to protect the right to freedom of expression in Sri Lanka, as afforded under domestic and international law provisions.

We would be grateful to receive your assurances that our concerns will be addressed as a matter of urgency.

Yours sincerely,

Baroness Helena Kennedy QC and Mr Sternford Moyo

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Latest comments

  • 5
    0

    Well who cares about the internationl law which dis-regards ‘our way of life’ as described by evergreen hero K A Sumanasekera!)

    • 11
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      Mahinda Jarapassa is NO excellency!

      • 10
        1

        I have said it repeatedly that we should address this bugger as “His Hex-a-Lunacy Mahinda Jarapassa”!

    • 4
      0

      Dear Helena Kennedy,

      Good to Expose, especially the Sinhalese “Buddhist” Culture and the Criminal Culture practiced by “Yoir excellency ” MaRa aka Mara.

      “The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies.”

      The International Buddhism , established in around 500 BC, is the world’s leading religion of international Buddhist practitioners, of Theravada and Mahayana Buddhism.

      In Lank, the Land of Native Vedda, the “Buddhism: that is Practiced is called Mara Buddhism or rather MaRa Sinhala Buddhism and Sinhala “Buddhist” culture.

      It is Part of the Sinhala Buddhist Culture, of the Para-Sinhala who came illegally from South India, The proof is in their bodies in the form of DNA.

      “As such, the IBAHRI respectfully wishes to draw Your Excellency’s attention to both Sri Lankan domestic law provisions and international legal standards relating to the right to freedom of expression and the rights of lawyers.”

      Buttering by saying his Excellency to criminals and war criminals will not get you anywhere. Call a Spade, a Spade. Call Evil, Evil, whatever it is, instead of Appeasement.

      Child Abuse by a Monk in Habaraduwa

      https://www.youtube.com/watch?v=yNSC93mPs4I

      Buddhism The Great Evil — Part 1

      https://www.youtube.com/watch?v=wNOfTGSADdY

      Buddhism The Great Evil — Part 2

      https://www.youtube.com/watch?v=clcs2PSze0I

  • 7
    0

    “…Further the IBAHRI expresses concern that a lack of thorough and transparent investigation into the reported incidents would give rise to a culture of impunity in Sri Lanka…” What an understatement! Learned ladies and gentlemen of the IBAHRI, there is no question about the arising of a culture of impunity in this thrice-blessed land – the miracle of Asia. A culture of impunity is already here! There is no independent judiciary and the rule of the law has gone to dogs. I wonder whether your statement would make any salutary effect on this arrogant regime in a grant triumphant march towards a full-fledged tyranny!

  • 9
    1

    Our President is special. He is not human. He is not bothered about law, order,or justice. He is well above Buddha. He has the right to order abductions, arrests, murders, massacres at his will and no one should interfere in his way.He has massive support of 75% of Sinhala Buddhist Fundamentalists.

  • 8
    1

    Baroness Helena Kennedy QC and Mr Sternford Moyo,

    I am writing this short note on behalf of our Hon. President- Sri Rohana Manaranjana, Sri Lanka Raja Wansa Vi-beshana 3 Singhaladeeshwara,3 Sanwedee, Nihathamani, sanwedee, Palapurudu, Saddarmadveepa Chakrawarthi as he is busy these days for Distributing Ethanol, Water Motors, Sanitary Towels for Grand Mothers above 70 Years etc. etc for his nephew’s election campaign in Uwa Provincial council.

    First of all we should remind you that we are a Great proud nation that has more than 2600 years of proud history and civilized culture. We have a very good track record of respecting Values of Human Rights and other rights. May be you still remember our fight for Human rights during 1988/1989 along with Wavi-Deva Nanayakkara and Dr. Nimalka Fernando. Now of course Dr. Nimalka Fernando is with Deshadrohees. Also we believe that you still remember we won the war with “0” civilian Causalities and our Soldiers fought with Tigers taking Human Right charter in one hand and Food in the other hand for enemies.

    Also you should know that we know what our people need and our People always get what they deserve. We give elections almost every year. We gave what Rathupaswella people needed. Also we have already given what Katunayaka, Halawatha, Aluthgama people needed and we are ready to give other areas as well.

    Now you are accusing us about following Upul Jayasuriya, President Bar Association by unidentified persons. they are not unidentifiable persons, my brother Gota knows them very well. Actually this has been organized by DIG Anura Senanayaka, well experienced, oldest Policeman in active service in the history of Police Department to protect the life of Upul Jayasuriya under the instruction of my brother Gota. DIG Anura Senanayaka is very efficient and unbiased police officer who trapped “Kangatta”, very dangerous thief who broke in to “Katugedara” Also he is very famous among tele Actresses. also he himself said that he will get more than 300,000 Votes from Colombo if contested. In our Country there is no shortage of Drugs as DIG Anura Senanayaka taking care of that.

    If the situation is so bad there should be a big protest from the Opposition. Have you seen or heard anything in the Local or International media about Opposition protests? Actually they are working with our Govt. very closely and friendly. Our Govt. is very lucky to have a Opposition like this.

    Therefore all your allegations are baseless and if necessary we shall appoint another Commission to look into your allegations headed by Sir Desmon De Silva, QC from which I am sure I will get a clear report like the one we are expecting from him about war crimes.

    • 7
      0

      Lapatiya, at least we can have a good laugh. Thanks.

    • 1
      0

      Ha…Ha..Lapatiyo, what a brilliant piece ……!
      By the way, are you the speech writer for our Maharajano?

  • 6
    2

    This King Beggar Mahinda Jarapassa is no Excellency! This brainless moron needs to be beaten to death. If you look at how Mahinda Jarapassa’s head shaped like proves to us that his brain is much smaller than the average human. Son of a bitch is ruling the Sinhales mass population by monkey rule.

    • 4
      2

      Maveeran

      “This brainless moron needs to be beaten to death.”

      Why?

      Can’t you say something nice about him, for example he had united the country, got rid of VP the psychopath, stopped deaths among the Tamils, built roads so that you can drive in a luxury air conditioned car strait to Mullivaaikkal, made possible for the youth in the peninsula to have more fun in their motorbikes frequenting bars,

      “Son of a bitch is ruling the Sinhales mass population by monkey rule.”

      How does it work?

      • 0
        0

        [Edited out]

        • 1
          1

          Maveeran

          “[Edited out]”

          Great comment.

          Keep up your good work.

  • 3
    0

    Namal launches scheme to admit students to Universities on political letters: Students need not toil to pass exams any more !

    EVEVRYTHING IS DESTRYOED BY THESE MORONS. RAJAVASSAS SHOULD BE BEATEN TO DEATH.

    • 1
      1

      Please don’t say that. We are a Buddhist country.

    • 3
      0

      Amaradasa Kariyawasam,

      Actually in my opinion we should appreciate Dr (Future) Namal Rapaksha’s efforts to develop University entrance system by introducing new methods and also giving lectures about how to play Rugby to Girls Students in leading Girls Schools. Also we should appreciate Singer Eraj Weeraratna’s efforts for educating about new “Deshapreme” song’s like “My Sweet Manika” as we need more and more Deshapreme songs like that.

      We all know that lot of Parents sending their Daughters for Dancing classes spending lot of hard earned money. Dr. (Future) Namal Rajapaksha and Eraj Weeraratna were trying to give free Dancing lessons but some Deshadrohi Teachers of Sirimavo Bandaranayaka Vidyalaya was against that and Girl Students lost a great opportunity to learn Dance for that great Artists songs at no cost.

      Now I am afraid that same thing will happened when Dr. (Future) Namal Rajapaksha starts giving Law Lectures for Girls.

      In my opinion we should close University Grant Commission and Govt. can save Budgetary allocation to maintain UGC and given that task to Dr. (Future) Namal Rajapaksha. Also Govt. Should think about closing Examination Dept. as they can’t prepare a Examination Paper without errors and that selecting process can be given to Dr. (Future) Namal Rajapaksha.

  • 4
    0

    Amaradasa Kariyawasam

    “Namal launches scheme to admit students to Universities on political letters: Students need not toil to pass exams any more !”

    Could you find a place for Abhaya to read economics at one of these Universities.

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