Transparency International Sri Lanka (TISL) had pointed out earlier that the former Chief Justice did not receive a fair hearing on her impeachment due to the Parliamentary Select Committee ignoring the accepted principles of natural justice and not being transparent in their actions.
There is an accepted procedure in removing even an ordinary public official. The official even has the option of seeking redress from the courts against a decision. The Chief Justice did not get such an opportunity and now the lawyers who appeared for her and those who opposed the impeachment are now under death threats. We vehemently condemn such behaviour.
These lawyers have complained to the police that they have received death threats for appearing on behalf of the former Chief Justice or for expressing their views on the impeachment motion.
Attorneys-at-Law Romesh de Silva PC, who appeared on behalf of the former Chief Justice, and senior lawyers who were active members of the Lawyers Collective Jayampathy Wickremaratne PC, M Sumanthiran MP and J C Weliamuna have received death threats.
At a media conference held on the 17th UNP District MP Mangala Samaraweera said that a criminal named ‘Dolphin Chandana’ has been taken out of the Welikada prison to orchestrate a motor accident intended to kill senior lawyer J C Welimauna. Such a statement by a Member of Parliament and a former senior Cabinet minister cannot in any way be ignored or taken lightly.
Mr Weliamuna has told the Kohuwala Police and the Inspector General of Police that the threats have been made by an organization called the ‘Rata Mudavagath Deshapremi Balakaya’. The others have also been threatened by the same organization. It is well known that earlier, an organization called the ‘Deshapremi Balakaya’ threatened the former editor of ‘Sunday Island’ Lasantha Wickrematunga and Tamil journalist J Sivaram. They were killed a few days later by unknown gunmen. Those responsible for those deaths have still not been caught. Thus it is clear that such an organization exists at an unofficial level. When carefully analysed, it is obvious that what the lawyers who were against the impeachment have received are death threats. This cannot be set aside considering what happened earlier.
Thugs openly attacked representatives of civil society organizations and trade unions who went to participate in the protest campaign by lawyers in the Courts Complex on10th January. The thugs attacked on the instigation of “unseen forces” while the Police looked on. Although the media carried photographs where the persons could be identified, the Police have failed to take action.
In such an environment, it is doubtful where a proper investigation will be held about the threats to the lawyers. We earnestly urge the Government not to take these threats lightly but to hold a proper inquiry without delay and to provide protection to the lawyers who have been threatened and their families.
Meanwhile, the problem created by the impeachment motion involving the Legislature, Executive and the Judiciary has led to a crisis. TISL firmly believes that it can only be solved through open discussion with academics, professionals and civil society leaders rather than by shutting off such opinion leaders.
It is the duty and responsibility of the Government to provide adequate protection for those who express opinions using their right legitimately under a democratic framework.