BASL condemns Police actions as heavy-handed and unlawful
Quarantine is a health precaution and should not be used as a punishment or mode of detention, the Bar Association of Sri Lanka (BASL) said.
In a letter to the Health Services Director General Asela Gunawardena and Police Chief Chandana Wickramaratne, the BASL expressed grave concern at the arrest and detention of protesters by the Police ostensibly for violating health regulations relating to COVID-19.
The BASL said public pro t e s t s straddle three important fundamental rights in the
Constitution - the freedom of speech and expression, the freedom of peaceful assembly and the freedom of association. Public protests also strengthen the freedom of thought which was entrenched as a fundamental right by
Article 10 of the
Constitution. The rights under Article
14(1) could be restricted by law in the interests of public health, however, such restriction must be done by law, must have a nexus to the objective sought to be achieved and must be reasonable, the BASL said.
The letter observed that even the statemnet issued by the Police Media Division did not contemplate a total prohibition of meetings and protests but only sought to prevent meetings and protests involving a mass gathering of people.
“As such, meetings and protests which are carried out in compliance with health guidelines are not prohibited,” the BASL asserted.
The BASL said it was firmly of the view that any organised protest should be carried out in a manner that did not pose a risk to public health and participants must adhere to health guidelines.
"However, at a time the Health Services Director General has thought it fit to ease restrictions previously imposed, the BASL sees no reasonable cause for the Police to act in a heavy-handed manner when dealing with protesters," the BASL said.
The BASL has also expressed deep concern over several incidents where individuals, after being granted bail, have been forcibly taken from the precincts of courthouses and sent to quarantine against their will.
“There is scant evidence that such decisions were based on the advice of health officials such as Public Health Inspectors. Compounding these concerns are the fact that by now even persons infected with COVID-19 and their first contacts are being quarantined at their respective homes or hotel rather than being taken to quarantine centres.”
The BASL also drew attention to the regulations made by the Health Minister and published via gazette notification dated October 15, 2020, which it said makes it clear that quarantining must relate to a person who has contracted the disease or is suspected to have contracted the disease and to no other.
"Clearly, quarantine is a health precaution and should not be used as a punishment or mode of detention. The acts of forced detention in quarantine centres are arbitrary, unlawful and are an affront to the judiciary who have released the said persons on bail. Such arrests and forcible detentions have a negative effect on and undermine the genuine efforts being taken by the health authorities, the security forces and the Police to combat COVID-19," the BASL said.
The BASL requested the IGP to direct officers to refrain from arresting and detaining persons who are exercising their peaceful right to protest. The association also called on the Health Services Chief not to allow the health guidelines to be abused in a manner which has a chilling effect on the freedom to dissent, and to ensure that health regulations and guidelines are used only for the purpose they were promulgated for.
There is scant evidence that such decisions were based on the advice of health officials such as Public Health Inspectors. Compounding these concerns are the fact that by now even persons infected with COVID-19 and their first contacts are being quarantined at their respective homes or hotel rather than being taken to quarantine centres.”