“This is an illegal arrest”

-J.c.weliamuna

Human Rights Lawyer J.c.weliamuna said that the arrest was unlawful and the woman should claim damages. “An arbitrary arrest is a violation of a fundamental right. The woman has a case to go to Supreme Court and thereafter, she can file a case against the police for huge damages. I think she must file both cases and claim damages for an unlawful arrest,” he said.

“There is absolutely no basis for her arrest under the ICCPR. This is an abuse of the ICCPR Act. The ICCPR Act is to protect fundamental rights. But this is a violation of fundamental rights,” he added.

He further pointed out that the woman has not committed a criminal offence. “The arresting officer must be convinced that a criminal offence has been committed to make an arrest without a warrant. I don’t think he made the arrest with that idea in mind. She was arrested due to social pressure. This is an illegal arrest,” he said.

Asked what could be done as the woman can’t be granted bail since the charge is under the ICCPR Act, Weliamuna pointed out that the police can change the B report with a further report stating that they do not want to proceed under the ICCPR. “The Attorney General can intervene and say that there is no case and discharge. The magistrate can question and get the Attorney General’s advice because this is a serious matter about the liberty of a citizen,” he said.

“These people are poor, helpless litigants. They need to get proper legal representation. These are matters that can be avoided by a vigilant magistrate,” he said.

An arbitrary arrest is a violation of a fundamental right. The woman has a case to go to Supreme Court