Fort Police apply for court order to clear access to Presidential Secretariat

The Fort Police on Friday filed an application at the Colombo Chief Magistrate’s Court seeking an order for protesters at Galle Face Green to clear the access to the Presidential Secretariat and keep it free of obstruction.

The police report filed with the application emphasises the right of citizens to freedom of speech, expression, peaceful assembly, association and movement as stated in international and local instruments. Sri Lanka has ratified the ICCPR guaranteeing the rights of Freedom of Peaceful Assembly and Association.

It also refers to a joint report compiled by the Special Rapporteur on Extrajudicial, Summary or Arbitrary executions on the proper management of assemblies submitted to the UN in 2016. It states that police have complied with all recommendations in this report in facilitating the protests at Galle Face from April 9, 2022 onwards.

The Special Rapporteur holds that the State has an obligation to facilitate and protect assemblies; that protests should be facilitated to take place within sight and sound of their target; that measures must be taken to protect those exercising their rights from violence and interference, etc.

The police in their application to court have given several examples of how such provisions were facilitated at Galle Face according to international standards, without allowing a situation of conflict to arise. However, whilst the police acted in compliance with international regulations and the Sri Lankan law in good faith, it holds, certain limited acts of the protesters are illegal, and cause nuisance and harm, requiring intervention by court.

The report sets out instances of when two officers of the Presidential Secretariat were wrongfully restrained and assaulted, and instances where public officials had difficulties in carrying out their official duties. It also has statements from members of the public who have been adversely affected including persons coming to the Presidential Secretariat for public services, and obtaining Presidential Funds.

The report mentions that the entrance to the Presidential Secretariat has been obstructed by the protesters and that a stage has also been erected in front of the gate, stating that the protests which started peacefully and lawfully, are now affected by certain incidents of the protesters leading to obstruction, annoyance or injury to persons lawfully employed, and that danger to human life or safety could be caused.

Considering all of the above, the police are requesting an order from court to keep the main entrance of the Presidential Secretariat free from any obstructions, but do not place any restrictions for the protesters to continue peacefully.

The protesters were represented by several senior counsel led by Saliya Pieris PC and the police were represented by the AG’s Department. The case will be taken up on Tuesday.