BASL concerned over arrest and forced quarantining of peaceful protesters

The Bar Association of Sri Lanka (BASL) expressed grave concerns at the arrests and detention of protestors by the police ostensibly for violating Health Regulations relating to COVID-19.

Writing to the Director General of Health Services and Inspector General of Police the BASL said that in “certain instances, after such protesters are released on bail by the Magistrates before whom they were produced, they have been taken away against their will to quarantine centres by Police officers, sometimes without even informing them or their families of where they were being taken.”

“The BASL is also concerned of the excessive force used by the Police in dealing with the protestors and has expressed its concern with regard to the use of excessive force by the Police on numerous occasions previously.” the letter said.

The BASL said it has carefully perused the Health Guidelines issued by the Director General of Health Services. The said Guidelines permit several indoor and outdoor activities. “These include inter alia the operation of spas, supermarkets and restaurants. They also allow the opening of liquor shops and also permit exercise and jogging outdoors. The said Guidelines have not listed public protests or outdoor meetings as prohibited activities,”

However, by the said Press Release issued by the Police Media Division the media has been informed that the Inspector General of Police has received a communication from the Director General Health Services that public meetings and protests involving mass gatherings should not be permitted due to the risk of the spread of COVID-19.

It is noted that the even the contents of the said Press Release do not contemplate a total prohibition of meetings and protests but only seeks to prevent meetings and protests involving a mass gathering of people (මහජනතාව විශාල වශයෙන් ඒකරාශී වන). As such, meetings and protests which are carried out in compliance with Health Guidelines are not prohibited.

The BASL is of the view that any organized protests should be carried out in a manner that it does not pose a risk to public health and that persons who intend to participate in protests or marches or similar exercises must ensure that they conform to health guidelines in their own interest and in the interests of the general public, the letter added.  

“However, at a time the Director General of Health Services has thought it fit to ease restrictions previously imposed, the BASL sees no reasonable cause whatsoever for the Police to act in a heavy-handed manner when dealing with protesters,”