AG agrees to grant confidential access to detained lawyer Hejaaz Hizbullah

The Attorney General (AG) department has agreed to grant confidential access to detained lawyer and human rights activist Hejaaz Hizbullah to his lawyers today when the Court of Appeal heard a writ application filed by one of his juniors.

The Writ Petition seeking access to Attorney-at-Law Hejaaz Hizbullah was taken up before the Court of Appeal onbefore a bench comprising Justice Priyantha Fernando and Justice Sobitha Rajakaruna.

The Petition filed by a Junior Counsel of Mr. Hizbullah’s Chamber, Chalana Perera, said that Lawyers have been continuously denied access to meet and obtain instructions from Mr. Hizbullah.

Detailing meetings which were held between Mr. Hizbullah and the Lawyers at the premises of the CID, the Petition stated that they were at all times surrounded by officers who were taking notes and listening in on the conversations between the two parties.

The Petition said that it was a violation of Lawyer- Client privilege and a violation of the rights of Mr. Hizbullah and his lawyers. The Petition went on to detail how officers of the Criminal Investigations Department had interrupted the meetings on certain occasions.

The Petition states that Mr. Hizbullah’s lawyers have been granted consultations only on four occasions since his arrest and despite repeated requests they have been since September 12. 

Mr. Hizbulah was arrested on April 14 and his chambers searched. Sleuths had taken two case files belonging to Mr. Hizbullah at the time of arrest which was in his Chamber.

Thereafter various allegations were levelled against Hizbullah including providing terrorist training at a school in Wanathawilluwa following purported confessions made by children. 

However, four of them filed Petitions before the Supreme Court alleging that they were coerced into making the confessions. The Petitions said that the children were taken by the Criminal Investigations Department on three consecutive dates without their parents for questioning. 

Inspector General of Police (IGP), Director of Criminal Investigations Department (CID) ,Officer in Charge (OIC) of CID and Attorney General are named as respondents in the petition.

Earlier Magistrate Ranga Dissanayake also told in an open Court that CID officers had attempted to influence two children who were giving him confidential statements at his Chamber.

On July 1, the Magistrate  made an order to investigate how statements made to him in confidence were leaked to the media on the very same day the statements were made. In the order the Magistrate said the issue goes to the root of the credibility of his court and ordered the Deputy Inspector General of Police Western Province to provide a report to him. The report has not been filed to date. 

The Magistrate made the order after Counsel for Hizbullah informed the court that the Criminal Investigations Department had written the statements for the children and then leaked it to the media on the same day.

The Petitioner Attorney-at-Law Chalana Perera asked the court to make order to conduct a proper consultation with Mr. Hizbullah without the presence of officers of the CID. Mr. Romesh De Silva PC instructed by Sanath Wijeywardena appeared for the Petitioner.