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AG refuses to appear for Ratwatte in SC case

21 Oct 2021

By Asiri Fernando The Attorney General (AG) had refused to appear for State Minister Lohan Rattwatte and the Superintendent of Police in Anuradhapura in the case related to the fundamental rights (FR) petition filed by eight prisoners of the Anuradhapura Prison, who were allegedly intimidated and threatened by Ratwatte, The Morning learnt.  The AG had appeared for the commissioner general of prisons and Minister of Justice. 
The Supreme Court today (21) granted leave to proceed with the FR filed by the prisoners and arguments are to be heard on 15 February 2022. The Anuradhapura Prison incident which drew local and international criticism followed the former State Minister of Prison Management and Prisoners' Rehabilitation Lohan Ratwatte’s alleged actions at the Prison where he is said to have abused and threatened prisoners at gunpoint.  The incident came amidst the United Nations Human Rights Council discussing Sri Lanka’s track record.  Ratwatte stepped down from one of his portfolios after mounting pressure from the Government. The Supreme Court had also issued two interim orders in relation to the case. The first, to the Inspector General of Police (IGP), to launch an investigation into the incident in terms of the Criminal Procedure code and following advice from the Attorney General.  The IGP was also directed to inform the Supreme Court of what action the Police takes on the matter. A second to the commissioner general of prisons’ to immediately transfer the Prisoners affected out of Anuradhapura Prison, having consulted the prisoners on which facility they would like to be moved to. The prison authorities have been advised not to move the prisoners to a facility they do not wish to be interned in. The leave to proceed had been given under article 11, 12.1 and 12.2 of the constitution which upholds the fundamental rights of a citizen not to face torture or cruel, inhuman, or degrading treatment or punishment, and to be equal before the law and be entitled to the equal protection of the law. TNA parliamentarian M.A. Sumanthiran, PC and lawyer Kesavan Sayanthan appeared for the eight prisoners who filed a Fundamental Rights case against the alleged criminal conduct of the state minister. The incident is also being investigated by the Human Rights Commission of Sri Lanka (HRCSL) with the Prisons department conducting an internal inquiry into the matter.

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