A group lawyers have urged the Bar Association of Sri Lanka (BASL) to take firm action against the unlawful detention of Attorney at Law Hejaaz Hizbullah. In a letter addressed to the BASL President Kalinga Indatissa PC and BASL Vice President W J Shavindra Fernando, PC, the group consisting of over 150 lawyers have expressed concerns over the detention of Hizbullah and the denial of his right to due access to legal counsel and his family. The group of lawyers, in the letter, pointed out out that neither reasons for his arrest nor provisions of law under which he is continued to be detained has been officially served upon him. They added that Hizbullah had not even been produced before a Magistrate to date, in violation of the right to judicial oversight of the custody and propriety of conditions involved. "We are concerned and perturbed that no firm and open stand has been taken by the BASL on this matter all this time, notwithstanding that the rights of all attorneys-at- law to undertake protection of the rights of their clients are jeopardised by this state of affairs," the group of lawyers pointed out in letter. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The full letter is reproduced below;  Dear Sirs, UNLAWFUL DETENTION AND LACK OF ACCESS TO LAWYERS FOR MR HEJAAZ HIZBULLAH, AAL We write with deep concern as Attorneys at Law regarding the very serious situation surrounding the detention of Mr Hejaaz Hizbullah, Attorney at Law in denial of his right to due access to legal counsel and his family. We believe that as the professional body entrusted with safeguarding a conducive environment for its members to engage in professional duties freely and fearlessly, the Bar Association of Sri Lanka (BASL) should take swift, effective and meaningful action where legal guarantees of its members are denied. We call upon the BASL to consider the following and take necessary action immediately to ensure Mr Hizbullah's rights are guaranteed and due process is adhered to: a) We refer to the attached statement by members of civil society that highlight circumstances of his arrest and detention and further note that over 8 days have passed since the arrest and detention of Mr Hizbullah. We understand that the situation has not changed up to date; b) Neither reasons for his arrest nor provisions of law under which he is continued to be detained has been officially served upon him. This violates the basic Constitutional shield from being arrested except according to procedure established by law and the right to be informed of the reason for the arrest (Article 13(1) of the Constitution); c) We further understand that he has not even been produced before a Magistrate to date, in violation of the right to judicial oversight of the custody and propriety of conditions involved; d) Most alarmingly, Mr Hizbullah has been denied access to his family and even lawyers except for a brief 15 minutes with an attorney at law under the scrutiny of an eavesdropping CID officer. This does not constitute due access to one's lawyer by any stretch of imagination and involves denial of due recourse to justice through proper and effective representation. Whilst there is no official confirmation as to under which law Mr Hizbullah has been arrested, no law in operation allows denial of access for the purpose of legal representation. Moreover, Section 15 read with Section 23 of the International Convention for the Protection of All Persons from Enforced Disappearance Act No 5 of 2018 requires any person deprived of liberty to have access to relatives and legal representation. This legal right continues to be violated in this matter. The above are all very basic guarantees to persons arrested under the law. Irrespective of the merits of the case, these guarantees should be available and assured to all persons subject to a deprivation of liberty. Whilst we fully appreciate that investigations on any alleged or genuinely suspected offence should not be hampered, the authorities should proceed only and strictly as prescribed under the law. We further refer to the Constitutional provision that 'all persons shall be presumed innocent until proven guilty' which will be rendered meaningless if these basic protections are not guaranteed at the investigation stage. We emphasise that violation of the above guarantees in respect of a member of the legal profession sends out a chilling message to other lawyers and the general public regarding the state of due process and the ability of the BASL to stand effectively for the rights of those who represent persons in high-profile cases. A free, fearless and independent legal profession being one of the most important features of a democracy to protect rights of individuals, it is the duty of the leadership of the professional body to do its utmost to defend the ability to function as lawyers, without obstruction, fear or favour. We are concerned and perturbed that no firm and open stand has been taken by the BASL on this matter all this time, notwithstanding that the rights of all attorneys-at- law to undertake protection of the rights of their clients are jeopardised by this state of affairs. We earnestly urge for immediate action to remedy the situation and to restore confidence in the ability of legal professionals to practice by having access to their clients, without being shut out/obstructed by police officers or any other authority without legal basis. We further request to be updated on the action taken on this request. Yours faithfully, Signatories in alphabetical order, 1.A. A. M. Illiyas, PC 2.A. C. F. Benazir 3.Ahamed M. Hussain 4.Ahmed Imran Irfana 5.Althaf Marsoof 6.Amila Madushan Perera 7.Atham Lebbe Aazath 8.Ashan Fernando 9.Ayesha Prasad 10.B. Gowthaman 11.Basheer Ahamed 12.Bhavani Fonseka 13.Bianca Anandappa 14.Binendri Perera 15.Buddhinee Herath 16.Prof. Camena Guneratne 17.Chalani Edirisuriya 18.Charmaine Tillekeratne 19.Deanne Uyangoda 20.Delan De Silva 21.Dhanushan Kaneshayogan 22.Dinesh Vidanapathirana 23.Dr. Dinesha Samararatne 24.Dinukshi Thalgahagoda 25.Divya Mascranghe 26.Ermiza Tegal 27.F. Fihama Feroze 28.F. M. F. Rahma 29.F. S. A. Hassen 30.F. S. Ahamed 31.F. Maiza Azar 32.Faaiz Ameer 33.Fadia Noordeen 34.Farman J Cassim, PC 35.Fashana Afaz 36.Fathima Muzna 37.Fathima Nuzreth Rasheed 38.G. C. J Perera 39.Gehan Gunatilleke 40.Geoffrey Alagaratnam, PC 41.Hafsa Mowjood 42.Hamsana Vamadeva 43.Harindrini Corea 44.Harith de Mel 45.Heshanthi Madugalle 46.Husni M. Rizni 47.Hussain Azhar Sainoon 48.Imaz Imthiyaz 49.Imthiyaz Wahab 50.Inthikab Idroos 51.Ishara Gunawardena 52.J.N.H.M. Markar 53.Javid Yusuf 54.Jegatheeswary Muthusamy 55.Jerusha Crossette-Thambiah 56.Jiffry Abusaly 57.Jivan Goonetilleke 58.Justice Saleem Marsoof, PC 59.K. W. Janaranjana 60.K.S.Ratnavale 61.Kamani Jinadasa 62.Keshan Thalgahagoda 63.Khyati Wikramanayake 64.Lal Wijenayake 65.Lasantha Y. Garusinghe 66.Leon Fernando 67.Luwie Ganeshathasan 68.M Nizam Kariapper, PC 69.M. C. M. Nawas 70.M. G. M. Sharmila Hind 71.M. H. M. Fazlur Rahman 72.M. I. M. Ishar 73.M. I. M. Iynullah 74.M. J. F. Suraiya 75.M. M. F. Shafeena 76.M. M. Fathima Shamila 77.M. N. Shaila Banu 78.M. Nizar Fawzul Nizaya 79.M. S. A. Wadood 80.M.C. M. Muneer 81.Maithri Wickremesinghe, PC 82.Malsirini de Silva 83.Manjula Sirimane 84.Mass L. Usuf 85.Milinda Jayatilleke 86.Minal E. Wickremesinghe 87.Mohamed Farook Rushdiya 88.Mohomed Adamaly 89.Mubarak M Muazzam 90.Muhammad Ibrahim Aminudeen 91.N G Saabir Sawaad 92.N R Sivendran 93.N.K. Ashokbharan 94.Nalani Manatunga 95.Natasha Balendra 96.Nethmini Medawala 97.P. M. M. Aslam 98.Prabodha Rathnayaka 99.Prasad Sarathchandra 100.Prasansani Bandaranayake 101.Prashanthi Mahindaratne 102.Pulasthi Hewamanna 103.Rameez Basheer 104.Ravi Algama 105.Razmara Abdeen 106.Revan Weerasinghe 107.Rohan Dunuwille 108.Roshan Hettiarachchi 109.Roshana Rashid 110.Ruvini Perera 111.S A C A Sabry 112.S. Jayasuriya 113.Sabra Zahid 114.Sabry Nilamudeen 115.Samihah Ashruff 116.Sanjaya Wilson Jayasekera 117.Sanjendra Vignarajah 118.Sanjit Dias 119.Sankhitha Gunaratne 120.Sarah Arumugam 121.Sathya Efrem 122.Prof. Savitri Goonesekere 123.Sha Mohamed 124.Shabna Jiffry 125.Shaheena Mohamed 126.Shalomi Daniel 127.Shanaka Amarasinghe 128.Shanil Wijesinha 129.Sharafi Mohideen 130.Sharmaine Gunaratne 131.Shazina Weerabangsa 132.Shihar Hassan 133.Sindhu Ratnarajan 134.Sudarshna Gunawardena 135.Suhadini Wickremasinghe 136.Sundari De Alwis 137.Suren D Perera 138.Suren Fernando 139.Suresh Fernando 140.Suresh R I Perera 141.Sushmitha Thayanandan 142.Prof. Suri Ratnapala 143.Suriya Wickremasinghe 144.Suzie Beling 145.Swasthika Arulingam 146.T. K. Azoor 147.Tahira Cader 148.Thanuka Nandasiri 149.Thiagi Piyadasa 150.Upul Jayasuriya PC 151.Upul Kumarapperuma 152.Uthuma Lebbe Ali Zakky 153.Uween Jayasinha 154.Varuna Mallawarachchi 155.Vijula Arulanantham 156.Yamini Ravindran 157.Z F Sharfaa 158.Zainul Luthufi Mohamed Naim