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The petitioners stated that they had brought this matter to the notice of the High Court Judge of Kandy in the past, and that the specified lawyers had been warned. However, the 92 lawyers who signed this petition expressed their concerns over the lack of action on the part of the Kandy High Court in clearing the main gate area and thus preventing conduct which the petitioners viewed as unprofessional and unethical.
The issue raises serious concerns, as similar complaints have been made at other courts. Others have complained that lawyers practicing in many of the magistrate courts throughout the country have been required to pay 50 percent or more of their fees to police officers. Some have seen that failure to pay the officers has resulted in the spread of false information and obstructions to their practice of law.
There are many ways in which the police can do this. One method is to unreasonably refuse bail applications made on behalf of clients by lawyers who refuse to comply with the demands of the police officers.
An examination of the obstacles preventing lawyers from practicing their profession with dignity and with professional ethics is needed. Ignoring this situation creates obstacles for the lawyers and affects the very quality of justice itself. When a court is turned into a marketplace by such gateside recruiting practices, pursuing cases on the basis of merit becomes impossible. That, in turn, creates adverse impressions of the court system and the judiciary on the part of litigants and the public.
The protection of the legal profession is one of the preconditions for the protection and independence of the judicial system. It is also a precondition for the defense of the human rights of all persons involved, whether they are defendants or complainants. Furthermore, if the police are allowed to take advantage of the system for their own personal gain, it will encourage their feeling of impunity and lead to their blatant disregard for human rights.
This matter needs to be thoroughly investigated, and appropriate corrective measures must be taken in order to protect the professional rights and dignity of lawyers, as well as to ensure public confidence in the administration of justice.
The letter, in Sinhalese and addressed to D.S.C. Lakamvasam, the provincial high court judge, said in part:
“Due to a few lawyers (male and female) who stay in front of the main gate of the Kandy Court Complex and engage in their activities, many lawyers have been inconvenienced and are faced with an unpleasant situation…there is widespread frustration and unhappiness as to why these persons are allowed to continue in this manner before the main gate of the Kandy Court Complex, and why no effective action is taken…The public is also disheartened by such inaction. We, the signatories of this petition, request you to take suitable action against these lawyers who are violating professional ethics and to have them removed from the main gate of the Court Complex and thereby create a peaceful atmosphere in which the lawyers can practice their profession in a manner appropriate to their professional dignity.”
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(Basil Fernando is director of the Asian Human Rights Commission based in Hong Kong. He is a Sri Lankan lawyer who has also been a senior U.N. human rights officer in Cambodia. He has published several books and written extensively on human rights issues in Asia. His blog can be read at http://srilanka-lawlessness.com.)
