An open letter to the Attorney General
Do not protect an accused charged before
a court of law
The Asian Human
Rights Commission has written the following open letter regarding decision
taken by the Attorney General to prosecute in a private plaint filled against a
senior police officer:-
“The Asian
Human Rights Commission has learned of your decision to take over the prosecution of a Private Plaint
filed in the Magistrate's Court of Panadura, without the consent of the
Complainant of the said case, upon an application and representations made by
and on behalf of the Accused who is a Superintendent of Police. The case bears No.
92368 (Private Plaint)
The decision
of the Attorney General was communicated toCourt by the Senior State Counsel
who appeared in Court on December 15, 2011, in the case referred to.
The accused
in this case is Lesly Hamilton Gregory Cooray who was the Superintendent of
Police for Panadura area, at the time that the alleged incident took place. The
Complainant is M. Nishantha Fernando Jayawardena.
By this
decision you will be protecting an accused charged before a court of law. This
is very opposite to what an Attorney General who exercises the public
prosecutors role is suppose to do. This is dangerous to the nation as it
undermines the rule of law. Your role is to protect the rule of law and not to
undermine it. Thus this is gross abuse of your powers. The AG's power to
exercise nolleproseque ( Not to prosecute), should not be so trivially used in
violation of the principle of equality before law.
We do not
know whether this is done due to political pressure or on your own initiative.
Whatever, be the reason there is no excuse for threatening the rule of law in
this manner.
Besides, you
are depriving a citizen a right to a remedy.That is the worst that can be done
to a victim of crime. Sri Lankan Government is duty bound to provide all
citizens remedy for the crimes they
suffer. This also an international obligation under Article 2 of Civil and Political
Rights Covenant, ICCPR.
In recent
times former AG’s have abused their powers and there is on going public
criticism on that score. Your action will further bring bad image to the
institution you are heading.
We urge you
to review your illegal and wrong decision inthis case. And withdraw your
takeover of this prosecution with the view to withdraw it and thus help an
accused who ischarged in a court of law. By withdrawing this decision yourwill
assist in rebuilding much damaged national stability and also respect the
rights of a citizen to pursue justice, which is been so badly sabotaged.”
Ref.
Posted by janasansadaya
on 2:11 PM.
Filed under
Attorney General,
English,
janasansadaya,
justice,
law and order,
Sri Lanka
.
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