Requesting info from CJ, Judges: Minister rejects allegations

Foreign Minister Tilak Marapana today rejected allegations that the Additional Secretary to the Ministry had requested information on particular cases from the Chief Justice and Judges of the Colombo High Court and said he had only conveyed the request made by the visiting UN rapporteur seeking a meeting with them.

He said the Additional Secretary had never written directly to the CJ or judges of the High Court but conveyed the request of the rapporteur through the Justice Ministry Secretary.

He told parliament that some opposition MPs on Tuesday brought up the matter in the House saying that the visiting UN Special Rapporteur on the Rights of Freedom of Association, Clement Nyaltessoi's meeting with the CJ and HC judges was a contempt of court and interference to the judiciary.

He said the visit by the special rapporteur was part of similar visits undertaken by UN special mandate holders at the invitation of Sri Lankan Government.

"It is the Sri Lankan Government which periodically invites these special rapporteurs. This is not the first time such a visit has taken place. There had been eight such visits since 8, January 2015. In all such occasions, it has been the regular practice for the Foreign Ministry to coordinate the activities of the special rapporteur in Sri Lanka and arrange meetings with the government sector," he said.

The Minister said prior to each such visit, the Foreign Ministry received from the UN the list of persons that the visiting special rapporteur wished to meet.

"With regard to the current visit, just as the other visits, the Ministry conducted the preparatory meeting of stakeholders to discuss the arrangements. The Ministry writes to relevant institutions conveying the request for formal appointments by the special rapporteur. In this instance, the same procedure was followed.

"As the above preparatory meeting, representatives of the police and the Attorney General’s Department highlighted the possibility of the visiting special rapporteur bringing up the issues mentioned in the letter addressed to the Justice Ministry Secretary. The AG Department undertook the task of providing updates on these cases. The Acting Secretary addressed the letter to Justice Ministry Secretary, Defence Ministry Secretary and the Attorney General mentioning the cases set out in the letter," he said.

The Minister said the purpose of the letter was to alert these institutions on the possibility of special rapporteur raising issues regarding these particular cases.

"The letter of the Acting Secretary has never recommended that the appointments sought by the rapporteur with the CJ and High Court judges should be granted. The letter only conveyed the wish of the special rapporteur for these appointments," he said.

The Foreign Ministry has followed the proper procedure by communicating the request for appointments sought by the special rapporteur and added that the CJ and judges could have refused the meeting.  (Ajith Siriwardana and Yohan Perera)