The Supreme Court yesterday refused to  suspend the arrest and detention of defeated presidential candidate retired General Sarath Fonseka or to order his release.

However the SC Bench comprising Justices Shirani A. Bandaranayake, Jagath Balapatabendi and K. Sripavan granted interim relief for  reasonable access to him by his immediate family members and identified lawyers in consultation with the relevant authorities.

The Court ruled that the names of the lawyers be submitted to the Attorney General.

The Attorney General said the Democratic National Alliance Secretary could meet him for the purpose of matters connected to the April general election. The next hearing was fixed for April 26.

The Attorney General told Court that the non summary inquiry under the Army Act was progressing and the course of action would be decided by the Army Commander after he received the inquiry report.

On February 12 the Supreme Court granted leave to proceed with the fundamental rights violation petition challenging General Fonseka’s alleged arbitrary arrest and detention.

President’s Counsel Shibly Aziz with President’s Counsel Wijedasa Rajapaksa, Ronald Perera, Upul Jayasuriya, Chrismal Warunasuriya, Riad Ameen, Waruna Mallawarachchi and Sunil Watagala appeared for General Fonseka.

Counsels S.L. Gunasekera with Sanjeeva Jayawardane instructed by Sudath Perera Associates appeared for Major General Sumith Manawadu and Sanjeeva Jayawardane with Manoj Bandara instructed by Sudath Perera Associates appeared for Brigadier Wijesiri.

Attorney General Mohan Peries with Deputy Solicitor General Sanjay Rajaratnam, Senior State Counsels Nerin Pulle and A.H.M.D. Nawaz appeared for the state.

The fundamental rights violations petition filed by General Fonseka’s wife Anoma and New Democratic Front’s Secretary Shamila Perera filed the Petition on behalf of General Fonseka cited Army Commander Jagath Jayasuriya, Colombo Security Officer in Charge Sumith Manawadu, Defence Secretary Gotabhaya Rajapaksa, Military Police Head Brigadier Wijesiri and the Attorney General as respondents.

The petition said that with General Fonseka’s appointment as the common opposition candidate, he faced additional security threats from those opposing his candidature.

The petition was filed for the alleged infringement of his fundamental rights to the freedom of thought and Conscience, freedom from torture or cruel, inhuman or degrading treatment & punishment, right to equality and equal protection of the law, freedom from discrimination on the grounds of political opinion, freedom from arbitrary arrest and detention, freedom from unlawful detention, freedom of speech and expression and freedom of association guaranteed in the Constitution.The petitioner sought Court to direct the respondents to release him forthwith and issue an another order directing the Attorney General to immediately summon the relevant officers concerned, call for the relevant investigation and other reports and furnish to the Court the material upon which this purported arrest/detention was warranted.

The petition stated that a public announcement was made that he had entered into an underhand deal with what was termed as “Western Conspirators” to betray the incumbent Head of State and the Military. The Petition alleged this was uncorroborated and unsubstantiated and was immediately denied publicly by General Fonseka.

The petitioners said they had challenged the result of the presidential election as announced by the Commissioner of Elections from the very outset and have submitted a formal complaint quoting instances of several malpractices.

They alleged that they believed that the NDF and General Fonseka had won the election but the result was manipulated through unlawful means and the violation of elections laws.

ICJ observes FR proceedings

By Susitha R. Fernando

A representative of the International Commission of Jurists (ICJ) observed yesterday’s Supreme Court proceedings of the fundamental rights application filed against the arrest and detention of common opposition candidate retired General Sarath Fonseka. 

 “The ICJ is interested in this matter and wanted to observe that the proceedings are free and fair,” Australian Counsel Billy Purves who was present as an independent observer said.

He said the fundamental rights case was of international importance considering its political aspects as General Fonseka was one of the presidential candidates at the at the January 26 election.

 “I will prepare a report on the proceedings and will forward it to the ICJ,” Mr. Purves said.

When asked the basis for the ICJ to make observations in local cases of this nature, senior counsel and former ICJ Vice President Desmond Fernando said it was because of its international importance.

“The ICJ sends its observers considering the international importance of a case and to see that a free and fair trial is conducted,” Mr. Fernando said.

Founded in Berlin in 1952, ICJ is dedicated to the primacy, coherence and implementation of international law and principles that advance human rights.

With its impartial, objective and authoritative legal approach to the protection and promotion of human rights through the rule of law, ICJ provides legal expertise at both the international and national levels to ensure that developments in international law adhere to human rights principles and that international standards are implemented at the national level.

Court blocks defeated Sri Lanka candidate's release bid

The Supreme Court in Sri Lanka has refused to order the immediate release of defeated presidential candidate General Sarath Fonseka. (BBC)

He is currently being held in military detention at the navy's headquarters. The court was responding to a petition lodged by Gen Fonseka's wife.

The government wants to put him before a military court, but the general argues that as he is retired, he is only subject to civilian law.

A further hearing is set for 26 April.

Gen Fonseka's wife, Anoma, told the BBC that she believes the court will eventually find in her husband's favour.

She had asked the court to order the immediate release of her husband pending a judgement on the main petition. The court is looking at wider allegations that Gen Fonseka's detention is illegal and that a whole series of his rights are being infringed.

"I believe the court will do justice. The court rejected an interim relief but I believe the court will eventually be fair to us," she said.

No charges

The authorities accuse Gen Fonseka of having worked with what they call anti-government forces but no specific charges have been brought.

A lawyer for the general, Chrishmal Warnasuriya, told the BBC that the court upheld two of the petitioners' other requests - that his safety and security be guaranteed, he receives medical attention and broader access to his family, colleagues and lawyers.

The BBC's Charles Haviland in Colombo says that Gen Fonseka's situation looks bleak.

Officials say that the general worked to destabilise the government - he has consistently denied this.

Military spokesman Maj-Gen Prasad Samarasinghe told the BBC it would finish amassing evidence against him "within a very short time" and would then set up a military court to try him.

This seems set to happen before his wife's petition is reconsidered, our correspondent says.

Gen Fonseka would like to contest legislative elections set for early April and may now have to do this from detention. At the same time, the coalition that supported his presidential candidacy has split up into several blocs.

Court blocks defeated Sri Lanka candidate's release bid

No specific charges have been brought against Gen Fonseka The Supreme Court in Sri Lanka has refused to order the immediate release of defeated presidential candidate General Sarath Fonseka. He is currently being held in military detention at the navy's headquarters. The court was responding to a petition lodged by Gen Fonseka's wife. The government wants to put him before a military court, but the general argues that as he is retired, he is only subject to civilian law. A further hearing is set for 26 April. Gen Fonseka's wife, Anoma, told the BBC that she believes the court will eventually find in her husband's favour. She had asked the court to order the immediate release of her husband pending a judgement on the main petition. The court is looking at wider allegations that Gen Fonseka's detention is illegal and that a whole series of his rights are being infringed. "I believe the court will do justice. The court rejected an interim relief but I believe the court will eventually be fair to us," she said. No charges The authorities accuse Gen Fonseka of having worked with what they call anti-government forces but no specific charges have been brought. A lawyer for the general, Chrishmal Warnasuriya, told the BBC that the court upheld two of the petitioners' other requests - that his safety and security be guaranteed, he receives medical attention and broader access to his family, colleagues and lawyers. The BBC's Charles Haviland in Colombo says that Gen Fonseka's situation looks bleak. Officials say that the general worked to destabilise the government - he has consistently denied this. Military spokesman Maj-Gen Prasad Samarasinghe told the BBC it would finish amassing evidence against him "within a very short time" and would then set up a military court to try him. This seems set to happen before his wife's petition is reconsidered, our correspondent says. Gen Fonseka would like to contest legislative elections set for early April and may now have to do this from detention. At the same time, the coalition that supported his presidential candidacy has split up into several blocs.