Hejaaz Hizbullah was arrested under a terrorism law over allegations rights groups say lack ‘any credible evidence’.
Hejaaz Hizbullah, a prominent human rights lawyer, was arrested on “terrorism” charges in April and has remained in detention without charges, with rights groups saying he has been denied due process rights.
Sri Lankan authorities said he had been detained for links to the perpetrators of the 2019 Easter Bombings, which left more than 250 people dead and injured more than 500 – the Indian Ocean island nation’s worst attack since the end of civil war in 2009.
Meenakshi Ganguly, South Asia director at Human Rights Watch, said the police had not presented “any credible evidence” against Hizbullah, adding that he was denied his due process rights and kept in custody despite calls from UN experts “that prison populations must be reduced to prevent the spread of COVID-19”.
The president’s spokesperson Mohan Samaranayake did not respond to Al Jazeera’s request for comment.
Hizbullah, a lawyer at the Supreme Court of Sri Lanka, was arrested under the controversial Prevention of Terrorism Act (PTA), which allows the government to detain suspects without charge and or having to present them before a judge.
A person can be detained for 90 days under the PTA, with the option to renew the incarceration period for another 90 days for up to 18 months.
The New York-based HRW has dubbed the PTA a “draconian” law, one that the previous Sri Lankan government headed by Maithripala Sirisena pledged to revoke in a 2015 Human Rights Council resolution.
Rights groups have raised concerns over shrinking space for dissent since President Gotabaya Rajapaksa – a Buddhist hardliner – took power last November on the promise to boost security in the island nation in the wake of the deadly bombings.
In August, the HRW said the government of President Gotabaya has waged “a campaign of fear and intimidation against human rights activists, journalists, lawyers, and others challenging government policy”.
According to Thyagi Ruwanpathiran, South Asia researcher at Amnesty International, Hizbullah’s arrest “had a chilling effect on anyone involved in peaceful dissent and advocacy, be it lawyers, human rights defenders or members of the minority Muslim community”.
The Geneva-based International Commission of Jurists, the European Union and UN Human Rights Core Group on Sri Lanka have also expressed their concerns regarding the arbitrary arrest and detention of Hizbullah.
A local magistrate court in the capital, Colombo, is hearing his case again on October 28, but activists say there is little hope of bail.
‘Pure fabrication’
Of the several accusations made against Hizbullah include his relationship with Yusuf Mohammad Ibrahim, a business owner, whose sons Inshaf and Ilham were two of the seven perpetrators of the Easter Sunday bombings. Hizbullah was Ibrahim’s lawyer.
Hizbullah, along with Ibrahim, also served on the board of the Save the Pearl charity, which works with underprivileged children.
Ilham also served on the board briefly in 2016 briefly, until he was asked to step down, a report by Amnesty International said. According to the human rights group, these associations with Ibrahim and Save the Pearl were being used to detain Hizbullah.
Another accusation against Hizbullah is that he indirectly, through a school funded by Save the Pearl, fed “extremist” ideas and thoughts to children between the ages of 8-13, Hafeel Farisz, one of Hizbullah’s lawyers, told Al Jazeera.
The children from Al-Zuhriya Arabic College in Puttalam district were interrogated by the police for several days in April, during which they were threatened and coerced into accusing Hizbullah of providing “terrorist” training, said the lawyer.
Farisz said the children described accusations against Hizbullah as “pure fabrication”.
It was also revealed in the media that the children questioned had filed for legal action against the police for “infringement of their fundamental rights”.
‘Real fear’
Critics say Hizbullah was targeted because of his work on interfaith relations and reconciliation amid rising Islamophobia in the island nation fraught with sectarian and ethnic divide.
“Hejaaz [Hizbullah] is a non-violent and extremely values-based individual who would never promote any form of extremism let alone violence,” Ahmed said, adding he had known the accused for more than 20 years.
Since the Easter bombing, anti-Muslim sentiment has been running high, with rights groups blaming Buddhist nationalists for “hate speech” and “mob violence” against Muslims.
Groups such as Bodu Bala Sena (BBS), a Buddhist far-right group, has been accused behind attacks against Muslims since 2009 when the Sri Lankan forces defeated Tamil separatists, ending a civil war that lasted nearly 30 years.
The BBS has previously successfully run an anti-halal campaign and called for a ban on the burqa, a full-body veil worn by some Muslim women that covers the face as well.
Muslims, who comprise about 10 percent of the population, say they have faced discrimination and hate speech from hardline Buddhist groups, who wield influence in the current governing Sri Lanka Podujana Peramuna (SLPP) party led by the Rajapaksa brothers.