Protesters in quarantine: “Police obtained approval from health authorities”

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The Ministry of Public Security defends its position

Quarantine law misused to stifle dissent: lawyer

Says the letter from the DGHS to the IGP ultra vires

SJB files 3 FR to SC against the move

Trade unionist denounces arbitrary detention and ill-treatment

BASL writes to DGHS, IGP condemning the actions

By Yoshitha Perera

Police had obtained consent from health authorities to quarantine union activists who were arrested last Thursday (8) following several protests in Colombo, said the secretary general of the Ministry of Public Security (retired ) Jagath Alwis. Sunday morning.

Responding to Sunday morningWhen asked if quarantine laws could be used to quell dissent, he said he needed to check the matter out before commenting.

Meanwhile, attorney Upul Kumarapperuma said quarantine laws could not be used to suppress dissent, stating: “Quarantine laws were implemented to prevent the spread of disease, not to arrest or detain people. ”

He noted that after March 2019, Minister of Health Pavithra Wanniarachchi introduced certain regulations under the Quarantine and Disease Prevention Ordinance and gave certain powers to health authorities, including the Director General of health services (DGHS). “However, in these regulations, nothing was mentioned about the conduct of protests or demonstrations. The police simply rely on a letter issued by the DGHS. ”

Previously, Dr Asela Gunawardena of the DGHS wrote to Inspector General of Police (IGP) Chandana D. Wickramaratne, indefinitely banning public gatherings and demonstrations, citing the risk of the spread of Covid-19.

The decision has been criticized by the opposition, trade unionists and social activists.

A series of protests and demonstrations followed, accompanied by a wave of arrests of protesters and demonstrators, including several prominent opposition politicians and trade unionists, some of whom were subsequently placed in custody. quarantine.

Observing that although DGHS is mentioned as the competent authority, Kumarapperuma explained: “However, DGHS cannot issue regulations or directives. The letter that was issued by the DGHS is ultra vires because it does not have the authority to do so. ”

He also added that there are certain circumstances in which a person could be sent to quarantine, including if a person arrives from abroad, if a person is the first contact of an infected person, or if health authorities believe that ‘a person infected with Covid -19 must be quarantined for an additional period.

Kumarapperuma added, “This decision must be made by the health authorities, not the police. There should be a valid explanation from the health authorities for sending someone to quarantine. Therefore, we do not know if there is a clear recommendation from the health authorities in this situation where they sent union activists to quarantine, because if there is no clear recommendation from the health authorities it amounts to a detention. ”

In Parliament, the leader of the opposition and Samagi Jana Balawegaya (SJB), Sajith Premadasa, and the leader and MP of the National People’s Power (NPP) led by Janatha Vimukthi Peramuna (JVP) Anura Kumara Dissanayake also spoke last Thursday against police behavior.

Premadasa stressed that the DGHS is the competent authority to make such a decision to send a person to quarantine while Dissanayake noted that the quarantine law is forcibly used to abduct the common man.

The SJB also filed three fundamental rights (FR) petitions to the Supreme Court last Friday (9) challenging the arrests of union activists using the quarantine law.

Talk to Sunday morningJoseph Stalin, general secretary of the Ceylon Teachers Union (CTU), who was among those sent to quarantine, said they were sent to the quarantine center at the Air Force camp in Mullaitivu without notice from the police .

He said: “We could not get our medicine, clothes and essentials. These people are not treating us properly and the government is breaking the quarantine rules. ”

At the same time, in a letter to DGHS and IGP on Friday, the Sri Lanka Bar Association (BASL) expressed grave concern over the arrests and detentions of protesters by the Sri Lankan police, allegedly for violating health regulations relating to Covid-19.

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