Editorial Courtesy Them Island

Thursday 19th December, 2019

Switzerland has expressed its displeasure at the way Sri Lanka is handling the case against its Sri Lankan employee, Garnier Banister Francis, who stands accused of having falsely claimed that she was abducted and threatened by an unidentified group to reveal Swiss Embassy-related information. It has made known its concerns in a strongly-worded media statement.

The statement from Bern says, inter alia: “The FDFA [Federal Department of Foreign Affairs] has repeatedly called for due process to be followed. In particular, the FDFA has criticised the 30-hour interrogation to which the employee was subjected over three days in spite of being in poor health …” One may be justified in being critical of the manner in which the CID has questioned Francis. However, that is how it usually questions people. Its interrogation sessions go on for hours on end unnecessarily. But Bern should explain why the alleged victim had been kept inside the Swiss Embassy, in Colombo, if she had been so ill; she should have been admitted to hospital immediately. There was absolutely no need for arrangements to be made for an air ambulance to be brought here. How come she suddenly got fit enough to make a statement to the CID, following a court order? Curiously, Francis did not look unwell when she appeared before the Colombo Magistrate’s Court.

The Swiss government’s statement is also critical of the fact that some Sri Lankan officials made public statements before the investigations into the alleged abduction were over. True, they should have acted with restraint without expressing their views. Similarly, some UNP politicians also acted in such a manner that one thought they had been given access to the alleged victim, whom the police were prevented from meeting to record a statement.

A UNP MP told the media that the abductors of Francis had thrust a pistol into her mouth and molested her. One may argue that he would not have made such a serious statement unless he had spoken to the alleged victim or at least some responsible officials at the Swiss mission. He and other UNP politicians did their darndest to have the whole world believe that the much-dreaded White Van abductions had resumed under the new administration. Government politicians sought to counter that allegation by making public statements. All these politicians and officials should have exercised control over their restless tongues until the probe was over.

The Swiss Embassy could have prevented the alleged abduction from becoming a political issue by co-operating with the Sri Lankan government without denying the police access to its employee. It should not have waited until the police moved courts to do so. It kept on demanding an investigation while denying the police access to its employee. If it had allowed the police to record a statement from her immediately after they were informed of the alleged incident, perhaps, she would not have had to visit the CID headquarters at all.

What one gathers from the FDFA statement is that the Swiss government is under the impression that the nub of the problem is that the principles of fairness and due process have been breached anent the legal proceedings against Francis. Due process has been defined differently but, basically, it means that the law is carried out according to the established rules and principles. It also refers to the exercise of the powers of government within the confines of the law and sanctions to ensure that the individual rights are safeguarded. Thus, the statement issued by Bern, implying that due process is lacking in the way the case against its employee is being handled is tantamount to a very serious allegation. Colombo has reason to protest.