SC to proceed with Ukrainian Captain FR petition

• Employee of Avant Garde challenges alleged illegal arrest and prolonged detention

By S. S. Selvanayagam

The Supreme Court yesterday granted leave to proceed with the Fundamental Rights (FR) petition filed by Ukrainian Captain of the Avant Garde Ship challenging his alleged illegal arrest and prolonged detention.

The bench, comprising Justices Eva Wanasundera and Nalin Perera, granted leave to proceed for the alleged infringement of his fundamental rights to equality, freedom from arbitrary arrest and detention. The court fixed the matter for 4 April for support of interim reliefs and fixing the date for hearing.

Petitioner Ukrainian Gennadiy Gavrylov (49-years old), Captain of ‘MV Avant Garde’ challenged his arrest in early October 2015 purportedly outside Sri Lankan territorial waters and his continued detention at the Galle remand prison.

Petitioner, father of one child, being detained in Galle remand prison, claims that he had absolutely no political affiliations to any group or party in Sri Lanka.

He laments that he was unfortunate to be embroiled in a political tug of war prevailing in the country. The petitioner is seeking the court to award Rs. 500 million from the respondents.

The petitioner cited the Officer-in-Charge of the Criminal Investigation Department (CID), Director CID, DIG in charge of the CID and Rakna Arakshaka Lanka Limited (RALL), a government-owned business undertaking affiliated to the Defence Ministry, Avant Garde Maritime Services (AGMS), Sri Lanka Shipping Company Ltd., Lanka Maritime Services Ltd., Defence Secretary and the Attorney General as respondents.

The petitioner states the MV Avant Garde was chartered by Avant Garde Maritime Services belonging to Sri Lanka Shipping Company had been seized in international waters in early October 2015 in the wake of the change of government.

He alleges some of the respondents subjected him to cruel, inhumane and degrading treatment through the false accusation that he had entered Sri Lankan territorial waters in the vessel he has taken over the command of the vessel on 24 July, 2015.

He states that SLNS Nandimithra, a fast missile vessel (FMV), had taken ‘MV Avant Garde’ into custody in international waters 15 nautical miles from the baseline.

He further states, though the vessel was to be delivered to the Sri Lanka Shipping Company as per instructions received in August 2015, he received a subsequent directive through proper channels to reach Galle port.

He states that a seven-member squad of Sri Lanka Navy personnel boarded the vessel at 7.15 a.m., on 6 October, 2015, after he refused directives issued by the SLN to proceed towards the Galle port and drop near the Galle port. Initially, he had been directed to proceed towards Panadura and drop anchor.

The Deputy Harbour Master of Galle, who is also the Acting Residential Manager of the Galle Port, in his statement too had admitted that the vessel was seized outside territorial waters of Sri Lanka, he contends.

Manohara de Silva PC with Arinda Wijesurendra appeared for the petitioner. Romesh de Silva PC with Kuvera de Zoysa PC and Sugath Caldera appeared for the Avant Garde Maritime Services (AGMS) and Sri Lanka Shipping Company Ltd., Deputy Solicitor General Ayesha Jinasena appeared for the CID, Defence Secretary and the Attorney General.