header logo
Vallibel FD
vallible LE
Latest
Impeachment of Chief Justice ‘extremely politicized’ - UN expert
Jan 01, 201309:53 AM
Impeachment of Chief Justice ‘extremely politicized’ - UN expert
Mobitel inner 1278

Intimidation and attacks against judges and judicial officers in Sri Lanka are increasing in what may constitute a threat to the independence of the justice system in the Asian country, a United Nations independent expert warned.

“The recent steps taken by the executive and legislative towards impeaching the Chief Justice appear to be the culminating point of a series of attacks against the judiciary for asserting its independence,” the UN Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, stated in a news release yesterday.

According to reports received by Ms. Knaul, attacks and threats against members of the judiciary and lawyers in Sri Lanka, as well as interference in their work, have “dramatically increased” in recent months, with the procedure of impeachment of the Chief Justice of the country’s Supreme Court, Dr. Bandaranayake, launched before the Parliament on 1 November, being a particularly evident example.

On 8 December, the inquiry investigating Dr. Bandaranayake found her guilty of three out of the five charges which it had pursued.

“It is of high concern to me that the procedure for the removal of the Chief Justice of the Supreme Court is extremely politicized and characterized by lack of transparency, lack of clarity in the proceedings, as well as lack of respect for the fundamental guarantees of due process and fair trial,” Ms. Knaul said.

“I urge again the authorities of Sri Lanka to reconsider the impeachment of the Chief Justice due to the lack of due process and fair trial guarantees and to ensure that the judiciary can operate free from external pressures, threats or any interference,” she added.

In the Special Rapporteur’s view, according to the news release from the Office of the UN High Commissioner for Human Rights (OHCHR), the procedure for the removal of judges of Sri Lanka’s Supreme Court, set out in article 107 of the country’s constitution, allows the Parliament to exercise considerable control over the judiciary – and is therefore incompatible with both the principle of separation of power and article 14 of the International Covenant on Civil and Political Rights.

The UN expert urged Sri Lankan lawmakers to modify the country’s constitution in order to render it compliant to international human rights law and prevent the future political persecution of independent judges.

“To be compatible with both the principle of separation of powers and international human rights law norms, disciplinary proceedings against judges should be conducted by independent commissions and guarantee full respect for due process and fair trial,” Ms. Knaul concluded.

Independent experts, or special rapporteurs like Ms. Knaul, are appointed by the Geneva-based UN Human Rights Council to examine and report back, in an unpaid capacity, on specific human rights themes.


 

 

 

Disclaimer: All the comments will be moderated by the AD editorial. Abstain from posting comments that are obscene, defamatory or slanderous. Please avoid outside hyperlinks inside the comment and avoid typing all capitalized comments. Help us delete comments that do not follow these guidelines by flagging them (mouse over a comment and click the flag icon on the right side). Do use these forums to voice your opinions and create healthy discourse.

Comments

0
Comments are disabled

Note: Due to legal constraints, the Ada Derana Editorial team has taken a decision to disable comments on all articles concerning ongoing court procedures.

MostRead
Mobitel 1278
VideoStories
 Four killed, 70 injured in three-bus collision in Rambewa; Reckless overtaking & speeding suspected

Four killed, 70 injured in three-bus collision in Rambewa; Reckless overtaking & speeding suspected

 Cabinet approves $200mn ADB loan to boost SME Sector

Cabinet approves $200mn ADB loan to boost SME Sector

Colombo flooding examined at DCC meeting;

Colombo flooding examined at DCC meeting;

 Bay of Bengal disturbance may develop into depression; Rains expected to intensify from Nov. 15

Bay of Bengal disturbance may develop into depression; Rains expected to intensify from Nov. 15

Govt. to amend Organised Crime Prevention Bill

Govt. to amend Organised Crime Prevention Bill

 Monks seek pardon for Gnanasara Thero; Urge govt. to curb anti-Buddhist activities in the country

Monks seek pardon for Gnanasara Thero; Urge govt. to curb anti-Buddhist activities in the country

GMOA to stage protest in Colombo tomorrow; Govt reserves right to take action against obstacles – MP

GMOA to stage protest in Colombo tomorrow; Govt reserves right to take action against obstacles – MP

Showers wreak havoc across Sri Lanka; Another low pressure system over Bay of Bengal on Nov. 11

Showers wreak havoc across Sri Lanka; Another low pressure system over Bay of Bengal on Nov. 11

What caused floods in Colombo? Special emergency response taskforce to be set up

What caused floods in Colombo? Special emergency response taskforce to be set up

New bills should empower courts rather than police and politicians -Ex-Justice Minister on Hyde Park

New bills should empower courts rather than police and politicians -Ex-Justice Minister on Hyde Park

Deniyaya Tragedy: Bodies of all victims recovered Another teenager goes missing after boat accident

Deniyaya Tragedy: Bodies of all victims recovered Another teenager goes missing after boat accident

Hindus worldwide mark Deepavali Festival; Special celebrations held across Sri Lanka

Hindus worldwide mark Deepavali Festival; Special celebrations held across Sri Lanka

32-year-old arrested with a large haul of heroin and ‘Ice’ in Thalawathugoda

32-year-old arrested with a large haul of heroin and ‘Ice’ in Thalawathugoda

 Colombo's drainage system can handle only around 30 mm of rainfall – Mayor

Colombo's drainage system can handle only around 30 mm of rainfall – Mayor

Opposition Leader Sajith criticizes government over handling of severe flooding in Colombo

Opposition Leader Sajith criticizes government over handling of severe flooding in Colombo

Lassana Flora