The Government of Sri Lanka has responded to concerns raised by the UN Special Rapporteur on the Independence of Judges and Lawyers Margaret Satterthwaite over the proposed constitutional amendments to increase the retirement age of judges of the superior courts, stressing that the amendments are not intended to prolong the mandates of specific judges or alter the composition of the Judiciary for immediate institutional purposes.
The Government’s response was conveyed through the Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations Office in Geneva and other International Organizations in Switzerland, in reply to the official communication recently issued by the Special Procedures Branch of the United Nations Office of the High Commissioner for Human Rights (OHCHR).
In its response, the Government said it appreciates the opportunity to clarify the constitutional, legislative and policy considerations relevant to the concerns raised by the Special Rapporteur regarding the proposed amendments, including those concerning the retirement age of judges.
At the outset, the Government reiterated its “unequivocal and longstanding commitment to safeguarding and advancing the independence, impartiality and integrity of the Judiciary, the rule of law, separation of powers and the right of every person to a fair and public hearing before a competent, independent and impartial tribunal established by law.”
The Government said it has taken note of the concerns raised by the Special Rapporteur and maintained that the proposed amendments should be assessed within their proper legal and policy context, taking into consideration the applicable constitutional and statutory framework, as well as legitimate objectives aimed at strengthening the efficient administration of justice in Sri Lanka and meeting both domestic and international obligations.
It emphasized that the Bills have not been proposed to prolong the mandates of specific members of the superior courts, nor to alter the composition of the Judiciary for immediate institutional purposes.
According to the Government, the principal objective of the proposed amendments is to strengthen the capacity of the justice system by addressing significant case backlogs and delays, improving access to justice, facilitating the regional exercise of appellate jurisdiction, and retaining judicial expertise and institutional knowledge.
The Government also addressed concerns regarding the proposed application of the amendments to judges who are currently serving.
It stated that the question of applying the proposed retirement age to serving judicial officers had been carefully considered, and that including sitting judges is intended to ensure institutional continuity and prevent the loss of experienced judicial officers at a time when the Government is seeking to expand the number of courts and judicial positions.
“The exclusion of sitting judges would defeat the legitimate objective of increasing the retirement age, being the retention of judicial experience and institutional continuity,” the Government stated.
It explained that retaining experienced judicial officers for a defined additional period would complement the appointment of new judges and help newly appointed judges and newly established courts function effectively.
The Government further stressed that the proposed amendments in question are not intended to retain particular judges, but to ensure that the Judiciary possesses the requisite capacity and experience to support the planned expansion of its operations.
It also argued that the inclusion of sitting judges is justified within the specific context of the proposed amendments and is “reasonable, rational and is in itself a safeguard to prevent actual or perceived interference by the executive or legislative branches in the composition and functioning of the judiciary.”
The Government’s response follows an official communication issued by UN Special Rapporteur Margaret Satterthwaite to the President of Sri Lanka, in which concerns were raised regarding the proposed constitutional amendment seeking to increase the retirement age of judges of the superior courts.
