Judicial system

The United Nations Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul in a statement issued yesterday (November 14, 2012), stated that, “……the procedure for the removal of judges of the Supreme Court set out in article 107 of the Constitution of Sri Lanka allows the Parliament to exercise considerable control over the […]

The impeachment is not about the individual that is Shriyani Bandaranayake, the Chief Justice. The real issue is about ending the position of the judiciary as a separate branch of the state. What is now being faced is a momentous transformation of the very structure of governance in Sri Lanka. It is the final completion […]

An Open Letter from the Asian Human Rights Commission to the Judges of Sri Lanka Honourable Judges: I am writing on behalf of the Asian Human Rights Commission (AHRC) under extraordinary circumstances as the gravity of the issues involved compels me to do so. The issue that I wish to seek your attention is the […]

Once again, the country’s judiciary has underlined the fact that there is something fundamentally wrong with the police in India. On 7 November, the Chief Justice of Karnataka High Court, Justice Vikramajit Sen, while hearing a case said, “I never understand why the police always take the side of villains. Whether it is Haryana or Karnataka, […]

When I talked to a Sri Lankan friend about the killings of prisoners which happened yesterday and tried to convince him that people should demand justice, his instance reply was, “ Dhang justice naah” (now there is no justice) . In the past, this expression meant that there were serious concerns about justice. However, now it […]

Basil Fernando Humankind has at least a few millenniums of experience in keeping prisons. It is part of the unfortunate predicament of humanity that there is this need to have prisons. However, over these long years, through bitter experiences, humanity has learned to lessen the suffering involved for the inmates of prisons and to make […]

Dear friends, We wish to share with you the following article from the Sunday Times, Colombo, Sri Lanka, written by Kishali Pinto Jayawardena Asian Human Rights Commission Hong Kong ————- FOR IMMEDIATE RELEASE AHRC-FAT-039-2012 November 11, 2012 An article from the Sunday Times, forwarded by the Asian Human Rights Commission SRI LANKA: Shameful stifling of freedom […]

Dear friends, We wish to share with you the following article written by Tisaranee Gunasekara who is a Sri Lankan columnist based in Colombo Asian Human Rights Commission Hong Kong ————- An article written by Tisaranee Gunasekara, forwarded by the Asian Human Rights Commission SRI LANKA: Make the Impeachment Boomerang on the Rajapaksas Tisaranee Gunasekara […]

Yesterday (9th of October), at least 11 prisoners were gunned down and around 35 were injured by the STF. The shooting was carried out when the STF entered the Welikada prison for some inspections. (Photo Courtesy: Sunday Times, Sri Lanka) According to an eye witness, interviewed by the BBC Sinhala service, when some prisoners who […]

The series of events which are naked attacks on the rule of law and the independence of the judiciary in the recent past are well recorded.  These events culminated in the unprecedented action of the JSC chaired by the Chief Justice and constituted of two other Supreme Court Judges releasing a statement to the public […]

Basil Fernando The Chief Justice (CJ) has refuted all allegations made against her contained in the much publicized impeachment motion filed in parliament. (File Photo of the Chief Justice, Mrs. Shirani Bandaranayake) The CJ’s legal representatives have said in a letter “In the circumstances, in summary: (a) Our Client has declared all her operative bank […]

For the third time in 30 years, Members of Parliament have launched impeachment proceedings against a Chief Justice of Sri Lanka setting the stage for a crucial struggle for the preservation of independence of the judiciary and the rule of law. In many democratic countries impeachment of a judge is among the rarest of events […]

A reflection on the 16th murder in Kahawatte, gruesome violence in Galle and the petition for impeachment The 16th murder of a woman took place at Kahawatte last week. The woman is said to be 65 years old and was staying alone in the house until her son came back, when she was brutally murdered. […]

Dear friends, We wish to share with you the following article written by Tisaranee Gunasekara who is a Sri Lankan columnist based in Colombo Asian Human Rights Commission Hong Kong ————- An article written by Tisaranee Gunasekara, forwarded by the Asian Human Rights Commission SRI LANKA: Hell Hath No Fury…. Tisaranee Gunasekara “Tyrant, why swell’st thou thus, of […]

Under the present circumstances and under the 1978 constitution, when the president does not want the Chief Justice, the president just tells them to get out and go home. The way he does it is called impeachment proceedings. Once the president decides to file such proceedings – he has a two thirds majority in parliament […]

The 18th Amendment to the Constitution, which ended all the debates and discussions on the 17th Amendment, brought an end to all independent public institutions in Sri Lanka. From that point on, only one institution remained outside the complete control of the executive president. That was the judiciary. True, that institution itself had been seriously […]

The Sri Lankan government must immediately cease its assault on the independence of the judiciary, the International Commission of Jurists said in a new report released today. The 158-page report, Authority without Accountability: The Crisis of Impunity in Sri Lanka, documents how, and why, it has become nearly impossible for people who have suffered serious […]

After a series of attacks on the judiciary the Mahinda Rajapaksa government is now reported to be engaged in preparing papers for the impeachment of the Chief Justice (CJ). While the accusation against the CJ is not known the determination of the government to impeach her has been highly publicised. The state media have been […]

‘An independent judiciary functions as a critical institutional mechanism providing a check and balance on the executive and legislative branches of a democratic society. The independence of this organ is vital, not only to ensure that the judiciary is able to discharge its functions without fear or favour, but also to uphold public confidence in […]

The answer to that question is if the legislature can do whatever it likes, as it is becoming fashionable for some in Sri Lanka to say, it can also make such a declaration. The leader of the party that has the majority in parliament (even better if there is a two thirds majority), can order […]