WORLD: Independence of judiciary is restored in Sri Lanka

Dr. Shirani Bandaranayke returned to the Supreme Court, and was warmly welcomed by all the judges of the Supreme Court and other courts, today January 28, 2015

The Asian Human Rights Commission is pleased to know that the stumbling block impeding the independence of the judiciary in Sri Lanka has been removed. The illegally appointed Chief Justice Mohan Peiris is removed from office, and Dr. Shirani Bandaranayake, who was unlawfully impeached by the Rajapaksa regime, is reinstated as the Chief Justice of Sri Lanka.

Today Dr. Shirani Bandaranayke returned to the Supreme Court, and was warmly welcomed by all the judges of the Supreme Court and other courts. People, including lawyers gathered at the Supreme Court to welcome the reinstated Chief Justice.

Due to the obstacles created with the promulgation of the 1978 Constitution, independence of the Supreme Court of Sri Lanka was constantly undermined for decades. The illegal removal of Chief Justice Dr. Bandaranayake in January 2013 by the Rajapaksa regime finally ended the independence of judiciary.

Mohan Peiris, a close family and political ally of former president Mahinda Rajapaksa, cooperated with the President on his dictatorial scheme. Mohan Peiris acted against legal norms to support all forms of illegal acts committed by Rajapaksa.

In the recent 8 January 2015 election the people voted Rajapaksa out of office, and the incumbent President Mithripala Sirisena assumed office. Amongst other promises, the new government vowed to restore the independence of the judiciary, and to undo the illegal removal of Chief Justice Dr. Shirani Bandaranayke. Today, that promise has been fulfilled.

For decades, the Asian Human Rights Commission has agitated against the destruction of the democratic structure of the country, including the independence of the judiciary. Now, a new age opens with great possibilities for the recovery of the independence of the judiciary, and for the fight to protect and uphold the rights of the people.

The Asian Human Rights Commission urges everyone, including the international community, to support the move to restore the independence of the judiciary in Sri Lanka. Extraordinary measures were needed to overcome an extraordinary problem that had beset constitutional governance in Sri Lanka. The Asian Human Rights Commission congratulates the new government for having the political courage to take this important historical decision.

It is now for the lawyers, the judges, and the entire civil society to actively participate in the process of resonating the democratic legal process by doing all they can to strengthen the independence of the judiciary in Sri Lanka.

Document Type : Statement
Document ID : AHRC-STM-024-2015
Countries : World,