SRI LANKA: The decision of the Military Tribunal against General Fonseka ugly but not surprising 

A military tribunal made its decision against General Fonseka finding him guilty of the charge of being engaged in politics while in military service. The Tribunal made the decision without respect to due process and the principles of fair trial.

The handpicked ‘judges’ were previous subordinates of the general who had been subjected to disciplinary action by him so were quite obviously biased and unable to make a fair judgement. Objection on the basis of bias was made but was rejected by the Tribunal. Furthermore the Tribunal refused to grant the request of lawyers for the accused to have the trial on dates convenient to them. The Tribunal hurriedly pronounced the pre-planned decision and in doing so made no attempt to appear fair.

Police brutally attacked a peaceful demonstration demanding justice for the general and arrested two members of parliament who went to make a complaint. The police officers informed them that the arrests were made on ‘orders from above’.

Political trials orchestrated on orders from the presidential palace are now very much a part of the Sri Lankan experience. Moscow type trials, in other words, political mockeries regularly take place now.

The Asian Human Rights Commission has documented the collapse of the rule of law system in meticulous detail and has been reported on the situation for several years.

Justice is no longer possible within Sri Lanka. The judgment against the retired General justifies the demand for an international tribunal.

Document Type : Statement
Document ID : AHRC-STM-172-2010-2
Countries : Sri Lanka,
Issues : Judicial system, Military, Rule of law,