Impeachment procedure is against the “International convention on Civil and political Rights (ICCPR)”
(Lanka-e-News -19.Nov.2012, 11.30AM) International Covenant on Civil and Political Rights
Sri Lanka ratified the treaty on June 11, 1980.
The International Covenant on Civil and Political Rights (ICCPR) is a international and multilateral treaty adopted by the United Nations General Assembly on December 16, 1966 and in force from March 23, 1976.
The intension of the treaty is to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
As of March 2012, the Covenant had 74 signatories and 167 parties.
The ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).[2]
Procedural fairness and rights of the accused
Main articles: Rights of the accused and Right to a fair trial
Article 14 recognizes and protects a right to justice and a fair trial.
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
These obligations apply to both criminal and civil hearings, and to all courts and tribunals.
The rest of the article imposes specific and detailed obligations around the process of criminal trials in order to protect the rights of the accused and the right to a fair trial.
It establishes the Presumption of innocence and forbids double jeopardy. It requires that those convicted of a crime be allowed to appeal to a higher tribunal, and requires victims of a Miscarriage of justice to be compensated. It establishes rights to a speedy trial, to counsel, against self-incrimination, and for the accused to be present and call and examine witnesses.
Impeachment Motion is against the said convention.
If the President Rajapakse removes the Chief Justice Bandaranayake without giving her a fair hearing, that decision null and void as it is a clear violation of the said convention.
Chief Justice Bandaranayaka can request from the United Nations to safe guard her right to a fair trial.
Sri Lankan Parliament converts it’s proceedings to a tribunal. It has the power to call witnesses, testify before the proceedings and to conclude whether the allegations are true or false.
Article 2
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
Question: We all should ask from the speaker whether he respects the UN convention, if so whether he has given a fair hearing to the Chief Justice Bandaranayake?
By -Premalal Ranasinghe: New York
(Lanka-e-News -19.Nov.2012, 11.30AM) International Covenant on Civil and Political RightsSri Lanka ratified the treaty on June 11, 1980.
The International Covenant on Civil and Political Rights (ICCPR) is a international and multilateral treaty adopted by the United Nations General Assembly on December 16, 1966 and in force from March 23, 1976.
The intension of the treaty is to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
As of March 2012, the Covenant had 74 signatories and 167 parties.
The ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).[2]
Procedural fairness and rights of the accused
Main articles: Rights of the accused and Right to a fair trial
Article 14 recognizes and protects a right to justice and a fair trial.
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
These obligations apply to both criminal and civil hearings, and to all courts and tribunals.
The rest of the article imposes specific and detailed obligations around the process of criminal trials in order to protect the rights of the accused and the right to a fair trial.
It establishes the Presumption of innocence and forbids double jeopardy. It requires that those convicted of a crime be allowed to appeal to a higher tribunal, and requires victims of a Miscarriage of justice to be compensated. It establishes rights to a speedy trial, to counsel, against self-incrimination, and for the accused to be present and call and examine witnesses.
Impeachment Motion is against the said convention.
If the President Rajapakse removes the Chief Justice Bandaranayake without giving her a fair hearing, that decision null and void as it is a clear violation of the said convention.
Chief Justice Bandaranayaka can request from the United Nations to safe guard her right to a fair trial.
Sri Lankan Parliament converts it’s proceedings to a tribunal. It has the power to call witnesses, testify before the proceedings and to conclude whether the allegations are true or false.
Article 2
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
Question: We all should ask from the speaker whether he respects the UN convention, if so whether he has given a fair hearing to the Chief Justice Bandaranayake?
By -Premalal Ranasinghe: New York
