Sri Lanka: judges around the world condemn impeachment of Chief Justice Dr Shirani Bandaranayake
January 23, 2013
Today, senior judges and eminent jurists from around the world joined together, calling on the Government of Sri Lanka to reinstate the legal Chief Justice Dr Shirani Bandaranayake.
An open letter issued by the Centre for the Independence of Judges and Lawyers of the International Commission of Jurists (ICJ) was sent to the Honorable Speaker of Parliament Chamal Rajapakse and H.E. President Mahinda Rajapakse, condemning the removal of Chief Justice Dr Shirani Bandaranayake as unconstitutional and in contravention of international standards on judicial independence.
The letter emphasized that an independent and impartial judiciary is essential for the protection of human rights, the rule of law, good governance and democracy.
It says: “The irremovability of judges is a main pillar of judicial independence. Judges may be removed only in the most exceptional cases involving serious misconduct or incapacity. And in such exceptional circumstances, any removal process must comport with international standards of due process and fair trial, including the right to an independent review of the decision.”
The impeachment process, and subsequent removal of the legal Chief Justice disregarded international standards of judicial independence and minimum guarantees of due process and fair trial.
“The Rajapakse Government has brought Sri Lanka within steps of authoritarian rule, dismantling the system of checks and balances and eviscerating judicial independence,” said Wilder Tayler, ICJ Secretary General.
The Government’s conduct is a flagrant violation of the core values of the Commonwealth of Nations, notably the Latimer House Principles on the Three Branches of Government 2003.
The Latimer House Principles require the State to uphold the rule of law by protecting judicial independence and maintaining mutual respect and cooperation between Parliament and the Judiciary.
The Commonwealth Magistrates’ and Judges’ Association endorsed the letter.
In recent days, lawyers and advocates, opposing the impeachment have allegedly been sent threatening letters from a group identified as the Patriotic Taskforce.
The group has targeted the lawyers as traitors. Civil society groups have also been targeted in smear campaigns in the media. The Chief Justice has voiced concern for her and her family’s safety, calling on the international media to “…look after the three of us.”
“Sri Lanka must act immediately to guarantee the security of persons who have been the subject of threats or intimidation and must initiate prompt, thorough and impartial investigations into such allegations,” Tayler added.
The ICJ’s Centre for the Independence of Judges and Lawyers and the undersigned jurists urge H.E. President Mahinda Rajapakse and Speaker of Parliament Chamal Rajapakse to act immediately to restore the independence of the judiciary by reinstating the legal Chief justice Dr. Shirani Bandaranayake.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t: +66(0) 807819002; email: sam.zarifi@icj.org
Sheila Varadan, ICJ Legal Advisor, South Asia Programme, (Bangkok), t: +66 857200723; email: sheila.varadan@icj.org
Sri Lanka-Impeachment Chief Justice-ICJ open letter-2012 (full text in pdf)
Sri Lanka: judges around the world condemn impeachment of Chief Justice Dr Shirani Bandaranayake
January 23, 2013
Today, senior judges and eminent jurists from around the world joined together, calling on the Government of Sri Lanka to reinstate the legal Chief Justice Dr Shirani Bandaranayake.
An open letter issued by the Centre for the Independence of Judges and Lawyers of the International Commission of Jurists (ICJ) was sent to the Honorable Speaker of Parliament Chamal Rajapakse and H.E. President Mahinda Rajapakse, condemning the removal of Chief Justice Dr Shirani Bandaranayake as unconstitutional and in contravention of international standards on judicial independence.
The letter emphasized that an independent and impartial judiciary is essential for the protection of human rights, the rule of law, good governance and democracy.
It says: “The irremovability of judges is a main pillar of judicial independence. Judges may be removed only in the most exceptional cases involving serious misconduct or incapacity. And in such exceptional circumstances, any removal process must comport with international standards of due process and fair trial, including the right to an independent review of the decision.”
The impeachment process, and subsequent removal of the legal Chief Justice disregarded international standards of judicial independence and minimum guarantees of due process and fair trial.
“The Rajapakse Government has brought Sri Lanka within steps of authoritarian rule, dismantling the system of checks and balances and eviscerating judicial independence,” said Wilder Tayler, ICJ Secretary General.
The Government’s conduct is a flagrant violation of the core values of the Commonwealth of Nations, notably the Latimer House Principles on the Three Branches of Government 2003.
The Latimer House Principles require the State to uphold the rule of law by protecting judicial independence and maintaining mutual respect and cooperation between Parliament and the Judiciary.
The Commonwealth Magistrates’ and Judges’ Association endorsed the letter.
In recent days, lawyers and advocates, opposing the impeachment have allegedly been sent threatening letters from a group identified as the Patriotic Taskforce.
The group has targeted the lawyers as traitors. Civil society groups have also been targeted in smear campaigns in the media. The Chief Justice has voiced concern for her and her family’s safety, calling on the international media to “…look after the three of us.”
“Sri Lanka must act immediately to guarantee the security of persons who have been the subject of threats or intimidation and must initiate prompt, thorough and impartial investigations into such allegations,” Tayler added.
The ICJ’s Centre for the Independence of Judges and Lawyers and the undersigned jurists urge H.E. President Mahinda Rajapakse and Speaker of Parliament Chamal Rajapakse to act immediately to restore the independence of the judiciary by reinstating the legal Chief justice Dr. Shirani Bandaranayake.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t: +66(0) 807819002; email: sam.zarifi@icj.org
Sheila Varadan, ICJ Legal Advisor, South Asia Programme, (Bangkok), t: +66 857200723; email: sheila.varadan@icj.org
Sri Lanka-Impeachment Chief Justice-ICJ open letter-2012 (full text in pdf)
We Will Continue To Carry Out Our Obligations – Lawyers Collective
By Lawyers Collective -January 23, 2013
The Lawyers Collective has carefully considered the events that led to the removal of the Chief Justice. Our struggle to protect the independence of the judiciary has entered a new phase, with the government (the Legislature & the Executive) going through with a purported impeachment despite the determination of the Supreme Court & the writ of certiorari quashing same by the Court of Appeal.
IN THESE CIRCUMSTANCES:
1. Despite there being an appointment of a “Chief Justice” under controversial circumstances, without lawfully removing the 43rd Chief Justice of the country, we have to appear before any bench of the Supreme Court, in view of our professional duties and obligations towards our clients.
2. We pledge not to bow down to the strong- arm political tactics that is being used to undermine our judicial system. We have faith in our judicial system which we have zealously protected over centuries and which we will continue to protect and preserve for our future generations at whatever personal cost to us.
3. We call upon all segments of society, civil organizations, political parties, all those committed to the restoration of Rule of Law and the independence of the judiciary to join with us in this crucial struggle, to publicly condemn these unlawful acts to undermine and destroy the independence of the judiciary and to take all possible steps to create public awareness of the seriousness of this crisis and the very real danger the country faces.
4. We have seen some “doctored media footage” attempting to mislead the masses by showing some purported certain acts of ours. We wish to categorically state that all our steps in this struggle were carefully discussed, evaluated and carried out, with responsibility and we will continue to do so within lawful and democratic means. We call upon our colleagues in the profession not to fall prey to these political attempts and to remain true to the oath that we have taken to protect and defend the constitution and thereby the rights of the people and to fight to protect these rights.
5. In the present context of our struggle we call upon the legal fraternity in the forefront of this struggle, to broaden, activate, empower our regional associations and members to educate and foster a longer and sustained participation of the people in this struggle.
WE REITERATE THAT IN ALL OUR EFFORTS we were and we will be true to our oath as Attorneys at law which we are bound morally and legally to defend. We will continue to carry out our obligations notwithstanding any threat or intimidation; in fact we are far more resolute in this mission now than ever before.
In pursuance of our considered decisions, we will be organizing public discussions, seminars and meetings throughout the country, and convene a national convention of professional bodies, civil society organizations, trade unions, and other organizations to take concrete decisions regarding the struggle to restore Rule of Law, Independence of Judiciary and Democracy itself.
