Impeachment And International Obligations
Kamal Nissanka
“An independent, effective and competent legal profession is fundamental to the upholding of the rule of law and the independence of judiciary”(Commonwealth Principles-2003)
(a).Bar Association
The Bar Association of Sri Lanka at a Special General Meeting held on the 15th of December 2012 formally expressed its dissatisfaction about the impeachment process directed at the Chief Justice and further resolved that, in case of the removal of the incumbent Chief justice from office, it would not welcome a “New Chief Justice’. Though there were a few lawyers who seemed to be present at the meeting to vote against the resolution, no recognized legal luminary came forward to oppose the resolution and demand a vote or a secret vote. Members were also given ample time to express their views. The post General Meeting situation is very clear. The government media is now at war with the Bar Association of Sri Lanka and seems to pursue this through mudslinging while some elements seek to to physically and psychologically intimidate leading members of the legal fraternity. Mr. Wijedasa Rajapakse, Mr Gunarathne Wanninayake and Mr. M.A. Sumanthiran are already attack in this regrettable sinister campaign against lawyers.
There is no doubt that the lawyers as well as judges are an integral part of the Supreme Court. When the head of the Supreme Court is in the dock it is indeed a matter that affects the conscience of both lawyers and judges. Things get worse when uncivilized media and political goons rally round to attack and sling mud on both. The common feeling among the majority of lawyers is that both the executive and the legislature are now on a collision course with the judiciary, creating an anarchic situation in the administration of justice. If the parliamentarians decide to disobey court orders, that will generate a chaotic situation in the country and create a constitutional deadlock. The impeachment storm in Sri Lanka winds to an unknown destination.
In this context it is significant to remind the authorities of our commitments towards a few international declarations that incorporate standards regarding removal of judges from office and principles of accountability in relation to the relationship between the three branches of government.
The International Bar Association in 1982 in the Declaration of “Minimum Standards of JudicialIndependence” laid down among other things that the power of removal of a judge should preferably be vested in a judicial tribunal. It further declared that “The legislature may be vested with powers of removal of judges preferably upon a recommendation of a judicial commission.”
