Removing Impunity For Offences Committed Under The Previous Regime

By R.M.B Senanayake –July 15, 2015

R.M.B Senanayake

The Rule of Law is an essential part of restoring Good Governance. Good Governance must include restoring the Rule of Law to bring to book those who acted with impunity through the exercise of political power. The cry of “good governance” seems to be reverberating in our country today. It is as if a social revolution is taking place. A similar situation in the past in the West was he cry for ‘good government’’. During the French Revolution the cry was for liberty, equality and fraternity. In the American Revolution the cry was for freedom and a breakaway from British rule and from the sovereignty of the King of England. The Founding Fathers of the American Constitution were statesmen. They realized that human beings are not angels- the Bible would vouch for that. Those entrusted with power tended to misuse it. That was to be expected of human nature. Men tended to arrogate as much power as possible to themselves. They would also like to be exempted from the application of the law which could be confined to the common people. Even if they were bound by the same law they would seek to act with impunity. But if the law is not applied and those who transgress it are not punished the law would be undermined. Those who are in power may seek to avoid being penalized for their violations of the law. But when they lose power they cannot or should not escape punishment. It is not an issue of taking revenge but rather one of re-affirming the law. So to reaffirm the law it is necessary to try those who violated the law but did so with impunity by the exercise of their power. When they are no longer in power the law must be re-affirmed and they should be tried for the offences they committed with impunity when they were in power. If this is not done those who are being tried under the same law could make a valid criticism.

But the cry for good governance has not stressed the need to try those who violated the law with impunity because of the undue exercise of power. We cannot naively accept that there are good men and bad men. Men are neither all good or all bad but a mix of both goodness and badness. But all must be subject to the law and anyone who has violated the law must be punished. The people’s slogan for good governance must be expanded to include the upholding of the Rule of Law and the need for the independence of the Judiciary. The Rule of Law cannot be upheld if the Judiciary is not ensured is independence.Read More