The Asian Human Rights Commission welcomes the resolution adopted by the Bar Association of Sri Lanka (BASL) to introduce a . BASL appointed a committee comprising a former chief justice and two former Supreme Court judges to draft this code of conduct. This move by BASL answers a dire need in the country. It deserves active support from all lawyers, intellectuals, and civil society organisations by way of public discussion and debate on the issues involved. AHRC has for several years now identified the situation in Sri Lanka as an exceptional collapse of the rule of law. Discussing the ethics that should inform and guide the judiciary can emerge as an important contribution towards alleviating a situation which, if unattended, could sink the country into deplorable chaos.
An ethical code for judges should cover a large area of justice administration in the country. We note here a few areas worth mentioning:
─ The judiciary amongst itself–members of the higher judiciary as peers and as equals; the relationship between lower ranks and higher ranks of the judiciary; modes of disciplinary control; promotions, transfers, and the like.
─ The judiciary and lawyers–both in terms of the official as well as unofficial bars. This also involves the treatment of junior lawyers, out-station lawyers, and all other lawyers who may not belong to an elite; the right of audience as regards all lawyers; courtesy between the judiciary and lawyers; and preventing direct or indirect intimidation of lawyers of any category. This concern is all the more important given numerous documented instances where lawyers have been treated with extreme discourtesy at the very highest judicial levels;
─ The judiciary and litigants–the judicial process in Sri Lanka is tediously drawn out. Often the ordinary citizen does not get the respect he or she deserves from the judiciary. Courts often begin work at times convenient to the judges, while the litigants have to report early. Postponement after partial hearing of one witness drags cases on for a long time. Courtrooms are often uncomfortable, not very clean, and often lack even basic toilet facilities. All this creates an unpleasant and even intimidating atmosphere in court.
─ The judiciary and the police–since the murder of Justice Ambepitiya, security considerations have brought the judiciary physically much closer to the police. Given the fact that in many cases the accusing fingers are pointed at the police, many conflict-of-interest considerations arise as to whether this close interaction might affect impartiality. Even in magistrate courts in recent decades, police officers have acquired a dominant role, thus affecting the capacity of lawyers to act without fear and intimidation when defending their clients. The judiciarys role in ensuring that citizens feel free to challenge the defects of law enforcement casts a heavy burden on magistrates in maintaining decorum in court.
Besides these, there are also other areas affecting the ethical conduct of judges, for example their dealings with the media. In the recent past, there have been grave accusations leveled against some members of the judiciary. The public has not received satisfactory responses from the judiciary for these accusations. This affects public perception of the nature and quality of the judiciary.
These are but a few items that may be pointed out at this initial stage of discussing an ethical code for the judiciary. We urge lawyers, judges themselves (including those retired), professionals and intellectuals in all areas of life, and all concerned citizens and organisations to give a high priority to this discussion and to support BASL in developing a code that could have great weight in improving the present situation.
