Judicial system

SRI LANKA: Make the Impeachment Boomerang on the Rajapaksas

Dear friends, We wish to share with you the following article written by Tisaranee Gunasekara who is a Sri Lankan columnist based in Colombo Asian Human Rights Commission Hong Kong ————- An article written by Tisaranee Gunasekara, forwarded by the Asian Human Rights Commission SRI LANKA: Make the Impeachment Boomerang on the Rajapaksas Tisaranee Gunasekara […]

SRI LANKA: Now there is no justice

When I talked to a Sri Lankan friend about the killings of prisoners which happened yesterday and tried to convince him that people should demand justice, his instance reply was, “ Dhang justice naah” (now there is no justice) . In the past, this expression meant that there were serious concerns about justice. However, now it […]

SRI LANKA: BASL has failed to act positively

The series of events which are naked attacks on the rule of law and the independence of the judiciary in the recent past are well recorded.  These events culminated in the unprecedented action of the JSC chaired by the Chief Justice and constituted of two other Supreme Court Judges releasing a statement to the public […]

SRI LANKA: Special Task Force kills 11 prisoners and injures many others

Yesterday (9th of October), at least 11 prisoners were gunned down and around 35 were injured by the STF. The shooting was carried out when the STF entered the Welikada prison for some inspections. (Photo Courtesy: Sunday Times, Sri Lanka) According to an eye witness, interviewed by the BBC Sinhala service, when some prisoners who […]

SRI LANKA: How does the Attorney General file indictments and how do Members of Parliament sign impeachment petitions?

Basil Fernando The Chief Justice (CJ) has refuted all allegations made against her contained in the much publicized impeachment motion filed in parliament. (File Photo of the Chief Justice, Mrs. Shirani Bandaranayake) The CJ’s legal representatives have said in a letter “In the circumstances, in summary: (a) Our Client has declared all her operative bank […]

SRI LANKA: Judging a judge — Politics and pitfalls in the process

For the third time in 30 years, Members of Parliament have launched impeachment proceedings against a Chief Justice of Sri Lanka setting the stage for a crucial struggle for the preservation of independence of the judiciary and the rule of law. In many democratic countries impeachment of a judge is among the rarest of events […]

SRI LANKA: Why is Sri Lanka abandoning a court centered, law based system of justice?

A reflection on the 16th murder in Kahawatte, gruesome violence in Galle and the petition for impeachment The 16th murder of a woman took place at Kahawatte last week. The woman is said to be 65 years old and was staying alone in the house until her son came back, when she was brutally murdered. […]

SRI LANKA: Hell Hath No Fury….

Dear friends, We wish to share with you the following article written by Tisaranee Gunasekara who is a Sri Lankan columnist based in Colombo Asian Human Rights Commission Hong Kong ————- An article written by Tisaranee Gunasekara, forwarded by the Asian Human Rights Commission SRI LANKA: Hell Hath No Fury…. Tisaranee Gunasekara “Tyrant, why swell’st thou thus, of […]

SRI LANKA: The banality of the impeachment

Under the present circumstances and under the 1978 constitution, when the president does not want the Chief Justice, the president just tells them to get out and go home. The way he does it is called impeachment proceedings. Once the president decides to file such proceedings – he has a two thirds majority in parliament […]

SRI LANKA: The attack on the judiciary is a logical extension of the 18th Amendment to the Constitution

The 18th Amendment to the Constitution, which ended all the debates and discussions on the 17th Amendment, brought an end to all independent public institutions in Sri Lanka. From that point on, only one institution remained outside the complete control of the executive president. That was the judiciary. True, that institution itself had been seriously […]

SRI LANKA: New Sri Lanka report on the Judiciary, the Attorney General and State Immunities

The Sri Lankan government must immediately cease its assault on the independence of the judiciary, the International Commission of Jurists said in a new report released today. The 158-page report, Authority without Accountability: The Crisis of Impunity in Sri Lanka, documents how, and why, it has become nearly impossible for people who have suffered serious […]

SRI LANKA: The impeachment of the Chief Justice is a prelude to greater militarisation

After a series of attacks on the judiciary the Mahinda Rajapaksa government is now reported to be engaged in preparing papers for the impeachment of the Chief Justice (CJ). While the accusation against the CJ is not known the determination of the government to impeach her has been highly publicised. The state media have been […]

SRI LANKA: International Bar Association condemns attacks on judiciary

‘An independent judiciary functions as a critical institutional mechanism providing a check and balance on the executive and legislative branches of a democratic society. The independence of this organ is vital, not only to ensure that the judiciary is able to discharge its functions without fear or favour, but also to uphold public confidence in […]

SRI LANKA: Can the legislature declare all automobiles to be rickshaws?

The answer to that question is if the legislature can do whatever it likes, as it is becoming fashionable for some in Sri Lanka to say, it can also make such a declaration. The leader of the party that has the majority in parliament (even better if there is a two thirds majority), can order […]

SRI LANKA: The ugliest attack in Sri Lanka’s history on the Supreme Court and the Chief Justice

The Mahinda Rajapaksa regime has resorted to the ugliest attack in Sri Lankan judicial history on the Supreme Court and the Chief Justice this week by using the state media as a slander machine and through employing the state media to introduce deliberately manufactured slanderous letters to the parliament solely with the purpose of abusing […]

SRI LANKA: The executive is exposing Sri Lankans to a dangerous situation by ruthlessly attacking the judiciary

Mahinda Rajapaksa’s government is now engaged in a ruthless attack on the Chief Justice, the Judicial Service Commission (JSC) and the independence of the judiciary in general. The immediate reason for the attacks is the Supreme Court decision against the Divineguma Bill and the JSC decision to take disciplinary action against a judicial officer alleged […]

SRI LANKA: Decisive moment in the defence of an independent judiciary

On 7 October 2012 four persons attacked the Secretary to the Judicial Services Commission of Sri Lanka (JSC), Mr. Manjula Thilakaratne.  Thilakaratne is a senior high court judge. The Secretary, accompanied by his wife, had taken their son to drop him at the St. Thomas’ College gymnasium. After dropping his wife and son at the […]

[Sinhalese] අධිකරණයේ ස්වාධීනත්වය ආරක්ෂා කරගැනීමේ තීරණාත්මක මොහොත

ඔක්තොම්බර් 10, 2012 ආසියානු මානව හිමිකම් කොමිසම පසුගිය ඔක්තෝම්බර් 07 වැනි දින, මහා අධිකරණයේ හිටපු  විනිශ්චකාරවරයෙකු මෙන්ම  අධිකරණ සේවා කොමිසමේ ලේඛම් ධූරය දරණ  මංජුල තිලකරත්න මහතා පුද්ගලයින් සිව් දෙනෙකුගේ ප්රාහාරයට ලක් විය. ශාන්ත තෝමස් විදුලේ ගෘහස්ථක්රීතඩාංගණය වෙත තම පුතනුවන් සහ බ්රිඳ ගොඩ බැස්සීම සඳහා ලේඛම් වරයා එදින ගමන් කළේය. ඔහුගේ බ්රිඳ සහ පුතනුවන් එහි බැස්සවීමෙන් […]

SRI LANKA: The AHRC seeks UN intervention on the independence of the judiciary in Sri Lanka

(Hong Kong, October 10, 2012) The Asian Human Rights Commission today wrote a letter to Ms. Gabriella Knaul, the Special Rapporteur on the independence of judges and lawyers informing her of the attempted abduction and assault of Mrs. Manjula Tilakaratne, the secretary of the Judicial Service Commission of Sri Lanka. The AHRC stated that: The […]

SRI LANKA: Invitation to public discussion meeting on attacks on the judiciary

We cordially invite you and your organization to the Public meeting organized by LfD to discuss the recent attacks on the Independence of the Judiciary. This Meeting is of significant importance for the Lawyers, Judiciary, media and ultimately for the Public. This is also intended to provide a forum for participants to discuss and learn […]