FOR IMMEDIATE RELEASE
AS-033-2006
March 6, 2006
A Statement by the Asian Human Rights Commission (AHRC)
SRI LANKA: Delays in courts – everyone’s karume
The expression by a High Court judge at Hulftsdorp that it was due to his karume (karma) that he had to be a judge postponing cases is a rare admission of one of the most disheartening problems in the administration of justice in Sri Lanka, (Daily Mirror ?3rd March, 2006). The Asian Human Rights Commission has regularly drawn attention to the issue of the postponement of cases and pointed it out as a core issue that is upsetting the justice system in general, and the criminal justice system in particular, in Sri Lanka.
It is indeed a karumeya of very great proportions that distorts not only all aspects of justice but all aspects of life in Sri Lanka. Litigants, lawyers and judges all suffer from this deeply embedded systemic problem. Any measure developed to improve the security of people, enhance the efficiency of the state bureaucracy, or ensure any special relief to any specially victimised group of people at the hands of state officers – be they women, children, displaced persons, victims of crime or victims of torture – can be sabotaged through the manipulation of the process of delay. It is inscribed in the psyche of the perpetrators of any crime, whether a political crime, a crime of fraud or corruption at high levels of bureaucracy, or a crime such as drug dealing that is having devastating effects on society and families, that by subtle and cynical manipulation of the process of delay it is possible to get away from any sort of criminal responsibility. The sufferers are those who have a just cause and a good reason to expect that, under normal circumstances, the law is obliged to protect them.
However, to date, there has not been a single move towards liberation from this karumeya. If the life of any of the litigants is recorded in detail, one will find that an aruma puduma (incredibly surprising) world of absurdities has entered into the litigants life, due to having been pushed to seek justice in a court of law. To protest about such absurd experiences may also lead to further problems, such as contempt of court or other forms of harassment. The threat of physical harm as well as the all too real threat of assassination also hang upon the innocent party that carries this karume.
The World Banks assistance to Sri Lanka under the Legal and Judicial Reform project was, among other things, aimed at addressing the issue of delays in courts. The equivalent of US$ 18.2 million were assigned to this project. The project started in the late 90s and is supposed to be ongoing to the present day. Has this multi-million dollar project had any positive impact in addressing the problem of delays in courts? The answer is known to all Sri Lankans and it is very much in the negative. The High Court judges exasperation, as contained in his bitter remark about karume, is only a reminder of the fact that delays are today even worse than they were before, in spite of the World Bank projects purported intentions.
If part of this World Bank money was in fact directed towards projects to eliminate court delays, but has not produced the expected result, then a proper evaluation of these efforts may throw light on the causes of the failure and the measures that may be necessary in the future in order to avoid such failures. The facts relating to the use of these funds to address the issue of delays need to be revealed to the public, given that this is an issue of genuine public interest that devastates everyones life in the country. If the public have access to the information relating to the measures undertaken within this project, they will be able to make an informed assessment of the issue.
It is the duty of the World Bank and all those who have administered this fund on behalf of the Sri Lankan government to reveal the details concerning any action taken with regard to the use of these funds. The funds under the World Bank project were provided to the Democratic Socialist Republic of Sri Lanka. It is therefore primarily the obligation of the government to reveal the details concerning the manner in which it has pursued this project. On the other hand, the World Bank also has the obligation to reveal these matters to the public. The World Bank has the transparency of its transactions as one of its declared aims.
The word karume used by the High Court judge is a very strong word, and yet, in this context, it is still an extreme understatement of the actual reality faced by people, lawyers, judges and the government itself. Has this karume also had a direct or indirect impact on the use of World Bank funds that are aimed at achieving liberation from this karume? This can only be known once the details concerning the use of the funds in question have been revealed.
