News
‘Corruption has many faces, bribery only one of them – AG
The courts had quite justly come to be regarded as the sentinel over the powers of the legislature and the executive in Sri Lanka in order to safeguard the rights of the citizen under the law and the Constitution, Attorney General Dappula de Livera, PC has said on March 23 at the ceremonial sitting of the Court of Appeal
“The credibility of a judicial system in a country is dependent on the Judges who man it. Judges must be persons of impeccable integrity and unimpeachable independence. A Judge must discharge his judicial functions with high integrity, impartially and intellectual honesty. Speaking of Intellectual honesty; I have said this earlier that the law would be like a ball of clay in the hands of an erudite Judge. Therefore, Judges should be ruthlessly honest, independent, and impartial and possess a judicial conscience to ensure that the ball of clay is moulded according to law”, the AG declared, adding: “It is said that public institutions should command public confidence – so is the Judiciary of a country.”
The ceremonial sitting was held to welcome, His Lordship Justice Arjuna Obeysekere as the President of the Court of Appeal, Her Ladyship Justice Menaka Wijesundera, their Lordships Justice Nihal Samarakoon, Justice Prasantha de Silva, Justice Mohamed Laffar, Justice Pradeep Kirtisinghe, Justice Sampath Abayakoon and Justice Sampath Wijeratne as Judges of the Court of Appeal.
The AG said: “The backlog of cases in this Court is alarming. It has to be addressed urgently and quickly, methodically and efficiently and to deliver speedy justice and prevent Laws delays without compromising the quality of justice thereby, winning the confidence of the people.
This issue has to be addressed by Lordship’s Court holistically. The Bench and the Bar have to get together to solve this problem. The increase in the number of Judges to the Superior Courts by the 20th Amendment to the Constitution and thereby the appointment of Your Lordships and Ladyship is no doubt seen as a very positive step in this regard.
For over 2000 years of the Island’s long history, the Courts of Law have occupied a unique place in the system of government. Public acceptance of the judiciary and public confidence in the judiciary is necessary for the rule of law to prevail in the country. Public confidence in the judiciary is dependent on the independence and integrity of the judiciary.
Public confidence in the judiciary cannot be built unless Judges display a high level of integrity, impartiality and independence in their judgments, pronouncements and orders and through their conduct.
The Honourable Diego Garcia-Sayán who acts as the United Nations Special Rapporteur on the Independence of Judges and Lawyers who was a judge of the Inter-American Court of Human Rights and was elected Vice-President of the Court from 2008 to 2009 and President of the Court for two consecutive terms and who previously served as Peru’s Minister of Justice and Minister of Foreign Affairs, recently shared his views on judicial corruption and judicial independence with UNODC as part of the Organization’s on-going work on promoting judicial integrity.
He opined “that by seeking impunity, corruption has a devastating effect on the judicial system as a whole. One of the goals of human rights is to fight corruption and its implications on the administration of justice, as is to act against corruption through an independent and strong administration of justice”. For this, the United Nations Convention against Corruption is a fundamental instrument for the protection of human rights.
“Corruption has many faces, bribery being only one of them, another being political corruption, much more unattainable and imprecise. Its broad range of action enables it not only to influence the Judicial system but all sectors of State Administration as well”.
Corruption undermines the core of the administration of justice, generating a substantial obstacle to the right to an impartial trial, and severely undermining the population’s trust in the judiciary.
Article 11 of the United Nations Convention against Corruption – a fundamental international treaty – emphasizes the decisive role of the judicial branch in the fight against corruption, and establishes that in order to carry out this role effectively, the judicial branch itself must be free of corruption, and that its members must act with integrity. Substantive guidelines on matters of internal organization, which are fundamental to prevent and confront corruption, have been included in the Convention.
In 2016, the United Nations Office on Drugs and Crime launched a global programme to promote a culture of lawfulness. It includes the creation of a Global Judicial Integrity Network to share best practices and lessons learned on the fundamental challenges and new questions relating to judicial integrity and the prevention of corruption.
The sovereignty is in the people and is alienable and that sovereignty of the people is exercised by the judiciary in the public trust. The independence and the integrity of the judiciary ought to be preserved for justice and the rule of law to prevail in a society. A judiciary should not only be independent but appear to be independent in order to gain the confidence of the people.
An independent judiciary is the corner of stone of the prevalence of the rule of law in a democratic society.
Judicial independence requires not just independence in the constitutional sense, that is, the separation of powers between the three branches of government (executive, legislature and judiciary), but also the personal independence of judges so that they are free to decide cases based on the application of the rule of law. The essence of rule of law has been said to be that the Administration is bound by the law and that in it cannot interfere with the rights of the individual except in accordance with the law.
The International Congress of Jurists meeting in New Delhi in January 1959 concluded “that an independent judiciary is an indispensable requisite for a free society and for the Rule of Law to prevail in a society.
The independence and impartially of the judiciary is essential for a democratic system of government to function under the Rule of Law.
The maintenance of the independence of Judges and of the quality of the administration of justice would largely depend on the Judges themselves and the state of public opinion of the country, which demands their independence and impartially.
Within the limits of their power and jurisdiction the courts are required to perform a dynamic role, as the fearless upholders of the principle of equal justice under the rule of law.
The Courts must necessarily occupy a high position of power, privilege and independence in the life of a nation.
The Judges in the exercise of judicial functions should be immune from outside control and influence and intimidation.
That independence is also necessary from the other branches of government and from private and partisan interest. Judges cannot use the judicial platform to satisfy 3rd party and personal interest and have agendas and should at all times avoid possible conflicts of interest.
United States Supreme Court nominee Samuel Alito said on his elevation in 2006;
“Good Judges don’t have agendas. They don’t look for partisan outcomes and always do what the law requires and demands. A Judge cannot have any agendas and a Judge cannot have a preferred outcome in a particular case”.
Judges should be above suspicion and should not leave even a glimpse for that suspicion to occur.
The people will be judging you while you judge them. Therefore, that accountability and transparency ought to be seen and perceived from the judgments, pronouncements and orders that are delivered by the Courts.
News
Where is Gnanasara Thera?Police pass buck to court
by Norman Palihawadane
Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Aththe Gnanasara Thera’s whereabouts have remained unknown since the Supreme Court, on Monday, annulled a presidential pardon granted to him in 2019.
Prison officers visited the Thera’s temple in Nawala, Rajagiriya, to take steps to return him to prison to serve the unexpired portion of his six-year sentence. However, monks at the temple had reportedly informed the officials that they were unaware of his whereabouts.
Police spokesman ASP F.U. Wootler said a separate court order was required for the police to trace the Thera, or assist in taking him into prison custody. No such order had been issued so far, he claimed.
Meanwhile, sources close to Gnanasara Thera said he was expected to attend a book launch in Colombo tomorrow (17),
The development follows the Supreme Court declaring the 2019 presidential pardon granted to Gnanasara Thera, by then President Maithripala Sirisena, null and void.
A three-member Supreme Court bench held that the pardon had been granted arbitrarily and violated public trust and principles of natural justice.
Gnanasara Thera had been serving a six-year prison sentence for contempt of court when the then President Sirisena granted him the pardon, in May, 2019. He had served only about nine months of the sentence at the time.
With the pardon annulled, the original sentence remains in force and the Thera is now required to serve the balance of his six-year term.
The Supreme Court ruling has raised questions over the procedure to be followed to return him to prison, with police and prison authorities yet to take custody of him.
News
Russian citizens in Lanka to vote in State Duma elections
Russian citizens residing or temporarily visiting Sri Lanka will have the opportunity to cast their ballots in the elections to the State Duma of the Federal Assembly of the Russian Federation on September 20.
The Embassy of the Russian Federation in Sri Lanka said polling would be held at polling station No. 8338 at the Russian Embassy, 404, Bauddhaloka Mawatha, Colombo 07.
The polling station will be open from 8 a.m. to 8 p.m. on September 20, according to the Embassy.
Russian citizens aged 18 and above, including those permanently residing in Sri Lanka and those temporarily visiting the country, are eligible to vote, the Embassy said.
Voters are required to visit the polling station during its operating hours and produce documents certifying their Russian citizenship.
The Embassy said prior registration was not required to participate in the voting.
The election will be held to elect deputies to the ninth convocation of the State Duma, the lower house of Russia’s Federal Assembly.
News
Euro 110,000 research drive to tackle plastic waste in food sector
Plastic waste is a growing challenge for Sri Lanka’s food sector, yet important gaps remain in understanding where and how single-use plastics are used, how they move through food value chains, and where interventions could have the greatest impact.
Through the European Union-funded CIRCULAR project, new research will help address these gaps by generating evidence to inform policy, business practices and more sustainable choices. Three research grants, totalling €Euro 110,000, will support university-led studies by research teams from the Faculty of Agriculture at the University of Ruhuna, and the Faculty of Medicine and Faculty of Computing at the University of Kelaniya.
Together, the studies will examine the use, flow and impacts of single-use plastics (SUPs) across selected food and beverage value chains in the Colombo and Galle Districts. The research will also seek to identify practical opportunities to reduce plastic use, promote more sustainable alternatives and strengthen circular economy practices.
At present, available data on plastic waste in Sri Lanka, particularly single-use plastics, do not provide sufficient detail on the sectors, sources and types of plastics involved. This limits the ability of policymakers, businesses and other stakeholders to pinpoint where plastic use can be reduced most effectively and to assess which interventions could deliver the greatest impact. The new research will help provide a more detailed understanding of these patterns, supporting more targeted and evidence-based action.
The three research teams will use a combination of data collection, waste-flow mapping, environmental and public health assessments, and life-cycle approaches to examine these challenges from different perspectives. The findings are expected to help identify opportunities to reduce plastic use, improve resource efficiency and promote more sustainable packaging and waste management practices.
The research grants are part of the CIRCULAR project’s broader efforts to support Sri Lanka’s transition towards more sustainable production and consumption in the food sector. Alongside research and evidence generation, the project works to raise awareness, encourage behaviour change and support approaches that move away from the traditional “take, make and dispose” model towards a more circular economy.
Circular Economy in the Food Sector (CIRCULAR) project is a three-year initiative focused on reducing food loss and food waste (FLW) and Single-use plastic (SUP) waste in the Food Sector in Sri Lanka. Funded by the European Union, and partially co-funded by the German Federal Ministry for Economic Cooperation and Development (BMZ), the project is jointly implemented by Expertise France (EF), the Food and Agriculture Organisation (FAO) and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH.
By strengthening the evidence base on single-use plastics, the research is expected to provide a stronger foundation for practical action, helping decision-makers, businesses and other stakeholders better understand where change is needed and how more sustainable solutions can be put into practice.
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