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‘Corruption has many faces, bribery only one of them – AG

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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.



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Senior Journalist Victor Ivan passes away

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Victor Ivan,  former editor of the Raavaya newspaper has passed away . He was 75 at the time of his demise.

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Landslide early warnings issued to the district of Badulla , Kandy , Kurunegala and Matale

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The National Building Research Organization [NBRO] has issued landslide early warnings to the districts of Badulla, Kandy, Kurunegala and Matale at 0800 hrs today valid until 0800hrs on Monday 20th January 2025.

Accordingly,

Level II [Amber] landslide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Ududumbara in the Kandy district and Rattota, Yatawatta, Ukuwela and Wilgamuwa in the Matale district.

Level I [Yellow] landslide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Badulla, Passara and Hali Ela in the Badulla district, Meda Dumbara, Phatha Dumbara and Doluwa in the Kandy district and Laggala Pallegama, Ambanganga Korale, Pallepola, Naula and Matale in the Matale district

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It is the Government’s intention to provide justice to the grieving people – Prime Minister

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Prime Minister Dr. Harini Amarasuriya said that it is the Government’s intention to provide justice to the people who are deprived of the same due to rewards and sponsorships.

The Premier made this statement at the occasion of handing over the renovated Court of Appeal building to the public on Saturday (18). The renovations was a donation from the  People’s Republic of China.

Further she mentioned that the investment made in a country’s judicial system and in the provision of facilities for the delivery of justice to the people is a reflection of the commitment made towards the country and its people. “This is not just a building, but a symbol of the delivery of justice, fairness of law, equality and dignity. Our country has suffered for decades because many were denied justice under systems of rewards and sponsorships. Our intention is to resolve those deficiencies, bring forth fairness and ensure that everyone has access to justice”, she added.

“The people must be able to keep trust and rely on the judicial system by exemplifying that the legal powers granted to judges by the Constitution are exercised fairly and providing independent and fair judgment to the parties concerned. Everyone, including women, children and the disabled community, expects justice. Their aspiration is that such a system will ensure that no one faces hardships, an attention will be paid to their mental conditions, protection from the consequences they may face when seeking justice for them or defending their rights. All actors in this process must be treated with respect. There are people who have faced hardships for years in the pursuit of justice. We ensure that they are treated fairly. They should not be subjected to intimidation, harassment or threat in the pursuit of justice”, the Premier highlighted.

The Prime Minister  further expressed her gratitude to the People’s Republic of China for their generosity and support.

A group of invitees including the Ambassador of the People’s Republic of China to Sri Lanka, Qi Zhenhong, Chief Justice Murdu Fernando and many others participated in this event.

[Prime Minister’s Media Division]

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