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
Prison officers urge Justice Minister to protect their colleague who opened fire
Prison officers yesterday requested Justice and National Integration Minister Harshana Nanayakkara to protect their colleague who opened fire at the Negombo Prison during Monday’s riot.
They made that request when the Minister visited the Welikada Prison to pay his last respects to seven officers killed by inmates during the clashes. Soon thereafter, the National Hospital reported that another prison officer had succumbed to his injuries.
The Minister was told that the officer had opened fire through a small opening in the main door to prevent the rioting prisoners from escaping.
The Opposition has demanded to know who ordered the prisons officer to fire. The concerned officer’s colleagues told the Minister that had a breakout occurred the inmates would have posed a serious threat to the public.
Altogether, authorities transferred 1,033 inmates from Negombo to other prisons. Among them was Katuwellegama Suresh, who is alleged to have spearheaded Sunday’s attack on a group of prisoners that led to the following day’s clashes.
Executive Director of the Committee for Protecting the Rights of Prisons, Attorney-at-Law Senaka Perera told The Island that some of the transferred inmates had been mercilessly assaulted in other prisons.
Sources familiar with the situation at prisons said that they were able to accommodate between 11,000 to 12,000 inmates but over 40,000, both convicted and suspects were held in the country’s prisons. About 30,000 of them are suspects. Due to severe overcrowding, prison management had been compelled to accommodate both the convicts and suspects at the Negombo Remand Prison, sources said, adding that the clashes had erupted between the two groups.
Those who had been convicted were accused by the other group of passing information to the previous prison management resulting in elimination of narcotics and other banned items in the prison, sources said. They went on the offensive after both the administrator and the second-in-command were transferred separately and the authorities ignored the volatile situation and proceeded with routine work on Monday.
Sources said that the authorities were yet to release the exact number of convicts and suspects killed and wounded during clashes between the two groups and with prison staff. According to the Health and Media Ministry the total number of persons admitted to the National Hospital, following the incidents, were 29. Of them, 14 were inmates. The Ministry said that of the 29, 12 were in the intensive care unit.
Prof. Prathiba Mahanamahewa told The Island that the overcrowding of prisons should be carefully examined, taking into consideration that even some innocent people were held in various prisons. Poisons, Opium and Dangerous Drugs (Amendment) Act of No 41 of 2022 was being exploited and misused by law enforcement authorities to frame and arrest people. In terms of this law, those who had been framed couldn’t secure bail from the High Court but had to seek the intervention of the Court of Appeal. The lawyer explained how Section 54 of the Act was being used indiscriminately against people.
According to Mahanamahewa about 80 percent of those suspects held were on narcotic charges.
By Shamindra Ferdinando
News
Negombo Prison riot: Ensuring protection of prisoners fundamental responsibility of the state – UN
Expressing concern over the death of prisoners, both convicts and suspects, as well as correctional officers, the United Nations Resident Coordinator in Sri Lanka, Marc-André Franche has emphasised that ensuring that protection is a fundamental responsibility of the State.
Twenty prisoners and seven correctional officers were killed in clashes on Sunday and Monday. Over 100 received injuries.
Issuing a statement, the United Nations extended its condolences to the families affected by the tragedy and wished a speedy recovery to those injured.
Underscoring prison officials carried out challenging duties in service of the State, and the general public, the UN Resident Coordinator said that their loss was deeply felt. The UN also stressed that inmates who died, or were injured, were under the care and protection of the State, emphasising that both correctional officers and prisoners require greater protection. Ensuring that protection is a fundamental responsibility of the State, he said.
The UN statement highlighted the urgent need for continued investment and reform within Sri Lanka’s prison system.
It pointed to longstanding challenges, including overcrowding, outdated practices and poor conditions in detention facilities, which remain concerns in prison systems both in Sri Lanka and globally.
The UN said Sri Lanka’s engagement with international human rights standards, relating to the treatment, safety and wellbeing of persons deprived of liberty, provides an important framework for addressing these issues.
The United Nations welcomed the establishment of an independent committee to investigate the circumstances surrounding the prison violence and emphasised that the committee’s findings should lead to concrete and lasting improvements in detention conditions.
The UN also reaffirmed its commitment to supporting Sri Lanka through technical cooperation aimed at improving prison security, strengthening detention conditions, and supporting the welfare of correctional personnel.
News
Govt. considers banning or restricting social media for children under 16: PM
The government was considering imposing restrictions or a possible ban on social media access for children under 16, Prime Minister Harini Amarasuriya told Parliament yesterday (8).
Responding to a question raised by SJB Gampaha District MP Harshana Rajakaruna, the Prime Minister said discussions with relevant stakeholders were currently underway to assess the impact of social media use on children and explore measures to ensure their safety.
She said the consultations, led by the Ministry of Women and Child Affairs, were focussed on the social, mental and health effects of excessive social media use, digital security concerns and global developments in regulating online platforms.
The Prime Minister said the National Child Protection Authority and the National Childcare and Protection Society were also engaged in discussions on the proposal, while steps were being taken to draft national guidelines on restricting access to social media platforms for children below 16 years.
She added that awareness programmes would also be introduced to safeguard children’s mental and physical wellbeing in an increasingly digital environment.
According to the Prime Minister, several government institutions, including the Ministries of Women and Child Affairs, Education, Higher Education and Vocational Education, Health, Mass Media and Digital Economy, along with the Sri Lanka Police, Department of Probation and Child Care Services and the National Child Protection Authority, were collaborating on the initiative.
The PM said the government, together with World Vision, was implementing a programme aimed at addressing mobile phone addiction among children under 18, which had already shown positive results.
Prime Minister Amarasuriya said the government’s focus was to strike a balance between protecting children from potential online harms and ensuring they benefit from digital opportunities.
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