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BASL chief calls for justice in judicial appointments
View(s):Bar Association of Sri Lanka (BASL) President Upul Jayasuriya this week called for career judicial officers be assured of their promotions to the appellate courts, warning that any serious departure would be detrimental to the Rule of Law and the Administration of Justice.
Speaking at the ceremonial sitting to welcome the latest member of the Supreme Court, Justice Buveneka Aluvihare, Additional Solicitor General in the Attorney General’s Department, Mr. Jayasuriya said there should be transparency in appointments and promotions of appellate judges and the powers of appointment ought not to be vested solely in the appointing authority.
“Judges must be given security of tenure, there must be independent procedures put in place for their appointment and removal. It is time to consider the urgent need for amendments to the Constitution” he said, adding “judges must be financially secure and the obnoxious practice of conferring privileged positions after retirement at the discretion of the Executive should cease”.
The BASL President said that public cynicism is widespread because the principles of equality have been abandoned involving influential persons. He referred to the state of lawlessness and said that it was the duty of the judiciary – and the legal fraternity as well as all citizens, had a responsibility to ensure that the Rule of Law was sustained.
Mr. Jayasuriya said an independent, impartial, honest and competent judiciary is integral to upholding the Rule of Law, engendering public confidence and dispensing justice. To secure these aims, he said the Latimer House principles, adopted in Edinburgh 2005 by the Commonwealth should be upheld in Sri Lanka now holding the Chair in office of the organisation.
These principles, he said, state that:
(a) Judicial appointments should be made on the basis of clearly defined criteria and by a publicly declared process. The process should ensure equality of opportunity for all who are eligible for judicial office; appointment on merit; and that appropriate consideration is given to the need for the progressive attainment of gender equity and the removal of other historic factors of discrimination;
(b) Arrangements for appropriate security of tenure and protection of levels of remuneration must be in place;
(c) Adequate resources should be provided for the judicial system to operate effectively without any undue constraints which may hamper the independence sought;
(d) Interaction, if any, between the executive and the judiciary should not compromise judicial independence.
Judges should be subject to suspension or removal only for reasons of incapacity or misbehavior that clearly renders them unfit to discharge their duties.
Mr. Jayasuriya paid tribute to Supreme Court Justice Nimal Gamini Amaratunga who retired recently. “He bequeathed an important legacy of judicial independence to his successors in office which we hope will inspire others”, he said. He also acknowledged the services of Justice Sri Skandarajah, the President of the Court of Appeal who was unwell.
| FACT FILE
Justice Buvenaka Aluvihare was educated at St. Sylvester’s College, Kandy. He obtained his LL.M from the University of London and was a Prosecutor at the UN Transitional Administration in East Timor dealing with War Crimes, Crimes Against Humanity and other grave crimes committed by the Indonesian Armed Forces and was Additional Solicitor General. |