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Continuing concern expressed over JSC resignations
The Human Rights Institute of the International Bar Association (IBA) has called on the authorities in Sri Lanka to explain the sudden resignation of two senior judges from the Judicial Service Commission (JSC).

Both judges, Shirani Bandaranayake and T. B. Weerasooriya, had indicated that they had resigned their positions on the JSC 'in accordance with their conscience'. No public explanation has yet been given for the reason for these resignations.

Explaining the significance of this, IBA Programme Lawyer, Dr Phillip Tahmindjis said: 'This situation has potentially serious consequences for the rule of law in Sri Lanka. The JSC has responsibility for the control of appointments, transfer and discipline of most of the judges and magistrates in Sri Lanka. Giving reasons for these resignations is in the public interest as it relates directly to transparency and the rule of law in Sri Lanka.'

In letters addressed to Sri Lanka's President, Opposition Leader and Chief Justice, the Co-Chairs of the Human Rights Institute, Justice Richard Goldstone of South Africa and Ambassador Emilio Cardenas of Argentina, has sought explanations for the resignations, together with an assurance that no adverse action will be taken against the two judges.

The IBA is the world’s largest lawyers’ organisation with members in 183 counties. It is an independent, non political organisation that works to protect the rule of law and the independence of the judiciary and promotes the right of lawyers to practise freely without interference. Its Human Rights Institute (HRI) was established in 1995 under the honorary Presidency of Nelson Mandela. Meanwhile, serious concern was expressed locally over the JSC resignations by the Civil Rights Movement (CRM) who called upon the two judges to make public, their reasons for resigning. The CRM pointed out that there was a public right to know given the central importance of the administration of justice to society and the “unprecedented circumstances of the event.”

In a separate statement, the Law Faculty Teachers' Union of the University of Colombo also expressed its perturbation over a recent statement issued by the Secretary to the Judicial Service Commission which engages in a very negative personal characterization of the two justices, implying that because of their insignificant value as justices, their resignation is of no consequence.
The statement opined that “One justice is characterized as one who is nearing retirement. The other is described as one who has come to the Bench directly from academia without experience at the Bar and is also in the habit of frequently resigning from official bodies. We do recognize the value of fair criticism of members of the judiciary.

However, in this instance, the statement attempts to deflect public attention from the crisis caused by the resignations through unwarranted personal characterizations of justices. We see no link between those characterizations and the crisis facing the JSC.

The use of such unbecoming methods brings the judiciary to ridicule and also defeats the right of the public to be informed of the real reasons that precipitated the crisis. The law teachers also took serious issue with the statement by the Secretary, JSC that, as a rule, academics do not have a place in the higher judiciary, further expressing concern that the Constitutional Council has not yet been reconstituted, resulting in the JSC being impeded in its own reconstitution.

Meanwhile, in a statement issued this week from Hong Kong, the Asian Human Rights Commission (AHRC) requested all Sri Lankan citizens to question the manner in which World Bank funds (totalling a proposed credit of USD 18.2 million on a project appraisal document) have been used for the intended reform improve the existing legal and judicial framework by making it more efficient, transparent and responsive to the needs of the public at large and of the private sector in particular. The administrative reform subcomponent is identified as assisting the JSC, the primary body overseeing the administration of justice in the country.

The AHRC stated that, beyond the knowledge of some court buildings being constructed, there is no further information to indicate any plans for future legal and judicial reforms.

It also pointed out that the JSC, having a role in this reform project, may be aware of any measures implemented or future plans and stated that the manner in which the World Bank's project will be administered in the lacunae caused by the resignations of the two judges, will be keenly noted by all concerned observers.

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