The politics of justice
Two important observations on the Sri Lankan judiciary were published last week. One is in the latest American human rights report, which says the Chief Justice has cut the number of human rights cases the courts examine on the pretext of preventing a backlog — denying redress even to people who have been tortured.
අධිකරණයේ දේශපාලනය
Taking up newly appointed Supreme Court judge C.V. Wigneswaran’s remark that promotions depend on executive favour, Ivan argues that the executive has captured the judiciary. He lists cases in which the Chief Justice sat on politically sensitive petitions and ruled for the government: Karu Jayasuriya’s election-time petitions against Lake House and ITN, the 17th Amendment hearing, appointments cases, a GMOA doctor’s petition, railway strike-breaking, and a Vavuniya torture victim awarded only Rs. 15,000.
An attempt to define electorial malpractice
The UNP has withdrawn its Supreme Court petition against the presidential election. What the deputy leader’s statement shows is how deep the dissatisfaction in the main opposition party has become about the way things happen in that court.
අර්බුදය ගැන ආපසු හැරි බැලිමක්
Answering a reader who asks why Ravaya keeps writing about Sarath N. Silva, Ivan retells how his suspicions began with the Lenin Ratnayake affair: the rape allegation reported in 1997, police findings that Ratnayake had been dismissed from the Insurance Corporation for fraud, and a confidential 1998 report in which Silva as Attorney General shielded him. He describes the Bar’s past presidents’ resolution, the inquiries that found Ratnayake and Upali Abeyratne guilty, his own disbarment petition, and Silva’s appointment as Chief Justice, and calls for his removal.
Exorcise the evil system
Sri Lanka signed the United Nations convention against inhuman and degrading treatment in January 1994 and passed an Act to give effect to it in November of the same year. What has happened since to the people the Act was written for is the subject of the column.
අධිකරණයේ අර්බුදය හා නීතිඥ සංගමය
Responding to the Bar Association’s criticism of the Sunday Leader and Ravaya, Ivan names the lawyers said to have attended a meeting at Temple Trees where President Kumaratunga discussed the UNP’s election petition and asked that a judge she had accused of taking a bribe be removed from the bench hearing it. He recounts the Vinsendra Rajan fundamental rights case, Sarath N. Silva’s land request while serving on the Vijaya Kumaratunga murder commission, and his appointment as Chief Justice, and says the Bar must defend judicial independence.
කමල් අද්දරආරච්චි, රාවය හා කාන්තා ඉරණම
Ivan recounts Ravaya’s campaign after a magistrate who knew actor Kamal Addararachchi discharged him of raping a schoolgirl; the magistrate left for Australia and Kamal was indicted and sentenced by Shiranee Tilakawardane to ten years. The Court of Appeal has now acquitted him while calling his conduct ungentlemanly. Ivan argues that poor young women rarely get justice, citing a girl abused by a former police chief, a child-sex racket at a Beruwala children’s home that led to a defamation case against Ravaya, and Lenin Ratnayake, sent on paid leave.
A wake up call to main opposition
The opposition transacts with this government the way a serf transacts with his feudal lord. The serf’s manner before his master is timid: he could not protest even when his wife or his daughter was taken. Timid talk about four commissions will not revive a decaying democracy.
Will democracy survive at crucial elections?
For democratic politics this parliamentary election will be decisive: whatever democratic freedom is left depends on how it comes out. The Elections Commissioner means to act forcefully and the EU observers are working more systematically than before — and it remains to be seen whether that is enough.
අධිකරණ සේවා කොමිසම කොයිබටද?
The editorial accuses the Judicial Service Commission of leniency towards judges found guilty of serious misconduct, including Upali Abeyratne, who handled the case against Sarath N. Silva, and Lenin Ratnayake, while dismissing some 21 others, many without charge sheets or inquiries and apparently for political reasons. It notes the commission’s composition has been changed and says the judiciary is becoming a branch of the ruling party.