Sri Lanka warning
The judiciary in Sri Lanka is seriously at risk of intimidation and harassment by state bodies, according to a report released by the International Bar Association (IBA) ahead of elections in the country this week.The report, compiled by a delegation that visited Sri Lanka led by former Bar Council chairman Lord Brennan QC, found that a number of judges and magistrates on the island have been removed by the Chief Justice Sarath Silva.
He is in the process of being impeached by parliament, and his Judicial Services Commission (JSC) without recourse to any inquiry or hearing.
The delegation also said the government had tried to act unconstitutionally by bypassing the legal process for constitutional change.A large proportion of the country's media was also found to be owned and controlled by the government.Lord Brennan said the situation was 'gravely disturbing', adding: 'It is vital that justice is independent, the press is free, and the constitutional framework commands confidence.
Otherwise the ruling party will disregard one and control the other.'Among its recommendations, the report called for an end to the appointment of judges by the president without a process of independent assessment, and emphasised the need for the JSC to be independent.l The IBA has launched a mission to help the Zimbabwe Law Society improve internal structure and establish policy and procedure, as well as monitor the development of the rule of law in the country.LINKS: www.ibanet.orgVictoria MacCallum
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