Sri Lanka slams report by UN envoy on judges, lawyers
Sri Lanka on Tuesday slammed a report by a special United Nations (UN) envoy, saying she has misled the international community on the judicial process currently followed in Sri Lanka.
Justice Minister Wijeyadasa Rajapakshe, delivering a statement in parliament, said the UN must act with responsibility when appointing top officials.
He said the report by the Special Rapporteur on the Independence of Judges and Lawyers Monica Pinto was a harm to Sri Lanka’s sovereignty.
The justice minister said Pinto was misled by non-governmental organizations when compiling her report.
Pinto undertook an official country visit to Sri Lanka, at the invitation of the government, together with the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment from April to May last year.
It was the first visit to the country by a Special Rapporteur on the subject of the independence of judges and lawyers.
Pinto submitted her report to the UN Human Rights Council when it convened for its June session in Geneva.
Rajapakshe questioned as to how Pinto could compile a full report on Sri Lanka based on a short visit to the country.
He also accused Pinto of double standards, saying she did not submit similar reports or statements on some other countries.
The minister said the government has sent its response to the report through the foreign ministry to the UN.
(Xinhua)
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A report prepared by the former UN Special Rapporteur on the independence of judges and lawyers, Mónica Pinto, on her mission to Sri Lanka from April 29 to May 7 last year, tabled by the current Rapporteur, Diego García-Sayán at the 35th session of the UN Human Rights Council, was highly critical of the Sri Lankan justice system. Such scathing assessment vindicates the repeated calls by the Ealam Tamils on the need for the inclusion of international judges in Sri Lanka’s transitional justice processes.
Mr. García-Sayán said although the armed conflict was concluded in 2009, very deep wounds could still be seen in the judicial system. Quoting the report, he said there was a lack of equal representation of minority groups in the prosecution services and police force. ‘Problems related to language are very serious and have a very serious effect on justice and on the likelihood of obtaining a fair process if you belong to the Tamil community,’ he said.
On the Prevention of Terrorism Act, the report points out ‘The Act, adopted in 1979, imposes severe restrictions on courts’ jurisdiction and authority to prevent abusive detention and torture and seriously undermines the fundamental right of defendants to a fair trial. The continuation of a normative framework that contributes to violations of fundamental human rights cannot be justified.’
Referring to Persisting Impunity, the report states: ‘The failure to hold perpetrators accountable for gross human rights violations, serious violations of humanitarian law and international crimes in Sri Lanka has long been documented. Furthermore, while the conflict lasted, there was virtual impunity for any abuse committed by the police or the security forces. Impunity is so widespread that it has become a normal occurrence, thereby contributing to shattering the public’s confidence in its judiciary.’
Outlining the need for Victim and Witness Protection the report stressed: ‘Victim and witness protection will continue to be a determining issue in the context of common crimes, abuses and violations committed by members of the security forces, as well as in the context of transitional justice mechanisms that have been created, such as the Office of Missing Persons, or that will be established, such as a truth-seeking mechanism or specialized court.’
Calling for the creation of meaningful and participatory transitional justice mechanisms, the report concluded ‘Building a justice system that all sectors of society will trust and be able to rely on to defend and enforce their rights will take time. Bold steps need to be taken, as a sign of the authorities’ commitment to address the atrocities of the past and, above all, the structures that allowed such atrocities to happen’.
While it is commendable on the part of the Government of Sri Lanka to have facilitated the country visit by the Special Rapporteur, it is important for Sri Lanka to reflect on the findings of the UN body. Ealam tamils calls upon the International Community and the Government of Sri Lanka to take serious note of this important report and to be fully focussed on the need to establish impartial, credible and effective transitional justice processes with the participation of international judges to address the past comprehensively, with the aim to achieving long-lasting peace, reconciliation and prosperity for all the peoples of Sri Lanka.
Yes we have yet to get over the belief that white is right and in the process we bend over backwards to appease them. Our attitude has not changed much and the UN itself dedicated to further the colonial interests for it is a monopoly of the us, british, french and they dictate as to what happens in the UN. The Americans commit indiscriminate atrocities world wide yet the UN has yet to condemn its actions whereas un and its agencies are perpetually involved human right violations in the `third; world in general to undermine their system particularly when their policies run contrary to US interests!!
The policies that the government is prosecuting follow the colonial trend for the system inspite of or 60 years independence continue to do so. It is not only the tamils that are at the receiving end but it is a problem faced by the whole population regardless of of ethnicity. It is a problem inherent in the political system. When this government was voted into office there were great expectations unfortunately the aspirations of the population is forsken. The government harbors ciminials in the higher echelons of the administration to name a few people like Ravi Karunanayake, Mangala Samarawera and SB Disanyake the president and the primer has a very bad record for aiding and abetting these elements in collusion with the corrupt judiciasry.
Corrupt judiciary in that they are incapable of execercising tehry independence!
The UN reps had no authrity to question teh core of the system but relies on hearsay from people with their own agenda.
Unfortunately it is too late now. Government signed its own death warrant by co-sponsoring the UN resolution. Now there is no turning back. As Mr. Thelupan Somasundarm last para correctly pointed out, Government has to facilitated (facilitating) such visits by UN top officials. When they come, they have to give such statements. UN is show casing Sri Lanka. Justice Minister (& also Buddha Sasana Minister) Wijeyadasa some times speak to the gallery by making bold statements. But no impact at all.