25 June, 2021

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2013 Meeting: Many Commonwealth Governments Will Reconsider Participation If The Chief Justice Is Impeached And Removed

By Colombo Telegraph

The participation of Britain and several other countries at the 2013 Commonwealth Heads of Government Meeting to be held in Hambantota hangs in the balance with the Sri Lanka Government moving to impeach the Chief Justice, a move that has led to serious concerns by the international community, including the United Nations. Colombo Telegraph learns that many Commonwealth Governments will reconsider participation if the Chief Justice is impeached and removed.

Gabriela Knaul

The UN Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, said in a news release that “judges may be dismissed only on serious grounds of misconduct or incompetence, after a procedure that complies with due process and fair trial guarantees and that also provides for an independent review of the decision. … The misuse of disciplinary proceedings as a reprisals mechanism against independent judges is unacceptable.” She further stated that in her view, the procedure for the removal of judges of the Supreme Court set out in Article 107 of the Constitution of Sri Lanka allows the Parliament to exercise considerable control over the judiciary and is therefore incompatible with both the principle of separation of power and Article 14 of the International Covenant on Civil and Political Rights. The International Commission of Jurists has also stated that the impeachment process must follow international standards of due process.

The Canadian Prime Minister has already stated that he would attend the Meeting only if the human rights situation in Sri Lanka improved. The UK Parliament Foreign Affairs Committee has stated that the British Prime Minister should publicly state his unwillingness to attend the meeting unless he receives convincing and independently-verified evidence of substantial and sustainable improvements in human and political rights in Sri Lanka.

Observers believe that the impeachment of the Chief Justice would add to the concerns of the international community and that many Commonwealth Governments would reconsider their position. Coincidentally, Commonwealth Secretary-General Kamalesh Sharma today expressed concern about the recent move by the Parliament of Sri Lanka to impeach the country’s Chief Justice, Dr Shirani Bandaranayake.

Speaking in London, the Secretary-General said: “The Commonwealth’s principal consideration is that the provisions of Sri Lanka’s constitution are upheld with regards to the removal of judges, respecting the independence of the judiciary.”

The Secretary-General stressed that the Commonwealth believes the preservation of the rule of law and independence of the judiciary are vital to the healthy functioning of a democracy. He noted: “The Commonwealth’s Latimer House Principles, which govern the relationship between the three branches of government, are a cornerstone of our association’s values. All our member states have committed themselves to upholding the Latimer House Principles so that citizens’ faith and confidence in democratic culture is assured and the rule of law is maintained.”

Related posts;

Decision To Hold The 2013 Commonwealth Meeting In Colombo Was Wrong- UK Foreign Affairs Committee

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Latest comments

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    Mere statements would have little or no impact on an impervious state to natural justice or the rule of law.

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    Que Guapa, Guapísima!” ;):);)
    Better, late than never.
    Anyway, does it really matter in practical way unless pursued vigorously?

    To achieve, you need thought.
    You have to know what you are doing and that’s real power.

    Commonwealth.

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      Hey Chinkie

      There’s no Commonwealth only a Common Thief who raped and pillaged colonies ,geddit, comprendeme ?

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        oi geezer, what did britain pilfer from sri lanka. sri lanka didn’t have anything worth anytime to steal. you didn’t even have tea leaves when they arrived. you speak as though you have been reduced to poverty by the british. man, you are speaking a load of crap. you have to be grateful to them for educating and civilising you. you know very well where you were and what you were doing when they arrived. i don’t think i will be permitted to say that in this column.

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      Tu nunca comprehendo nada merda.Emilio Largo has a SMALL ‘UN…and a smaller ‘un. At any rate, the real Big ‘Un that will settle your hash is called EU.
      ;)

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    Gabriela Knaul looks

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    Gabriela Knaul looks HOT

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    It is obvious that the LTTE committed atrocities. So did the British in the early days of empire in many parts of the world. The mediaeval world everywhere was atrocious and tyrannical. But many societies have successfully extricated themselves from that pre modern state of thought and action. Today, Britain as well as many other countries, most of them in the west, are functioning democracies, with checks and balances to prevent the abuse of power, the independence of key institutions especially the judiciary, and good governance in general. Sri Lanka, with the coming of the “Peoples’s Government” of 1956 culminating in the jingoism, corruption and tyranny of the Rajapaksa rule, has lost its status and dignity as a member of the community of civilized nations, as have some other members of the Commonwealth of Nations whose record compares well with that of Rajapaksa. The Commonwealth Conference authorities made an initial mistake in selecting Colombo as the venue for the upcoming conference in the first place. It is not too late to change the venue. If however that’s not possible, the only choice left for civilized nations is to boycott the conference.To participate in the conference is to reward and give legitimacy to the Rajapaksa tyranny.

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    It is now revealed that the select committee is attempting to amend the charges made by virtue of their majority 7:4. They make the rules and break the rules. They make parliment into a laughing stock before the entire world community. Banana Republic.

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    Indications are that more incriminating evidence will surface in the wake of the releasing of the UN’s internal inquiry report which will further stiffen the attitude of the Western democracies towards this regime. The countries like UK, Canada and Australia may decide to boycott the 2013 Commonwealth summit to be held in Colombo even if the impeachment proceedings are dropped,given the possibility of accountability issues assuming more serious proportions in the light of new revelations. It is a pity China and Iran are not members of the Commonwealth!

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      Does she know why she is impeached and that a committee has been appointed to look into the allegations ?. Or is she jumping the gun as many people do ? It is very likely that countries like Canada , UK . Austrlia will find some excuse whether real or unreal to boycott CHOGAM.

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    Commonwealth should immediately open a fact finding office in Colombo and make sure if Govt. adheres to the promises it gave at the UN.
    Also govt. should allow some of CW members to witness the impeachment trial and procedures. Only if Govt. agrees to these, should commonwealth have it’s CHOGAM 2013 in Colombo.

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    Hon. Gabriela Knaul,

    A plethora of statements have been issued against the regime by now by various international actors, bodies and governments! In fact we are fed up and disappointed by that empty diplomatic language! One wonders whether diplomacy means just a set of nicely worded statements or some report whose recommendations would never get materialized or implementation enforced! These people holding various high salary paid jobs in various international bodies have failed the very principles and values that underlie the setting up of those very institutions. Today there is a huge dearth of practical, action-oriented people in UN, UNHRC, SAARC etc. The net result of all this slackness, lethargy, impotence and stagnation is that the despotic, racist, oppressive and terrorist rogue states continue in their merry way committing all kinds of human rights violations, crimes, genocides and breach of international laws. We as the victims and the oppressed of this despotic Rajapaksha regime request require and urge you in the strongest possible terms that the languishing masses of all nationalities and religions of this country be salvaged and freed from the criminal grip of the uneducated uncultured megalomaniac bastards of this country!

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      You seemed to be a very frustrated man. You can have your point of view, let us have ours. What makes you lot think your is right and must be enforced and ours is wrong and must be ruined. Man, all views are relative to where we stand.
      Leela

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        “…What makes you lot think your is right and must be enforced and ours is wrong and must be ruined. Man, all views are relative to where we stand….”

        Exactly, my views are relative to me, your views are relative to you, Rajapaksha’s view are relative to them and that is why we invite independent international mediators to intervene into the affairs (which in fact are crimes as we see them) in this country according to and in keeping with the various covenants, treaties and agreements entered into and signed by our former farsighted heads of state as a guarantee of safeguarding the civilians, rule of law and democracy of this country against any despotic murderous state like the present one!

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          Almost 60% of voters voted for MR at the Presidential election and it means; vast majority have approved Mahinda Chintanaya.
          And by rejecting UNP, JPV, TNA and etc at very many subsequent elections voters have confirmed their earlier choice.

          When you guys cannot defeat MR at elections, you seek the so-called IC to intervene. But Sri Lankan don’t like that IC and their paid hands, NGOs here for they know IC will only turn Sri Lanka to another Libya.

          Have your view and enjoy, but it’s just a pipe dream.
          Leela

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        Almost 60% of voters voted for SF at the Presidential election and it means; vast majority had approved there must be a change in the government. This synthetic lawyer cum criminal Rajapaksha rigged the election, kept the EC under house arrest and declared the defeated murderer the winner! The whole rigging campaign was planned by GORA, BARA and MARA and executed by STF fuckers!

        And by rejecting the Rajapaksha and Sons, Relatives, Goons, Thugs and Bootlickers Inc. Regime at very many subsequent elections voters have confirmed their earlier choice. But since the rogue regime used to rig each and every election the real will of the people and their opposition and rejection of the rogue Rajapakshas do not get reflected in the election results!

        When the backboneless rogue Rajapakshas cannot defeat SF or UNP at elections, they seek the help of what is called calculated election rigging by the very election officials concerned who are in fact stooges of the regime. But Sri Lankans don’t like the rogue regime and their paid hands, ass lickers like Leela whore for they know these fuckers will only turn Sri Lanka to another Libya.

        Have your whore ass ever ready for MARA and the gang and enjoy yourself when they eject their filth all over and inside you, but it’s just a whore’s existence!
        Nirosh

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    This writer says as UN special rapporteur said in a news release that “judges may be dismissed only on serious grounds of misconduct or incompetence, after a procedure that complies with due process and fair trial guarantees and that also provides for an independent review of the decision. … The misuse of disciplinary proceedings as a reprisals mechanism against independent judges is unacceptable.”

    Ms Knaul, that is not what we read in the constitution of the US, are we?

    Article III of the Constitution of the US says that judges may remain in office “during good behavior”. And Article III says that judges may remain in office “during good behavior”. It also explains how the Congress and Senate may remove a judge for bad behavior via impeachment and conviction for “treason, bribery, or other high crimes and misdemeanors.” And, misdemeanor means action which is slightly bad or breaks a rule but not a crime. So where is “serious grounds” that you talked about in the US constitution? I do not see. And mind you fourteen judges had been impeached in the US to date.

    Everyone follows precedents. So, let’s look at our own precedents: The UNP had impeached ex-CJ, Neville Samarakoon for criticizing the then government at a school price giving. A simple misdemeanor isn’t it. Then RanilW’s government tried to impeach ex-CJ Sarath Silva on similar grounds. Where was the UN rapporteur then, eh?

    This and more such action we see daily by the western clique shows that they aim to help anarchists and separatists to topple our popularly elected government illegally and deny the fruits of peace after 33 years of war.

    Western clique hate MR defeating their pet terrorist Pirapakaran and his LTTE. But, so long as majority of Sri Lankans understand and grasp aims of NGOs, their sympathizers and their pay masters MR will stay on in power and peace will prevail.
    Leela

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      Leela:Quote”Ms Knaul, that is not what we read in the constitution of the US, are we?”
      Leelo what are you thinking Kaddafi style? It will be worse than your dream the longer you prolong discarding constructive critism.
      In her view, the procedure for the removal of judges of the Supreme Court set out in article 107 of the Constitution of Sri Lanka allows the Parliament to exercise considerable control over the judiciary and is therefore incompatible with both the principle of separation of power and article 14 of the International Covenant on Civil and Political Rights.
      Where does the pedigree of the pirates come in eh? She is a Rapporteur pointing out international jurisprudence not your bent back racist overtures and the CJ is not a Tamil either.
      BTW the main threat to the US is not China or Muslims but BRICS. Even your seeya G.L. won’t know enough Latin to play with an experienced Judge like her even if the Chinese give him the best of herbal Viagra. If push comes to a shove RIC will back off that leaves us with BS just like British Standards- everything you have there is nothing but what the colonisers left- infrastructure , judiciary, schools prisons, even 3 pin plugs, 230V, left hand drive, almost everything colony boy. Leelo end game is near though the ones who stole the sheep let meeting pass.

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        Sweet pipe dreams, binju.

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      None of the impeachment cases in the United States were against the chief Justice of the supreme court!! I checked this out before writing this reply. I know the mentality of this sum bag for he comes with a reputation. The majority of the cases deal with corrupt federal judges posted in the various states of the United States. So Ms Knaul is correct in applying a higher standard. Also Leela chooses to ignore the fact there are serious errors in the charges some of which are bogus due to timing. Of the more serious ones it appears that they too were made based on banking records which are a violation of the banking secrecy act. Furthermore, the representations made by Neelakandan and Neelakandan do provide a good explanation of the perceived wrongdoing. It is more than obvious as to what the real motivations for this impeachment are. Two wrongs do not make it right. However, none of the two previous impeachment motions were actually carried out and in the case of Sarath Fonseka the charge sheet is damning, lengthy and meets the test of a higher standard and still the motion was not carried out.

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        Correction Sarath Silva.

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    Leela, we thought you were rotten dead and gone to hell due to the loads of muck you swallow from the posteriors of the Rajapakshas. You lontha fucker whore, this is the farce of the year, a whore bitch defining and explaining US constitution! You fucker, go and read the 19A, Shirani impeachment, Welikada prisoner massacre by the STF directed by Gota commanded by MARA, massacre of 40000 Tamils, disappearance of 6000+ civilians, pillage of museum and ancient treasure troves, hedging EPF NSB CSE robberies etc. etc. and tell us according to which clause of the SL constitution your sugar daddy has committed those crimes!

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      Sam-pathatic
      You must be a very very frustrated man indeed to come out with all that filth on me. What type of a whore you are looking for?

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        Leelo Quote”What type of a whore you are looking for?Unquote

        Dont worry Leelo is a ponson troll like a worm can change at anytime anywhere.

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        Leela is a transvestite. Tranny Leela

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      YOur obnoxious foul language stinks . Be civil and polite when discussing . Absolutely disgusting stuff. Leela does not dabble in this type of dirty language . She does not deserve your comments.

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        Leela, kunudeeni!

        What fucking civility and politeness do you political whores have! You whore pair are like those prostitutes sleeping with every bastard at night but during day time pretend to be virgins! A bitch resembling you recently appeared on TV and used her foul mouth about the impeachment against CJ, her immoral conduct etc.! She used her dustbin mouth to defame the character of CJ! However everybody knows this bitch is sleeping with every hustler! Now she is sleeping with her 3rd hustler! And she is a leading character in the MARA parliament which the two whore bitches are whitewashing! Even the nature revenged her the other day for her foul conduct when she fell down and got her filthy mouth and teeth smashed on the ground! These two Leela and kumuduni political whores are the same in their character! Their job is character assassination and falsehood dissemination as part of their fornication deal with the Rajapakshas! At the end of the month the corrupt king of the fools makes his payment to these two political prostitutes for their fornication! It is such whores who are trying to teach us about decency!

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    This trial is not about the impeachment of the CJ. It is about going 80 Billion rupees under one dictatorial family who will use it to further strengthen their political base. This is a fight to maintain democracy, justice and good governance VS corruption, thuggery, intimidation and fraud. Therefore every country loving Sri Lankan should unite and fight against the corrupt family dictatorship.

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      Samantha,
      You do not understand what is in divi-Naguma bill my dear. You must be just following a bunch of detractors who want this government out by hook or by crook.

      In essence, Divineguma Development Department Bill creates three infrastructure set ups 1)Village level Communities, 2)Community Banks, and 3) Development Department. From what I understand, these are extensions for Samurdhi program to eradicate poverty.

      The first two are not administered by the government and state officials. They are organized like other rural societies such as death donation societies (maranadara samithis) and women’s organizations (mahila samithis). The third one Development Department participate as facilitator. So where is the fraud?

      The objectives of the Bill Minister Basil explained (a) poverty alleviation to ensure social justice (b) promoting economic development activity focusing on individuals, groups and families (c) ensuring the food security of each individual and family (d) unifying and empowering people to accelerate development (e) providing micro-financial assistance for raising the income levels of people and (f) developing physical and social infrastructure required for the same purpose.

      Today, an article in Divaina, CA Chandraprema explains on various points in detail on erroneous interpretation of Divi-Naguma bill by the SC. He thinks it’s politics. http://www.divaina.com/2012/11/19/feature01.html

      Leela

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    IF THE “COMMONWEALTH HEADS OF GOVERNMENT MEETING” IS HELD IN SRI LANKA, THEY WILL BE ENDORSING ALL THE WRONGS OF THIS “PARIAH” GOVERNMENT.

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    I dont trust that fellow Sharma. He orders from the malayalee mafia. Besides he will side with the Govt for the right price.
    Looks as if this lady Knaul is a tiger supporter or a tiger operative

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