27 October, 2020

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Final Report: Removal Of CJ Bandaranayake Was Unlawful – International Bar Association

By Colombo Telegraph

Following the release of the Executive Summary of the International Bar Association report A Crisis of Legitimacy: The Impeachment of Chief Justice Bandaranayake and the Erosion of the Rule of Law in Sri Lanka, the full report has been published today.

Chief Justice

The removal from office in Sri Lanka of Chief Justice Bandaranayake was unlawful, is undermining public confidence in the rule of law, and threatening to eviscerate the country’s judiciary as an independent guarantor of constitutional rights states the Executive Summary of an International Bar Association’s Human Rights Institute (IBAHRI) report released two weeks ago.

Sternford Moyo, IBAHRI Co-Chair commented, ‘We call upon the Government of Sri Lanka to take immediate steps to reverse the impeachment and replacement of Chief Justice Bandaranayake and to work to rebuild the independence of the judiciary and the legal profession in the country, as a matter of absolute urgency.’

Read the full report here

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Latest comments

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    Hope she will be reinstated.

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      LAWFUL Chief Justice vs UNLAWFUL Thief Justice (Moron Peiris) !!!

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      Bravo! The End of CHOGM is in sight!
      The Commonwealth of Clowns can find another country to host its circus and pay for various third world dictators like Mahinda Rajapakse talk rot!

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    “Removal Of CJ Bandaranayake Was Unlawful – International Bar Association”
    Who cares their opinion ? SL parliament is the supreme body in this land & did it lawfully.

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    Does anybody think that the Rajapaksas are going to accept this? It has rejected the UN recommendations and the UNHRC recommendations. The country is a rogue state under the present regime.

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    It is disconcerting to note that an international body that seeks fair treatment of the CJ does not see the iniquity of ignoring in its report persecution of Tamil journalists and the repeated attacks on the Tamil press UTHAYAN. A series of acts designed to silence a particular community and to suppress it. Is the IBA any the less partial than the regime? Or is Tamil blood not legal tender in IBA currency?

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    The International Bar Association and many others have carried out impartial investigation and given their verdict. The question is if the Sri Lankan Govt will heed. If it does not heed what is the course of action to be taken by the International Community, UN and Commonwealth?

    It seems we are under a lawless regimen of justice in addition to the impunity and autocracy of the executive. But no one seems to be much bothered. Perhaps our people do not mind being ruled according to the whims and fancies of the regime. We seem to be immune to suffering and depriviation of others and ultimately ourselves. A people without any will to improve or prosper.

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    We all knew that the impeachment of the CJ was unlawful. This report is nothing new than what we already knew. But the most important question is how the Rajapakse Government sees the impeachment process. If this is illegal, then what actions would the International Bar Association recommend to be taken against those who voted, the one who signed off and the Cheap Justice who was appointed in place of the Chief Justice? If no action can be taken by various countries then there is no value for the existence of the Inernational Bar Association which may be considered as a “Puss Vedilla”.

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    not only chief justice but also her husband crook too
    should be reinstated

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    I carefully read parliament impeachment hansards two volumes and rest of the news reports during this period published in the various part of the world.My final conclusion is both parties wrong in this context.Cj’s has violated all the norms of ethics parliament select committee violated rules of natural justice.International Bar Association and LTTE diaspora machinery acting very clear at this point.Every possible evidance they used to attack on SL government to achieve their targets.Most of this members of Bar Association Counsel’s are depending on Immigration client’s (Asylum cases)and some of them are political connection they they have to support this matters.As a results of less asylum cases from Sri Lanka this Counsel’s are today in a big crisis.This the true side of the story.Politicians are hunting for votes.Counsel’s and Solicitor’s are waiting for New cases. Asylum seekers are still thousands are awaiting for obtain their status.Agents are creating some or other some sort of violence in Sri Lanka.

    Kumar

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    The Independence Of The Judiciary
    &
    The Rule Of Law
    __________________________________

    The Independence of The Judiciary and The Rule Of Law are two meaningful expressions that are given pride of place in civil administration and good governance. They are two elements of vital importance to the bar in particular and to the country in general, especially at a time when the country is going through a turbulent term
    in history.
    The society we Sri Lankans live in, is committed to freedom and the rule of law. When an unlawful incident occurs, peace-loving citizens promptly respond against the injustice that has occurred. They voice their protest either through demonstrations, or by picketing or by blocking the main highway purely to draw the attention of the authorities concerned. This is a common sight that can be seen nowadays.
    The administration of justice depends upon the public recognizing the judgement given by the judge or by any authority in power. Good judgement made by judges help the public to build up confidence in the
    judicial system. Any wrong judgement will have an impact on the role and responsibility of judges. Therefore, it is the foremost duty of judges to endeavour to maintain public confidence when it comes to matters of administration of justice.
    The judges must be free of pressure or interference for the proper performance of judicial function. A wrong judgment on the part of a judge or Chief Justice can cause more damage to the morale of the
    judiciary. A judge’s actions and reactions go a long way to build up public confidence. Lapses on the part of judges are closely watched by the educated public.
    Therefore, it is the solemn and foremost duty of judges to deliver
    judgement. They should act with firm resolve and ought to stand up against political pressure or commands that come at the expense of their civil liberties and sometimes at the risk of their own lives.
    Gross interference with the judiciary should be avoided at all costs. CJ Shirani Bandaranayake’s impeachment is a good example of
    gross interference. We see it for ourselves, the very foundation of The Rule Of Law has become shaky and unsteady with the CJ’s impeachment. O tempora! O mores!
    In the CJ’s impeachment, The Executive did exceed its limits. It
    has ignored The Supreme Court’s judgment. The Executive has extended
    its armed fists and tread with political boots. With The Executive’s interference, the independence of the judiciary has come into question.
    The Executive trespassing into judicial territory is a clear signal of trying to impose its authority on the judiciary. The judiciary was not
    permitted to carry out its legal duties. This course of action by The
    Executive has drawn world-wide attention.
    With so many skeletons in the Sri Lankan cupboard, how on earth can SL fight its way successfully on human rights issues? The Sri Lankan cupboard is stinking with its dismal records. The violence unleashed by the BBS is a good example of HR violations.
    The minorities in SL have no freedom to practise their religion.
    The Police standing still and watching the violence unleashed by the BBS, speaks volumes of the Rule Of Law practised in SL.
    This regime has not done anything concrete to quell the violence
    unleashed by the BBS. It has only aided and abetted the perpetrators.
    There is no doubt that it has stepped into an abyss sans proper governance. Civil administration is in an unspeakable mess. It has heaped burdens over burdens on the poor masses. Enough is enough. The
    time has come for a regime change. Start now for this change to become a reality. MIMA

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