23 September, 2020

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Justice System Obstructs Progress Towards Yahapālanaya: AHRC

The President and the Prime Minister should explain as to why they are unable to respond positively to the very legitimate demands of the people for making reforms in the policing, the prosecution and the justice systems, says the Asian Human Rights Commission.

Maithripala Ranil W Piv Via MS's FBSending an open letter to the President and Prime Minister the Asian Human Rights Commission today said;”People have a right to know as to why the Government is unwilling to give any undertaking about the improvement of these vital areas of life in Sri Lanka. The improvement of justice systems is also vital for making any economic progress.”

“It is a primary duty of both the President and the Prime Minister, to explain clearly to the people about their designs to improve the situation by radically altering the existing situation of law enforcement and administration of justice systems. People have a right to expect that the President and the Prime Minister will clearly spell out their programmes, for improving these vital areas of life, liberty in Sri Lanka.” the Asian Human Rights Commission further said.

We publish below the letter in full;

2015 Review: Seriously defective, policing, prosecution and justice systems obstructed progress towards “yahapalanaya” (Good Governance)

Despite a welcome change of government, which started on 8th January 2015, the overall performance of the Government on the issue of its most important promise of ensuring “yahapalanaya” (Good Governance), by the end of the year, people have not witnessed much progress towards good governance. Instead, extremely defective systems of policing, prosecutions, and justice systems have been the stumbling blocks against any progress being made on this most important promise of the Government of President Maithripala Sirisena and Prime Minister Ranil Wickremesighe.

After long years of suffering under the executive presidential system, and the security apparatus developed under the Ministry of Defense of the former government, it was quite natural for people to have expected a better delivery of services through a system of good governance as the President and the Prime Minister as promised. However, what the people are continuing to experience is a virtual breakdown of the rule of law, as the main instruments of implementation of law. The policing system has not shown any demonstrable improvement. Similarly, the prosecution system suffers from the same defects as before, and the justice system suffers from extraordinary delays and failures in almost every aspect of delivery of justice.

Despite constant reminders to the Government, by many of its well-wishers of the need for radical reforms in the policing, prosecutions, and justice systems, the Government has turned a blind eye, to all such well-meaning demands.

The government even failed to declare any intention to reform its policing, prosecution and justice systems. The absence of a declared policy to achieve these reforms, has made the people sceptical about the promise of good governance in the country.

The Budget 2016, of the new Government, did not in any way increase allocations for the improvement of the basic institutions of law enforcement and the administration of justice.

Even, the limited attempts that the government has made in order to prosecute some of the members of the previous government on the basis of corruption and other serious crimes have been seriously undermined by the enormous problems that exist in the law enforcement and justice processes.

It is not an acceptable excuse for the Government to say that it has made attempts to investigate and prosecute some of the members of the former government but, the delays and other problems that exist in the justice system is something that the Government has no control over. The truth is that the Government has failed to take control of the situation and to bring about appropriate measures in order to deal with the obstacles on their way in achieving the promises that they have made as the new Government of Sri Lanka.

At this moment, there is no reason to hope for better performance on this score by this Government in the year to come. The Government has not declared any policies nor programmes, to improving its performance by resolving the problems of law enforcement and administration of justice, in the coming year.

If the coming year is going to be like the previous years, the people may find the conditions under which they live as intolerable.

The President and the Prime Minister should explain as to why they are unable to respond positively to the very legitimate demands of the people for making reforms in the policing, the prosecution and the justice systems. People have a right to know as to why the Government is unwilling to give any undertaking about the improvement of these vital areas of life in Sri Lanka. The improvement of justice systems is also vital for making any economic progress.

It is a primary duty of both the President and the Prime Minister, to explain clearly to the people about their designs to improve the situation by radically altering the existing situation of law enforcement and administration of justice systems. People have a right to expect that the President and the Prime Minister will clearly spell out their programmes, for improving these vital areas of life, liberty in Sri Lanka.

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Latest comments

  • 4
    0

    Itis the people of this country to be aware what is the diffrence between good governance and brutal goverancnece for example performed by previous regime. I think masses in the country have no clue about the difference. If anything would against to them or usual process – they the peoeple start criticising that previous govt did it better. Like for example the issue on INVOICE instead of free uniform materials. Even if the invoice can help accountablity, people had long been familar with them getting those materials directly. However, the huge sums of funds had gone lost -because previous men did nt have proper care about any records holdings. Not focusing on the issue, but various areas, they had not recorded anything. Most known issue is the abuse of car pool under the previous pres. secretariat. There, it is reported that none of the information that Sajin Vaas had held in terms of use of any vehicles or … the records are missing. Former president find it okay… while very same folks would nod their heads as if the poonannku ate cow would do so. Anyways, more information need to be passed to the folks in rural areas rather than anything else is what I see obligatory – if the thinking patterns to be changed towards betterment, paradigm change will help a lot. THere, govt has to work on that rather than waiting and waiting.

  • 6
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    AHRC: You are barking at the “Wrong Tree”. We do not need any “Reforms” in the “Policing”; “Justice” and “Prosecution” systems. All systems relating to matters referred to are in place and well laid out. Then, you could ask: “What is going WRONG in the country”? The answer is simple: All POLITICIANS from the President down to the Provincial Councils must be TOLD and LEGALLY PREVENTED from DIRECTLY or INDIRECTLY “INTERFERING” with any of the Law Enforcement or the PROSECUTION or PUNISHMENT under the Legal System. Recently we saw how and why a Cabinet Minister had to resign and another “Minister” who still HANGS ON without any shame after publicly admitting that he went to the extent of requesting the President to prevent a person been arrested. Also, just imagine an Ex President visits some arrested persons in remand custody and declare publicly they are in prison not as “Accused” but as “Victims of Politics”. In saying that he also defends himself as him being a “Lawyer”. Also, in another case of two “Big Wigs” who are actually charged on criminal charges of frauds, this ex President says, they too are “Political Victims” but not “Accused” of any wrong doing.

    Would you ever think, the above “UTTERANCES” would be condoned and tolerated under even the present set up of the Law Enforcement and the LEGAL System? So just think who should REFORM or if FAILED to REFORM who should be severely dealt with so that the existing SYSTEMS would work by itself very well. So I feel the REFORM must be IMPOSED on these uncivilized “VAGABONDS” called POLITICIANS.

    • 2
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      From the South the same plaintive cry as from the North. Sri Lanka is one and the cry is the same.

  • 0
    4

    Mahinda Chinthanaya is the best answer to the Progress Towards Yahapālanaya.

    This govt’s Yahapālanaya will face natural death if it goes against Mahinda locally or internationally.

    I am working on the refinement of the Mahinda Chinthanaya and a realistic Yahapālanaya programme that goes beyond best accountable process in the world will be rightfully incorporated.

    There is space for topers, robbers, murderers etc. too, and also due place for the BBS and likes.

    • 3
      0

      Wait and see, how Mahinda would go down soon, immediately after the Wasims murder case revealed lot more.
      You guys that support murderers are the real problem not to continue with real Yahapalanaya in this country. Your ilk is really curse. There are thousands of evidence that MR has deliberately gone against own folks. Day before yesterday him to have visited already arrested former soldiers but worked with him closely- should not be accepted byany world leaders. Why is that Mahinda go after anyone that arrested by current rulers ?

  • 0
    2

    AHRC was part of the Diaspora . West , CBK. Batalanada and UNP London alliance which rolled the inhabitant friendly SLFP Govt.

    And put a SLFP Senior hoping that he would oblige to every demand of the UNP, especially after the UNP won the last Election on their own , which wasn’t possible for two decades.

    Now the AHRC is in a hurry to force Batalanada Ranil to enforce the agreements which he signed with the Diaspora, Surendran and the TNA Sambandan to

    * Punish the Armed Forces for killing Pirahaparan

    * Pay the LTTE Cadres compensation.

    * And Deliver Eelaam to Sambandan.

    AHRC has now realized that it is not that as easy as what they saw on the white boards in Singapore.

    Will our Judiciary bend over to the White Judges in Batalanda’s Hybrid Court?.

    Will our Judges if they have any self respect allow the White Judges to hang our brave Soldiers who lilberated the Nation from Thamil Terrorism?.

    Is this an attempt to weaken our High Court System and soften them before the White Judges take court in the Hybrid Tent.

  • 1
    2

    AHRC should practice a bit of ‘good governance’ themselves – people in glass houses…….

  • 0
    0

    Answer is simple. They all are wielding powers that which should not have been given.
    Trim the powers and introduce ‘responsibilities’ the problem will go away.

  • 2
    1

    “The President and the Prime Minister should explain as to why they are unable to respond positively to the very legitimate demands of the people for making reforms in the policing, the prosecution and the justice systems. People have a right to know as to why the Government is unwilling to give any undertaking about the improvement of these vital areas of life in Sri Lanka. The improvement of justice systems is also vital for making any economic progress.”

    Absolutely Spot On!

    These guys are hoping that their silence (like Maithri appointing his brother to SLT and ignoring objections) on these matters will work towards their benefit in letting things go on in the same old way. They are clearly breaking their promises to us voters who helped them win based on their promises. They deserve to be put on the spot and forced to explain their lack of action as outlined by AHRC.

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