We standby the decisions of the BASL on the steps taken to demonstrate: 43rd Chief Justice cannot be swept under the carpet –Lawyers Collective

(Lanka-e-News-03.April.2013, 12.30PM) The Lawyers’ Collective congratulates the delegates of the BASL who gathered in Colombo on 30th March for showing its commitment to uphold and further the principled stand the BASL took regarding the attack on the Rule of Law and the Independence of the Judiciary.

The BASL in no uncertain terms has reiterated its stand that the issue of the attack on Rule of Law and the Independence of Judiciary which was demonstrated by the process adopted to impeach the 43rd Chief Justice cannot be swept under the carpet. The agitation by the legal fraternity for restoration of Rule of Law and Independence of Judiciary will continue relentlessly.

It is regrettable that the government even after the impeachment of the Chief Justice has taken measures to further consolidate its attack on Rule of Law and Independence of the Judiciary.

It is for the government to show its commitment for an independent and impartial judiciary which is essential for the protection of human rights, good governance and democracy. It is for the government to demonstrate by bringing necessary constitutional changes for the establishment of proper legal procedures for the removal of judges of Superior Courts in keeping with the principles enshrined in the International Covenant on Civil and Political Rights, UN Basic Principles on the Independence of the Judiciary, the Beijing Statement of Principles of the Independence of the Judiciary and International Bar Association minimum Standards of Judicial Independence. Further as a member of the Commonwealth, Sri Lanka is bound by Commonwealth values as expressed from time to time and specially the Latimer House Principles for procedures for removal of judges of Superior Court and safe guarding the Independence of the Judiciary.

Therefore, it is not open to the government to request the past to be forgotten as fundamental principles of democracy cannot be compromised.

The government, if it intends to open a new chapter it is upto the government atleast to repeal the notorious 18th amendment and re-enact the 17th amendment with necessary changes.

Therefore, we standby the decisions of the BASL on the steps taken to demonstrate the fact that the legal fraternity shall continue to fight for restoration of Rule of Law and independence of Judiciary, and will not submit itself to the numerous threats, pressures and overtures of the government.

LAWYERS COLLECTIVE