FOR IMMEDIATE RELEASE
AHRC-FST-052-2012
November 21, 2012
A Statement from Commonwealth Lawyers Association forwarded by the Asian Human Rights Commission (AHRC)
Sri Lanka: Statement On The Motion To Impeach The Chief Justice Of Sri Lanka
The Commonwealth Lawyers Association (CLA), the Commonwealth Legal Education Association (CLEA) and the Commonwealth
Magistrates' and Judges' Association (CMJA) are concerned about the recent motion in the Sri Lankan Parliament to
proceed with the impeachment of Chief Justice Shirani Bandaranayake
The existence of an independent and impartial judiciary is one of the cardinal features of any country governed by the
rule of law. By virtue of its membership of the Commonwealth, Sri Lanka is committed to the shared fundamental values
and principles of the Commonwealth, at the core of which is a shared belief in, and adherence to, democratic principles
including an independent and impartial judiciary. Any measure on the part of the Executive or Legislature which is
capable of being seen as eroding the independence and impartiality of the judiciary is a matter of serious concern and
is in danger of eroding public confidence in the legal system as a whole.
The Commonwealth (Latimer House) Principles on the Accountability of and the Relationship between the Three Branches of
Government (2003), which form part of the Commonwealth fundamental values state that disciplinary proceedings which might lead to the
removal of a judicial officer should include appropriate safeguards to ensure fairness’ that is to say, the right to be
fully informed of the charges against them, to be represented at a hearing, to make a full defence and to be judged by
an independent and impartial tribunal.
Furthermore these Principles require that judges should be subject to suspension or removal only for reasons of
incapacity or misbehaviour that clearly renders them unfit to discharge their duties. The Associations urge upon the
Government and Parliament of Sri Lanka to respect the independence of the judiciary and in particular to comply with its
constitutional safeguards and the Commonwealth Latimer House Principles which, as the Commonwealth Secretary General
emphasised in his statement of 15 November 2012, 'govern the relationship between the three branches of government and
are a cornerstone of our Association's values.'
Commonwealth Lawyers Association (CLA)
Commonwealth Legal Education Association (CLEA)
Commonwealth Magistrates’ and Judges’ Association (CMJA)
19 November 2012
NOTE TO EDITORS:
The Commonwealth Lawyers Association is an international non-profit organisation which exists to promote and maintain the rule of law throughout the
Commonwealth by ensuring that an independent and efficient legal profession, with the highest standards of ethics and
integrity, serves the people of the Commonwealth.
The Commonwealth Legal Education Association is an international non-profit organisation which fosters and promotes high standards of legal education in the
Commonwealth. Founded in 1971, it is a Commonwealth-wide body with regional Chapters and Committees in South Asia,
Southern Africa, West Africa, the Caribbean and the UK.
The Commonwealth Magistrates’ and Judges’ Association is a not for profit organisation, registered in the UK, whose aims are to promote judicial independence, advance
education in the law, the administration of justice the treatment of offenders and the prevention of crime in the
Commonwealth. It brings together judicial officers of all ranks from all parts of Commonwealth and provides a forum for
the promotion of the highest judicial standards at all levels. www.cmja.org
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in
Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of
these rights. The Hong Kong-based group was founded in 1984.
Visit our new website with more features at www.humanrights.asia.
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