-By A Special Correspondent
(Lanka-e-News -24.Jan.2025, 10.30 PM) The judiciary, as a cornerstone of democracy, is tasked with upholding justice and ensuring fairness in society. For decades, the Sri Lankan judiciary enjoyed a sterling reputation, with its judges invited to serve in international capacities due to their exemplary knowledge and conduct. However, recent surveys conducted by diplomatic missions reveal a significant erosion of public trust in the system. The findings indicate that public confidence in the Sri Lankan judiciary is alarmingly low, largely due to the misconduct of a small minority of judges and magistrates. Reports of short-tempered, abusive behavior and the misuse of judicial authority have cast a shadow over the judiciary, tarnishing its credibility.
This crisis of trust is deeply concerning. It undermines the rule of law, weakens the judicial institution, and impacts the nation’s democratic framework. It is, therefore, imperative to address these issues urgently and effectively. One of the most viable solutions to restore public confidence is the adoption and implementation of the Bangalore Principles of Judicial Conduct.
The Bangalore Principles of Judicial Conduct were developed in 2002 to serve as a universal standard for judicial ethics. Endorsed by the United Nations Human Rights Commission in 2003, these principles provide a robust framework for promoting integrity, impartiality, and accountability within the judiciary. The principles are founded on six core values:
1. Independence: Judges must remain free from external influences, whether political, financial, or social, to make impartial decisions.
2. Impartiality: Every individual appearing before a judge must be treated fairly and equally, without favoritism or bias.
3. Integrity: Judges should maintain high moral standards, ensuring their actions and decisions are beyond reproach.
4. Propriety: Judicial officers must conduct themselves in a manner that reinforces respect for the judiciary and public confidence in its integrity.
5. Equality: The judiciary must uphold the principle that all individuals are equal before the law, ensuring fairness irrespective of race, religion, gender, or social standing.
6. Competence and Diligence: Judges should demonstrate the highest levels of competence, work ethic, and dedication to their duties.
By adhering to these principles, the Sri Lankan judiciary can rebuild its reputation and restore public trust.
While the majority of Sri Lanka's judicial officers and court employees are law-abiding and committed to justice, the actions of a few have significantly eroded public confidence. Among the key issues identified are:
1. Abusive Behavior: Reports of judges and magistrates exhibiting short tempers, shouting, and behaving abusively in courtrooms are common. Such conduct is not only unprofessional but also intimidates litigants, lawyers, and witnesses, creating an environment of fear rather than fairness.
2. Political Interference: The judiciary’s independence has been compromised by political appointments and undue influence from political parties. This has led to perceptions of partiality and favoritism in judicial decisions.
3. Lack of Transparency: The absence of mechanisms to ensure accountability, such as the recording of courtroom proceedings and public access to transcripts, has fueled suspicions of corruption and misconduct.
4. Inadequate Oversight: While training programs for judges are ongoing, there is a lack of effective regulation and monitoring of judicial conduct. Without oversight, misconduct often goes unchecked, perpetuating the problem.
The adoption of the Bangalore Principles can serve as a transformative step for the Sri Lankan judiciary. Here’s how:
1. Strengthening Independence
Judges must be shielded from political influence and allowed to operate independently. This requires eliminating political appointments and establishing a transparent, merit-based system for judicial selection and promotion. An independent judiciary is essential for fostering public trust.
2. Ensuring Accountability and Transparency
The introduction of CCTV cameras in courtrooms is a critical step toward promoting accountability. Video recordings of proceedings will ensure that all parties, including judges, adhere to proper decorum. Additionally, making transcripts of hearings available to the public will enhance transparency and allow citizens to verify the fairness of judicial processes.
3. Promoting Professionalism and Decorum
Judges must uphold the highest standards of propriety, conducting themselves with dignity and respect. Abusive behavior has no place in a courtroom. Regular ethical training programs and workshops can reinforce the importance of professionalism and courteous conduct.
4. Fostering Equality
The judiciary must treat all litigants equally, irrespective of their background. Public confidence in the judiciary is strengthened when people believe that justice is accessible and impartial.
5. Improving Competence and Diligence
Continuous professional development for judges and judicial officers is vital. Training programs should not only focus on legal knowledge but also emphasize the importance of ethical conduct, emotional intelligence, and cultural sensitivity.
Several countries have successfully implemented the Bangalore Principles, leading to improved public trust in their judicial systems. For instance:
Canada: Judges undergo rigorous training on ethical conduct, and their decisions are subject to review. Public access to courtroom recordings ensures transparency.
Singapore: The judiciary is known for its independence and impartiality. Strict codes of conduct are enforced, and misconduct is swiftly addressed.
India: The adoption of the Bangalore Principles has led to the establishment of judicial oversight bodies to investigate complaints against judges.
Sri Lanka can draw inspiration from these examples to design and implement its own system of judicial ethics and accountability.
Modern technology can play a pivotal role in transforming the Sri Lankan judiciary. The introduction of digital systems, such as online case management platforms, can reduce delays and improve efficiency. CCTV monitoring and audio-visual recording of court proceedings can ensure that judicial conduct meets the highest standards.
Additionally, creating an accessible complaints mechanism for litigants and lawyers to report judicial misconduct can deter unethical behavior. Complaints should be investigated impartially, and disciplinary action should be taken where necessary.
Rebuilding trust in the judiciary is not solely the responsibility of judges. It requires the collective effort of all stakeholders, including:
The Government: Political leaders must refrain from interfering in judicial matters and support reforms aimed at strengthening judicial independence.
Judicial Officers: Judges and magistrates must commit to ethical conduct and embrace the principles of transparency and accountability.
The Public: Citizens must be vigilant and actively participate in advocating for judicial reforms.
Civil Society and Media: These groups play a crucial role in raising awareness about judicial misconduct and advocating for accountability.
The Sri Lankan judiciary has a proud history of excellence. However, the erosion of public trust in recent years poses a significant threat to its integrity and effectiveness. By implementing the Bangalore Principles of Judicial Conduct, the judiciary can restore its credibility, ensure justice is delivered impartially, and reaffirm its role as a guardian of democracy.
The time for action is now. Reforms such as the introduction of CCTV cameras, public access to transcripts, and the establishment of robust oversight mechanisms will ensure that the judiciary operates transparently and efficiently. More importantly, they will send a clear message: that justice in Sri Lanka is not only done but is also seen to be done.
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by (2025-01-24 17:06:37)
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