(Lanka-e-News -17.Sep.2015, 11.30PM) To the present government of good governance that says a domestic inquiry acceptable internationally can be conducted in the country by our courts which brazenly declare there are no charges against criminals like K.P. and Gotabaya ; allow judges like Sarath Abrew the notorious rapist to continue to mount the bench and hear cases without hindrance and with impunity; and the extremist Tamil Diaspora which insists on an international inquiry , no more no less , the United Nations Human Rights (UNHR) commissioner , Prince AlHussein Zeid gave a well formulated answer at a special media conference convened in Geneva yesterday .
UNHRC commissioner said , a special local and international mixed court alias ‘Hybrid court’ be established to inquire into the alleged violations of human rights and war crimes in Sri Lanka .
The commissioner also explained that this court would comprise local and international judges , lawyers , appellants and researchers .
This proposal of the UNHRC commissioner is extremely significant and important specially as regards a country like SL where a criminal officer of the forces who ruthlessly fired into a crowd of unarmed civilians in Rathupaswala when they legitimately demanded drinking water , and killed two innocent youths is made country’s ambassador . On top of that , when this murderer ambassador returns to the country , he is allowed to escape through the rear side of the airport instead of being taken into custody .
It is most salutary if foreign judges join in to hear cases in SL , for , at least what is non existent now – justice, can be expected thereby ! Similarly , if international lawyers work conjointly with the Attorney general’s (AG) department , that too will be most welcome , because at least in this country where exist courts that say without any qualms ,there are no charges against K.P., delivery of that kind of verdicts can be halted.
The UNHRC commissioner also made a most valuable and important statement : ‘with a view to winning the trust of the people , the local criminal courts should be re structured and strengthened.’
This implementation may take many years but it should be ensured that is brought on par with the hybrid court, though that will not be a substitute to the hybrid court .Truly , such a court will serve and contribute towards steering the country along the new road to justice , simultaneously reviving the people’s trust and confidence . This is of course an absolute unassailable truth .
The courts structure cannot be strengthened in SL by changing the chief justice, while it is also an indisputable fact that supreme court (SC) judges like Abrew the rapist were all appointed by the Rajapakses, and they are their henchmen. Priyantha Jayawardena is Basil Rajapakse’s lawyer who is now a SC judge.The country has to wait for about 25 long years until such a judge goes on pension.
Say , If the courts are to be cleansed of these despicable henchmen , an impeachment motion has to be brought in parliament. Thereafter ,who are going to take over in the SC? Are they to be replaced by the appeal court judges ? There too are the Rajapakses appointed stooges and henchmen. In other words , this is an evil cycle.on the other hand if the judges to the SC and appeal courts are to be appointed through the independent commission ,that will be a time consuming process. In the circumstances , the hybrid court proposal made by Zeid is absolutely necessary and useful.
The international judges for this court can be selected from the commonwealth countries of which SL is a representative.
If these appointments are made not only to investigate war crimes , but also for some time to the SC and appeal courts, it will be excellent since judges of the commonwealth will be arriving in SL to hear cases along with local judges.By that the fun and frolic indulged in by rapist judges like Abrew and those of his ilk who make justice a mockery and travesty can be averted and eliminated.
The detailed media communique issued by the office of the UNHRC commissioner Prince Zeid pertaining to the historic proposal , and the special media briefing http://www.lankaenews.com/news/778/en
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by (2015-09-17 20:53:58)
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