Justice disempowered?

The disintegration of Sri Lanka’s judicial system and been slow but telling. It is now so apparent that public confidence in law is at an all-time low and people readily acknowledge that justice is only a commodity traded among the rich and powerful. To make matters worse a US-funded grant of Rs. 450 million to upgrade the judicial system has gone a begging due to the inefficiency of the Government and reluctance to make a genuine attempt to stem the rot.

The grant was to be given for the purpose of upgrading the country’s judicial system by infusing it with modern technology to prevent legal delays. The report noted that the US grant has been withdrawn because an agreement could not be reached with Government officials.  

It was meant to develop a number of key projects planned to promote effectiveness of the judicial system, which included judicial and non-judicial training, the promotion of efficiency of the judicial process, and introduce the latest technology on note taking and stenography so that the judicial procedure could be accelerated.

Among the proposed programs to be conducted using the grant were judicial training where judges are trained on writing judgments and introduction of distant learning programs using video conference facilities for judges. Three centres were to be established in Jaffna, Galle and Kandy so that judges in those areas would not need to travel to Colombo.

Another major project that was planned was to upgrade the Government Analyst Department and introduce facilities for DNA analysis and research. A large number of criminal cases and trials are delayed due to the lack of facilities in the GA’s Department. An exchange program where Sri Lankan judges could go to the United States and get experience was another aim of the project.

None of these essential steps will happen now. Justice Ministry officials had also noted that they had not been part of the discussions as the grant was being discussed through the Economic Development Ministry. It is indeed baffling that bureaucratic nonsense and red tape be allowed to bottleneck such an important grant with no attempts being made to promote transparency and efficient public service in the ministerial system.

The report also remarked that the provision of the grant, which had been getting off the blueprint last year, ran into trouble after the controversial impeachment of Chief Justice Shirani Bandaranayake. Sources had hinted that US officials were reluctant to have the grant under the new Chief Justice Mohan Peiris. It is clear that the ripples caused by the impeachment, which was heavily criticised by international parties, will continue to affect Sri Lanka’s position on the global stage.

This was also underscored by repeated statements from the US and other countries that are waiting on Sri Lanka to show marked progress on reconciliation and human rights ahead of the Commonwealth Heads of Government Meeting (CHOGM) and future evaluations at the United Nations Human Rights Council (UNHRC). This would not be possible unless strong inroads are made towards promoting judicial independence, increasing efficiency and dispensing justice consistently.

Whether it is arresting murderers, minimising corruption or reducing child abuse, judicial efficiency is the most important element, especially to protect the rights of the common man. If grants are not approved of, then the Sri Lankan Government must take steps to address the same concerns. Yet with justice polarised towards the powerful, it is unlikely that the needs of the public will ever be given priority.