ICJ concerned on attacks on judicial independence via parliamentary privilege

Thursday, 31 August 2023 02:42 - - {{hitsCtrl.values.hits}}

Highlights recent remarks made by SLPP MP Sarath Weerasekara against Mullaitivu Magistrate
Claims such speeches constitute a serious and unwarranted encroachment on judicial independence
Says there is a developing trend to use parliamentary privilege to engage in rhetoric against Judiciary

Issuing a statement yesterday the International Commission of Jurists expressed their concerns about attacks on the independence of the Judiciary in Sri Lanka under cover of parliamentary privilege.

The ICJ highlighted the recent inflammatory comments made by Sri Lanka Podujana Peramuna (SLPP) MP Sarath Weerasekara in Parliament targeting Mullaitivu Magistrate T. Saravanaraj over a recent order issued by him on the Kurundi Vihara dispute.

“Sarath Weeresekera delivered his attack against the judge in violation of standing order 83 of the Sri Lankan Parliament, according to which the personal conduct of any person engaged in the administration of justice shall not be raised except upon a substantive motion,” the ICJ said. The ICJ noted that this is the second time that MP Sarath Weeresekera has commented on Saravanaraj and made reference to his ethnicity within Parliament.

“These speeches constitute a serious and unwarranted encroachment on the independence of the Judiciary and an attack against a judge, solely for his exercise of his judicial functions,” ICJ Secretary General Santiago Canton said.

“There is a developing trend to use the cover of parliamentary privilege to engage in rhetoric that interferes with the independence of the Judiciary. This sets a dangerous precedent,” he added.

The ICJ recalled that the independence of the Judiciary is a fundamental principle of the rule of law and therefore any form of undue interference by political actors with judicial independence is extremely serious and should be condemned.