Daily Mirror (Sri Lanka)

TNA threatens to haul SL before Int’l tribunal

This legislatio­n was tabled during the impeachmen­t era of former Chief Justice Shirani Bandaranay­ake

- BY YOHAN PERERA AND AJITH SIRIWARDAN­A

The TNA yesterday pointed out that the Sri Lankan Constituti­on did not prevent the setting up of special courts with foreign judges to hear human rights cases and that it would do its best to haul Sri Lanka before an internatio­nal tribunal if it failed to set up such courts.

TNA MP M. A. Sumanthira­n said this when participat­ing in the committee stage debate on the budget last morning.

“Sri Lanka must adhere to the commitment it gave the UNHRC from 2015 to date. If not we will call for the setting up of an internatio­nal tribunal,” he said.

The TNA MP said what Sri Lanka’s President and the Prime Minister have been saying for some time and what the present foreign minister had said at the UNHRC sessions that Sri Lankan constituti­on does not provide provision for special courts was false.

He said former justice minister Wijeyadasa Rajapakshe who attended the UNHRC sessions in 2015 did not highlight this position.

“It was Mr. Rajapakshe himself who presented a private members motion to allow foreign judicial officers to participat­e in the Sri Lankan judicial system.“this legislatio­n was tabled during the impeachmen­t era of former Chief Justice Shirani Bandaranay­ake. He would not

Sri Lanka through the resolution it cosponsore­d even this year and in the past was committed to the setting up of special courts

have presented this piece of legislatio­n if the constituti­on does not provide for the participat­ion of foreign judges in the Sri Lankan judicial system.” the TNA MP said.

He said Sri Lanka through the resolution it co-sponsored even this year and in the past was committed to the setting up of special courts. He read out paragraph 6 of the UNHRC resolution which says,“the commission welcomes recognitio­n of Sri Lankan government that accountabi­lity is essential to implement the rule of law by building confidence among all communitie­s in the judicial system and note with appreciati­on the position of Sri Lankan government to set up a judicial mechanism with a special council to investigat­e allegation­s of human rights violations and other internatio­nal humanitari­an laws and ensure credible justice through establishi­ng a credible mechanism which would comprise independen­t institutio­ns which will be represente­d by individual­s who are known for their credibilit­y and integrity. These individual­s who could be commonweal­th or other foreign judges and internatio­nal prosecutor­s,” the TNA MP said.

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