check out the following flier and mark your calendar!
Chief Justice Sarath Silva holds much of the blame
In 1999 the president of
Since become chief justice he has
Attacked litigants: In 2003 Chief Justice Silva sentenced rights petitioner Tony Fernando to one year’s rigorous imprisonment for talking loudly in court. He himself heard and dismissed the appeal. The UN expert on judges and lawyers described it as an “act of injustice”.
Harassed judges: In 2003 nine retired judges made a complaint that Chief Justice Silva had unfairly forced them from the courts; the opposition moved to impeach him, but the president stopped it. This was the second attempted impeachment of the chief justice. In 2006 two senior judges sitting on the Judicial Services Commission with him resigned in protest. The International Bar Association also condemned his actions.
Intimidated lawyers: Chief Justice Silva has taken measures to intimidate lawyers who have resisted him, including senior lawyer Elmore Perera, who brought a case against him.
Fixed cases: Chief Justice Silva has controlled the lists of judges sitting on benches. He has excluded senior and independently-minded judges from sensitive cases, causing the most experienced and highly-respected Supreme Court judge to resign from his post.
Protected politicians: Before the current president came to power in 2005 the police were conducting criminal inquiries against him; Chief Justice Silva stayed the inquiries and also made an order against the police investigators.
Rejected international law: In 2007 Chief Justice Silva ruled that by joining the Optional Protocol to the International Covenant on Civil and Political Rights the government had breached the constitution. On this ground, it now refuses to comply with the observations of the UN Human Rights Committee.
In its 2007 report Transparency International highlighted the “integrity of the chief justice” as a key issue concerning judicial corruption in
See also the Asian Legal Resource Centre report,‘Dysfunctional policing & subverted justice in
Prepared by the Asian Human Rights Commission (AHRC) to inform students and staff of the City University of Hong Kong about the background of one of the invited speakers at “Hong Kong Basic Law: The First Ten Years and its Future”, June 22 and 23, 2007, Wei Hing Theatre, Amenities Building: www.ahrchk.netUPDATE: so the chief justice is not coming after all, hmmm. check this out for details.