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Law & Justice

Sri Lanka judicial reforms criticised by lawyers

Sri Lanka's government proposed judicial reforms on August 18 that it says would cut a backlog of about 1.1 million court cases, but lawyers and opposition parties criticised the package as a threat to judicial independence.

The two bills put before parliament would increase the number of courthouses, create new appeals courts outside Colombo, raise judges' retirement age by two years and recruit more justices and staff.

President Anura Kumara Dissanayake says the measures are meant to improve the criminal justice system and address staffing shortages in law enforcement and the courts. Official figures show criminal prosecutions typically take about 17 years to finish, while civil cases can last for decades.

The government is proposing a constitutional amendment to expand the Court of Appeal from 20 judges to 25 and establish 10 new High Courts. It also plans to raise the retirement age for supreme court judges from 65 to 67, create provincial appellate courts and hire 10,000 police constables and hundreds of court clerks.

The Bar Association of Sri Lanka opposes the retirement-age change, arguing it is aimed at keeping 64-year-old Chief Justice Preethi Padman Surasena in office after he is due to retire in November. Several opposition parties have accused Surasena of bias in favour of the government's policy goals. The administration denies that claim and says it is not trying to influence the judiciary.

UN Special Rapporteur Margaret Satterthwaite asked Sri Lanka last week for clarification that the package complies with international standards on judicial independence.

The reforms require a two-thirds majority in parliament, which the government currently has. The legislative process is expected to take about two months.

Uncertainty notes

The reforms still need parliamentary approval and the legislative process is expected to take about two months.
The claims of bias and attempted government influence over the judiciary are disputed.

Source

AFP news report published on .

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