A report by the Bar Human Rights Committee

Mon, Mar 4, 2013 at 9:45 AM
A Press Release from the Bar Human Rights Committee of England and Wales (BHRC) 

Forwarded by the Asian Human Rights Commission (AHRC)

SRI LANKA: The report recommends seven PSC members and 117 signatories to the impeachment motion to be refused entry visas to Britain and the Queen and her government to boycott the Commonwealth Summit to be held in Colombo
We reproduce below the press release issued by the Bar Human Rights Committee of England and Wales (BHRC) on a report by Geoffrey Robertson QC on the impeachment of the Chief Justice, Dr. Shirani Bandaranayke.
Press Release by the Bar Human Rights Committee of England and Wales (BHRC)
A report by Geoffrey Robertson QC published this week by the Bar Human Rights Committee of England and Wales (BHRC) concludes that the Chief Justice of Sri Lanka was innocent of the misconduct charges which brought about her removal from office last month, which was in reality a reprisal for her "careful and correct" decision in a case where she had ruled against the government. The report calls for the UK to subject the seven Sri Lankan cabinet ministers who convicted her, and 117 government MPs who signed a "false and fabricated" impeachment motion, to be refused entry visas and to have their bank accounts in Britain frozen. It wants Sri Lanka suspended from the Commonwealth, and urges the Queen not to attend the November Heads of Government meeting (CHOGM), scheduled for Colombo. 

The Report, by eminent human rights lawyer Geoffrey Robertson QC, who was the First President of the UN Court in Sierra Leone and a 'distinguished jurist' member of the UN Internal Justice Council which disciplines UN judges, concludes that Mrs Bandaranayke, Sri Lanka's first woman judge, was forced out because her "careful and conscientious" rulings had displeased the government and the family of President Rajapakse. Mr Robertson's report analyses the charges against her and says that they are not based on evidence and that some of the allegations  – such as the use of her title in bank statements – could not conceivably amount to 'misconduct'. He accuses the government of further subverting the independence of judges by organising its supporters to demonstrate against her with abusive slogans and by paying for firework displays and other celebrations of her dismissal. 

Mr Robertson says that the most basic rights of a defendant were denied by a "Star Chamber" of seven government ministers who put her on a secret trial. They were all biased against her because of a judgement she had given against the government, and they refused to allow entry not only to the public but to distinguished international observers. They gave her no time to prepare a defence and told her there were no witnesses to be called when this was not the position. As soon as she withdrew they called sixteen, whom she was thus prevented from cross-examining. 

Mr Robertson concludes that: 
"Sri Lankan political leaders treated the head of their judiciary as if she were public enemy number one, abusing the democratic process to put her through an unfair trial as punishment for doing her constitutional duty and then celebrating her unjust removal with feasting and fireworks."

He recommended that the 117 MPs who signed the impeachment motion, and the 7 government ministers who convicted her, should all be subject to international measures now available for use against human rights violators, called the "Magnitsky Act". This is the law that President Obama drafted last December (and which caused President Putin in reprisal to ban US adoption of Russian babies!). Mr Robertson says: 

"the Magnitsky Act is a new tool to name, shame and actually punish those human rights violators who fall within the class of "train drivers to Auschwitz" – they do not order an atrocity, but it would not have happened without their help. These 117 tame MPs started the impeachment process by making false accusations against the Chief Justice. Some are likely to want to visit the UK, other have funds in UK banks. All democracies should act to protect judicial independence as a core value, and there should be a stigma attached to those that have destroyed it in Sri Lanka." 

Mr Robertson also said 
"Given the blatant breach of the rule of law, for which the government purports to stand it would make a mockery of the Commonwealth as an organisation if it permits the Rajapaske government to showcase its destruction of judicial independence by presiding over CHOGM."

He said the UK should ensure that the Queen did not attend, her presence in Colombo "would provide a royal seal of approval for the propaganda interests of President Rajapaske".

The complete report by Mr. Robertson may be seen here.
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Mon, Mar 4, 2013 at 7:56 AM
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
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India, Sri Lanka hold Inaugural Defence Dialogue

The Defence Secretary of Sri Lanka, Shri Gotabhaya Rajapaksa called on the Defence Minister, Shri A. K. Antony, in New Delhi on January 31, 2012.    (PIB photo)
The inaugural defence dialogue between the Defence Secretaries of India and Sri Lanka was held here yesterday. Defence Secretary Shri Shashikant Sharma and the Sri Lankan Defence Secretary Shri Gotabhaya Rajapaksa co-chaired the meeting alongwith their delegations, comprising the officers of the Defence Ministries and the Armed Forces of the respective countries. Regional security situation including issues of maritime security in the Indian Ocean region dominated the inaugural Annual Defence Dialogue.

The Defence Secretary Shri Shashikant Sharma and his Sri Lankan counterpart Mr. Gotabhaya also called on the Defence Minsiter Shri AK Antony in South Block. Various issues relating to bilateral defence interactions came up for discussion at the meeting.  (PIB)

Now there can be no more excuses for inaction or delays

Amnesty International Urges Human Rights Council to Take Opportunity for Action in Sri Lanka

Washington, DC: In reaction to U.N. Secretary General Ban Ki-Moon’s transmission of the findings of his expert panel’s report on Sri Lanka to the Human Rights Council, Amnesty International said:

"For months we have been waiting for the report’s findings to be presented to the Human Rights Council. Now there can be no more excuses for inaction or delays," said Sam Zarifi, Amnesty International’s Asia-Pacific director.

The panel of experts report, made public in April 2011, found "credible allegations" of war crimes and crimes against humanity by all sides to the Sri Lankan conflict.

"The panel of experts produced a strong, credible report - for the first time an international body acknowledged the extent of human rights abuses committed in the last days of Sri Lanka’s brutal conflict, when at least 10,000 civilians were killed," said Zarifi. "It’s time for the Human Rights Council to act on the panel of expert’s findings and hold those responsible for massive atrocities in Sri Lanka to account. The thousands of victims have waited long enough."

Amnesty International also reminded the Human Rights Council of ongoing human rights abuses the organization has documented in Sri Lanka since the conflict ended in 2009. These include lack of humanitarian access to displaced communities, lack of consultation with communities in the resettlement process, and threats to media freedoms.

Amnesty International is a Nobel Peace Prize-winning grassroots activist organization with 3 million supporters, activists and volunteers in more than 150 countries campaigning for human rights worldwide. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth and dignity are denied. 

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