World Video | Defence | Foreign Affairs | Natural Events | Trade | NZ in World News | NZ National News Video | NZ Regional News | Search

 


SRI LANKA: A good case always wins when judged impartially

OR PUBLICATION
AHRC-ART-001-2013
January 1, 2013

An Article by the Asian Human Rights Commission
SRI LANKA: A good case always wins when judged by an impartial tribunal
Basil Fernando

The government’s claim is that the case against the Chief Justice is an open and shut case, a foolproof case. It claims that the charges are extremely grave and that the evidence possessed by the government is monumental and black and white.

If this is in fact the case, then the government has vast political mileage to gain by placing its evidence before an impartial tribunal. The verdict that will be arrived at will enjoy the greatest credibility and therefore the government will not be blamed for a witch hunt against the Chief Justice. All the critics would be silent forever if an impartial tribunal comes to a finding on the basis of government claims; if they are true, an impartial tribunal will naturally come to that conclusion.

Thus, in this, the government has all to gain and the critics of government have all to lose as a result of the appointment of an impartial tribunal.

The very appointment of such a tribunal itself will be a vast gain for the government.

When that is clearly the case, why does the government not take this option? It is the option that has the maximum benefit for the government.

It may be because the government is not sure of its claim of having a winnable case before an impartial tribunal. It may be fearing that under close scrutiny its case may be exposed as false or that the case will fall apart no sooner than it is examined by an impartial tribunal. An observer is fully justified in coming to that conclusion if the government persists in not placing this case before an impartial tribunal. By refusing to allow the case to be heard in that manner, the government has already lost the argument.

No politically wise leadership will refuse to take an easy road that will lead to a credible victory when it has that option.

Instead, the government is engaging in massive propaganda, day in and day out, to show that it is acting in good faith and that the Chief Justice in the wrong.
No amount of propaganda is a substitute for genuine proof. Even if the government causes a victory by passing a resolution in a parliament on the basis of the PSC findings, it will never be able to escape the damning criticism that the verdict was not arrived at by an impartial tribunal but rather by an overwhelmingly biased group of the government’s own members of parliament. That blame can never be washed away and that will have its own implications for the government.

Further, it is one of the most shameful moments in Sri Lanka’s history that the overwhelming power of the government through the media is used to maximum capacity against a single woman who happens to be the Chief Justice of Sri Lanka.

That belies the government’s claim that it is the Chief Justice and a few others in significant NGOs that are opposing the government’s impeachment move. The level of the government’s propaganda suggests that it is facing a massive threat. Only a massive threat warrants such massive campaigning.

Once again, why use such massive and arduous efforts when there is one simple and easy method for the government to achieve what it wants without gaining adverse criticism, by way of having an impartial tribunal?

The guilt on the government will be attributed purely on the basis of their refusal to have an impartial tribunal, when it is all to the government’s advantage to have one if its claim of impeccable evidence is true.

# # #

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.

Visit our new website with more features at www.humanrights.asia.

© Scoop Media

 
 
 
 
 
World Headlines

 

Palestine: Border Police Extremely Close When They Shot The US Activist

New testimony at final hearing in Tristan Anderson's trial indicates Border Police were extremely close when they shot the US activist in the head More>>

Palestine: Ni’lin Demonstrators Met With Violence

International Solidarity Movement On the 20th of March, during Ni’lin’s weekly Friday demonstration, Israeli occupation forces attacked protestors with about 20 rounds of tear gas canisters shot with the ‘venom’ tear gas launcher mounted on a military jeep ... More>>

ALSO:

UN Envoy Says Yemen On 'Rapid Downward Spiral'

Yemen stands on the brink of civil war amid deepening political tensions and an uptick in sectarian violence, United Nations Special Adviser Jamal Benomar warned today as he explained that only through dialogue could the country achieve a peaceful political transition. More>>


Continued International Support As Vanuatu Recovers

Damage seen on Saturday 14 March 2015 in Port Vila, capital of Vanuatu, after Cyclone Pam moved through the Archipelago. Photo: UNICEF Pacific More>>

UNICEF Rushes Emergency Supplies For Cyclone-Affected Tuvalu

The United Nations Children's Fund (UNICEF) is dispatching emergency life-saving supplies to communities in Tuvalu as part of its efforts to assist communities in the Pacific region that were affected by Tropical Cyclone Pam, with nutrition and hygiene kits arriving today. More>>

Vanuatu: Regenvanu Expects 50% Of People Struck By Pam To Be Homeless

Vanuatu Minister of Lands Ralph Regenvanu says more than 50 percent of those hit by super Cyclone Pam at the weekend are now homeless. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
World
Search Scoop  
 
 
Powered by Vodafone
NZ independent news