CRIMINAL JUSTICE COMMISSION
29 December 2016
29 December 2016
COPE Chairman Sunil Handunnetti's call for a politically independent Criminal Justice Commission to be set up to exclusively hear the Central Bank Bond Scam would on the surface seem to be a desperate cry for transparency in the administration of justice, an issue that has been at the core of this government being voted into power by admirably reformist elements in civil society, an issue that featured high on the reformist agenda of the forces which voted this government into power.
Accountability and transparency have been the dual cry in the revolution that made its mark on 8 January 2015 and with the second anniversary of this government being voted into power just around the corner, Handunnetti's cry can be seen as being simply an echo of the sentiments which moved the masses to vote for Maithripala Sirisena as well as for the UNP at the last General Election.
In that sense, Handunnetti's appeal is an echo of the appeal made by those electors for a very specific mandate, now articulated by him in concise terms, demanding that that mandate be honoured by appointing an independent Criminal Justice Commission that's also seen to be acting independently as laid down by law and without fear or favour.
But what this in reality means is that Handunnetti is in effect telling us that COPE and the Attorney General's Department are de facto public 'eye-wash' institutions whose findings and learned opinions are not worth the paper they are printed on.
Accountability and transparency have been the dual cry in the revolution that made its mark on 8 January 2015 and with the second anniversary of this government being voted into power just around the corner, Handunnetti's cry can be seen as being simply an echo of the sentiments which moved the masses to vote for Maithripala Sirisena as well as for the UNP at the last General Election.
In that sense, Handunnetti's appeal is an echo of the appeal made by those electors for a very specific mandate, now articulated by him in concise terms, demanding that that mandate be honoured by appointing an independent Criminal Justice Commission that's also seen to be acting independently as laid down by law and without fear or favour.
But what this in reality means is that Handunnetti is in effect telling us that COPE and the Attorney General's Department are de facto public 'eye-wash' institutions whose findings and learned opinions are not worth the paper they are printed on.
What is worrying is that we need to take a serious look at not just COPE but other government institutions as well which could also be as emasculated as COPE and the Attorney General's Department are in furthering the cause of transparency and integrity in the dispensation of justice. Besides Handunnetti, the Attorney General had also had occasion to make at least oblique reference to the fact that all's not well with the dispensation of the law. This issue has been raised in connection with several cases handled by the Police and sundry commissions. What's more is that the President of the country himself lashed out in public about foot-dragging by these probe commissions and agencies including the Police especially in connection with cases of big time fraud, embezzlement, murders, abductions and the like.
If a COPE report is only as deserving as a missive to be treated with disdain and even derision, we must then ask why this committee was ever set up. What then happens, when the course of the dispensation of justice seems to be apprehended en route and detoured in a way that could negate the whole exercise of the machinery of justice? The peculiar...and as far as the government is concerned – peculiar factor here, is that pro-government civil society activists have opted to lapse into silence. But they will not be silent when the Local Government elections come around and the government will then rue the day it opted to try to sweep COPE and Auditor General's reports under the carpet. This is a copy book throw back to the days of State control under the Rajapaksa regime or at least appears to be so.
All of Sri Lanka has been thirsting for a return to morality in life and politics, in business and religion. But those promised streets of Shangri La would now appear to have metamorphosed into a dystopian nightmare.
Investigations by the CIABOC and other State investigative commissions and agencies have come in for censure at the highest levels with President Sirisena himself questioning their efficacy and the inordinate delays in pushing any cases through to successful prosecution. That foot-dragging persists and not a single shark has been netted. Why? What defence do these commissions and the Police have? Murder cases with all the proof at hand are being indefinitely dragged on and on despite adequate evidence for prosecutions, citing flimsy technical matters which can be proved within hours. The sooner the government sets up an independent Criminal Justice Commission to take on every case of fraud and corruption the better.
The ugly in-fighting the nation witnessed between pro-UNP elements in COPE against pro-Truth elements in COPE was proof that there's many a plank shoved between the spokes of the wheels of justice...and not by the Opposition! Handunnetti needs to come clean, and tell the nation, what is it that really ails COPE? He's got to throw in the towel and go public with the truth about why COPE has floundered.
If he is privy to any pressure being brought to bear on the Attorney General's Department in this, he is then under grave obligation to come clean on exactly what's happening within COPE.
Calling for this and that commission alone will not suffice.