UN concerned over SL’s move to extend judges’ retirement age

The United Nations Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, has raised concerns over Sri Lanka’s proposed constitutional amendment to increase the retirement age of superior court judges, warning that the move could affect judicial independence and public confidence in the judiciary.

In a communication dated Aug. 07 addressed to the Sri Lankan Government, Satterthwaite said the proposed amendment, in its reported form, may not be consistent with international human rights standards relating to judicial independence and the right to a fair trial.

The proposal would increase the mandatory retirement age of Supreme Court judges from 65 to 67 and Court of Appeal judges from 63 to 65.

She noted that although the proposed amendment has reportedly been presented as an administrative reform, its precise wording has not yet been officially published. She also said the amendment is reportedly intended to apply to sitting judges rather than only to judges appointed in the future.

She also warned that although individual judges had not been expressly identified as beneficiaries, the practical effect of the amendment could extend the tenure of specific members of the superior courts.

Satterthwaite stressed that changes to judicial retirement ages can be justified in certain circumstances, including preserving judicial expertise and institutional continuity, but said such reforms require meaningful consultation, robust safeguards and careful consideration of their impact on judicial independence.

She recommended that any amendment concerning the retirement age of judges be pursued through a transparent, inclusive, impartial, consultative and comprehensive justice reform process.

The Special Rapporteur has asked the Sri Lankan Government to provide details of the current draft and status of the proposed amendment, its rationale, and the reasons for applying the change to currently serving judges.

She also sought information on safeguards against executive or legislative interference, consultations held with the judiciary, the Bar Association of Sri Lanka, legal professionals, civil society and academics, as well as any assessment of the amendment’s potential impact on public confidence in judicial independence and impartiality.

The communication states that the Special Rapporteur’s letter and any response from the Sri Lankan Government will be made public through the UN communications reporting website and subsequently included in a report to the Human Rights Council.

மேலும் படிக்க »

இந்த செய்தியைப் பற்றிய கருத்தை பதிவு செய்யுங்கள். மேலும் இந்த செய்தியை உங்கள் நண்பர்களுடன் பகிர்ந்து கொள்ளுங்கள்.