Sri Lanka Responds to UN Envoy on Judicial Reforms

Sri Lanka has officially responded to concerns raised by Margaret Satterthwaite, the UN Special Rapporteur on the Independence of Judges and Lawyers. The government asserted that proposed amendments to increase the retirement age for judicial officials will also apply to currently serving judges. This clarification addresses potential interpretations that the reforms might be intended to extend the tenure of specific individuals for political advantage.

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The proposed amendment to increase the retirement age for judicial officials will also extend the retirement age for currently serving judges.

The government emphasized that the proposed changes, which include raising the retirement age for Supreme Court judges from 65 to 67 and for Court of Appeal judges from 63 to 65, are designed to tackle the significant backlog of cases and reduce delays within the judiciary. Furthermore, the amendments aim to enhance public access to justice. The reforms also propose increasing the maximum number of judges in the Court of Appeal from 19 to 24 and in the High Court from 110 to 120.

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The main objective of these amendments is to reduce the excessive accumulation of cases and delays in the courts, as well as to ensure public access to justice.

In its official communication, Sri Lanka assured that the amendments would not impact the independence of the judiciary and would proceed without executive influence. The government also highlighted its responsibility, under Article 2(3) and 14 of the International Covenant on Civil and Political Rights, to maintain a fair and efficient judicial system. The response further stated that legally raising the retirement age in line with international standards does not hinder judicial independence, nor does it grant the executive the right to selectively extend the service of individual judges.

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The mandatory retirement age for Supreme Court judges will be raised from 65 to 67.

Additionally, the government pointed out that retaining experienced judges within the system is crucial for institutional integrity, especially as the judiciary expands with the appointment of new judges. The response also noted that petitions challenging the constitutionality of these bills have been filed before the Supreme Court, and the government pledged to fully respect the court's final verdict.

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These draft bills have not been formulated with the intention of extending the tenure of any specific judge or for political gain.