31 March 2021 05:24 am Views - 652
Saliya Pieris PC was elected as the 26th President of the Bar Association of Sri Lanka (BASL) on February 24
“I believe in a Bar which is united and I believe we must look to the factors which unite us rather than to those factors which tend to divide and separate us. A united and strong Bar is essential for the strength of this Association. I am conscious of the role which the President of the Bar is required to play. The Bar must continue to honour its objectives of maintaining the honour and the independence of the Bar and the judiciary.
It is in this spirit that for many years the Legal Aid Foundation of the BASL handled cases of detainees in order to secure their rights. In my view, the BASL must play a positive role in respect of the Fundamental Rights of the people including rights that are of pubic importance such as the freedom of expression- which is the foundation of all other rights, as well as environmental rights.
In its 1968 publication titled the Rule of Law and Human Rights, the International Commission of Jurists observed that “in a free society practising the Rule of Law, it is essential that the absolute independence of the judiciary be guaranteed. Members of the legal profession in any country, have over and above their ordinary duties as citizens, a special duty to seek ways and means of securing in their own country, the maximum degree of independence for the judiciary”.
The Bar will continue to be committed to ensuring to a maximum degree the independence of the judiciary and to seek ways and means by which the independence of the judiciary can not only be safeguarded but also be enhanced. The Bar should not hesitate to let its views be known whenever the Rule of Law or the independence of the judiciary is imperilled. The objectives of the BASL require the intervention of the Bar in situations of national importance whenever the rule of law or the administration of justice is affected.
In this context, the BASL needs to continue to examine and make representations to the State on how best the independence of the judiciary should be safeguarded. In this context the principled position taken by the Bar Council during the passage of the 20th Amendment Bill is noteworthy.
The manner of judicial appointments, the need to security checks and balances in the powers of appointment of the judiciary, the need for greater openness and transparency in judicial appointments, the need for a proper process for removal of judges in terms of the Latimer House principles, the need to strengthen the independence and integrity of institutions in Sri Lanka including the Commissions such as the Bribery Commission and the Human Rights Commission, powers of Commissions of Inquiry in respect of ongoing cases, are all matters which must be carefully scrutinized by the Bar, keeping in mind its primary objective.
Whilst the Bar seeks to safeguard the independence of the judiciary it is equally important to the Rule of Law that the rights and privileges of the Bar be secured. The support of the judiciary at all levels in securing the rights and privileges of lawyers is essential.
On July 31 1964, during his farewell address Chief Justice Basnayake Q.C. observed as follows:
Under our system of justice, the Bench and the Bar are components of one unit. The impairment of one inevitably affects the other. It behoves the bench, therefore the uphold the rights and privileges of the Bar, and the Bar to guard the prestige and sanctity of the Bench……………
In relation to the independence of the Bar and the rights and privileges of its members, it is necessary to safeguard and strengthen the rights of Attorneys-at-Law in different spheres. During my visits to the Bars throughout the country and in the course of numerous discussions with members of the Bar, concerns were raised about the difficulties faced by the members of the profession in carrying out their professional duties.
Court registries, police stations, prisons and land registries are among such institutions. Members of the profession have at times faced many obstacles in exercising their professional duties at police stations and prisons as well as other government institutions.
Many instances are highlighted where lawyers are refused meaningful and confidential access to their clients who are in the custody of the executive in the police and prisons. Depriving members of the legal profession meaningful access to their clients at police stations and prisons not only affect the rights of lawyers but also have a serious impact on their clients and often lead to violations of the rights of their clients.
Depriving lawyers of meaningful access to their clients in custody often lead to abuse of the process and put the safety of such clients in jeopardy. I intend that there must be zero tolerance for ill-treatment and torture of persons in custody and deaths in custody. These must be addressed by the Bar.
I have proposed to His Lordship the Chief Justice, the Honourable Attorney General and the Minister of Justice that the BASL meets them periodically to iron out issues that may arise from time to time.
One of the main challenges faced by our profession is the increase in the number of lawyers entering the profession and the consequent challenges which exist. Juniors entering the profession are faced with many challenges and it is vital that the Bar be sensitive to the problems faced by the junior members of the profession.
The Bar must seek ways and means of enhancing the practical training of new entrants to the legal profession and also seek to strengthen the training of apprentices. An urgent appraisal of how apprentices are trained must be considered. The Bar can no more be lax about the manner of training. It is of absolute importance that the apprenticeship period be more structured and not limited to the commencement and termination letters.
Many juniors entering the Bar do not have the benefit of the guidance and the steadying hands of a senior.
I have met junior members of the profession who had not had the first appearance in court for several weeks after being admitted to the Bar. In this context, I intend to work on the internship programme already commenced by the BASL for law students and to develop the mentorship programme under the Junior Bar Committee.
The future of legal education in Sri Lanka is essential. Whilst the BASL welcomes the reforms already taking place, there is an urgent need to strengthen the link between the academic institutions providing legal education such as the Universities, and the Bar. Need for greater integration of those entering the profession after obtaining their law degrees. Similarly, Sri Lanka Law College must be a vibrant institution that achieves its full potential. The BASL will try to strengthen the CLE programmes with the support of the regional Bar Associations.
Covid-19 brought with it many challenges to the legal profession. I remain committed to the welfare of lawyers. The creation of the Lawyers’ Trust – A benevolent fund for Lawyers is one of the measures I propose along the line of similar funds created in the Bars in other countries.
The promotion of good relations and co-operation between the Bar and the public, the legislature and the executive are amongst the objectives of our Association. The presence of the Minister of Justice as well as the Secretary to the Ministry of Justice at today’s convocation is important to the Bar. The Bar welcomes the enthusiasm of the Minister of Justice towards reform in many spheres and also towards addressing the issues such as infrastructure and facilities in courthouses which are often woefully inadequate. The initiatives taken in respect of court automation by the Ministry and the fact that the Government has set apart unprecedented funds towards the administration of justice are praiseworthy. The BASL will continue to co-operate proactively with the Ministry of Justice. Not only the courthouses but the digitization of other institutions such as the Attorney General’s Department and the police and the exchange of information and data interoperability between institutions are essential for the speedy process of justice.