His Excellency Mahinda Rajapakse,  

The President of Sri Lanka,

Presidential Secretariat, 

Colombo 1,

Sri Lanka

22 February, 2006

Dear President,

We are the Co-Chairs of the Human Rights Institute of the International Bar Association. The International Bar Association is a global federation of lawyers, Law Societies and Bar Associations which works to influence the development of international law reform and shape the future of the legal profession. Its 180 Membership Organisations and 16,000 individual members cover all continents. The IBA’s Human Rights Institute works across the Association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

We would like to express our concern at the sudden and unexplained resignations of Honourable Justice Dr Shirani Bandaranayake and Honourable Justice T.B. Weerasooriya from the Judicial Service Commission.

We understand that the Justices indicated that they had resigned in accordance with their conscience.  However, there has been no public explanation offered as to the reasons for these sudden resignations.  This situation has potentially serious consequences for the rule of law in Sri Lanka as the Judicial Service Commission has responsibility for the control of appointments, transfer and discipline of most of the judges and magistrates in your country.

We believe, with respect, that giving reasons for these resignations is in the public interest as it relates directly to transparency and the rule of law in Sri Lanka.  We would seek those reasons, together with an assurance that no adverse action will be taken against the two judges.

We would appreciate your response to our concerns.

Yours sincerely,

Ambassador Emilio Càrdenas                Justice Richard J. Goldstone

Human Rights Institute Council Chair     Human Rights Institute Council Chair