Making justice universal

Wednesday, 3 February 2016 00:00 - - {{hitsCtrl.values.hits}}

Sri Lanka’s judicial system is under the spotlight more than usual these days as arrests of Police and the former President’s son are watched with much interest. Yet what cannot be forgotten in the midst of all the drama is the importance of achieving universal justice.

The Government of President Maithripala Sirisena came to power promising to wipe out corruption. While it is readily acknowledged that the corruption stemmed from the top and centred around one particular family, it was certainly not limited to them, nor is the current Government innocent of corruption, wastage and mismanagement. Therefore, it is important not to focus entirely on one battle and lose the war.

Anti-corruption investigations against many members of the former Government kicked off in early 2015 but despite statements of bank accounts holding billions of dollars being identified, the actual evidence has been limited and actions even more so. Admittedly much investigation has to be done and the massive number of complaints made to the Bribery and Corruption Commission as well as the Presidential Commission appointed to investigate corruption has to be waded through.

Outside of these two bodies, many financial irregularities and mismanagement has been reported in the Auditor General’s report presented annually to parliament along with bodies such as the Committee on Public Enterprises (COPE) and Committee on Public Accounts (COPA). None of these reports have been followed by credible investigations that have initiated legal action against the offending public officials, creating significant levels of impunity within the system. Even internal audits kicked off after the new Government came into power have failed to come into public notice in a meaningful way.

The arrest of former President Mahinda Rajapaksa’s son Yoshitha Rajapaksa over charges of money laundering is a positive step forward but one that has to proceed with transparency. A statement released to media the day after the arrest details suspicions of money laundering done by the Carlton Sports Network (CSN) with a “foreign company”. However, details of the company have not been released, raising questions as to how deep the investigations will go. No doubt more information will be released to courts later this month when the case gets taken up again.

For the public to regain confidence in governance, two elements need to proceed hand in hand. On one front the Government has to strengthen the institutions that are combating corruption and ensure that they have the independence and resources to probe even the most powerful of people. On the other a wider net has to be cast to catch the sprats, whales and sharks of corruption. Otherwise people will never believe that the system works.

At the moment there is a higher level of faith in the judiciary than was seen over the past few years. Recent arrests of those connected to controversial organisation Bodu Bala Sena (BBS) and the arrest of top police officials connected to the Embilipitiya death has emboldened hope in the public. But for justice to be accessible to everyone, then it must be universal.