Letter dated 14 December 2012 - The International Criminal Law ...

Events leading to the Impeachment motion
3. We set out below the sequence of events that thereafter led to the institution of
impeachment proceedings against the Chief Justice. What is revealed is a diabolical
attempt to exert undue influence, coerce, threaten, and finally punish the Chief
Justice for having held that a very controversial Bill presented by President
Rajapakse’s brother, Basil Rajapakse, Minister of Economic Development, was
contrary to the Constitution and could not be passed except with a two-third majority
and approval of the people at a referendum.
4. On 10 August 2012, a very controversial Bill known as the Divineguma Bill was
presented in Parliament by President Rajapakse’s brother, Basil Rajapakse, Minister
of Economic Development. In the weeks that followed, the constitutionality of the Bill
was challenged by several persons and organizations in the Supreme Court before a
three-judge Bench chaired by the Chief Justice. While the matter was being argued,
Mr. Kariyawasam, the Chief Jusitce’s husband was summoned by the Bribery
Commission, and a statement recorded on the share transaction that had led to his
resignation from the National Savings Bank. The Bribery Commission, which was
appointed by President Rajapakse, is not perceived as an independent institution,
and this act was perceived as an attempt to intimidate the Chief Justice.
5. On 13 September, the Secretary to the President telephoned the Chief Justice and
informed her that President Rajapakse had directed that a meeting be arranged with
her and the other two members (both Judges of the Supreme Court) of the Judicial
Service Commission (JSC). The Chief Justice and one other member of the JSC
were also members of the three-judge Bench hearing the constitutionality of the
Divineguma Bill. The Chief Justice insisted that the request be made in writing, and
a letter was accordingly sent informing her that the meeting had been fixed for 17
September at the residence of the President. At an emergency meeting of the JSC
on the next day, it was agreed that a meeting between the JSC and the President at
that stage was undesirable and “harmful”. Accordingly, the Chief Justice wrote to
the Secretary to the President that it would not be proper for the JSC to attend such
a meeting and that a meeting of such nature would be cause for severe criticism,
thus eroding public confidence in the independence of the JSC.
6. On 17 September 2012, a large crowd of people demonstrated outside Parliament
and shouted slogans against the Chief Justice and the Supreme Court, while inside
the chamber the Speaker, Chamal Rajapakse, the elder brother of the President,
announced that the Supreme Court had determined that the Divineguma Bill could
Executive Committee members
Majuka Fernandopulle-+9477344477,Achala Kumarasiri AAL-+94712080141 ,Kelum Kumarsingha- +94772994951,Supun
Wickramaratne-+94774810515 Sadamal Rajapaksha-+94714197650,Thanuka Madawa-+94715527766,
Dasanta Ihalage-+94719081380,Nuwan Bopege-+94718403608