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Stephen Kinnock, UK Shadow Minister for Asia & Pacific, raised concerns over the nomination of Mohan Peiris, former attorney general and legal advisor to Sri Lankan President, Mahinda Rajapaksa, to the UN’s Law Commission.
In parliament, Kinnock asked the government for their assessment of the “potential effect of the election of Mohan Peris on the credibility of the Law Commission”.
Nigel Adam’s, UK Minister for Minister of State at Foreign, Commonwealth & Development Office, responded by maintaining that it was government policy to “not reveal its voting intentions in international elections”. Adam’s noted the importance of the Law Commission stating,
“We recognise the important role of the International Law Commission in promoting the progressive development of international law and its codification. The UK will carefully consider all candidates in determining our voting position”.
Problems with Sri Lanka’s judiciary
According to the International Commission of Jurists, Sri Lanka has long suffered from the politicization of its judicial appointments, where the basis is of political loyalty and no consideration is given to seniority, proven competence, integrity, or independence.
Peiris is seen as a figure who has supported and benefited from such appointments. His controversial appointment as Chief Justice by Mahinda Rajapaksa in 2013 following the impeachment of Bandaranyake has been seen a politically motivated move.
Whilst serving as Chief Justice, the fundamental rights case brought by family members of Ganesan Nimalaruban who died in July 2012 as a result of injuries received in a prison siege was dismissed by the supreme court. Peiris is reported to have chastised the complainant, Nimalarubans father for having “raised his child to become a terrorist”.
During his 33 month tenure as Attorney-general, Peiris did not prosecute a single case for crimes committed against journalists, human rights defenders or lawyers. Sri Lanka was amongst the top 10 countries for a number of years on the committee to protect journalists (CPJ) Global impunity Index and in recent months a Sri Lankan Journalist, Prageeth Eknelygoda, topped the list of the One Free Press Coalition’s “10 most urgent” journalist whose press freedoms are being suppressed or whose cases are seeking justice.
The Case of Prageeth Eknelygoda
Prageeth Eknelygoda was forcibly disappeared in 2010 days before the presidential election. Days prior to his disappearance he had published a comparative analysis that came out against Mahinda and in favour of the then opposition candidate Sarath Fonseka. His wife has also suggested that he may have been targeted as he investigated allegations that the Sri Lankan Army used chemical weapons in the North-East during the armed conflict.
Mohan Peiris claimed in a question and answer sessions with the United Nations Committee against torture in November 2011, that Prageeth had secretly left Sri Lanka and was living abroad. However six months later, in a June 2012 testimony before a Sri Lankan court, he contradicted that statement stating:
“I don’t know if he is alive or dead, only god would know if the information that I received about him is true”
Mohan Peiris was accused of deliberately misleading the UN committee against torture.
Read the full remarks by the UK Ministers here.