Sri Lanka's government unveiled sweeping judicial reforms yesterday that it says will slash a huge case backlog, despite criticism from lawyers and opposition parties that the measures threaten judicial independence.
Two bills put forward in parliament would increase the number of courthouses, create new appeals courts outside the capital, raise the retirement age of judges by two years and recruit additional justices and staff.
President Anura Kumara Dissanayake says the measures will streamline the criminal justice system and address staffing shortages across law enforcement and the courts.
But the private bar association opposes them, calling the change to the retirement age an attempt to prolong the tenure of a chief justice seen as close to Dissanayake.
Sri Lanka's courts face a backlog of about 1.1mn cases, official figures show.
Criminal prosecutions typically take around 17 years to conclude, while civil litigation can drag on for decades.
Dissanayake's government is proposing a constitutional amendment to expand the Court of Appeal from 20 judges to 25, and establish 10 new High Courts.
It also plans to hike the retirement age for Supreme Court judges from 65 to 67, create provincial appellate courts to help litigants avoid long-distance travel to Colombo, and hire 10,000 police constables and hundreds of court clerks.
"This is part of a much broader process," Dissanayake told a meeting with the Bar Association of Sri Lanka (BASL) last week.
"It forms part of an approach that looks at the entire process, beginning with investigations and continuing through the judicial process."
But the BASL is not convinced, arguing that the move aims to keep 64-year-old Chief Justice Preethi Padman Surasena, who is due to retire in November, in office.
Several opposition parties have accused Surasena, who was elevated to Chief Justice last year under Dissanayake's administration, of being biased in favour of the government's policy goals.
The administration denies that claim and also rejects accusations that it seeks to exert influence over the judiciary, saying the changes are necessary to improve efficiency and reduce delays.
Still, the reform package has drawn international attention, with UN Special Rapporteur Margaret Satterthwaite asking Colombo last week for clarification that it "complies with international standards on the independence of judges".
The reforms require a two-thirds majority in parliament, which the government currently commands. The legislative process is expected to take about two months.
The judicial overhaul comes as authorities intensify anti-corruption investigations involving former president Mahinda Rajapaksa and members of his family, who have faced allegations ranging from corruption and money laundering to misuse of state funds. They deny wrongdoing.