UN Special Rapporteur on the independence of judges and lawyers Margaret Satterthwaite has expressed concern over Sri Lanka’s proposed constitutional amendment to extend the retirement age of Supreme Court and Court of Appeal judges.
In an official letter sent to the Sri Lankan Government on August 7, she indicated that the proposed amendment may not be consistent with international human rights standards relating to judicial independence and the right to a fair trial.
Under the proposed amendment, the retirement age of Supreme Court judges would be increased from 65 to 67, while the retirement age of Court of Appeal judges would be raised from 63 to 65.
Particular concern has been raised over the fact that the proposed change would apply not only to judges appointed in the future but also to judges currently serving.
While extending the retirement age may be justified on grounds such as retaining judicial knowledge and experience, Satterthwaite stressed that strong safeguards and comprehensive consultation are essential to prevent interference by the executive and legislature.
She noted that the absence of clear transitional arrangements could lead the public to perceive the amendment as an attempt to alter the composition of the judiciary for particular individual or institutional interests, rather than as a legitimate legal reform.
She also warned of a potential conflict of interest if judges who benefit from the amendment are subsequently required to determine its constitutionality. Such a situation, she said, could undermine public confidence in the impartiality of the judiciary.
The Special Rapporteur has therefore urged the Sri Lankan Government to avoid rushed changes without adequate consultation and to pursue a transparent and comprehensive reform process involving judges, the Bar Association, civil society and academics.
She has also called on the Government to clarify the basis for applying the proposed amendment to judges who are currently serving.
