The seriousness with which parliamentarians engage in addressing the acute crisis of the justice system will largely depend on how well a considerable number of them understand the problems associated with this issue.
Unlike many other matters that parliamentarians may deal with, the challenges facing the justice system are among the most difficult. While solutions to the country’s economic bankruptcy and related financial problems are certainly complex, there is a general discourse both domestically and internationally about the nature of the problem. Today, there is widespread awareness of what it means to default on foreign debt, the consequences of such a situation, the need for extraordinary measures (which can only be achieved with the cooperation of the International Monetary Fund and other international bodies), and the broader issue of economic development to address these challenges. These topics are part of the public conversation, and even an average citizen hears about them regularly. The crisis has led to a rapid increase in public awareness, with many people, including parliamentarians, now understanding the complexities of the economic situation better than before.
Similarly, the health crisis—how it was caused and how it should be addressed—is now a key part of the national discourse. This was not the case before the COVID-19 pandemic and the subsequent economic crisis, which led to significant issues such as fraud and corruption in the medical supply sector. There were also shortages of critical medicines. Today, many people, including parliamentarians, recognize the gravity of these issues, and there is at least some level of appreciation about the problems within the health system.
The same can be said about the education crisis, another major topic in national discussions. Many of the current parliamentarians, who themselves are products of recent educational reforms, understand these problems more clearly than earlier generations. The issue of corruption is also widely understood, with both government and opposition members recognizing that its widespread nature threatens both national security and the livelihoods of people. While the solutions to bribery and corruption are complex, there is broad consensus that these issues must be confronted.
However, the same cannot be said about the justice system. What all citizens understand—including parliamentarians—is that the justice system is plagued by serious problems. These include issues such as the right to make complaints, how investigations should be conducted, the crisis in the prosecutor’s office, and the destructive delays in the judicial process. These are well-known facts. The challenge, however, is that while people are aware of the external manifestations of these issues, this knowledge is insufficient to develop effective strategies to address the situation or to resolve these problems at various stages.
Justice problems are complicated by the very nature of law. The law is a complex, intricate system, and understanding how it functions is not an easy task. Just as medical issues are difficult for the average person without specialized knowledge to grasp, the complexities of the legal system present a similar challenge. The average parliamentarian, like the average citizen, does not have the time or resources to fully understand these complexities.
Legal systems are also deeply intertwined with other systems, such as those involved in investigations. In countries with centuries of scientific tradition and experience, there is an ingrained culture of objective thinking and using rational methods for solving problems. In such societies, the need for thorough investigations is widely understood, and the processes involved in investigating crimes are seen in much the same way as investigations in other fields of science. In countries with such traditions, the methods of criminal justice are based on rational, scientific principles. These methods, refined over time, ensure that investigations are carried out with precision and integrity.
This is also true of the role of the prosecutor. In many countries, the prosecutor’s role has evolved over centuries, often shaped by historical events such as the deplorable medieval inquisitions, where investigations were carried out with little regard for due process or scientific objectivity. Over time, these methods were reformed to ensure that investigations were thorough, fair, and humane. In the United States, the development of the prosecutor’s role was influenced by the law enforcement needs of the frontier, where disputes had to be settled and justice enforced. Today, the role of the prosecutor is one of balancing integrity with the need for justice.
The judiciary, too, has evolved over time. It was designed to be the highest authority for ensuring justice, combining rigorous enforcement of the law with a commitment to fairness. The all too common practice of delaying justice is seen as a mockery of the judicial system. Delayed justice undermines the integrity of the entire legal framework and is the greatest insult to the idea of justice itself as in effect it denies justice.
To address a justice system in crisis, a significant understanding of these complex issues is required. The solutions to these problems are not simple, and they cannot be understood without a deep dive into the history and methodologies behind legal practices, investigations, and prosecutions. To resolve issues such as bribery and corruption within the justice system, careful study and a thorough reform are necessary.
In short, if parliamentarians are serious about addressing the justice system’s crisis, they must have access to the necessary knowledge. These issues are not merely political; they are objective matters related to the administration of justice. There are experts who understand these complexities, and parliamentarians should be given the opportunity to learn from those experienced experts.
It is suggested that newly appointed parliamentarians—many of whom have not had exposure to the well-established traditions of justice and who may even have been exposed to inefficient or corrupt systems — should be given the chance to educate themselves on these matters. As lawmakers, they must understand the legal system, because lawmakers who do not understand the complexities of the justice system will struggle to address the problems faced by a country like Sri Lanka, which is experiencing one of the worst crises in law and order, discipline, and the rule of law.
Each party in the new parliament should provide extensive opportunities for all its members to gain a solid understanding of key rule of law issues, such as how to establish an efficient criminal investigative system, the importance of fair and independent prosecutions, and how to address the judicial system’s delays and inefficiencies. Understanding these issues and their potential solutions is crucial to making the justice system work for the people and the country.
Ultimately, parliamentarians decide the budgetary allocations for critical reforms. If they recognize that justice system reform is one of the highest priorities—essential for economic development, social stability, individual security, and creating an environment where citizens can live and do business without fear of corruption or being bullied by powerful sources—they will be in a better position to allocate the necessary resources. Therefore, parliamentarians must understand the importance of reforming the justice system and ensure that the required budget is allocated to make those reforms a reality.
This brief account outlines how parliamentarians can be brought into the process of justice reform, but it will largely depend on the leadership of each party to provide their members with the necessary educational opportunities. If parliamentarians are to fulfill their duties effectively and deliver on the promises made to the people, they must first understand the complexities of the justice system.
Thank you very much.
Basil Fernando
Director of Policy and Programmes
Asian Human Rights Commission
