Paths Links People

Paths Links People

Thonigala Inscriptions are of the 2nd Century BC and carved on Rock. information courtesy;Internet

Thonigala Inscriptions are of the 2nd Century BC and carved on Rock. information courtesy;Internet
Tonigala. (a.) Parumaka Abaya puta parumaka Tisaha wapi acagirika Tisa pawatahi agata anagata catudisa sagasa dine. Dewana pi maharaja Gamini Abaye niyate acanagaraka ca [tawi] rikiya nagaraka ca. Parumaka Abaya puta parumaka Tisa niyata pite raj aha agata anagata catudisa sagasa

History; Path to future

History; Path to future
Reading Future through History, Nagala mountain and the Stupa of the Nagala Kanda Rajamaha Viharaya, Nikaweva, Polpithigama, Kurunegala District.

yesterdays kingdoms enhanced people's today

yesterdays kingdoms enhanced people's today
let us view today through past ...........Kingdom of Yapahuwa - 13th Century

Sunday, September 20, 2015

On 'HYBRID COURTS' curiously .......................



I started writing this essay yesterday with a very little understanding of the subject.  To get an overview of the ‘subject’ I had to browse certain links. So now I believe that I have  at least 5% of knowledge of the subject but to fill the rest I have questions to ask from either ‘ the authorized person who decided to have a such system in this land’ ( here in the country or in the UN)  or the Minister of the Ministry of justice.
Today, while I go passing a grocery shop I saw the following news, I think I saw this news on the home page of the Rivira weekly paper
mrSlaIK foaYSh hdka;%Khlska muKhs’
-      ckm;s w.ue;s lshhs   
‘The investigations; only through a local mechanism’  
                                                Says; President, prime minister
I didn’t read the inner content of the news. I guess this is regarding the hybrid court system or else about any other reports but I doubt that ?.
So assuming that ………………………………
Before I move onto my views on the above statement released by the highly authorized, responsible parties let me state the definition I found on internet about the ‘hybrid courts’ , please see the content in the box below.




 

Hybrid courts are courts in which both the institution and the applicable law consist of a blend of the international and the domestic: foreign judges sit alongside their domestic counterparts to try cases prosecuted and defended by teams of local lawyers working with those from other countries; and at the same time, ...
 






I thought what ever the authorities says they cannot act or react beyond the ‘rules and regulations of setting up such an institution in wherever in the world. The rules are rules, the laws are laws. I do not know whether such things can be adjustable according to the wills and aims of any domestic parties.
Investigations alright can be done using a local mechanism, already exists in the local system. The investigations should be done by what party? The police, intelligence services? 

What are the procedures to be followed, next? 

Such reports / findings of the investigations should be submitted to whom? To the responsible parties of the COURTs ? 

Alright then, within the hybrid structure you find ‘the top seat’ chaired by whom? An international or a National?

The lawyers (group 1 National , group 2, international?), what is the total number of lawyers in a group of national  and international ?

The # in each group equal or not equal?

Who takes the final decision here? An International JUDGE / local JUDGE in favour of? oh! Sorry that is something I should not ask from an international court system
Look I do not say that I do not trust these systems. But I need to clarify and verify certain facts.   

Who should pay for the staff? The UN or the Local system, in what currency?
Let me move on to another direction………………………………

International courts are formed by treaties between nations, or under the authority of an international organization such as the United Nations — this includes ad hoc tribunals and permanent institutions, but excludes any courts arising purely under national authority.

Early examples of international courts include the Nuremberg and Tokyo tribunals established in the aftermath of World War II. Three such courts are presently located at The Hague in the Netherlands
The International Criminal Tribunal for the former Yugoslavia (ICTY), the International Court of Justice (ICJ), and the International Criminal Court (ICC). Further international courts exist elsewhere, usually with their jurisdiction restricted to a particular country or issue, such as the one dealing with the 
 genocide in Rwanda
In addition to international tribunals created to address crimes committed during genocides and 
civil war, ad-hoc courts combining international and domestic strategies have also been established on a situational basis. Examples of these “hybrid tribunals” are found in Sierra Leone, Lebanon, East Timor, and Cambodia.
Judges and high-level staff of such courts may be afforded diplomatic immunity if their governing 
authority so allows. International courts should be distinguished from international arbitration forums.

Early examples of international courts established in certain part of the world and the reasons to set up such institutions within mentioned countries explained in the paragraph boxed above.

In addition to the questions above asked, i like to further direct my the other set of question to the responsible indicating them below.
 
1        What is the reason behind trying to implement such a system in this country and what are the things that the state, the main admin system is trying to be solved through this unlike before / earlier?s


           My next question is that whether we lack the educated lawyers that have the knowledge on ‘international laws’ here locally?   OR haven't they got the power to practise them locally but only within an international system?

    Are You, The government is sort of showing us, 'insecure' of something that hints by establishing such system,    
    
    What crime that the government is expecting in the future to be seen in the local system or are you assuming of any situations in the future, and believe cannot be solved by the judiciary or courts system – current - local? ,   

     if one of the reasons to set up  such a system locally is to punish any victim of anything happened in the 'past', for example taking a child away from their parents and appoint them as a 'child soldier' that was by LTTE for instance? Is it an offense not international? whom are you going to punish for that?  
       
    let me try to note another example to rectify what i am saying here .............

     Am I accurate, if I note that the current government is trying to view all the incidents happened in the not near but distanced? i.e. The Struggles such as ; JVP struggle for instance today I saw a poster on a public notice board indicating a news;  'A voice against then leader Rohana Wijeweera and 60000 other JVPians killed (this is posted by a newspaper ‘sathhanda’?)    

    pardon me the gentlemen of the international jury to be established , i do not know how you are going to understand any local struggles or battles of any part of the world in its true faces / facts totally, 100% or little less than that , true tears , socio economical factors, political reasons though you can collect information, read secondary data available on what ever subject. And say  or release your statements afterwards differentiating facts ; these facts belongs to the category of 'rights', and these belongs to the category of 'wrongs' considering and analyzing them, the decision taken to punish ' -----------' ( mentioning individual / group ) 

     you can do all that according to the book of international laws 

     And who are the parties 'set those rules and laws ' studying what  socio cultural, economical political facts, after examined, researched what groups, communities, peasants, townies, in what part of the world?  

     who wrote those books? how many are from this part of the world that understand the flesh and blood of people of this part of the world?  why these same people called international is given to right to set up or compile all those , why not invite expertise from this part of the world to 'contribute' and what harm it would bring if any local maintain their own affairs domestic independently and locally. 

    Why, we always need some International here it is alright to get examples from what ever part of the world, but what any local system would do is to 'have a very local frame of working, methodology of working that justify the needs of the locals first not the desires, aims , needs and wants of the internationals. 
     
    That doesn't mean that the country should be isolated from international structure and live a caged life. do not read me wrong. 
     
    Take India for example, what honorable mahatma Gandhi did to localize, establish their very own hindustani system independenting from western interference in every thing. even from manufacturing locally what the people of India needed . I do not necessarily say that current leaders of India should follow the same. Taking examples from past is always worthy to understand needs of people today. 

     India is huge compared to our country, the total number of states, admin systems, the number of very much larger compared to ours, population, what the department of police has to do comparatively large isn't it?    i do not know the total number of courts ( any type) based in major part of current India? 
       
      Yes, it is true that they suffered no terror like ours though Kashmir is an issue to be solved permanently but i have not heard that Indian Government is saying they need a hybrid court system there in India. I never think that we should do only what India do in their Country. we need to have a very independent system here. Geographically they are huge they can find spaces to have their own factories built in Indian soil. perhaps the unemployment rate there is high compared to here and they perhaps needs to find opportunities for Indian people inland. We cannot say anything if the Leader of India find ways to seek solutions. Even if they can establish a factory here jointly with the local government to cross cut high expenses i do not know, i assume and find job opportunities for them  as well as for our bloods. That is how any leader of any country act. 'Their People comes first where ever they go' i salute.
i
    sorry for directing you towards another section of another subject other than towards  'hybrid talks'  

     If you are to established a hybrid courts system in the country, are you saying that you are not sure about the strategy or method to be followed of ‘sanhindiyawa’, sadacharaya’ ( good practices, disciplines) or that you are going to practice and your civilians are expected to be practiced ? If you are aiming at such something why think and act as failures already. there should be some role, work that the International hybrids should play if you achieve all sanhidiyawa targets what role they have to play in the future NO! 
     
               
         What other country in the region has such a system?  If there are not any similar systems established in the courts system does that mean they handle domestic affairs independently or their government can assure of total ‘sanhidiyawa’ or sadacharaya’ within their inner systems,  and assure no such system is required in their countries ?  

        What similar situations you find happened in this country like in Sierra Leon, Lebanon, East Timor, and Cambodia? How are you going to justify the situations here, if you find any similar here?  what war you expect here in future? Are you saying that you are uncertain about some practices or systems planning to be implemented and that would provide or bring good results   

     What trust you hold about current law and order system of the country AND about the institutions there to address or to maintain the sustainability of peace and order in the country? i.e. institutions such as the department of police

          Are you going to imprison any international victims of offenses here in this land after hybriding what ever according to the Hybrid system? 
     
     I am asking these questions because I am unwary of these things? 

     What role the appointed Attorney general would play there after or hereafter? 

           If the UN is expecting more hybrid courts to be established in the world, what role that the other UN organizations , allies established aimed at 'assuring no wars in the world' / to maintain highly peaceful world', are playing currently? if they are not sure about their roles then UN needs to set up more of such. 

     You say even to PREVENT happening something 'you need hybrid courts system' , what about more 'SCHOOLs, Shirnes instead , teach laws at school level, basic laws i mean rather wait till they select and learn it as a subject at universities? 


    What you expect establishing such courts system in any of the society is not always ‘PREVENTING’ or aiming at prevention of crimes BUT deciding of punishments as well? 
     
    Enhance or clear the roles of the responsible of other Educational, socio cutural institution bases. 
    
     The  role of the Teacher of all level
    The  role of the 'officer - police'
s   Social workers 

     Is any of the existing models of other countries suits local societal or political structure like ours?  like some others describe in their descriptions on hybrid courts systems ‘ what  is called ‘weak domestic justice system’ http://www.uniceub.br/media/181726/Texto3.pdf  

i    If you use same description here, since when? How old is the Judiciary system that the Englishes introduced and we still follow with no changes?   
 
Why often we hear the word ‘doubt / s with regard to the ‘lawfull staff’ from non domestic parties ? i.e Cambodia before establishing hybrid courts system there what qualifications they have to do so than a purely local (It doubted whether it was possible to find qualified and (evidently) independent Cambodian staff  ………. read for more information  page five of 25 http://www.uniceub.br/media/181726/Texto3.pdf

further, the text i copied from the internet explains .........

 
 ‘In a post-conflict situation domestic trials often lack legitimacy because the judicial institutions are not impartial and independent or are not perceived as such’
‘The prosecution takes place in far away court rooms, in which the key actors are lawyers not familiar with the conflict and culture in which the crimes have been committed’


can we think of something PURELY OURS ? 

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