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, ...
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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………………………………
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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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