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Sunday, 26 January 2003  
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Bribery rampant in country's judicial system - Survey

by Don Asoka Wijewardena

The study of the country's judicial system has revealed that bribery was rampant at all levels from police officers, court clerks, lawyers, fiscal officers and even judges. The survey among judges turned up at least 5 cases of suspected bribery of judges.

The detailed survey,conducted by the Marga Institute in all regions except the North and East, has also revealed that the lack of proper judicial training, deliberate delays in passing judgements, lack of competence in English and prejudice based on ethnic, religious, social and gender as most serious problems affecting the judicial system in the country.

A direct mail survey has also been conducted by sending questionnaires to 1415 members of court staff, 278 judges (including retired judges), 4565 practising lawyers and 30 legal officers in the corporate sector as they wished to furnish required information on condition of anonymity.

In an interview with the Sunday Observer Dr. Nihal Jayawickrema, International Co-ordinator of the Programme to Strengthen Judicial Integrity, told the Sunday Observer that he had invited the Marga Institute to conduct a comprehensive survey on the integrity and omissions and commissions of the Sri Lanka's judicial system by interviewing civil litigants, virtual complainants, court staff, legal officers, lawyers and judges.

Dr. Jayawickrema said that the primary objective of the survey was assessing day-to-day activities involved in court proceedings and finding out its weaknesses and how far bribery and corruption had invaded the system.

He noted that it was the responsibility of the Judicial Service Commission to institute legal proceedings against judges, lawyers, legal officers, fiscal officers and court clerks found guilty of taking bribes and other offenses.

The Executive Director of the Marga Institute, Basil Illangakoon, said:

" There is no dispute over the fact that no lawyer can follow the dictates of his conscience but each and every person attached to the legal profession must endeavour to protect the integrity of the profession". (DAW)

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