Accused war criminal Sarath Fonseka has backed the Sri Lankan government’s controversial plan to extend the retirement age of judges, even as legal bodies warn the proposal risks undermining judicial independence.
Speaking at a public event , Fonseka said members of the armed forces are compelled to retire after completing their service, with many leaving the military between the ages of 50 and 55 despite continuing family and financial responsibilities.
"When soldiers retire after 20 years, their age is around 45. That is the time when their children sit for important exams and when they have the highest amount of responsibilities in life. At that age, finding a new job is also difficult for them."
Fonseka argued that extending retirement ages, as he claimed happens in some developed countries, does not necessarily diminish a person’s ability to carry out their duties.
"It has been 20 years since I retired. My brain is working well. If I were given command of the Army today, I could command it, although I would not accept it," he said
He further claimed that judges in countries such as the United States serve until around the age of 70, while some military commanders also remain in service into their seventies.
Fonseka’s intervention comes as Sri Lankan president Anura Kumara Dissanayake’s government presses ahead with a constitutional amendment to raise the retirement age of judges.
Under the proposal , the retirement age of Supreme Court judges would increase from 65 to 67, while Court of Appeal judges would retire at 65 instead of 63. A parallel proposal is also expected to revise the retirement age of High Court, Magistrate’s Court and District Court judges.
The move requires a two-thirds majority in parliament. The ruling National People’s Power government currently commands that majority, giving it the numbers to push through constitutional amendments if it maintains party discipline.
The proposal has drawn sustained opposition from Sri Lanka’s organised legal profession. The Bar Association of Sri Lanka has urged the government not to proceed with the amendment, warning that altering judicial tenure in the current political context could damage public confidence in the judiciary and the rule of law.
At a BASL forum earlier this month , local and international legal experts opposed the proposed change, with BASL President Rajeev Amarasuriya stressing that the Association’s position was one of constitutional principle and not directed at any political party or particular judges. The BASL has argued that the retirement ages of Supreme Court and Court of Appeal judges, which have stood at 65 and 63 respectively since the 1978 Constitution, should not be changed arbitrarily.
Fonseka’s support places him in direct contrast with those warnings.
His remarks are also notable given his own record as Sri Lanka’s army commander during the final stages of the armed conflict, when tens of thousands of Tamils were killed in the Mullivaikkal genocide. Fonseka has previously claimed responsibility for conducting Sri Lanka’s military campaign , stating that he had “planned the entire operation”, while rejecting cooperation with a United Nations inquiry into mass atrocities. He has repeatedly denied reports of war crimes committed by troops under his command and pledged to protect the Sri Lankan military from accountability.
Sri Lanka is one of the most dangerous places in the world to be a journalist. Tamil journalists are particularly at threat, with at least 41 media workers known to have been killed by the Sri Lankan state or its paramilitaries during and after the armed conflict.
Despite the risks, our team on the ground remain committed to providing detailed and accurate reporting of developments in the Tamil homeland, across the island and around the world, as well as providing expert analysis and insight from the Tamil point of view
We need your support in keeping our journalism going. Support our work today.
Please use below email to contact us:
Loading comments…