Justice delayed is justice denied

Chairman of the United National Party (UNP) Wajira Abeywardena has said that Sri Lanka’s conviction rate remains as low as two percent, as reported in the media. While Sri Lanka records only a two-percent conviction rate, Japan’s stands as high as 98 percent, according to him.

This stark contrast exposes a troubling reality. Most individuals arrested in Sri Lanka are eventually acquitted of the charges brought against them. After prolonged detention—often raising serious human-rights concerns—they ultimately walk free without a conviction.

In our country, investigative officers simply implement laws that were formulated elsewhere. Parliament is the law making body. Law makers make laws. After World War II, new international institutions were created, but we must now ask whether these institutions remain appropriate in today’s context. Human rights conditions differ according to the economic strength of each country. It is a sad reality. These institutions should take such disparities into account, he said as reported in our online edition.

He added: “Our Constitution specifies that it is permissible to keep a person under arrest or detained until investigations are completed. If someone is held for periods ranging from three months to 25 years before the judiciary delivers a final ruling, it is still not considered a rights violation in that sense. It is time to address this. I hope every institution concerned will pay due attention.”

Even before the UNP Chairman highlighted the issue at an event to mark International Human Rights Day, the alarmingly low conviction rate had sparked sporadic debate in political circles. Creating a safe and orderly society requires the elimination of crime, the upholding of the rule of law, and the effective enforcement of legislation. While Sri Lanka has the necessary laws, enforcement remains the greater challenge in certain instances. Procedural delays, weak evidence, and victim withdrawal are widely recognised as major contributors to the poor conviction record.

An acquittal does not necessarily mean the accused is innocent. In many instances, charges cannot be proved beyond reasonable doubt. In other cases, prolonged or flawed investigations undermine the prosecution. Investigative lapses—sometimes stretching over years—have become a systemic problem.

For any society to move forward, justice must be accessible, efficient, and fair. The maxim “justice delayed is justice denied,” popularised by William Ewart Gladstone in 1868 remains relevant today. Beyond improving judicial infrastructure, the government must strengthen its investigative arms, particularly the police, to ensure that the law applies equally to all.

Most cases based on police investigations collapse in court due to weak evidence collection, procedural errors, and poor prosecution practices. Crime control and improving conviction rates are core responsibilities of the police. Enhancing officers’ investigative skills and mandating higher professional qualifications should therefore be priorities.

In today’s technology-driven world, scientific evidence is crucial for successful prosecutions. Forensic laboratories and other specialised units must be upgraded and adequately resourced. Medical experts, proper collection of physical evidence, and accurate analysis all play vital roles in securing convictions. Effective coordination among all these actors is equally important. Without it, insufficient evidence, incomplete documentation and flawed reporting become common reasons for cases to be dismissed and offenders to go unpunished.

 Sri Lanka’s criminal justice system must be strengthened by improving the processes involved in investigating, prosecuting, and trying offenders. Only then can public trust be restored, the rule of law upheld, and justice delivered without delay.

Strengthening the criminal justice system must also go hand in hand with broader institutional reforms. One of the main challenges is the severe backlog of cases that clogs the courts. Thousands of files remain pending for years, sometimes decades, resulting in witnesses forgetting crucial details, victims losing interest, and accused persons exploiting loopholes to evade accountability.  

Another important area is the independence and capacity of the Attorney General’s Department. Workload on prosecutors should be eased.

At the investigative level, strengthening internal oversight within the police is essential. Allegations of coerced confessions, custodial violence, political interference, and mishandled evidence   should not mar the reputation of the police.  

 Witness protection remains another critical weakness. Many cases collapse because victims and witnesses fear retaliation, particularly in cases involving powerful individuals, drug networks, or organised criminal groups. Sri Lanka does have a Witness Protection Authority, but its operations should be improved. A fully functional witness protection system—with relocation provisions, anonymity options, and psychological support—would encourage more individuals to testify without fear.

(Source - Dailymirror)