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United Nations Nations Unies INTEROFFICE MEMORANDUM MEMORANDUM INTERIEUR United Nations Nations Unies INTEROFFICE MEMORANDUM MEMORANDUM INTERIEUR TO: The Secretary-General DATE: 14July2004 REFERENCE: THROUGH: Mr. S. Iqbal RJZ3 S/CDE. Chef de Cabinet FROM: Ralph Zacklin DE: Acting Legal EXECUTIVE OFFICE OF THE SECRETAHY-GENERAI SUBJECT: Appointment of a replacement for Judge Gunawardena as a permanent judge : of the ICTR 1. ^Earlier this year,Judge Gunawardena (Sri Lanka) submitted his resignation as a permarienTjucfge'bTfRe ICTR, effective 30 June 2004. 2. Article 12 bis, paragraph 2, of the Statute of the ICTR provides that, in the event of a vacancy among the permanent judges, the Secretary-General, after consulting the President of the Security Council and the President of the General Assembly, shall appoint a person who meets the qualifications for office stipulated in the Statute for the remainder of the term of office concerned. The ICTY's Statute contains an identical provision. 3. Jujdjae_Gjujf^ardj|i^ to date at the two Tribunals. In fourteen of the previous sixteen cases, the Permanent Mission of the State of nationality of the judge who resigned or died provided the Secretary-General with the name of a candidate to fill the vacancy. Once OLA had verified that the individual in question met the qualifications laid down in the Tribunal's Statute, the Secretary-General proceeded to consult the Presidents of the Council and of the Assembly with regard to the appointment of that individual. 4. TheActi n g Pe rm a n e nt Re p resienjajj ye.of. Sri Lanka has now written to me suggesting theJHgnourable J. As.gka de Silva.,(SrJ Lanka) as a replacement for Judge Gunawardena. Please find attached his curriculum vitae. It is our view that h^jD-ejeJs.the.ciualifications laid down in the ICtR's Statute. 5. Accordingly, please find jtta^jd,ioj_yo.ur.appmyjLl..jMj.!.gnature, identical letters to the presidents of the Security Council and of the General Assembly consulting with them on the appointment of Judge de Silva as a replacement for Judge Gunawardena. JUL 2 7 2004 EOSG / CENTRAL THE SECRETARY-GENERAL 23 July 2004 Dear Mr. President, I have the honour to refer to Article 12 bis, paragraph 2, of the Statute of the International Criminal Tribunal for Rwanda, which reads as follows: "In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 12 of the present Statute, for the remainder of the term of office concerned." In this connection, I should like to inform you that Judge Asoka Gunawardena, a national of Sri Lanka, has resigned as a permanent judge of the International Tribunal, effective 30 June 2004. The Government of Sri Lanka has presented the candidacy of the Honourable Judge J. Asoka de Silva, a national of Sri Lanka, to replace Judge Gunawardena. Please find attached his curriculum vitae. It is my view that Judge de Silva meets the qualifications which are prescribed in Article 12 of the International Tribunal's Statute. I also consider that Judge de Silva's appointment would be well calculated to ensure adequate representation in the Tribunal of the principal legal systems of the world, as contemplated in Article 12 bis (1) (c) of the Tribunal's Statute. His Excellency Mr. Mihnea loan Motoc President of the Security Council New York I should, therefore, like to proceed to consult with you on the appointment of Judge de Silva, in accordance with Article 12 bis, paragraph 2, of the International Tribunal's Statute. I look forward to receiving your views on the matter. Please accept, Mr. President, the assurances of my highest consideration. K*ofi A. Annan THE SECRETARY-GENERAL 23 July 2004 Dear Mr. President, I have the honour to refer to Article 12 bis, paragraph 2, of the Statute of the International Criminal Tribunal for Rwanda, which reads as follows: "In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 12 of the present Statute, for the remainder of the term of office concerned." In this connection, I should like to inform you that Judge Asoka Gunawardena, a national of Sri Lanka, has resigned as a permanent judge of the International Tribunal, effective 30 June 2004. The Government of Sri Lanka has presented the candidacy of the Honourable Judge J. Asoka de Silva, a national of Sri Lanka, to replace Judge Gunawardena. Please find attached his curriculum vitae. It is my view that Judge de Silva meets the qualifications which are prescribed in Article 12 bis of the International Tribunal's Statute. I also consider that Judge de Silva's appointment would be well calculated to ensure adequate representation in the Tribunal of the principal legal systems of the world, as contemplated in Article 12 bis (1) (c) of the Tribunal's Statute. His Excellency Mr. Julian Robert Hunte President of the General Assembly New York I should, therefore, like to proceed to consult with you on the appointment of Judge de Silva, in accordance with Article 12 bis, paragraph 2, of the International Tribunal's Statute. I look forward to receiving your views on the matter. Please accept, Mr. President, the assurances of my highest consideration. Kofi A. Annan / 12:37 PAX 94 11 2446091 MIN FOR AFF SL Curriculum Vitae NAME : Joseph Asoka Nihal de Silva ADDRESS -A6, Gregory's Road, Colombo 07 CONTACT NO : 2327852 (Office) 2693727(Residence) E-MAIL : asokadesilva2002f5h'ahoo.coni DATE OF BIRTH : 17.05.1946 RELIGION : Roman Catholic NATIONALITY : Sri Lankan QUALIFICATIONS: Academic: Primary and Secondary Education at St. Anthony's College, Kandy* Bachelor of Laws, University of Ceylon, Colombo (LLB), 1971. Master of Laws, University of Colombo- (LLM), 1982 in Administrative Law. Graduate Course in Criminology at the University oflllinois in 1987 including Muslim Law, Theories of Punishment and Comparative Legal Systems. Followed a Course in Environmental Law at the International Development Law Institute, Rome, 1992 Two months Course in drafting of Commercial Agreements at the University of London in 1995. Professional: Enrolled as an Attorney-at Law of the Supreme Court in 1972. Joined the Attorney General's Department as a Crown Counsel in 1974 and rose up to the position of Senior Deputy Solicitor General in 1995. In October, 1995 appointed as a Judge of the Court of Appeal and was made the President of that Court in February, 2001. Appointed as a Judge of the Supreme Court on 01.08.2001 which is the apex Court in Sri Lanka. Presently functioning as a Senior Judge of the Supreme Court and presiding over most Benches. '^2:37 FAX 94 11 2446091 MIN FOR AFF SL LANKKf Experience: In the Attorney General's Department, I prosecuted in the original Courts. I have also represented the Attorney General in Criminal Appeals before the Court of Appeal and the Supreme Court. In the field of Fundamental Rights too I appeared on behalf of police, Armed forces and other Government Departments. On several occasions I have been nominated to function as a Judge Advocate at Court Marshall Proceedings. I was appointed head of the Corporation Division of the Attorney General's Department when it was established. Other Qualifications: 1. Lecturer and Examiner of the Sri Lanka Law College appointed by the Council of Legal Education. 2. Visiting Lecturer, University of Colombo, and University of Sri Jayawardenapura: 1985 -1986 3. Member, National Dangerous Drugs Control Board: 1990 -1992 4. Member, National Task Force to Formulate Environmental Policy. 5. Represented the country at the Rio Conference, Brazil (Sustainable Development) in 1992. 6. Attended several SAARC conferences and the Law Asia Conference. 7. Attended Conference on Refugee Problem in 1999, Delhi and Geneva, 2000. 8. Attended course for Senior Judges in Australia organized bythelDLI. 9. Followed a course in Environment Law, International Development Law Institute in Rome in 1992 10. Followed a course in Drafting Commercial Contracts and Arbitration in the University of London in 1995 Applicant Date PERMANENT MISSION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA TO THE UNITED NATIONS fe/: (212) 986-7040 630 THIRD AVENUE (20TH FLOOR) Fax:(212)986-1838 NEW YORK, N.Y. 10017 E-Mail: [email protected] Our Ref. UN/INST/102 (vol I) 9th July 2004 Mr. Ralph Zacklin Actg. Legal Counsel Office of Legal Affairs United Nations Secretariat Dear Sir, International Criminal Tribunal for Rwanda Please refer to our even numbered letter dated 24th May 2004 on the above subject. I am pleased to inform you that the Government of Sri Lanka has decided to nominate Hon. J. Asoka de Silva, Senior Judge of the Supreme Court of Sri Lanka, to the vacancy, which arises in the International Criminal Tribunal for Rwanda upon the resignation of Judge Asoka Gunawardena of Sri Lanka on medical grounds. Enclosed please find the curriculum vitae of Hon. J. Asoka de Silva. Yours sincerely, 1 In BABjSotJnetilleke AclgTPermanent Representative. JUL Cc: S/FA (Legal Advisor) Erik Mose@UNICTR To: Stadler Trengove/NY/UNO@UNHQ 14/07/2004 01 :53PM Dear Mr Trengove, I confirm that Judge Gunawardana resigned from the Tribunal with effect from 30 June 2004. (He actually left a bit earlier but it was agreed that his retirement entered into force with effect from 30 June.) It would be preferable if Judge de Silva could form part of the Bench in a single accused case here from Monday 16 August.
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