Statement

SRI LANKA: Fifth day of mourning against executive interference into the judiciary and other independent institutions — The AHRC mourns the loss of the authority of the Attorney General

When the Executive President made appointments to the Court of Appeal and the Supreme Court, ignoring the constitutional requirements that the selections be made by the Constitutional Council, he clearly ignored the advice of the Attorney General. The Attorney General had advised, months ahead, that all appointments that come under the 17th Amendment must be […]

SRI LANKA: Fourth day of mourning against executive interference into the judiciary and other independent institutions–The government is destroying rather than protecting the judiciary

A judicial system is fragile. It requires care and vigilance to ensure its efficacy and prevent destruction. It also requires a positive mindset among judges, lawyers and litigants, as well as the confidence of ordinary people.   When conditions promoting negative attitudes and habits among members of the judiciary arise, the entire judicial system can […]

THAILAND: Lower courts set important precedent on constitutional rights

Last week two lower courts in southern Thailand made important decisions with wide implications for human rights and constitutional law in Thailand. On May 23 the southern Trang Provincial Court ruled that by destroying his April ballot paper in protest at the incumbent government, Tossaporn Kanchanapamornpat had not broken the election law. It said that […]

SRI LANKA: Third day of mourning against executive interference into the judiciary and other independent institutions–Inability and unwillingness of lawyers to challenge legal wrongs

With the subjugation of the courts to the dictates of the executive since the 1978 Constitution, Sri Lankan lawyers have been facing tremendous angst. Over the past 28 years they have endured significant pressure, which has forced them to withdraw from undertaking their duties professionally. A frame of mind has developed whereby they feel unable […]

SRI LANKA: A call for a week of mourning against executive interference into the judiciary and other independent institutions – Day Two

Yesterday the AHRC announced a week of mourning following the executive president’s appointment of two judges and the president of the Appeals Court and a judge to the Supreme Court contravening the constitutional requirement for the selection of these judges by the Constitutional Council.  This followed a series of earlier appointments to independent commissions in […]

SRI LANKA: A call for a week of mourning against executive interference into the judiciary and other independent institutions

With the direct appointment of two Court of Appeal judges, the president of the Court of Appeal and one Supreme Court judge by Sri Lanka’s executive president, the judiciary has been dealt an attack more serious than any in the past. Such direct influence following a series of tragic events undermining the constitution would be […]

EAST TIMOR: Increased international support for a peaceful resolution urged as fledgling nation sinks into crisis

The Asian Human Rights Commission (AHRC) is deeply concerned by the growing crisis that has recently beset East Timor, the world’s youngest nation. Reports indicate that tens of thousands of persons have fled the capital and are seeking refuge in camps, as the result of continuing communal and ethnic violence, which has led to the […]

INDONESIA: Effective state responses needed in dealing with earthquake aftermath

The Asian Human Rights Commission (AHRC) expresses its solidarity with the victims and survivors of the earthquake that struck the city of Yogyakarta, Indonesia on May 27, 2006. It has been reported that nearly 5000 persons have been killed, while 20,000 are injured and 200, 000 have been rendered homeless. Although rescue operations are underway […]

SRI LANKA: The President of Sri Lanka is more powerful than the supreme law of the country and makes appointments to courts contravening the Constitution

The rule of law in Sri Lanka which is in abysmal decay, suffered a further major set back when the President of Sri Lanka acted as if he is more supreme than the Constitution, by making three appointments to the highest courts ignoring the Constitutional provisions which must have prevented him from doing so. This […]

PHILIPPINES: Task force on killings must start with witness protection

On May 12, the Department of Interior and Local Government formed “Task Force Usig”, a police-led investigative unit to probe the unrelenting killings of activists and family members in the Philippines. The task force has publicly admitted that the two big difficulties it has are that witnesses cannot be located or are unwilling to cooperate; […]

SRI LANKA: Failure to govern not failure of state, and its implications for human rights

The AHRC is issuing this statement to coincide with a meeting organised by a group of citizens in Sri Lanka on the theme ‘Saving Sri Lanka from the brink of disaster’, to be held on May 27 at Colombo.  For details see AHRC FS-012-2006 The state’s protection of human rights is dependent on the government’s capacity […]

SRI LANKA: Presidential ban of the Da Vinci Code film is an act of dictatorship without any basis in law

The media reported today that the Executive President of Sri Lanka, Mahinda Rajapakse, has used his presidential power to ban the Da Vinci Code blockbuster film from public screening. The Daily News, a pro-government newspaper also reported the Catholic Bishop’s Conference lauding the President for having taken this action, which reportedly came as the result […]

CAMBODIA: Police abuse their power and illegally arrest factory workers

On the morning of May 23, 2006 a police force equipped with electric batons from Dangkor district, Phnom Penh was sent to beat up and disperse a group of workers on strike in front of the Park View garment factory. During the police crackdown, two female workers Chi Noeun and Meas Vichny were badly electrocuted. […]

PAKISTAN: Venomous government official threatens freedom of press while a stale Government remains voiceless

The Asian Human Rights Commission (AHRC) condemns the attack upon The Dawn, a daily newspaper published from Pakistan, by Mr. Salahuddin Haider, the Chief Minister’s advisor on Information in the Sindh Province of Pakistan. It is alleged that on 3 May 2006, Mr. Haider made threatening remarks against the newspaper and its staff following the […]

CAMBODIA: Khmer Rouge trial a golden opportunity to advance judicial independence, not executive control

On May 7, 15 Cambodian judges and two public prosecutors were appointed to serve on the Khmer Rouge tribunal alongside 11 international judges and two prosecutors. The appointment has met with a lot of criticism that those judges and prosecutors lack adequate professional qualifications and independence, and that the trials cannot meet international standards of […]

BANGLADESH: Government’s hypocritical talk on upholding rule of law and human rights

By dismissing a case of police torture and degrading treatment on May 21, 2006, the Fourth Special Tribunal for Prevention of Women and Children Repression, under the Chief Metropolitan Magistrate’s Court of Dhaka has denied a person of her right to redress. The court has further granted impunity to the perpetrators. The judiciary is the […]

SRI LANKA: Punchihwewa denies prior knowledge of appointment to HRCSL and refuses to accept the position

In what amounts to a scandal concerning the manner in which President Mahinda Rajapaske has made appointments to the Human Rights Commission of Sri Lanka, one of the nominees and well known human rights activist, Mr. S.G.Punchihewa, revealed that he was unaware of being nominated until he saw a news item mentioning his name, following […]

NEPAL: Welcomed landmark proclamation strips King of key powers

Statement | Nepal | 21-05-2006

On May 18, 2006, with the adoption of the House of Representative’s Proclamation, the Nepalese people achieved an historic victory towards the establishment of a truly democratic state. Included in the proclamation resolution, which was approved by a unanimous verbal vote in the 205-member house, are several landmark reforms that significantly alter the country’s political […]

SRI LANKA: Proposed anti-terrorism measures will in fact bring back period of terror

Sri Lankan newspapers have reported the drafting of a new law severely curtailing civil liberties and media freedoms. Conscription is one of the provisions of the draft law. Other provisions are expected to be in line with the emergency laws of the past. This law is likened to the American Patriot Act of 2001. However, […]

INDIA: Human rights pledge to the international community needs to become reality

Statement | India | 19-05-2006

India, the self-styled world’s largest democracy, has secured its position in the newly constituted UN Human Rights Council following elections held on May 9th, 2006.  Although India’s initial period serving on the Council is limited to one year, there is much that India can do during its tenure to improve its human rights record and […]