Statement

Attempts to promote Sri Lanka’s executive president as an absolute ruler continued this week through two statements (Daily News June 14, 2006) made by persons very close to the government. First, the illegally appointed Chairperson of Sri Lanka’s Human Rights Commission reportedly told the press he would seek a meeting with President Rajapakse, requesting him […]

Although there are not so many supporters anymore for the President’s appointments to the courts and several commissions, in contravention of the Constitution, there are still a few apologists. One such is Dr. Jinadasa Ilangasinghe, who in an article published in the Island on June 11, 2006 entitled Parliamentarians’ Mandate and the Constitutional Council, puts […]

The Philippines’ legislative branch has taken important steps towards implementing human rights standards in the country. On June 6, the law imposing capital punishment for heinous crimes–Republic Act No. 7659, or the Death Penalty Law–was abolished when the Senate unanimously approved Senate Bill 2254, or an Act Abolishing the Death Penalty Law. The newly approved […]

The judgment of the Court of Appeal on the application of two citizens regarding the recent appointments to the Police and Public Service Commissions by the President of Sri Lanka [CA Application 66/2006] raises some fundamental problems regarding the implementation of the Constitution of Sri Lanka. The issue raised by the petitioners was that the […]

As the government and combined military forces of the United States were cranking up and talking up the global “war on terror” in 2003, the Asian Human Rights Commission warned that deliberate efforts to undermine and relativise the absolute prohibition against torture in international law would spread and mutate into attacks on all vital principles […]

Fifty-nine years since independence, the people of Pakistan are yet to experience true democracy and the rule of law. The Provincial Governors of Pakistan and their governments exploit the opportunity of lawlessness by awarding financial as well as other privileges to the people of their choice. A current example of this is the auctioning of […]

On June 5, the regional office of the Commission on Human Rights in General Santos City, southern Philippines, formally informed torture victim Jejhon Macalinsal and two companions that it would take up their four-year-old complaint of torture against the police, if they decide to pursue it. A lawyer representing the commission told them to execute […]

The Asian Human Rights Commission expresses deep sadness on the occasion of the passing away of Suranjith Hewamanna in Colombo, Sri Lanka. Hewamanna was one of the bravest lawyers in the country during one of the hardest times faced by the judicial and legal professions. He embodied the fearlessness and conviction associated with advocacy at […]

In a recent decision, Sri Lanka’s Court of Appeal refused interim relief in a case challenging recent appointments made by President Rajapakse contravening the Constitution. The court also refuted any challenge to presidential immunity. Among other things, the court held that since the president is not a respondent of the case, the court cannot hear […]

On Monday, June 5, Angkhana Neelaphaijit together with a number of Thailand-based groups submitted in person an open letter to the recently-formed Independent Commission on Justice and Civil Liberties for the Southern Border Provinces. The commission is expected to take a lead role in addressing the continued bloodshed in the south, following in the footsteps […]

In a May 28 interview published in the Bangkok Post newspaper, Kyoto University professor Yoshifumi Tamada expresses concerns over the stability of Thailand’s democracy. Tamada is evidently unsettled by the recent anti-government protests and popular boycott of the April 2 election, which he is quoted as saying amounts to a “constitutional coup”. Tamada holds the […]

FOR IMMEDIATE RELEASE June 4, 2006 AS-131-2006 A Statement by the Asian Human Rights Commission (AHRC) SRI LANKA: Seventh day of mourning against executive interference into the judiciary and other independent institutions–Good faith and necessity no defence for President’s flouting of constitution In its previous six statements the Asian Human Rights Commission (AHRC) has set […]

The numerous appointments to key national commissions by the executive president, contravening constitutional requirements, are a very clear indication of Sri Lanka’s drift from a law-based society to one in which the law plays a significantly reduced role.  While criticism against presidential actions has pointed to matters including the fact that no person is above […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]