Statement

SOUTH ASIA: Truth is a defence against contempt of court proceedings in India

Statement | Asia | 22-04-2015

The 2006 amendment to the Contempt of Courts Act, 1971, clearly states that truth is a valid defence against contempt of court proceedings in India. This Act, number 6 of 2006 of the Indian Parliament, amends Section 13 of the Contempt of Courts Act, 1971, incorporating Sub-section (b) to Section 13. Sub-section 13 (b) reads: […]

INDIA: The missing link to fulfilling Ambedkar’s dream

Statement | India | 21-04-2015

Dr. Bhimrao Ambedkar, a social reformer and jurist, is the father of the Indian Constitution. Ambedkar, however, is better known and revered for his lifelong work against caste-based discrimination, which played a central role in bringing to the forefront the plight of untouchables in both pre-independent and post-colonial India. Today, 61 years after Ambedkar’s death, […]

BURMA/MYANMAR: Law being misused to prosecute peaceful protestors

The Asian Human Rights Commission has documented that an increasing number of peaceful protesters are being arrested and jailed under the Peaceful Assembly and Peaceful Procession Act. Citing the maintenance of peace and tranquility in the country, and ensuring the upcoming 2015 election remain peaceful, authorities, especially Administrative Officers, have filed cases against numerous peaceful […]

PAKISTAN: Detention of Mohsin Ali and Kashif Khan Kamran without trial violates the Constitution and International law

Two persons, Mohsin Ali and Kashif Khan Kamran, have been in the illegal custody of Pakistan’s security agencies since 19 September 2011, i.e. for nearly four years now. They have not been produced before any court of law since their detention commenced. The people of Pakistan are aware that these two men were brought from […]

PAKISTAN: The AHRC welcomes historic order staying military court executions

A 17-member bench of the Supreme Court of Pakistan has passed an order whereby all executions awarded by the recently established military courts are stayed until pendency of a writ petition filed by the Supreme Court Bar Association remains. The pending writ petition challenges the 21st Amendment to the Constitution, which has allowed for the institution […]

INDIA: Kerala is the sign of a republic in serious peril

Statement | India | 10-04-2015

The former Chief Whip of the ruling coalition in Kerala, Mr. P. C. George, has released a letter to the media, which he has sent to the Chief Minister of the State, Mr. Oomen Chandy. In the letter, among other accusations, George alleges that the Finance Minister of the State, Mr. K. M. Mani, had […]

PAKISTAN: Military and ISI seek to muzzle Mama Qadeer

Once again, the Military and the notorious Inter-Services Intelligence (ISI) have intervened to stop Voice of Baloch Missing Persons (VBMP) Chairman Mama Qadeer from revealing the true face of the establishment and raising his voice for the missing persons of Balochistan. Recently, On 6 March 2015, Mama, along with General Secretary VBMP Farzana Majeed and […]

PAKISTAN: Military extending tentacles to judiciary

More than 60 convicts have been hung in Pakistan since December 2014. This number is now set to rise, with the military playing its role in executing people. The military junta that has surreptitiously imposed itself upon the pillars of the state, has handed down the death penalty to six convicts over charges of terrorism […]

BURMA/MYANMAR: Government does not recognise detained students from UDE as students

Since 10 March 2015, the Burmese government has detained 70 students and their supporters in Tharawaddy Prison. Out of the 127 students arrested and detained, 70 are still being held in detention. These arrests were part of a crackdown to quash the student protest march against the National Education Law that was passed on 30 […]

INDIA: What the Judiciary should be wary about

Statement | India | 06-04-2015

The Prime Minster of India, Mr. Narendra Modi, invited the top judges of the country and the Chief Ministers of the states to his official residence for a dinner. The judges accepted the invitation and dined with the Prime Minister. This is the first time in Indian history that a Prime Minister has resorted to […]

INDIA: What else does the country expect of its criminal justice process?

Statement | India | 02-04-2015

A statement made in court by the driver of a movie actor has again exposed the abundant opportunities for exploitation of the criminal justice process in India; defending his employer, the driver has stated it was the driver, not the actor, behind the wheel when the vehicle sped out of control, killing a person sleeping […]

PHILIPPINES: Colonel defends chaining of suspects’ hands in custody in violation of police rules

On March 24, pictures of four detainees, one of them a woman, with their hands chained and padlocked together, circulated online. The photos were taken by Bong Son, a newspaper photographer, while the detainees were being transported to another detention facility in Manila City. Photo: GMA News screen grab In response to public condemnation, Senior […]

INDIA: Can caste-based discrimination end without criminal justice reforms?

Discrimination based on caste practices, including untouchability, is a deep and unhealed wound in India’s collective conscience. Caste-based prejudices adversely affect an estimated 160 million Indians. Despite a constitutional injunction and legislations that seeks to prohibit caste-based discrimination, the practice continues in India. Most tribal communities in the country also face discrimination that has its […]

INDIA: Schemes do not help people, implementation does

The Pradhan Mantri Jan Dhan Yojana (PMJDY) was launched with much fanfare and was touted at the vehicle to drive India’s poor out of financial untouchability; it remains one of the pet projects of Prime Minister Narendra Modi. A country dealing with the double whammy of a nightmarish accident toll and a virtually non-existent public […]

SRI LANKA: New government lacks credible strategy for eliminating corruption

One of the promises of Mr. Maithripala Sirisena, as common candidate at the last presidential election, was the elimination of corruption, i.e. something the last government was steeped in. Elimination of corruption is therefore a major objective of his newly elected government. His catchwords were Yaha palanaya (good governance), which itself implies radical elimination of corruption. Today, […]

BURMA/MYANMAR: Student protesters and their supporters denied legal and medical assistance in Tharawaddy Prison

Students and their supporters detained in Tharawaddy Prison continue to be denied access to lawyers. In addition, the authorities have refused medical assistance for the detainees that are injured. Thus, the government continues its persecution of the Burmese students who have taken a stand against the government’s plan with respect to education. The background to […]

SINGAPORE/WORLD: Declaring Dr. Chia Thye Poh as a Singaporean hero is a better way to commemorate the death of Lee Kuan Yew

Many, including President Barack Obama, have been paying glowing tributes to Lee Kuan Yew since the announcement of his death this morning, 23rd March 2015. However, recalling what Lee Kuan Yew did to Dr. Chia Thye Poh and many other persons who aspired for multi-party democracy and respect for the freedom of expression in Singapore […]

INDIA: Is it for the police to form a policing policy?

Arrest brings humiliation, curtails freedom and cast scars forever. Law-makers know it so also the police. There is a battle between the law-makers and the police and it seems that the police has not learnt its lesson; the lesson implicit and embodied in the Cr.P.C. It has not come out of its colonial image despite […]

SRI LANKA: To return to rule of law, more restrictions on presidential immunity required

With the people Sri Lanka ousting the Mahinda Rajapaka regime, a path opened for Sri Lanka to return to the rule of law. The 1978 Constitution masterminded by J.R. Jayewardene, of which Mahinda Rajapaksa took full advantage, was aimed at completely displacing governance by rule of law in Sri Lanka.  Therefore, it is a fair […]

INDIA: Sacrificing tribal people at the altar of development

Statement | India | 20-03-2015

Development means different things to different people; for tribal people, however, it means just one thing: getting displaced. Those designated as scheduled tribes under the Indian Constitution have suffered the curse for way too long to think otherwise. They constitute just eight percent of country’s population but almost 50 percent of the total number of […]