Statement

PAKISTAN: Intimidation of journalists continues with the attempted assassination of Hamid Mir

An explosive device was planted in the car of a renowned journalist. It is not known as to whether this was an attempt to assassinate him or merely intimidate him. A right wing journalist by his writings Mr. Hamid Mir, the anchorperson of Geo news channel, has accused some ‘state actors’ and some ‘non state […]

BURMA: Absurd and offensive pretext to remove demonstrators opposed to mining project

In the latest turn of events in the struggle against the Letpadaung copper mining project in upper Burma, about which the Asian Human Rights Commission has been campaigning since mid-2012, the government has issued an announcement ordering that demonstrators abandon their protest sites or face criminal action. In an attempt to make its order look […]

SRI LANKA: The Standing Orders relating to the impeachment are flawed in law – says an international expert

1. I am Sergei GOLUBOK. I hold postgraduate degrees of LL.M. in International Human Rights Law awarded by the University of Essex in the United Kingdom and Candidate of Juridical Sciences in Public International Law and European Law awarded by the St. Petersburg State University in the Russian Federation. In 2008-2011 I had an honour […]

SRI LANKA: Why only judges should judge?

The Parliamentary Select Committee’s inquiry has raised the issue of the politicians being judges. Some have even said that the politicians have a better right to judge because they are elected representatives of the people whereas the judges are not. The people elect their representatives for particular purposes. By the very nature of judging guilt […]

SRI LANKA: Similarities and dissimilarities between the PSC trial and the Moscow Show Trials

In the mid-1930s, Stalin staged several trials that are now known as Moscow Show Trials. The similarities and dissimilarities between them and the “trial by PSC” are as follows. 1.    Stalin’s trials had a façade of justice, in that they were conducted in a court by a judge and prosecutor, and it was an open […]

SRI LANKA: The Supreme Court requests the PSC to withhold the impeachment inquiry

The Supreme Court yesterday (November 22) decided to inform the Parliamentary Select Committee (PSC) appointed to inquire into the allegations made in the impeachment motion filed by a number of Members of Parliament against the Chief Justice. The court is inquiring into a reference made by the Court of Appeal acting in terms of Article […]

SRI LANKA: PSC rejects the request of the Supreme Court and continues with the impeach proceedings

Yesterday the Supreme Court in a carefully worded order made a request of the Parliamentary Select Committee (PSC) inquiring into the impeachment not to proceed with their inquiry until the Supreme Court made a determination on the reference made to it by the Court of Appeal. The Supreme Court referred to the good relations that […]

PAKISTAN: The people live in terror not knowing whether they will survive to see another day

Daily life in Pakistan is today marred by terrorist attacks that range from bombings to shootings and execution-style killings. All these are taking place in an environment where the law enforcement agencies are helpless to intervene. Little in the way of investigation takes place and even when the identities of the perpetrators are known no […]

SRI LANKA: Executive presidential system and the judiciary- An over-view

From the beginning of the executive presidential system, the most important threat to it was perceived to be the judiciary. With a four fifths majority in parliament, J.R. Jayawardene, the UNP leader, made sure that all his party members in the legislature surrendered their rights to him. He got this through undated letters of resignation […]

INDIA: Does impeachment of the Chief Justice in Sri Lanka matter?

The Chief Justice of Sri Lanka, Dr. Shirani Bandaranayake, is facing impeachment in that country. Those who know the state of affairs in Sri Lanka, might have no doubt, that the impeachment is politically motivated. To justify the process, the government has levelled allegations of corruption against Justice Bandaranayake. The Constitution of Sri Lanka (Article […]

SRI LANKA: The Supreme Court can now decide on the correct impeachment procedure

It is the Supreme Court that should have created the disciplinary process for judges. The executive or legislature should not have usurped the function of the judicial branch, which is an independent branch. The Standing Orders relating to impeachment of judges should only have been adopted on the advice and the approval of the Supreme […]

BURMA: Release of detainees welcome, but questions remain

The Asian Human Rights Commission welcomes the release yesterday of a few dozen political detainees in the latest amnesty announced by the government of Burma, as well as the other initiatives contained in an official news release of 18 November 2002, in particular, those aimed at working closely with international agencies on human rights, including […]

PHILIPPINES: The government must take full responsibility for the safety and wellbeing of Temogen ‘Cocoy’ Tulawie

In September 2012 the Supreme Court of the Philippines approved the transfer of the trial of Temogen ‘Cocoy’ Tulawie for murder charges from Davao City to Manila City; and at the time of writing he is now awaiting trial in Manila. Prior to this, in June 2011 the Supreme Court also granted the petition of […]

SRI LANKA: The Supreme Court should resign before the executive destroys the judiciary as a separate branch of governance through the persecution of the Chief Justice

The political attack on the Chief Justice, which is in retaliation to some independent judgements given by the Supreme Court, is quite clearly an attempt to stop the Supreme Court judges doing what they are mandated to do. It is not just an attack on one person; it is an attack on the entire Supreme […]

SRI LANKA: A heavy price will have to be paid for losing the judiciary as a separate branch of governance

The late Mr. A.C. Soyza (Bunty), a well-known criminal lawyer and the president of the Bar Association, was retained by a group of young, radical leftists, who had been charged for their political work. During the consultations in prepartion for the trial, Mr. Soyza used to chat with these young radicals. One of these young […]

SRI LANKA: A judge is in a worse position than an accused murderer or rapist

Even the worst of criminals have a right to a fair trial before an independent judiciary. A judge in an impeachment proceeding in Sri Lanka does not have that right. Article 107 of the Constitution and the standing orders as they stand now preclude that right. Is the quality of citizenship of a judge of […]

SRI LANKA: The procedure in Article 107 of the Constitution is incompatible with principle of the separation of powers and with the ICCPR article 14 says the UN Special Rapporteur

The United Nations Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul in a statement issued yesterday (November 14, 2012), stated that, “……the procedure for the removal of judges of the Supreme Court set out in article 107 of the Constitution of Sri Lanka allows the Parliament to exercise considerable control over the […]

PAKISTAN: A person was hanged after the government went back on its pledge to abolish the death penalty

Just weeks after the speech of the Foreign Minister at the UN Human Rights Council in which she explained that the government had placed a moratorium on death sentences since 2008, a condemn man was this morning executed by hanging. Mr. Hussain was an army soldier who was sentenced to death in 2009 for murdering […]

PAKISTAN: The Wali Khan Baber case — the best example of absence of witness protection

Mr. Wali Khan Baber, a correspondent of a television channel, the Geo News, was shot dead on January 13, 2011 when he was going to home after performing his duty. He was prominent on the reporting of target killings, land grabbing and drug related issues. The case has been pending in the Anti Terrorist Court […]

CAMBODIA: President Obama’s visit and the serious problems about democracy and rule of law

The visit of President Obama to Cambodia between November 17-20 should be an occasion to ask some vital and serious questions regarding the commitment of the United States, the European Union, the United Nations and the international community on the issues of democracy, the rule of law and human rights. To be very blunt the […]