Administration of justice

SAUDI ARABIA/SRI LANKA: The imminent danger of the execution of Rizana Nafeek

According to the news received from Saudi Arabia Rizana Nafeek, who has been the Dawadami Prison since 2005 may be executed at any moment. This was revealed to the BBC Sinhala Service by Dr. Kifaya Iftekhar, who is based in Saudi Arabia and who has been looking after the interests of Rizana for several years […]

SRI LANKA: An early warning

January 8, 2013: The Beginning of Sri Lanka’s Year Zero On the 8th of January, the President of Sri Lanka will address a proposal to parliament to remove the incumbent Chief Justice Shirani Bandaranayake, based on a report by a Parliamentary Select Committee (PSC). The entire PSC process has been declared unconstitutional and null and […]

BURMA: In memoriam: Phyo Wai Aung, a courageous fighter against inhuman abuse

The Asian Human Rights Commission (AHRC) is greatly aggrieved to learn of the tragic death of Phyo Wai Aung in Rangoon, Burma during the early morning hours of 4 January 2013. Phyo Wai Aung was an aspiring young electrical engineer with a loving family when in April 2010 police arrested him at home late one […]

SRI LANKA: The Supreme Court’s decisive intervention against the impeachment

The Supreme Court of Sri Lanka, marking perhaps the greatest day of its 200 year history, today declared in a historic opinion that the Standing Order of the parliament, bearing no. 78/A, is null and void and has no effect in law. By this opinion, the Supreme Court of Sri Lanka has nullified the impeachment […]

SRI LANKA: A good case always wins when judged by an impartial tribunal

The government’s claim is that the case against the Chief Justice is an open and shut case, a foolproof case. It claims that the charges are extremely grave and that the evidence possessed by the government is monumental and black and white. If this is in fact the case, then the government has vast political […]

SRI LANKA: Should the dentists conduct trials?

Basil Fernando The state media continues their non-stop misinformation campaign on the impeachment move by the government. Several ministers also participated in this media campaign. The central topics of the campaign are that it is the charges that are important, and not the process – meaning that whether the inquiry took place by a competent […]

SRI LANKA: Acting contrary to the greater good of Sri Lanka

An article from The Sunday Times forwarded by the Asian Human Rights Commission This week, newspaper reports quoted Sri Lanka’s Defence Secretary and President Mahinda Rajapaksa’s brother accusing foreign elements of ‘using the judiciary to destabilise Sri Lanka’ (Daily Mirror, December 29th 2012). This is a classic instance of doublespeak. It is abundantly clear that, […]

SRI LANKA: Judicial independence is limited to hearing cases says Minister Rajitha Senaratne

In a morning programme on SLBC today (29th December) Minister Rajitha Senaratne was interviewed. Here are some of the basic points from what he stated in this interview: That the independence of the judiciary recognized within the 1978 constitution is only for the purpose of hearing cases; citing articles of the constitution, he took time […]

SRI LANKA: A freedom less level field -2012

Tamils living in the North and East have a complained of the loss of all their rights. Most people in the South ignored these complaints. Some even said that such deprivations are punishments for what the LTTE was. The assumption was that such treatment would not be extended to the South. However this has proved […]

PAKISTAN: A Dark Christmas in Balochistan

As the joy of Christmas dawned worldwide from Manila in the east to Managua in the west, and places in between, the spirit celebrating the birth of the Prince of Peace bypassed Pakistan. Most of the country was distracted by the frenzy of a cricket match against rival India, while its tiny Christian population was […]

SRI LANKA: Why people oppose the undermining of the judiciary

“The court system is skewed against ordinary folk,” says Malinda Seneviratne, writing a comment on my last article. His argument is that the people will not defend the courts as the court system is skewed against the people. However, people do have a reason to defend even the highly inadequate and problem ridden justice system […]

SRI LANKA: How predictions can turn out to be wrong

When the impeachment proposal was announced, the immediate reaction of many was that the outcome was pre-determined as the government has a two thirds majority in Parliament (acquired as this was even by foul means). It was therefore predicted that this would be the end of the matter. There will be rituals, like the PSC […]

PAKISTAN: A man was burned alive in the custody of the police while held on the charge of blasphemy

Dear friends, The Asian Human Rights Commission (AHRC) has received information that a man was burned alive by an enraged mob while he was in the custody of the police, held on the charge of blasphemy. The man was taken into the custody of the police and was kept in a police station overnight. The […]

SRI LANKA: Increase of crimes and constitutional tomfoolery

The construction of a government that prevents one person becoming the prey of another can be said to be the aim of constitutionalism. Ever since Montesquieu, the greatest of political thinkers and statesmen have struggled to develop principles to achieve this aim of preventing citizens becoming prey of rulers who rule not for the purpose […]

PHILIPPINES: Two urban poor leaders and 30 others falsely charged with murder

NEW REPORT: Special Report: The Philippines’ hollow human rights system http://www.article2.org/pdf/v11n0203.pdf Dear friends, The Asian Human Rights Commission (AHRC) is deeply concern by yet another filing of fabricated charges on two urban poor leaders and 30 others. The victims, who are known leaders helping urban poor in Metro Manila from forcible eviction, have been laid […]

SRI LANKA: An attempt on a lawyer’s life; an attempt to use violence against lawyers opposing the government’s move to impeach the CJ

The Asian Human Right Commission has learned that there was an attempt at the life of Gunaratne Wanninayaka, the President of Colombo Magistrate’s Court Lawyer’s Association and the Convener of People’s March. He has played a very prominent role in fighting for the independence of the Bar for several years. He has actively participated against […]

SRI LANKA: The constitution and the president’s conscience

Is the Constitution or the President’s conscience paramount in deciding the notion of legality in Sri Lanka? Abandoning the courts and the law books A person’s conscience is of course, variable.  A Presidential conscience cannot certainly be any different. In contrast, the very core of the concept known as the Rule of Law is its […]

SRI LANKA: 15th of December; a day to remember

The Bar Association of Sri Lanka passed a historical resolution today opposing the impeachment motion and avowing that, if the incumbent CJ is removed, the Bar Association will not welcome anyone who is appointed in her place. The following is a summary of the resolution given by the Lawyer’s Collective. “The President of BASL formulated […]

SRI LANKA: The Judicial Service Association (JSA) on the Parliamentary Select Committee

Dear friends, We wish to share with you the following statement issued by the Judicial Service Association (JSA) of Sri Lanka on the Findings of the Parliamentary Select Committee which probed the allegations of misbehavior of the Chief Justice of Sri Lanka.. Asian Human Rights Commission Hong Kong ————- A Statement from Judicial Service Association […]

SRI LANKA: Crisis in the University of Jaffna — A new wave of old scenarios

The Asian Human Rights Commission expressed grave concern over the present situation in the University of Jaffna. Most students are unable to attend lectures as the whole university is in a state of stalemate. The government has added a “national security” mood to the crisis, rather than taking it as a part of the problem […]