Administration of justice

SRI LANKA: All policy and no principles lead to catastrophe

Comments on the views of Rajpal Abeynayake and Nath Amarakoon on judicial review Basil Fernando The SLBC programme inappropriately entitled “People’s Power” is continuing with its misinformation campaign against basic principles of constitutionalism. On the programme that aired on the 13th of December, there were amusing misinterpretations of the constitutional history of the United States, […]

WORLD: An interview with Noam Chomsky — Nothing can justify torture

Professor Noam Chomsky is an Institute Professor and Professor (Emeritus) in the Department of Linguistics & Philosophy at Massachusetts Institute of Technology (MIT). He was educated at the University of Philadelphia and at Harvard University as a Harvard Junior Fellow. He earned his PhD in Linguistics from the University of Philadelphia in 1955. He has […]

SRI LANKA: Parables – The ruler and the thinking citizen

Once a ruler told one of his country’s citizens, Mr. Thinking citizen, you have told me some very beautiful principles. For example, you have said that any inquiry against anyone must be fair, and you have explained what fairness means. But you do not seem to understand that I do not like principles. The thinking […]

SRI LANKA: Impeachment motion – Letter to the President, BASL

Dear friends, The Asian Human Rights Commission (AHRC) wishes to forward you the following letter from Mr. S.L. Gunasekara, Attorney-at-Law. Asian Human Rights Commission Hong Kong ———————— A Statement from Mr. S.L. Gunasekara forwarded by the Asian Human Rights Commission (AHRC) Here is full text of the letter sent to the President of the BASL, […]

SRI LANKA: The fight against reducing the judiciary to a government stooge

The letter written by the senior and well-respected lawyer SL Gunasekara provides a very thought-provoking approach to dealing with the present impasse created by the government’s wish to proceed with the impeachment against the Chief Justice Shirani Bandaranayake, which they are doing irrespective of the request made by the Supreme Court to delay proceedings on […]

SRI LANKA: The shameful ending of a prefab impeachment

Dear friends, We wish to share with you the following article from the Asian Tribune, written by Tisaranee Gunasekara. Asian Human Rights Commission Hong Kong ————- An article from the Asian Tribune, forwarded by the Asian Human Rights Commission Tisaranee Gunasekara “The first waves of a sea of fire….” Ivo Andrić (The Bridge over the […]

SRI LANKA: Reducing of Sri Lanka’s judiciary to a snarling mockery

Dear friends, We wish to share with you the following article from the Sunday Times, Colombo, Sri Lanka, written by Kishali Pinto Jayawardena. Asian Human Rights Commission Hong Kong ————- FOR IMMEDIATE RELEASE AHRC-FAT-051-2012 December 9, 2012 An article from the Sunday Times, forwarded by the Asian Human Rights Commission SRI LANKA: Reducing of Sri […]

SRI LANKA: Chief Justice’s impeachment hearing violates due process

Dear friends, The Asian Human Rights Commission (AHRC) wishes to forward you the following statement from the International Commission of Jurists (ICJ) Asian Human Rights Commission Hong Kong ———————— A Statement from the International Commission of Jurists (ICJ) forwarded by the Asian Human Rights Commission (AHRC) SRI LANKA: Chief Justice’s impeachment hearing violates due process […]

SRI LANKA: PSC continues with the fake inquiry

Yesterday (6th December) Chief Justice Shirani Bandaranayake and her legal team walked away from the PSC inquiry after clearly stating that she had no faith in it. Subsequently, she has written to the Speaker Chamal Rajapaksa through her lawyers and clearly set out that the PSC does not qualify in terms of the constitutional requirements […]

SRI LANKA: We salute the Chief Justice and her legal team for the historical decision to walk out of the PSC proceedings.

We call upon the people, in particular the judges and lawyers, to grasp the historic significance of this moment It is news now that the Chief Justice Shirani Bandaranayake and her legal team, led by Romesh De Silva PC, walked away from the Parliamentary Select Committee proceedings, expressing no confidence in the manner in which […]

SRI LANKA: Speaker’s ruling has no bearing upon the substantive issues in the impeachment

The Speaker’s ruling relating to the Supreme Court’s notice to the Speaker and the members of the Parliamentary Select Committee does not in any way prohibits the constitutional right of the Court to entertain and to determine the Reference made by the Court of Appeal for a specific question relating to the scope of Article […]

SRI LANKA: Legality of government actions rendered politically irrelevant

This week, a committed New Delhi based civil rights advocate and incidentally a good friend, observed in a dispassionate aside to an otherwise entirely different conversation in that country that ‘this situation that Sri Lankans are facing regarding the political impeachment of the Chief Justice is quite alien for us to grasp here, even in […]

INDIA: Is it not time to question the role of police in crowd control?

Statement | India | 30-11-2012

The Surendranagar firing that killed three Dalit youth on 21 September this year has once again brought to light the concern, that in India, the police do not have adequate training nor the government has necessary resolve to overhaul the police service into one that fits a modern democracy. An affidavit filed by the Gujarat […]

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: 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: Drawing back from a ruinous precipice

Dear friends, We wish to share with you the following article from the Sunday Times, Colombo, Sri Lanka, written by Kishali Pinto Jayawardena Asian Human Rights Commission Hong Kong ————- FOR IMMEDIATE RELEASE AHRC-FAT-044-2012 November 18, 2012 An article from the Sunday Times, forwarded by the Asian Human Rights Commission SRI LANKA: Drawing back from […]

SRI LANKA: It’s Not Mahinda vs. Shirani; It’s the Rajapaksas vs. the Rest

No questioning arises from subservient lips”. Andrée Chedid (For Rushdie) Ideally Chief Justice Shirani Bandaranaike would have prevented her husband from accepting Rajapaksa largesse; ideally. Ideally, the Supreme Court would have resisted the 18th Amendment; ideally. Ideally the term-limit provision would be in place and a post-Rajapaksa future just five years away; ideally. But as […]

INDIA: Despicable policing

Statement | India | 12-11-2012

Once again, the country’s judiciary has underlined the fact that there is something fundamentally wrong with the police in India. On 7 November, the Chief Justice of Karnataka High Court, Justice Vikramajit Sen, while hearing a case said, “I never understand why the police always take the side of villains. Whether it is Haryana or Karnataka, […]

SRI LANKA: Make the Impeachment Boomerang on the Rajapaksas

Dear friends, We wish to share with you the following article written by Tisaranee Gunasekara who is a Sri Lankan columnist based in Colombo Asian Human Rights Commission Hong Kong ————- An article written by Tisaranee Gunasekara, forwarded by the Asian Human Rights Commission SRI LANKA: Make the Impeachment Boomerang on the Rajapaksas Tisaranee Gunasekara […]

SRI LANKA: Now there is no justice

When I talked to a Sri Lankan friend about the killings of prisoners which happened yesterday and tried to convince him that people should demand justice, his instance reply was, “ Dhang justice naah” (now there is no justice) . In the past, this expression meant that there were serious concerns about justice. However, now it […]