Administration of justice

INDONESIA: Shrinking of public space on expression, association and peaceful assembly

PEACEFUL ASSEMBLY  Discussion at Yogyakarta State University Critics against the Regime Forcibly Dispersed by the Rector          Discussion and gathering that was planned by the students of Yogyakarta State University (UNY) and other academics, such as lecturers and professors, were forcibly dispersed by the Rector due to the committee of the discussion did not have permission from the rector. Previously, […]

INDONESIA:Acquittalverdict of Haris and Fatia is a victory for the freedom of expression

(Hong Kong, January 16, 2024) The Panel of Judges at the East Jakarta District Court has issued an acquittal verdict regarding the case of criminalisation against Ms. Fatia Maulidiyanti (the Director of the Commission for the Disappearances and Victims of Violence [KontraS] for the 2020-2023 period) and Mr. Haris Azhar (the Founder of the LOKATARU […]

INDONESIA: Emergency Protection for Human Rights Defenders

A Statement by the Asian Human Rights Commission on the occasion of Human Rights Day In commemorating the International Human Rights Day, the Asian Human Rights Commission (AHRC) highlights the theme of the lack of protection of human rights defenders in Indonesia. More than 20 years’ of political reform after former dictator President Suharto stepped […]

INDONESIA: The Indictment of Haris Azhar and Fatia Maulidiyanti Denounces the Right to Freedom of Expression and Opinion

The trial process of Ms. Fatia Maulidiyanti, a Coordinator of the Commission for Disappearances and Victims of Violence / KontraS 2020-2023 and Mr. Haris Azhar,the Founder of the Lokataru Foundation, finally entered the stage of reading the prosecution by the Public Prosecutor (Jaksa Penuntut Umum/JPU). However, before the Prosecutor submitted the prosecution, the legal team of Fatia and Haris also submitted documentary evidence which […]

INDONESIA: Rumah Warga di kawasan Simogunung Surabaya bukan Rumah Dinas TNI Aangkatan Udara

Hong Kong, October 26, 2023  TNI Angkat Udara (TNI AU) dalam hal ini Pangkalan Udara Muljono telah melakukan klaim sepihak terhadap ratusan rumah rumah di kawasan Simogunung sebagai Rumah Dinas milik TNI AU, klaim ini ditolak para warga yang selama ini telah puluhan tahun menempati rumah tersebut. Para warga yang sejatinya adalah para pensiunan TNI […]

SRI LANKA: IMF observations on an Independent Prosecution office for Sri Lanka

IMF in its recent report issued in September titled Sri Lanka; Technical Assistance Report-Governance Diagnostic Assessment, has directed its attention to the problems relating to the independence in conduct of prosecutions into crimes in Sri Lanka. It points to the absence of independent prosecutor in Sri Lanka and also notes that this given rise to real or perceived […]

SRI LANKA: If Tocqueville was to read our proposed Anti-Terrorism Act

By Basil Fernando Alexis Charles Henri Clérel, comte de Tocqueville is the famous author of the book Democracy in America. It is one of the world’s best known writings which have been appreciated by many philosophers, writers, thinkers and also people in many countries. It has also been translated into many languages.  Tocqueville was a […]

SRI LANKA:Imprisonment of 5 Years for Non-Arrest of A Suspect – A Good Example to Emulate

By Basil Fernando The sentencing of a former Senior Deputy Inspector General of Police for giving illegal orders not to arrest a suspect. The reported sentencing of former Senior Deputy Inspector General of Police, Lalith Jayasinghe, for giving illegal orders to prevent the arrest of a person allegedly involved in the shooting which resulted in […]

INDONESIA: Stop violence and protect Rempang residents’ rights

Hong Kong, Thursday 14, 2023 The Asian Human Rights Commission (AHRC) supports 130 Indonesian civil society organisations from the Aceh Province to the Papua Province to put pressure on the Indonesian Government, especially President Joko Widodo (Jokowi), to stop the Rempang Eco City project, stop blockades and evictions, and urge troops to unconditionally release residents of the Rempang Island of Riau Islands who were […]

SRI LANKA:The Bar Association is held to be a Public Authority under the RTI Act

(Hong Kong, September 04, 2023)  The Right to Information Commission in Sri Lanka has issued an order in terms of its powers under the RTI Act. Regarding a petition filed by an attorney at law in which the Bar Association is the respondent. The Bar Association objected to the power of the Commission on the […]

SRI LANKA:The Contempt of a Court, Tribunal or Institution Bill is Unconstitutional and Scandalizing Court is an archaic law

(Hong Kong, August 09, 2023)  ​​​​​​​Written submission to the Supreme Court on the “Contempt of a Court, Tribunal or Institution” Bill The Bill titled “Contempt of a Court, Tribunal or Institution” came for discussion before the Supreme Court on the 3rd and 4th of August. After the oral submission, written submissions were allowed to be filed by […]

INDONESIA: Stop violence and prosecute the perpetrators who attacked peaceful protesters in Padang West Sumatera

An Open Letter from the Asian Human Rights Commission to the Chief of National Police, Jakarta, Indonesia General of Police Listyo Sigit Prabowo Chief of National Police (KAPOLRI) Jl. Trunojoyo No. 3, Kebayoran Baru, Jakarta Selatan 12110 Indonesia  Tel: +62 21 384 8537, 726 0306 Fax: +62 21 7220 669 E-mail: info@polri.go.id Dear General, INDONESIA: Stop […]

SRI LANKA: Contempt of court law should not be used to create a chilling effect on lawyers and litigants

By Basil Fernando A month or so earlier, it was a lawyer practicing mainly in a High Court closer to Colombo, that contacted me and told me about his concerns about a draft Bill which has been discussed amongst his colleagues which was about the introduction a draft of a Contempt of Court Bill. He […]

SRI LANKA:How loud can you talk in a court proceeding?

By Basil Fernando This article is  a follow up to: 1. Does the proposed contempt of court Bill amount to 23rd amendment to the constitution?     2.  Is contempt of court unlike any other crime? To anyone who may be surprised by this question, we wish to remind that not too long ago, the issue became […]

SRI LANKA: The Arrest of Tharindu Uduwaragedera – Larger questions

By Basil Fernando On the larger questions raised by the arrest of Tharindu Uduwaragedera, a young journalist of very wide reputation. Tharindu Uduwaragedera who was attending a meeting on Friday (28 July) for the purpose of reporting on the meeting was forcibly dragged out of a three-wheeler, grabbed by his hair and roughly manhandled by […]

SRI LANKA:Is contempt of court unlike any other crime?

By Basil Fernando The purpose of the proposed Bill on the Contempt of Court is to criminalise the acts which may be considered to constitute the offence of contempt of court and to punish it. Clearly, this proposed Bill is meant to create offences under the contempt of court and therefore the purpose is to create […]

SRI LANKA:Does the proposed contempt of court Bill amount to 23rd amendment to the constitution?

By Basil Fernando The draft Bill entitled ‘Contempt of Court, Tribunal or Institutions’, has been included in the parliament’s order paper and the issue of the constitutionality of this Bill will now be subjected to debate. There are several key questions arising from this draft Bill. These are:- Does this proposed law amounts to repeal […]

SRI LANKA: 202nd commemorative edition of SOCIAL JUSTICE – Sri Lanka is out

The center for religion and society (CSR) Colombo has published the 202nd issue of social justice. This publication started in August 1962 and has been regularly published ever since. Regarding this issue, the publisher states that this edition’s discussion is focus on Rule of Law, Anti-Terrorism law and other issues related to Sri Lanka.  Kindly see […]

INDONESIA: The Prosecutor of the Haris and Fatia Case Behaves Like Luhut Binsar Panjaitan’s Attorney (LBP) and Restricts Trial Access in the East Jakarta District Court

The trial on the criminalization case against Ms. Fatia Maulidiyanti (Coordinator of KontraS) and Mr. Haris Azhar (Founder of Lokataru) entered the stage of examining the reporting witness, namely Mr. Luhut Binsar Panjaitan. At this trial, it became increasingly clear that the Public Prosecutor (JPU) no longer represented the interests of the State but behaved […]

SRI LANKA:Lord of the Flies Sri Lankan version Strange experiment: Making a good society through bad laws.

By Basil Fernando A strange experiment that has been taking place in Sri Lanka for several decades now has reached a peak as the present government is engaged in rapidly bringing out a series of extremely bad laws purportedly for the sake of rapidly becoming a better society. The plethora of such laws that is […]