Administration of justice

SRI LANKA: Suspend PTA immediately – UN Experts tells GOSL

By Basil Fernando  The Sri Lankan delegation to the United Nations Human Rights Council (UNHRC) suffered a great setback when its promise to amend the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 as amended (PTA) was responded to by the 16 UN special experts calling on the Government of Sri Lanka (GoSL) […]

SRI LANKA: UN experts call for swift suspension of Prevention of Terrorism Act and reform of counter-terrorism law

GENEVA (2 March 2022) – UN human rights experts* have called for an immediate moratorium on the use of Sri Lanka’s Prevention of Terrorism Act (PTA), and urged the Government to substantively review and revise the legislation to comply with international human rights law. “There is a grave risk to the rights and liberties of […]

INDONESIA: 33 Years of Talangsari 1989: Changing Policies That Remain Unfavorable to Victims and Justice

According to various data and information, in the Talangsari massacre, 130 people died, 77 people were forcibly evicted, 53 people experienced the deprivation of liberty and 46 people experienced torture. “The process of resolving the Talangsari massacre has dragged on and the victims have waited too long for legal certainty. On the 33 years of […]

SRI LANKA: The Contempt of Court Law and Practice In Sri Lanka Violates the International Law and Sri Lankan Constitution

Asian Human Rights Commission (AHRC) , a Regional Human Rights Organization, having seriouslyobserved and studied the manner in which the Contempt of Court law and the way it is practiceLin Sri Lanka, wish to express its deep concern over the violations of International law and the Sri Lankan Constitution itself, by depriving protection of law […]

INDONESIA: Withdraw police officers and stop the seizure of people’s living space in the Wadas village

An Open Letter from the Asian Legal Resource Centre to the Chief of National Police General of Police LISTYO SIGIT PRABOWO Chief of National Police (KAPOLRI) Jl. Trunojoyo Number 3 Kebayoran Baru, Jakarta Selatan 12110 INDONESIA Telephone: +62 21 384 8537, 726 0306 Fax: +62 21 7220 669 Electronic mail: info@polri.go.id Dear General: INDONESIA: Withdraw police […]

SRI LANKA: What Is The Greater Wrong – Contempt Of Court Or Illegal Detention?

By Basil Fernando In two occasions, the United Nations Human Rights Committee (UNHRC) held in two separate cases decided by the Sri Lankan Supreme Court related to contempt of court that the punishment imposed by the Court amounted to disproportionate punishment and that such punishment amounted to illegal detention. The UNHRC held that on both […]

INDONESIA: Urging inquiry and investigation related to the death of Mede Nurlatu at the mining area of the Botak Mountain

February 09, 2022 An Open Letter from the Asian Legal Resource Centre to the Chief of National Police General of Police LISTYO SIGIT PRABOWO Chief of National Police (KAPOLRI) Jl. Trunojoyo Number 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: […]

INDONESIA: Investigate and Prosecute Cases of Violence Allegedly Committed by Police Officers Against Ridwan at Nunukan Regency, North Kalimantan

The Asian Human Rights Commission (AHRC) regrets the repeated allegations of violence by security forces, this time experienced by Ridwan (21) at Nunukan Regency, North Kalimantan Province. The victim was allegedly subjected to violence by 10 (ten) police officers. The violent incident is known to have occurred in several locations, specifically in front of the […]

SRI LANKA: Making a Constitution for a traumatised nation

By Basil Fernando Sri Lanka, as it faces the worst crises in terms of the economy, the society, culture and the legal and moral norms on which the society exists, is today a highly traumatised nation. All the norms of a civilised society are in the worst crisis that Sri Lanka has experienced in recent […]

SRI LANKA: Participatory Constitution-making – The essentials

By Basil Fernando Today, there is a consensus that Sri Lanka has entered into a period of crisis that is worse than it has ever faced in recent history. It is also agreed among most of the people who are highly knowledgeable in the field of economics and financing that this crisis will last for […]

SRI LANKA: Who should be in the constitutional convention?

The making of a new Constitution through a constitutional convention is now being discussed in the community. This is against the privately-drafted Constitution through a group of lawyers which the Government intends to introduce in early 2022. The difference between such a Constitution and one that is made with the participation of many groups and […]

SRI LANKA: Legal arguments against the proposal to present the draft Constitution

The basic legal argument against the proposal to present the draft Constitution is as follows; The proposal is based on a false premise as it denies the process of the making of the Constitution whereas it must provide everyone and every group of people the right of participation as it is a Constitution of the […]

SRI LANKA: Fake constitutions create irrational societies

By Basil Fernando A fake Constitution alters the rules of logic that are the basic foundations of a good constitution. The change of logic leads to irrationality. The spread of irrationality into public institutions creates rotten systems within such public institutions. Where the public institutions go rotten, every aspect of social life comes into severe […]

INDONESIA: Pontianak District Court Decision not serious in Judging Cases of the Destruction of the Mosque Built by Ahmadiyya

In the case of the destruction of the Miftahul Huda Mosque, a total of 22 defendants were involved. On Thursday, January 6, 2022, the Pontianak District Court held a hearing with the agenda of a verdict against 21 defendants in the case of the destruction of the Miftahul Huda Mosque which was built by the […]

INDONESIA: Investigate the 2014 Paniai Case: The Attorney General Needs to Examine the Involvement of the TNI Commander in the Paniai Case

The Asian Human Rights Commission (AHRC) supports the Commission for the Disappearances and Victim of Violence (KontraS) highlighting several things about the beginning of an investigation of serious human rights violations in Paniai, Papua that occurred on 7 – 8 December 2014 by the Attorney General’s Office. Previously, the AHRC has issued an urgent appeal […]

INDONESIA: Questioning the Ministry of Health for the maladministration of imposing Covid-19 treatment costs to patients

Five victims in relation to the cost of Covid-19 treatment together with the Community Coalition for Access to Health Justice made a direct complaint to the Ombudsman of the Republic of Indonesia. The complaint was made on suspicion of the maladministration carried out by several Covid-19 referral hospitals that charged patients with Covid-19 care and […]

INDONESIA: Constitutional Court Decision on the Review of the Omnibus Law Regulation: a decision that mocks the Constitution and the people

On November 25, 2021, the Constitutional Court in its judgment Number 91/PUU-XVIII/2020 stated in essence: 1. The Establishment of the Law Number 11 of 2020 concerning Job Creation is contrary to the 1945 Constitution and does not have conditionally binding legal force as long as it does not mean “no amendments have been made within two […]

INDONESIA: Nineteen Civilians Shot With Rubber Bullets and Seriously Injured

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME Urgent Appeal Case: AHRC-UAC-016-2021  December 15, 2021 ——————————————————————— INDONESIA: Nineteen Civilians Shot With Rubber Bullets and Seriously Injured ISSUES: Access to justice, impunity, remedy, excessive use of force, torture, fair trial ——————————————————————— Dear Friends, The Asian Human Rights Commission (AHRC) has received information from the Commission for […]

SRI LANKA: A People’s Constitution; The Need To Think Outside The Box

By Basil Fernando The discussion on the making of a new constitution through an intensely participatory process, as against underhand methods, is now on. These are a few thoughts as a response to some questions that are being discussed. In dealing with the problem of the 1978 Constitution, we are in fact confronted with the […]

SRI LANKA: Court order prohibiting Human Rights Day event in Kandy

A Statement from Human Rights Office Kandy forwarded by the Asian Human Rights Commission Human Rights Office Kandy (HROK) had organized an event to celebrate international Human Rights Day on 11th December 2021 in Kandy, based on the theme “Ensure the Prisoners their Dignity and Rights to Human Conditions”. As in previous such events, a […]