Independence of judges & lawyers

SRI LANKA: When the law ceases to be a command that must be obeyed

By Basil Fernando A lawyer practicing in Negombo was abducted on the night of 12 July 2017 and taken to a deserted field. There six persons, two of whom were wearing camouflaged uniforms, beat him thoroughly on his back and his head, threatening him that, “you should not be messing with us,” and “you should […]

SRI LANKA: The death of Sub-Inspector Sarath Premachandra a Kafkaesque episode- විනිසුරු හැඬුවේ ඇයි?

උප පොලිස් පරීක්ෂක සරත් ප්රේtමචන්ද්රහගේ මරණය කෆ්කානු කතාවකි. එම්. ඉලන්චේලියන් විනිසුරු, ගතවූ දශක කිහිපය තුළ ශ්රීක ලංකාවෙන් බිහිවූ ශ්රේරෂ්ඨතම විනිසුරුවරයෙකි. තවමත් මහාධිකරණ විනිසුරුවරයෙක් වුවද, ඔහු උපරිමාධිකරණ විනිසුරුවරයෙකු වීමට වුව සුදුසු අයෙකි. එය එසේ වූවා නම් ඔහු උපරිමාධිකරණයේ ශ්රේධෂ්ඨ වත්කමක් වනවා පමණක් නොව ශ්රීු ලංකාවේ නීතිය හා සාමය සම්බන්ධයෙන් පවතින සතුට නූපදවන තත්ත්වය රැඩිකල් වෙනසකට භාජනය […]

SRI LANKA: The death of Sub-Inspector Sarath Premachandra a Kafkaesque episode

Justice M. Ilancheliyan is one of the greatest judges to be produced in Sri Lanka for the last many decades. He is still a High Court Judge, but he deserves to be raised to the Supreme Court. If that were to happen, he would be a great asset not only to the Supreme Court, but […]

AHRC TV: Supreme Court orders probe into Manipur killings and other stories in JUST ASIA, Episode 180

This week Just Asia begins with India, where the Supreme Court passed a historic judgment last Friday, ordering the Central Bureau of Investigation to probe into the allegations of ‘fake encounters’ by uniformed personnel in the conflict ridden state of Manipur. To ensure an impartial investigation, the Court ordered that no member of the Manipur […]

SRI LANKA: Weliamuna’s frank take on the state of the Judiciary

An interview with J.C. Weliamuna, President’s Counsel, Eisenhower Fellow, former Member of the Transparency International Global Board, and Constitutional Law practitioner in Supreme Court for over 28 years, in an interview with the Daily FT shares a frank inside view into the status of the Judicial organ of the State today forwarded by the Asian […]

AHRC TV: Calls for resignation of Pakistan’s Nawaz Sharif amidst corruption charges and other stories in JUST ASIA, Episode 179

This week Just Asia begins with Pakistan, where Prime Minister Nawaz Sharif has been found guilty of corruption by the Supreme Court’s Joint Investigation Team. The team found the Sharif family wealth to be beyond their sources of income. The country’s political parties and Bar Associations are now demanding Sharif’s resignation. Moving to Burma, the […]

SRI LANKA: How some lawyers trivialise legal proceedings

“Fr. Nandana Manatunga tortured the victim…” claims President’s Counsel, Mr. Nalin Ladduwahetty in his defence of a police constable in a torture case. The case of torture of Mr. Daundalage Pushpakumara came up today at the Court of Appeal in Sri Lanka. The court was considering a petition filed by Pushpakumara, seeking leave to appeal in […]

SRI LANKA: The Sinhala Translation of the Report of the UN Special Rapporteur for the independence of Judges and Lawyers

READ FULL REPORT – HERE ලංකාවට අවශ්‍ය අධිකරණමය සංශෝධන එක්සත් ජාතීන්ගේ මණ්ඩලයේ විනිශ්චයකාරවරුන්ගේ හා නීතිඥයන්ගේ ස්වාධීනත්වය පිලිබඳ සුවිශේෂ වර්තකාරිය වන මොනිකා පිටෝ විසින් ඇය ලංකාවට පැමිණි දුත ගමනින් පසු සකස්කොට නිකුත් කොට ඇති නිල වාර්තාව.  මහ ලේකම් කාර්යාලයේ සටහන 2016 අප්‍රේල් 29 සිට මැයි 7 වෙනි දින දක්වා ශ්‍රී ලංකාව තුල කල දුත ගමනේදී සකස් කරනු ලැබූ විනිසුරුවරුන් හා නීතිඥයන්ගේ ස්වාධීන බව […]

PAKISTAN: Human rights lawyers verbally and physically abused in court over case involving other lawyers

A Statement from Front Line Defenders forwarded by the Asian Human Rights Commission On 20 June 2017, human rights defenders Noor Ejaz Chaudhry, Usama Malik and Shabir Hussain were abused and beaten by a large group of lawyers in the courtroom of the Lahore High Court. The three lawyers are part of the defenceteam led by […]

NEPAL: Police continue using torture as the only resort in the year 2017

Statement | Nepal | 23-06-2017

A Statement by the Asian Human Rights Commission (AHRC) on the occasion of International Day in Support of Victims of Torture ‘“As a last resort,” wrote a Nepalese Inspector, “torture is practical and necessary.”’ This was reported 43 years ago in certain newspapers in the United States, in articles titled “Chilling views on torture tactics” […]

SRI LANKA: An Open Letter to the Minister of Justice

An Open Letter from Professor A.N.I Ekanayaka, Ph.D (Lond.), DDPH.RCS (Eng.), BDS Emeritus Professor, University of Peradeniya forwarded by the Asian Human Rights Commission (AHRC) 91, Epitamulla Road, Pita Kotte, Kotte June 22, 2017 Hon Dr Wijeyadasa Rajapaksha PC Minister of Justice Dear Dr Rajapaksha, Arrogant and Foolish Attempt to Deny the Persecution of Christians […]

SRI LANKA/WORLD: UN Rapporteurs point to glaring system failures in the Sri Lankan Justice system

READ Report on Independence of Judges and Lawyers  READ Report on Torture The Asian Human Rights Commission strongly endorses the reports of the United Nations Special Rapporteur on the independence of Judges and Lawyers, Ms. Monica Pinto and the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Dr. Juan E Mendez. For […]

NEPAL: Chief Justice exposes partisan politics and factionalism in the judiciary

Statement | Nepal | 09-06-2017

The Asian Human Rights Commission (AHRC) congratulates Chief Justice (CJ) Sushila Karki for successfully completing her term before retiring on 7 June 2017 due to her age. Before leaving her office, she exposed pertinent issues marring the judiciary in Nepal. The exposure buttresses the AHRC’s long-time position that there is political interference in the judiciary […]

SRI LANKA: A False confession: Did it really happen?

By Sanjeewa Weerawickrama Criminal offenses such as thefts, rapes, homicides, assaults and kidnappings should be investigated according to existing laws. A criminal investigation is team work where multiple entities are involved. Analysis is necessary to establish that a crime was committed by a particular person or persons. Reliable and correct evidence should be gathered with […]

INDIA: A clown judge is the prelude to right-wing forces completely destroying the republic

Statement | India | 05-06-2017

A former judge of Rajasthan High Court, Mr. Mahesh Chand Sharma, has claimed that a peacock does not mate with a peahen to breed, and it was because of this quality that it was declared India’s national bird. Elaborating his knowledge on the subject, Sharma said “a peahen gets pregnant after swallowing the tears of […]

SRI LANKA: A letter to the public from a retired Judge

  I am writing this to the public as a judge who has presided over the affairs of the public for 16 years as a Magistrate and as a District Court Judge. For all those 16 years, my record has been impeccable. I want to bring to the notice of the public that, due to […]

BANGLADESH: Peoples’mobilization needed to end enforced disappearances

A Joint Statement by the Asian Human Rights Commission, the Asian Federation Against Involuntary Disappearances, and Odhikar, on the International Week of the Disappeared Hong Kong/Dhaka/Manila; 25 May 2017: Enforced disappearance is universally recognized as a ‘crime against humanity’ under International Law. This crime is widespread across the world. Every year, on the last week of May, […]

INDIA: Attorney general Mukul Rohatgi says torture is alien to Indian culture. Is he right?

An article from Scroll.in forwarded by the Asian Human Rights Commission Indians have internalised the notion that criminals deserve some pain. And the country still does not have a robust law against torture. The popular Malayalam film Action Hero Biju, as the name suggests, is full of “action” performed by the “hero” Biju, a police officer in Kochi, Kerala. The […]

INDONESIA: Considering Victims to Strengthen Truth and Reconciliation Commission

The Asian Human Rights Commission wishes to inform you about an essay with title “Considering Victims to Strengthen Truth and Reconciliation Commission.”This essay reflect from the book “Just and Unjust Peace and Ethic of Political Reconciliation.” The writer also used other books to extend his view on politic of reconciliation. This essay is also reflect to the experience of politic of reconciliation in Indonesia, […]

PAKISTAN: Killing of human rights lawyer Muhammad Jan Gigyani

A Statement from Front Line Defenders forwarded by the Asian Human Rights Commission On 4 March 2017, prominent lawyer and human rights defender Muhammad Jan Gigyani was murdered by two armed, unknown assailants in Shabqadar, a small town located near the Afghan border, in Khyber Pakhtunkhwa. Muhammad Jan Gigyani was a well-known human rights defender […]