Independence of judges & lawyers

SRI LANKA: Letter to the JSC by the Asian Human Rights Commission

17th February 2017 Mr Pradeep Jayatilake  Secretary  Judicial Service Commission  Hulftsdorp St,  Colombo 12,  Sri Lanka Dear Mr Jayatilake, Letter to the JSC by the Asian Human Rights Commission  Over five years of investigation into a baseless and malicious allegation against a District Judge, (now retired) Mr B. A. R Somasinghe I am writing to […]

PAKISTAN: The state of Balochistan – a millennial Hazara lawyer’s view

By Jalila Haider Karmal It seems like yesterday when my senior lawyers, colleagues, and mentors were smiling, giggling, taunting, and guiding; it was business as usual at the District Courts in Balochistan. This business as usual was all taken away from me suddenly. The morning of 8 August 2016 brought dramatic changes to my life; […]

नेपाल: न्यायालयप्रति विश्वसीनयताको क्षयीकरण

शैलेन्द्र प्रसाद हरिजन (अम्बेडकर) न्यायपरिषद्का अध्यक्ष तथा सम्माननीय प्रधान न्यायधीश शुशिला कार्कीज्यूले मंसिर ३ गतेका दिन सप्तरीको राजविराजमा पत्रकारहरुसँग कुरा गर्दै “बुहारीलाई घुम्टोमा राख्ने अनी समावेशी भएन भन्ने ? जहाँपायो त्यहीँ समानुपातिक समावेशी सिद्धान्त लागू गर्दा समस्या आउछ । पढेलेखेका योग्य व्यक्तिहरुलाई पनि हेर्न जरुरी छ । बुहारीलाई नपढाउने, घुम्टोभित्र राख्ने अनि समावेशीको कुरा गर्नु […]

SRI LANKA: The job of a judge is to do justice, regardless of nationality

Article | India | 06-01-2017

Concerns have been raised about the preliminary report of the Consultation Task Force (CTF), particularly about hybrid courts and foreign judges. It should be remembered that this report and its recommendations have not been finalized. Additionally, at the very beginning of the report, the CTF write that they are not making extensive recommendations themselves, but […]

SRI LANKA: The Minister of Justice wants to add a joke into the statute book as an amendment to the criminal procedure code

Basil Fernando A new dimension was added to the debate on the proposed amendment to the criminal procedure code when the Minister of Justice attempted to defend the amendment on the basis that it is required to enable investigations into crime. The proposed amendment is that lawyers would not be able to represent people at […]

AHRC TV: Pakistan’s Imdad Ali to be executed and other stories in JUST ASIA, Episode 141

This week Just Asia begins with an update regarding the execution of mentally ill Imdad Ali. Pakistan’s Supreme Court rejected his mercy appeal, and has set his execution for Tuesday, October 4. The Supreme Court decision arrives despite four United Nations human rights experts having urged authorities in Pakistan to halt Imdad Ali’s execution. The […]

PAKISTAN: Supreme Court shows incompetence in dismissing appeal of mentally ill Imdad Ali

The Supreme Court of Pakistan has upheld the death penalty against a mentally ill person, Mr. Imdad Ali, thereby overturning a previous appeal and a court decision staying his execution. The Supreme Court decision arrives at a time when four United Nations human rights experts have urged authorities in Pakistan to halt the execution of Imdad Ali, […]

THAILAND: Government redress for Karen people in Kaeng Krachan National Park

On 7 September 2016, the verdict in the landmark case of the Karen people was delivered from the Central Administrative Court in Thailand. It ruled that the authorities did not break the law in burning down six Karen plaintiffs’ properties to forcibly relocate them from the Kaeng Krachan National Park. The Asian Human Rights Commission […]

THAILAND: Rights of suspects under Martial Law must be respected; prohibition on visits by family must end

(4 September 2016) On 31 August 2016, at 13:30, four men suspected of crimes in Thailand’s Deep South were taken into custody (although they were usually called “invitees” and not “detainees” by the authorities). Three were subsequently released, though one, Mr. Manasae Zoroae, 26, continued to be held at Ranger Taskforce 43 inside the Ingkhayutthaborihan […]

PAKISTAN: Suo motu action on massacre of lawyers must be independent and effective

The dust has barely settled on the Quetta carnage and killing of lawyers that another attack has taken place against the Judiciary. On 2 September 2016, terror once again visited District Court Mardan, Peshawar, KPK Province. The modus operandi was similar: a suicide attacker lobbed a hand grenade before exploding himself at the main gate […]

WORLD: Asian Charter on Human Rights – it’s significance and purpose

Statement | World | 02-09-2016

On 17th March 1998, the Asian Human Rights Charter, or the People’s Charter, was launched in Gwangju City. The work for the Charter was the exclusive initiative of the Asian Human Rights Commission, supported by hundreds of organisations and a large number of individuals. All the supporting organisations were named in the back cover of […]

PAKISTAN: CPEC being paved with the blood of Baloch lawyers

August 8, 2016, will forever remain etched on the collective memory of the nation for years to come. The planned suicide attack on the lawyers, the crème de la crème of our society, shows the vindictive designs of the establishment. The State has aided and abetted non-State actors to silence the voices of dissent against […]

AHRC TV: Lawyers targeted in Quetta and other stories in JUST ASIA, Episode 134

This week Just Asia begins with the senseless and brutal attack on lawyers in Quetta, Balochistan on August 8. The blast killed 97 persons, including 63 lawyers, and more than 120 persons including women and children were injured. The attack occurred amidst a gathering to pay respects to the assassinated President of the Bar Association. […]

THAILAND: Structural and legal threats to free expression in referendum process

By Phattranit Yaodam and Samira Saran August 7, 2016 is scheduled for the constitutional referendum by the Thai Military government and the National Council for Peace and Order (NCPO), the junta-ruling body. It is during times of political change that the right to freedom of expression is most essential, ensuring that a well-informed and empowered […]

INDIA: Gang rape survivor gang raped by the same accused again

Statement | India | 19-07-2016

In a rule of law jurisdiction, the story of a victim of gang rape being raped by the same accused against whom court proceedings continue, might be outlandish. But, in India today, these are the common stories that confront anyone willing to see reality: A Dalit gang rape survivor has allegedly been gang raped again […]

AHRC TV: JUST ASIA, Episode 130

This week’s episode begins with the death of Abdul Sattar Edhi, a philanthropist known as Pakistan’s “Father Teresa”. Edhi died after a prolonged illness on July 8. Edhi spent his life building up an organization that has fed, clothed, offered medical services, and provided shelter to many Pakistanis. From a single ambulance, the Edhi Foundation’s […]

AHRC TV: JUST ASIA, Episode 127

Beginning with Thailand this week, Just Asia covers three human rights defenders who have been accused of criminal defamation and violation of the Computer Crime Act for publishing a report detailing 54 cases of torture by the Thai Army in the country’s southern provinces. The three defenders, Pornpen Khongkachonkiet, Director of the Cross Cultural Foundation […]

AHRC TV: JUST ASIA, Episode 126

This week Just Asia begins with the attack on a peaceful public protest in North Sulawesi, Indonesia on June 1, calling for professionalism by parliamentarians, and the prosecution of those involved in illegal drugs. While waiting to have a dialogue with some parliamentarians at the Manodo parliament office, the student protesters were suddenly attacked by […]

SRI LANKA: An Article titled “Before we lose public confidence”

An Article titled “ Before we lose public confidence”, by Kamal Suneth Perera, Attorney-at-Law, which was published in the Daily News Issue of 6th June 2016, following the conclusion of the 2016, National Law Conference, in Colombo, Sri Lanka, forwarded by the Asian Human Rights Commission, Hong Kong. By Kamal Suneth Perera, Attorney-at-Law http://www.dailynews.lk/?q=2016/06/06/features/83776 This […]

AHRC TV: JUST ASIA, Episode 125

This week Just Asia begins with the growing demands in Bangladesh seeking the return of disappeared persons. Families are taking to the streets and holding press conferences to voice their concern and seek justice. On May 26, relatives made a ‘human chain’ in front of Dhaka’s National Press Club, and were joined by prominent human […]