Independence of judges & lawyers

ASIA: Professional independence of judges and lawyers central to the protection and promotion of human rights, the rule of law and democracy in Asia

Statement | Asia | 15-04-2013

The following is a statement issued by a group of Asian jurists, who met from 9-11 April in Bangkok, to discuss about threats to professional freedom of lawyers and the independence of the judiciary in Asia. Jurists from Sri Lanka, India, Nepal, Bangladesh, Pakistan, Burma, Thailand, Indonesia, Philippines, South Korea, Vietnam, and Hong Kong attended […]

INDIA: An association for families victimised of extrajudicial execution

Statement | India | 05-04-2013

The present case appears to be one where two persons along with some others were just seized from a hut, taken to a long distance away in a truck and shot there. This type of activity cannot certainly be countenanced by the courts even in the case of disturbed areas. If the police had information […]

SRI LANKA: Justice denied for a litigant at courts by the corrupt practices of the Peradiniya Police

Dear friends, The Asian Human Rights Commission (AHRC) has received information that Mr. Gopalan Surendra (32) was involved in a minor traffic accident. When the police ‘arranged’ a lawyer for him Surendra decided to employ his own. This angered the police and they have intentionally delayed his case which should have been an open and […]

PAKISTAN: Government must ensure the safe recovery of four abducted human rights defenders

The Asian Human Rights Commission (AHRC) condemns the abduction of four human rights defenders in broad daylight by persons said to be from an outlawed religious organization. The unknown armed persons abducted six workers of a NGO including, two lady workers. However, after some time they threw the two women out of the vehicle and […]

SRI LANKA: The Comments of S.N Silva – the archenemy of rule of law

Sarath Nanda Silva is heavily quoted in SLBC programmes trying to criticize the Supreme Court judgment relating to the question on the interpretation of law referred to it by Court of Appeal. He says that the Supreme Court has not properly interpreted the words “or standing orders” as found in Article 107(3) of the constitution. […]

SRI LANKA : The last five days of Sri Lanka’s democracy

AHRC declares a week of concern for threats against the independence of the judiciary in Sri Lanka The Asian Human Rights Commission alerts all concerned persons in and outside of Sri Lanka to the possibility that a five days from now there may not be a judiciary that can exercise judicial power with independence in […]

SRI LANKA: An early warning

January 8, 2013: The Beginning of Sri Lanka’s Year Zero On the 8th of January, the President of Sri Lanka will address a proposal to parliament to remove the incumbent Chief Justice Shirani Bandaranayake, based on a report by a Parliamentary Select Committee (PSC). The entire PSC process has been declared unconstitutional and null and […]

SRI LANKA: The Supreme Court’s decisive intervention against the impeachment

The Supreme Court of Sri Lanka, marking perhaps the greatest day of its 200 year history, today declared in a historic opinion that the Standing Order of the parliament, bearing no. 78/A, is null and void and has no effect in law. By this opinion, the Supreme Court of Sri Lanka has nullified the impeachment […]

SRI LANKA: A good case always wins when judged by an impartial tribunal

The government’s claim is that the case against the Chief Justice is an open and shut case, a foolproof case. It claims that the charges are extremely grave and that the evidence possessed by the government is monumental and black and white. If this is in fact the case, then the government has vast political […]

SRI LANKA: Should the dentists conduct trials?

Basil Fernando The state media continues their non-stop misinformation campaign on the impeachment move by the government. Several ministers also participated in this media campaign. The central topics of the campaign are that it is the charges that are important, and not the process – meaning that whether the inquiry took place by a competent […]

SRI LANKA: Why people oppose the undermining of the judiciary

“The court system is skewed against ordinary folk,” says Malinda Seneviratne, writing a comment on my last article. His argument is that the people will not defend the courts as the court system is skewed against the people. However, people do have a reason to defend even the highly inadequate and problem ridden justice system […]

SRI LANKA: Rajpal Abeynakaye calls Chief Justice John Marshall a “cunning” and “devious” person and Justice Vigneshwaran a schizophrenic

In today’s ( December 24) SLBC program, most inappropriately called “People’s Power” – a better name would have been “A Voice from the Political Gutters” – Rajpal Abeynayake, the commentator, labeled America’s greatest judge a “cunning” and “devious” person. The commentator also called one of the most respected retired judges of the Supreme Court, CV […]

LAOS: Somphone Disappearance — Test for Laos as World Watches

Statement | | 22-12-2012

The inaction of the Laotian Government with regard to the enforced disappearance of Mr. Sombath Somphone on December 15th is worrying. The Asian Human Rights Commission joins the request made by civil society groups and the diplomatic groups inside Laos, and echoed by numerous international groups and institutions, including the European Union and the United […]

SRI LANKA: An attempt on a lawyer’s life; an attempt to use violence against lawyers opposing the government’s move to impeach the CJ

The Asian Human Right Commission has learned that there was an attempt at the life of Gunaratne Wanninayaka, the President of Colombo Magistrate’s Court Lawyer’s Association and the Convener of People’s March. He has played a very prominent role in fighting for the independence of the Bar for several years. He has actively participated against […]

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 […]

BANGLADESH: Businessman remains missing for ten years while police deny credible investigation – family struggles to survive despite attacks from thugs

Dear friends, The Asian Human Rights Commission (AHRC) has received information that a businessman named Mr. Md. Karamat Ali of Satkhira district town has been missing for ten years. Md. Hossain Ali, the prime suspect in the disappearance of the victim, has run a business right in front of the police station for the past ten […]

BANGLADESH: Female human rights defender molested, sexually harassed, and suspended from her position as school teacher for standing up for a victim of gang-rape

Dear friends, The Asian Human Rights Commission (AHRC) has received information that a female human rights defender, Mrs. Shampa Goswami, is facing suspension from her job as teacher for standing up for a victim of gang rape. The alleged perpetrators, well connected to influential political leaders, have been directly attacking her person, by circulating doctored […]

BURMA: Court sentences ailing Phyo Wai Aung to death after patently unjust trial

CAMPAIGN PAGE: FREE PHYO WAI AUNG http://www.humanrights.asia/countries/burma/phyo-wai-aung ——————————————————————— Dear friends, The Asian Human Rights Commission (AHRC) regrets to inform you that a judge in a closed courtroom at the central prison in Burma on May 8 sentenced Phyo Wai Aung, the accused in a bombing case arising from April 2010 to death after a patently unjust […]

INDIA: Judge, judge thyself

Statement | India | 26-04-2012

The attempt by the Supreme Court of India to draw-up operative principles for the media outlining the contours of Article 19 (1) (a) of the constitution is an exercise that the Court should not venture into. In fact, the Court does not have a constitutional mandate to do so. It is within the realm of […]