Institutional reform

ASIA: The mind of Junious (A Parable)

Article | Asia | 29-08-2023

By Basil Fernando This story is about Junious. Please do not think that I made a mistake in naming the hero and misspelling Junious for genius. I quite understand some people’s misunderstanding of that sort because an impression has been created and kept for a long time that Junious was in fact the genius. That […]

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 […]

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 […]

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 […]

INDONESIA: Anamicus curiaebriefon the case of Mr. Haris Azhar dan Ms. Fatia Maulidiyanti

An Open Letter from the Asian Human Rights Commission (AHRC) to the Panel Judges: 1. A case register Number No. 202/Pid.Sus/2023/PN Jkt.Tim (Suspect Mr. Haris Azhar) 2. A case register Number. 203/Pid.Sus/2023/PN Jkt.Tim (Suspect: Ms. Fatia Maulidiyanty) Jl. Dr. Sumarno No. 1, RT.7/RW.4, Penggilingan, Kec. Cakung, Kota Jakarta Timur DKI Jakarta -13940 Telp : +622148703788 | Faks […]

ශ්‍රී ලංකා:නීතියමතපාලනයහාප්‍රතිත්‍රස්ථවාදීපනත්කෙටුම්පත

බැසිල් ප්‍රනාන්දු නීතියමත පාලනය පිළිබදව වර්ථමාන කාලය තුල ලිය වී ඇති පොත් අතර ඉතාමත් ප්‍රසිද්ධියට පත් පොතක් වූයේ ටොම් බින්ග්හම් (Tom Bingham) සාමිවරයා විසින් ලියන ලද නීතිය මත පාලනය (The Rule of Law) යන පොතය. එම පොත නීතිය මත පාලනය යන නමින් සිංහලට පරිවර්ථනය කොට ඇත. එම පොතෙහි නීතිය මත පාලනය යන්න පිළිබදව ඇති නිර්වචනයය […]

ශ්‍රී ලංකා:තීරණාත්මක ජයග්‍රහණයක් : සියල්ල වීඩියෝ කරනවා : සැකකරුවන් ඝාතනය ගැන පොලිස්පති ශ්‍රේෂ්ඨාධිකරණයට දුන් මාර්ගෝපදේශ මාලාව

A Statement from The Times.lk forwarded by the Asian Human Rights Commission                                                                         පොලිසිය අත්අඩංගුවට ගනු ලබන සැකකරුවන් විමර්ශන කටයුතු සඳහා ආයුධ පෙන්වීමට […]

SRI LANKA:The proposed Anti-Terrorism Bill amounts to a parallel Constitution and a Criminal Procedure Code

Three major ‘strategies’ have been used in this draft bill on anti-terrorism 2023.which create very great confusion about the meaning of the contents of the proposed law and its implications. Three ‘strategies’ The first of these strategies is not to define the meaning of terrorism. The meaning of the key word of this document is […]

SRI LANKA: Best of Laws and the Worst of Law Enforcement – The IMF and the IGP

The International Monetary Fund (IMF) Extended Fund Facility has approved a fund to assist Sri Lanka at this time of terrible economic crisis. While there are many things to talk about that issue, we wish at the very beginning to highlight what we think is the most important issue that should be brought to the […]

ශ්‍රී ලංකා: ජාත්‍යන්තර මූල්‍ය අරමුදල හා දූෂණ මර්ධනය

IMF ආයතනය විසින් ලංකාවට විස්තීරණ ණය පහසුකම (Extended fund facility), කියන කොන්දේසිය යටතේ ණයක් දීම පිළිගෙන තිබීම, අද දින තුල වාර්තා වුනා.  මේ අවස්ථාවේ දී, ඊට අදාලව ඉතාම ප්‍රධාන කාරණාව ක අවධානය යොමු කල යුතු යැයි අපි කල්පනා කරනවා.  IMF ආයතනය, මෙම මුදල් දීමට එකඟ වීමත් සමඟම, ඒ සදහා කොන්දේසි ගණනාවක් පිළිබද ව බරපතලව සාකච්ඡා […]

SRI LANKA: The criteria for the selection of the new Inspector General of Police

The debate on who should be the next Inspector General of Police (IGP) is part of the public debate these days. The focus of this debate is more on who should be the “person” rather than what is the expectation from the new IGP in terms of the challenges faced on the one hand concerning […]

INDONESIA: The police must immediately stop the investigation and prosecution of three human rights defenders

An Open Letter from the Asian Human Rights Commission (AHRC) to the Chief of National Police  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: The police […]

SRI LANKA:Few Reflections on the Sri Lanka’s Independence Day

By Basil Fernando Read the article in Sinhala මෙම ලිපිය සිංහලෙන් කියවන්න As Sri Lanka is to celebrate its 75th anniversary of Independence on the 4th of February, the general reaction of the people around the country this year is one of despondency with serious criticisms about the failure of governance in the country.  The need […]

INDONESIA: Monitoring and Investigation of the Kanjuruhan Stadium Case

The Asian Human Rights Commission (AHRC) and the Federation of the Commission for the Disappeared and Victims of Violence (FEDERASI KontraS) wish to inform you about Preliminary Report on Monitoring and Investigation of the Kanjuruhan Stadium Case I. The condition and capacity of the Kanjuruhan Stadium The Kanjuruhan Stadium is a football Stadium owned by […]

INDONESIA: Result of the Selection Process of Ad Hoc Judges for the Human Rights Court of 2022 for the Paniai Papua Human Rights Case

The Asian Human Rights Commission (AHRC) has received information from the Commission for the Disappeared and Victims of Violence (KontraS), a prominent national human righs organization about the selection process of judges for the Paniai Human Rights Court. Responding to the declaration of the 2022 Human Rights Court Ad Hoc Judge who decided the eight […]

SRI LANKA: A Rule of Law and Anti-Corruption Ministry

By Basil Fernando At the moment, the general discussion in Sri Lanka is about the formation of a new Government. Practically speaking, that is the most immediate and urgent task. As there are many views expressed on that issue, we will not comment on it, and we assume that this issue will be resolved soon. […]

SRI LANKA: In Sri Lanka politics is imaginary but corruption is real

By Basil Fernando Politics in Sri Lanka mostly consists of the making of speeches at every place. There is lot of talk in the Parliament and there is also a lot of talk in the media shows. However, no real form of governance is taking place in the country. There is no direct relationship between […]

SRI LANKA: Parliamentarians’ Inability to Mourn

By Basil Fernando What happened on the 9th of May was a tragedy. It is a tragedy that the entire nation should genuinely mourn. Such genuine mourning has a capacity to generate reflections that could transform the thinking and practices of all those concerned about how to avoid such tragedies in the future. Such genuine […]