Judicial system

30 years ago, Richard de Zoysa was abducted and disappeared. His dead body was later found on a beach. During the same period, literally tens of thousands of persons throughout the country were also disappeared, and none of the cases relating to such disappearances have been resolved through genuine investigations and prosecutions. Indeed, the process […]

By Basil Fernando This article is about the manner in which unscrupulous lawyers could manipulate delays in the law to their personal advantage. This type of behavior is now a permanent feature in Sri Lanka’s legal system. Analysis of the methods used for such manipulation are based on experiences from actual cases. Reflections on the […]

A Written Submission to the 43rd Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Centre (ALRC) draws attention of the United Nations Human Rights Council and its Special Procedures about the institutionalised practice of torture in Bangladesh, which is an incumbent member of the […]

In many countries in Asia, it has become common for the state to use ultra-violent methods to control or deny the civil rights of people. Several countries used enforced disappearance as such method of ultra-violently suppressing civil rights. Extrajudicial killings are justified under various pretexts, such as control of the drug trade; or achieving constitutional […]

The South China Morning Post recently published a report quoting Colonel Romeo Caramat stating that the Philippines’ ultra-violent approach in curbing drugs has not been effective. He further went on to say that “shock and awe definitely did not work”. The drug supply is still widespread and illicit drugs can be obtained anywhere, anytime in […]

Thai authorities or Thai poultry company Thammakaset Company Limited should immediately drop criminal defamation complaints against Puttanee Kangkun and other human rights defenders, Fortify Rights said today. On December 6, Thammakaset filed a complaint against Puttanee with the Bangkok Southern Criminal Court for 14 social media engagements expressing support for human rights defenders. Puttanee is […]

Bangladesh’s incumbent government, headed by Sheikh Hasina, continues curbing civic space and muzzling freedom of expression. The latest target has been Netra News – an investigative news portal launched from Sweden on 26 December 2019. Bangladesh government blocked access to the news portal within 72 hours of its launching with a report entitled “A wrist of luxury”. The […]

An incident was reported in December 2019 from India regarding the gang rape of a woman and what happened thereafter. The news of the gang rape stirred up a massive protest from many parts of India. Among those who were involved in the protest were sections of the intelligencia of India such as Professors, doctors, […]

A Joint Statement by the Asian Human Rights Commission, Asian Federation Against Involuntary Disappearances, and Odhikar on the occasion of International Human Rights Day Dhaka/Manila/Hong Kong, 10 December 2019: On International Human Rights Day, the Asian Federation against Involuntary Disappearances (AFAD), the Asian Human Rights Commission (AHRC), and Odhikar pay tribute to and stand in […]

An Oral Statement to the 18th Session of the Assembly of State Parties to the Rome Statute of International Criminal Court by the Asian Legal Resource Centre (ALRC) Mr. President, distinguished colleagues, and Excellencies: First of all, please allow me to reaffirm that the Asian Legal Resource Centre (ALRC) stand by the International Criminal Court […]

One month since Professor Muhammad Ismail was arbitrarily detained, he is still languishing in prison on trumped-up charges of ‘hate speech’, ‘spreading false information’ and ‘cyberterrorism’. CIVICUS, the global civil society alliance and the Asian Human Rights Commission (AHRC) calls on the Pakistan authorities to halt his persecution and release him immediately and unconditionally. In […]

By Basil Fernando The 2019 election has not generated any real enthusiasm among the people. There have been the usual rituals of meetings, distribution of rice parcels, promises of other little santhosom (gifts) – those are what the sovereign people of Sri Lanka have been offered. In reality, they have been left with a beggar’s […]

A comment on the memoir of Former Chief Justice Dr Shiranee Bandaranayake entitled “Hold Me in Contempt” Basil Fernando Attorney-At-Law This memoir by former Chief Justice Dr. Shirani Bandaranayake on the (now nullified) impeachment is a significant contribution to the cause of promoting the independence of judiciary in Sri Lanka. Its significance lies in the […]

By Basil Fernando In a Thai courthouse on 4th October 2019, Judge Khanakorn Pianchana shot himself in the chest as a protest against interference with the independence of judges in their decision-making process. Fortunately, he survived the suicide attempt – made in open court – and is reportedly out of intensive care. Regarding the issue […]

By Basil Fernando Legalistically speaking, a nation is a people living together in a particular geographical region. But legal definitions do not create a nation. The meaning of nation is far deeper than any legal definition of it. Often politicians define a nation in terms of ideologies. For example, if a nation at a given […]

බැසිල් ප‍්‍රනාන්දු පාලකයෙකු පත් කර ගන්නේ රාජ්‍ය තන්ත‍්‍රය ජනතා සුභසිද්ධිය සදහා කි‍්‍රයාත්මක කරවා ගැනීම සදහාය. දැන් කලක සිටම ලංකාවේ පවතින ප‍්‍රධානම ප‍්‍රශ්නය නම් රාජ්‍ය තන්ත‍්‍රය පණ අදින තත්ත්වයක පසුවීමය. මූල්‍ය කටයුතු පිළිබඳ අංශයේ වුවත්, නිෂ්පාදන අංශයේ වුවත්, ආරක්ෂක අංශයේ වුවත්, යුක්තිය පසිඳලීමේ යෙදී සිටින ආයතන වල වුවත්, සුබසාධන පිළිබඳ අංශයේ එනම් සෞඛ්‍ය, අධ්‍යාපනය, වැඩිහිටියන් හා […]

A Joint Statement by the Asian Human Rights Commission, Lawyers for Lawyers, and 30 other civil society organisations of the world 4 October 2019 – We, the undersigned organizations, are deeply shocked by the brutal killing of our Dutch colleague Derk Wiersum. We extend our deepest condolences to Mr. Wiersum’s family, friends, colleagues and all […]

  By Basil Fernando  The 1978 Constitution of Sri Lanka is an outstanding example of how meaning can be manipulated through the weaponisation of ambiguity. It uses language that gives the appearance of a liberal democratic constitution of a republic while also putting in place various devices that severely undermine all the basic norms and standards […]

බැසිල් ප‍්‍රනාන්දු ලංකාවේ නීති අධ්‍යාපනය මුළුමනින්ම අසාර්ථකත්වයකින් පෙළෙන අධ්‍යාපන ක‍්‍රමයකි. වෘත්තීය අධ්‍යාපන ආයතන වල මූලික වගකීම වන්නේ එම වෘත්තියෙහි නියැලීමට බලාපොරොත්තු වන අපේක්ෂකයන්ට එසේ එය කර ගැනීම සඳහා අවශ්‍ය දැනුම, අවශ්‍ය පුහුණුව මෙන්ම අවශ්‍ය සදාචාරක පදනම ඉගැන්වීමය. මේ අනුව බලන විට දැනට ලාංකික නීති අධ්‍යාපනය වටා ගොඩනැගුනු සෑම ආයතනයක් තුළම දකින්නට ලැබෙන්නේ ඔවුන්ගේ වෘත්තිය කර […]

An Oral Statement to the 42nd Regular Session of the UN Human Rights Council by the Asian Legal Resource Centre (ALRC) Mr. President. The effectiveness of the United Nations Human Rights Mechanisms for protection of rights depends very much on the compliance of the State parties to implement Article 2 of the International Covenant on […]