Judicial system

SRI LANKA: The Muhamalai and Habarana incidents show the marginal role the political authority is playing in the present conflict — what will the team of experts commissioned by the Co-Chairs do?

The European Commission has reported of the visit of a mission of high level experts to be sent by the Co- Chairs to review the current situation of human rights in Sri Lanka and to suggest necessary action before the end of October 2006. The Commission further stated that it believes that this could be […]

BANGLADESH: Removing dust is the government’s job

FOR IMMEDIATE RELEASE  AS-251-2006 October 13, 2006 A Statement by the Asian Human Rights Commission BANGLADESH: Removing dust is the government’s job The Daily Star newspaper published a report on October 11 citing the outgoing Minister for Law, Justice and Parliamentary Affairs of Bangladesh, Moudud Ahmed, as claiming that “progress” had been made in separating […]

CAMBODIA: Chea Vichea murder case & the urgent need for witness protection law

On the morning of 22 January 2004, Chea Vichea, a famous and popular labour union leader, was gunned down while reading a newspaper by a roadside newsstand in Phnom Penh. The gunman rode off on a motorcycle driven by another man. Var Sothy, the owner of the newsstand, was the only other person at the […]

BANGLADESH: Courts of justice or courts of the home ministry?

The Daily Prothom Alo newspaper published a report on September 18 that murder charges against three persons have been dropped on the orders of the government of Bangladesh. According to the report, Altab Hossain was shot dead on 27 April 2000 in Badalpara village, Upazilla in Pabna district. Altogether 29 persons were charged in the […]

SRI LANKA: The AHRC writes to OHCHR and AI about the implications of the decision by the Supreme Court in the Singarasa case on human rights monitoring in Sri Lanka

The Asian Human Rights Commission yesterday (October 9, 2006) wrote to Ms. Louise Arbour, High Commissioner for Human Rights and Ms. Hanna Roberts, Chairperson, International Executive Committee, Amnesty International with regard to the statement made by the head of Sri Lanka’s delegation to the Second Session of the Human Rights Council, about a suggestion made […]

THAILAND: MILITARY COUP–Constitutional fictions

In A Short History of Thailand, David Wyatt describes how after Field Marshal Phibun Songkhram retook power from an elected government in 1948 he set about retaining “the facade of constitutional democracy”. He writes that “Thailand was now receiving economic and military assistance from the United States and favors from international organizations, and Phibun could […]

SRI LANKA: Chandra Fernando leaves the post of Inspector General of Police with a dark legacy — will the new IGP change the course?

The tenure of office of Chandra Fernando as the IGP ended last week.  Throughout his tenure the Asian Human Rights Commission has pointed out the failure of leadership on his part to lift up the police service from its legacy of the use of torture as the primary means of criminal investigation, the use of […]

CAMBODIA: Independent & competent courts needed more than a human rights committee

In a September 26 address at a conference on national human rights institutions, the Prime Minister of Cambodia, Hun Sen, said that he supported the creation of a national human rights committee for the country. Om Yen Tieng, the prime minister’s aide, said that perhaps it could be set up within a year. The audience, […]

THAILAND: MILITARY COUP – How to make courts independent?

A few years ago, some senior United Nations staff in Cambodia met with a government minister to discuss the state of the country’s courts. They expressed concern about their lack of independence, and asked what intentions the government had to address this problem. “Don’t worry,” the minister told them simply, “I will make them independent.” […]

CAMBODIA: Will donors decide for or against the rule of law?

The Asian Human Rights Commission wishes to bring to the notice of the international donors that no progress of any sort can be made in any area of life in Cambodia until the country’s government gives up its deliberate rejection of the concept of a state governed by rule of law, which has been central […]

SRI LANKA: Why a Presidential Commission cannot ensure protection of human rights and why foreign observers cannot play a positive role in such a commission? The case for an international monitoring mission

The Asian Human Rights Commission is concerned about the negative response of the Sri Lankan government to international requests for the establishment of an independent international human rights monitoring mission in Sri Lanka and are dismayed that what is offered instead is a local Presidential Commission with the possibility of some international observers being allowed […]

SRI LANKA: The Sri Lankan state shows complete disregard for its international human rights obligations

(The state’s failure to implement the views and recommendations of the Human Rights Committee on individual complaints, and the failure to implement the Human Rights Committee’s and the CAT Committee’s recommendations after periodic reviews.  The resulting situation of the bewildering absence of protection to the citizens and the total absence of effective mechanisms to investigate, […]

THAILAND: MILITARY COUP–No way forward but backward

On September 27 the Bangkok Post newspaper published an article pointing to the likely shape of Thailand’s new draft interim constitution in the wake of the September 19 military coup. The interim constitution is expected to grant amnesty to the coup leaders. It will set up a 250-member legislature with limited powers, and a 2000-member […]

SRI LANKA: The recent judgement of the Supreme Court on the Singarasa case is an attack on the sovereignty of the people

Earlier the Asian Human Rights Commission (AHRC) circulated the complete text of this judgement (please see AS-217-2006).  Among the many completely baseless legal positions on which this judgement is premised there are some outstanding issues.  The AHRC intends to explore a comprehensive critique on this judgement soon.  In the meantime we would like to mention some […]

THAILAND: MILITARY COUP – Restore civilian government immediately

The Asian Human Rights Commission condemns the military coup in Thailand and calls for immediate restoration of civilian government. At approximately 10pm on September 19 a group of officers headed by army Commander-in-Chief General Sonthi Boonyaratglin took power while Caretaker Prime Minister Thaksin Shinawatra was attending the UN General Assembly in New York. The group, […]

SRI LANKA: Have no illusions — the Supreme Court of Sri Lanka is a part of the human rights violation mechanism

We reproduced below a judgement made by a bench of five judges, presided over by the Chief Justice, Sarath N. Silva, of Sri Lanka, which leaves no doubt that the court wishes to nullify the impact of Sri Lanka being a party to the International Covenant on Civil and Political Rights (ICCPR) as well as […]

SRI LANKA: Supreme Court removes country from obligations under international law, raises unprecedented questions for UN

A judgment made by the Supreme Court of Sri Lanka on Friday, September 15 has all but removed the country from the international human rights community. The court declared that neither United Nations conventions signed by Sri Lanka nor the directives of monitoring bodies are binding on the country. The decision has tremendous ramifications both […]

NEPAL: Appointment of Army Chief under investigation for gross abuses must be rescinded

Statement | Nepal | 13-09-2006

The Asian Human Rights Commission (AHRC) has been informed that army Lieutenant General Rukmangat Katuwal was appointed as army Chief of Staff of Nepal on September 10, 2006, by Prime Minister Girija Prasad Koirala. Mr. Katuwal, who was set to retire before this appointment took effect, stands accused of being responsible for a plethora of […]

NEPAL: A travesty of justice – military personnel who tortured 15 year old Maina Sunuwar to death must be tried by a civil court

Statement | Nepal | 04-09-2006

Maina Sunawar was 15 years old when members of the Nepalese armed forces arbitrarily arrested her. Since this date – February 17, 2004 – she has disappeared. All the evidence indicates that she was tortured to death by members of the military, who have since sought to deny her arrest and cover up her death. […]

SRI LANKA: Death threats to senior police and collapsed rule of law

The Asian Human Rights Commission (AHRC) is concerned but not surprised to hear that a senior police officer was threatened with death on 9 August 2006 when an anonymous caller to the police headquarters in Colombo said that a Deputy Inspector General (DIG) from the Tamil community would be killed soon.  The AHRC is concerned […]