Judicial system

The bench of three judges of the Supreme Court made an order on June 30, 2006 directing the Attorney General to consider whether action is warranted against two citizens who filed a fundamental rights petition relating to the appointment of four judges by the president without the recommendation of the Constitutional Council.  The basis is […]

The Asian Human Rights Commission’s (AHRC) Urgent Appeals Programme wishes to remind you of our new urgent appeal online support system. We strongly urge you to use this system and to help pressure government authorities and other relevant persons to intervene and bring justice to all concerned.  The urgent appeals online support system will now […]

This paper has been prepared in question and answer form to discuss how the status and the value of courts has diminished since the 1978 Constitution which is an authoritarian Constitution. The present degeneration of the court system makes the courts an obstacle to the rule of law and the enhancement of justice. However, this […]

Open letter from the AHRC to the Prime Minister of Nepal Prime Minister Girija Prasad Koirala Prime Minister’s office Singha Durbar Kathmandu NEPAL Fax. + 977 142 27286 Dear Prime Minister Koirala, Re: The urgent need to disarm and disband vigilante groups in Nepal, following the death of three-year old child The Asian Human Rights […]

The urgent appeals programme has experienced considerable growth over the last years. To ensure that individual support by UA programme subscribers will continue despite the increased issuing of urgent appeals, and to ease the possibilities to support the urgent appeals programme, the AHRC has launched an addition to the existing system. The urgent appeals online […]

AHRC-OL-017-2006 June 9, 2006 Open letter to the President of Sri Lanka Mr. Mahinda Rajapakse President  Socialist Democratic Republic of Sri Lanka C/- Office of the President Temple Trees 150, Galle Road Colombo 3 SRI LANKA Fax: +94 11 2472100 / +94 11 2446657  Dear President Rajapakse, Re: If the present generation destroys Sri Lanka’s […]

The judgment of the Court of Appeal on the application of two citizens regarding the recent appointments to the Police and Public Service Commissions by the President of Sri Lanka [CA Application 66/2006] raises some fundamental problems regarding the implementation of the Constitution of Sri Lanka. The issue raised by the petitioners was that the […]

Dear friends, The Asian Human Rights Commission (AHRC) wishes to forward to you the following statement by the Free Media Movement (FMM) of Sri Lanka on the President’s appointments to independent commissions. Asian Human Rights Commission Hong Kong ——– A Forwarded Statement by the Asian Human Rights Commission (AHRC) SRI LANKA: FMM condemns President’s appointments […]

In a recent decision, Sri Lanka’s Court of Appeal refused interim relief in a case challenging recent appointments made by President Rajapakse contravening the Constitution. The court also refuted any challenge to presidential immunity. Among other things, the court held that since the president is not a respondent of the case, the court cannot hear […]

The Asian Human Rights Commission has previously informed you about the controversy that started when the Executive President bypassed the constitutional provision requiring the appointments of judges in the Supreme Court and Court of Appeal and members of several important, independent commissions such as the National Police Commission, Public Service Commission and Human Rights Commission […]

The numerous appointments to key national commissions by the executive president, contravening constitutional requirements, are a very clear indication of Sri Lanka’s drift from a law-based society to one in which the law plays a significantly reduced role.  While criticism against presidential actions has pointed to matters including the fact that no person is above […]

A judicial system is fragile. It requires care and vigilance to ensure its efficacy and prevent destruction. It also requires a positive mindset among judges, lawyers and litigants, as well as the confidence of ordinary people.   When conditions promoting negative attitudes and habits among members of the judiciary arise, the entire judicial system can […]

With the direct appointment of two Court of Appeal judges, the president of the Court of Appeal and one Supreme Court judge by Sri Lanka’s executive president, the judiciary has been dealt an attack more serious than any in the past. Such direct influence following a series of tragic events undermining the constitution would be […]

FOR IMMEDIATE RELEASE May 12, 2006 AS-107-2006 A Statement by the Asian Human Rights Commission BURMA: The 1974 Constitution and challenge for Burma’s courts U Tin Nyein is among the latest victims of Burma’s courts of injustice. On March 29, the 49-year-old farmer was jailed for two years because he complained that his crops were […]

In his latest outburst, Cambodian Prime Minister Hun Sen on May 11 assailed criticism of government choices for 17 judges to sit on the international tribunal for former Khmer Rouge leaders. Some of the government’s choices have been described as unsuitable for the seats to which they have been nominated. Before an assembly of law […]

The electoral victory of Sri Lanka’s United National Party (UNP) in 1977 created what is now commonly known as ‘elective dictatorship’. This dictatorship was made permanent through the legal structure arising from the 1978 Constitution. Additionally, the transformation of democratic rule into tyrannical rule was approved by a vast majority in the parliament. Most of […]

A statement made by Sri Lanka’s Chief Justice, Sarath N. Silva at a recent public meeting is causing many comments, both public and private, on the state of the judiciary and rule of law in the country. In his statement the Chief Justice is reported to have cursed the Sri Lankan police as being highly […]

AHRC-OL-012-2006 May 3, 2006 Open letter to the Minister of Constitutional Affairs and the Chairperson of the Law Reform Commission Dear Sir & Madam, Re: Proposed bill of rights The Asian Human Rights Commission (AHRC) has learned from newspapers that the Ministry of Constitutional Affairs is to organise workshops, one of which will be held […]

The Asian Human Rights Commission (AHRC) has learned that over recent months, members of various Cambodian security forces have in separate incidents shot and injured young women in Phnom Penh, shot dead a villager in Kompong Cham, and wantonly driven a car into a smuggler there, killing him on the spot. The AHRC has also […]

On the 1st May, 1993, R. Premadasa, the executive president of Sri Lanka, was killed in a massive bomb blast while participating in the May Day public activities.  The blast also killed and injured many others.  Before becoming president he was the prime minister to J.R. Jayawardene who came to power through a huge electoral […]