Judicial system

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 […]

The speeches by the King of Thailand to the Supreme Court and Administrative Court judges on 25 April 2006 have with good reason been reported all around the world. Among his remarks, he told the judges that “When an election is not democratic, you should look carefully into the administrative issues. I ask you to […]

As the violence has escalated within the last few days and the lives of many are affected by the actions of all sides, the issue that comes to the forefront is the absence of any human rights monitoring mechanisms in Sri Lanka. The Human Rights Commission of Sri Lanka (HRC) became defunct with the expiry […]

[RE: UP-083-2006: BANGLADESH: Police defy High Court order by continuing to make threats; UP-062-2006: BANGLADESH: Harassment and threats continue towards victim despite a High Court ruling ordering the alleged perpetrators to stop; UP-058-2006: BANGLADESH: Police seriously intimidate and threaten victim, her husband and her witnesses; UA-105-2006: BANGLADESH: Pregnant woman tortured by police in Dhaka] ———————————– […]

On April 17, 2006 the Indonesian Supreme Court announced that a five-member panel of judges would review the case of three men on death row in Poso, Central Sulawesi. Although the men–Fabianus Tibo, Dominggus Da Silva and Don Marinus Riwu–were sentenced for inciting communal conflict in Poso in 2000, the Asian Human Rights Commission (AHRC) […]

The meaning of a Constitution is to be found, not in slavish adherence to the letter, which sometimes killeth, but in the discovery of its spirit, which giveth life…”[1] The general dismay voiced over the non-functioning of the Constitutional Council for over a year is shared by the Civil Rights Movement (CRM). Many have observed […]

The issues of the non appointment of the Constitutional Council (CC) members and the resultant collapse of all the relevant independent commissions remain unresolved despite unprecedented public protests arising from all sectors of Sri Lankan society and also from international sources. The government remains stubborn in its refusal to appoint the nine members who have […]

Transparency International Sri Lanka (TISL) notes with shock and dismay the appointment of the members to the National Police Commission and Public Service Commission, in violation of the constitutional provisions to protect the integrity of those institutions. It is the Constitutional Council that should select and screen members of all of these commissions established under […]

FOR IMMEDIATE RELEASE April 10, 2006 AP-002-2006 A Paper by the Asian Human Rights Commission (AHRC) SRI LANKA: A commentary on the recent case of the prime minister’s fundamental rights violation Recently, a fundamental rights application was made to the Supreme Court of Sri Lanka by former prime minister and now president, Mahinda Rajapakse, in which […]