Judicial system

THAILAND: King’s remarks a watershed for democracy and the rule of law

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 […]

SRI LANKA: Escalation of violence and the absence of human rights monitoring bodies in Sri Lanka

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 […]

UPDATE (Bangladesh): Court orders supplementary investigation following disputed Judicial Probe Commission report

[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] ———————————– […]

INDONESIA: Supreme Court should set clear guidelines in death penalty review

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) […]

SRI LANKA: The Constitutional Council must function — a meaningful interpretation needed

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 […]

SRI LANKA: 17th Amendment crisis — immediate appointment of the nine members of the Constitutional Council is the way out

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 […]

SRI LANKA: President usurped powers of the Constitutional Council; TISL condemns appointments to Police Commission and Public Service Commission

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 […]

SRI LANKA: A commentary on the recent case of the prime minister’s fundamental rights violation

Paper | Sri Lanka | 09-04-2006

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 […]

SRI LANKA: Re: Rescuing a girl orphaned by the tsunami from having to be sheltered in a prison

We are bringing to your notice a news item that has appeared in several papers recently regarding a girl of 18 years who is said to be a victim of the tsunami tragedy and who, for the lack of any suitable child care institution, has been put in a prison as there is nowhere else […]

SRI LANKA: Chief justice warns judiciary is becoming a joke

Speaking at the induction of the President Elect of the Bar Association of Sri Lanka during its 32nd Annual Convocation, the Chief Justice of Sri Lanka warned that the judiciary could become a laughing stock and that delays in adjudication may result in people seeking alternative means of justice. These delays were an apparent reference […]

ASIA: Three outstanding Asian widows jointly nominated for 2006 Gwangju Prize for Human Rights

Today, March 30, 2006 the Asian Human Rights Commission (AHRC) has nominated three outstanding widows of human rights defenders to receive jointly the prestigious 2006 , awarded by the May 18 Memorial Foundation, Korea. The three are: Angkhana Neelaphaijit, wife of disappeared Thai human rights lawyer Somchai Neelaphaijit; Suciwati Munir, wife of murdered Indonesian human […]

SRI LANKA: Delays in courts — everyone’s karume

FOR IMMEDIATE RELEASE AS-033-2006 March 6, 2006 A Statement by the Asian Human Rights Commission (AHRC)  SRI LANKA: Delays in courts – everyone’s karume The expression by a High Court judge at Hulftsdorp that it was due to his karume (karma) that he had to be a judge postponing cases is a rare admission of […]

SRI LANKA: A Statement by University of Colombo Law Teachers Association on Independence of the Judiciary

The Law Faculty Teachers’ Union of the University of Colombo expresses its deep concern over a statement issued by the Secretary to the Judicial Service Commission published in the Daily News on 6 February, 2006 under the heading “JSC Will Continue to Function Despite Judges’ Resignation”. The statement, which is on the recent resignation of […]

SRI LANKA: Judges’ resignations demand a response from the president

The resignation of two judges from the three-member Judicial Service Commission (JSC) continues to be a matter of topmost public interest. Comments made by numerous persons reflecting different points of view with regard to the resignations are reflected in both the print and electronic media.  The majority of the views expressed tend to support the […]

NEPAL: Supreme Court ruling on the Royal Commission for Corruption Control and the release of Prime Minister Sher Bahadur Deuba welcomed

Statement | Nepal | 14-02-2006

The Asian Human Rights Commission welcomes the landmark ruling by the Supreme Court of Nepal on Monday February 13, 2006, which declared the controversial Royal Commission for Corruption Control (RCCC) unconstitutional and ordered it to be scrapped immediately. This has paved the way for the release of ousted Prime Minister Sher Bahadur Deuba, who had […]

SINGAPORE: Statement of Chee Soon Juan submitted to the High Court, Singapore at the Bankruptcy Petition Hearing on 10 February 2006

Background: Dr Chee Soon Juan, secretary-general of the Singapore Democratic Party, was sued in 2002 by former Singapore prime ministers Mr Lee Kuan Yew and Mr Goh Chok Tong for defamation. The courts awarded the case to the plaintiffs and ordered Dr Chee to pay $500,000 in damages. Messrs Lee and Goh then took legal […]

SRI LANKA: The JSC issue – the opposition must act to bring the issue of resignations before a parliamentary select committee

Several senior members of the opposition United National Party (UNP) have issued statements expressing concern over the resignation of two judges from the three member Judicial Service Commission and requesting that a parliamentary select committee should be constituted to inquiry into such a significant event relating to the administration of justice in the country.  However, […]

THAILAND: What can be done when a constitution cannot be enforced?

North of Bangkok, the Angthong Provincial Court this morning found a farmer guilty of running an illegal community radio station. Sathien Janthorn was given a suspended jail term of six months and fined 60,000 Thai baht (USD 1500) for having broadcast from a community radio transmitter that was paid for by the Finance Ministry, through […]

CAMBODIA: Sam Rainsy and Cheam Channy granted royal pardon: Simply a respite when the institutions of repression are still there

Cambodian Prime Minister Hun Sen has recently secured a pardon for opposition leader Sam Rainsy and his colleague Cheam Channy, who were respectively given a jail sentence of 18 months for alleged defamation and seven years for allegedly organising an illegal army. He has promised to restore their parliamentary immunity. He has also withdrawn his […]

SRI LANKA: JSC resignations present a window of opportunity for much needed corrective action

A serious controversy has resulted after two senior judges resigned from their positions in the Judicial Service Commission (JSC), as they found that remaining in office would compromise their conscience. There have been serious disputes within the Bar Association of Sri Lanka as to what appropriate measures should be taken to respond to this situation. […]