Judicial system

SRI LANKA:Imprisonment of 5 Years for Non-Arrest of A Suspect – A Good Example to Emulate

By Basil Fernando The sentencing of a former Senior Deputy Inspector General of Police for giving illegal orders not to arrest a suspect. The reported sentencing of former Senior Deputy Inspector General of Police, Lalith Jayasinghe, for giving illegal orders to prevent the arrest of a person allegedly involved in the shooting which resulted in […]

BANGLADESH: ADN Condemns Unjust Imprisonment of Bangladeshi HRDs Adilur Rahman and Nasiruddin Elan

A Statement from Asia Democracy Network forwarded by the Asian Human Rights Commission Seoul, Korea – The Asia Democracy Network (ADN) vehemently condemns the recent sentencing of Adilur Rahman Khan and Nasiruddin Elan, activists attached to the Odhikar human rights organization in Bangladesh. Their unjust imprisonment on trumped-up charges is a grave violation of their […]

SRI LANKA:The Contempt of a Court, Tribunal or Institution Bill is Unconstitutional and Scandalizing Court is an archaic law

(Hong Kong, August 09, 2023)  ​​​​​​​Written submission to the Supreme Court on the “Contempt of a Court, Tribunal or Institution” Bill The Bill titled “Contempt of a Court, Tribunal or Institution” came for discussion before the Supreme Court on the 3rd and 4th of August. After the oral submission, written submissions were allowed to be filed by […]

SRI LANKA: Contempt of court law should not be used to create a chilling effect on lawyers and litigants

By Basil Fernando A month or so earlier, it was a lawyer practicing mainly in a High Court closer to Colombo, that contacted me and told me about his concerns about a draft Bill which has been discussed amongst his colleagues which was about the introduction a draft of a Contempt of Court Bill. He […]

SRI LANKA:How loud can you talk in a court proceeding?

By Basil Fernando This article is  a follow up to: 1. Does the proposed contempt of court Bill amount to 23rd amendment to the constitution?     2.  Is contempt of court unlike any other crime? To anyone who may be surprised by this question, we wish to remind that not too long ago, the issue became […]

SRI LANKA: The Arrest of Tharindu Uduwaragedera – Larger questions

By Basil Fernando On the larger questions raised by the arrest of Tharindu Uduwaragedera, a young journalist of very wide reputation. Tharindu Uduwaragedera who was attending a meeting on Friday (28 July) for the purpose of reporting on the meeting was forcibly dragged out of a three-wheeler, grabbed by his hair and roughly manhandled by […]

SRI LANKA:Is contempt of court unlike any other crime?

By Basil Fernando The purpose of the proposed Bill on the Contempt of Court is to criminalise the acts which may be considered to constitute the offence of contempt of court and to punish it. Clearly, this proposed Bill is meant to create offences under the contempt of court and therefore the purpose is to create […]

SRI LANKA:Does the proposed contempt of court Bill amount to 23rd amendment to the constitution?

By Basil Fernando The draft Bill entitled ‘Contempt of Court, Tribunal or Institutions’, has been included in the parliament’s order paper and the issue of the constitutionality of this Bill will now be subjected to debate. There are several key questions arising from this draft Bill. These are:- Does this proposed law amounts to repeal […]

SRI LANKA: 202nd commemorative edition of SOCIAL JUSTICE – Sri Lanka is out

The center for religion and society (CSR) Colombo has published the 202nd issue of social justice. This publication started in August 1962 and has been regularly published ever since. Regarding this issue, the publisher states that this edition’s discussion is focus on Rule of Law, Anti-Terrorism law and other issues related to Sri Lanka.  Kindly see […]

INDONESIA: The Prosecutor of the Haris and Fatia Case Behaves Like Luhut Binsar Panjaitan’s Attorney (LBP) and Restricts Trial Access in the East Jakarta District Court

The trial on the criminalization case against Ms. Fatia Maulidiyanti (Coordinator of KontraS) and Mr. Haris Azhar (Founder of Lokataru) entered the stage of examining the reporting witness, namely Mr. Luhut Binsar Panjaitan. At this trial, it became increasingly clear that the Public Prosecutor (JPU) no longer represented the interests of the State but behaved […]

INDONESIA: Anamicus curiaebriefon the case of Mr. Haris Azhar dan Ms. Fatia Maulidiyanti

An Open Letter from the Asian Human Rights Commission (AHRC) to the Panel Judges: 1. A case register Number No. 202/Pid.Sus/2023/PN Jkt.Tim (Suspect Mr. Haris Azhar) 2. A case register Number. 203/Pid.Sus/2023/PN Jkt.Tim (Suspect: Ms. Fatia Maulidiyanty) Jl. Dr. Sumarno No. 1, RT.7/RW.4, Penggilingan, Kec. Cakung, Kota Jakarta Timur DKI Jakarta -13940 Telp : +622148703788 | Faks […]

INDONESIA: Stop and Investigate Repression and Intimidation Against Civilians During the ASEAN Summit

The Asian Human Rights Commission (AHRC) supports the statement of the Commission for the Disappeared and Victims of Violence (KontraS)  condemning all forms of repression and intimidation against civil society during the preparation and implementation of the ASEAN Summit  in Labuan Bajo, East Nusa Tenggara Province (NTT). Based on the information we received, one of […]

ශ්‍රී ලංකා:නීතියමතපාලනයහාප්‍රතිත්‍රස්ථවාදීපනත්කෙටුම්පත

බැසිල් ප්‍රනාන්දු නීතියමත පාලනය පිළිබදව වර්ථමාන කාලය තුල ලිය වී ඇති පොත් අතර ඉතාමත් ප්‍රසිද්ධියට පත් පොතක් වූයේ ටොම් බින්ග්හම් (Tom Bingham) සාමිවරයා විසින් ලියන ලද නීතිය මත පාලනය (The Rule of Law) යන පොතය. එම පොත නීතිය මත පාලනය යන නමින් සිංහලට පරිවර්ථනය කොට ඇත. එම පොතෙහි නීතිය මත පාලනය යන්න පිළිබදව ඇති නිර්වචනයය […]

INDONESIA: Pembatasan Acces to Justice Keluarga korban Kanjuruhan bentuk ketidakseriusan Negara dalam penegakan Hukum dan HAM secara berkeadilan

Asian Human Rights Commission (AHRC), sebuah organisasi Hak Asasi Manusia (HAM) regional dan internasional, mendukung statemen tentang Akses Keadilan Untuk Keluarga Korban Kasus Kanjuruhan yang dikeluarkan oleh Koalisi Masyarakat Sipil yang terdiri dari Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI), Komisi Untuk Orang Hilang dan Korban Tindak Kekerasan (KontraS), LBH Pos Malang dan LBH Surabaya.  Keluarga […]

INDONESIA: The Second Trial of Mr. Haris Azhar and Ms. Fatia Maulidiyanti, the Prosecutor’s Indictment with Formal Defects and the Lack of Objectivity of the Law Enforcement

Ms. Fatia Maulidiyanti and Mr. Haris Azhar, two Indonesian human rights defenders, returned for their second trial with an agenda for reading the exception or objection note at the East Jakarta District Court. On 17 April, 2023, at the same time that the document was read, the security and human rights situation in Papua had […]

INDONESIA: Ensuring effective remedy for Mr. Muhamad Fikry, a victim of torture and an unfair trial

An Open Letter from the Asian Human Rights Commission (AHRC) to the Chairperson of the Indonesian Supreme Court (Mahkamah Agung RI) Professor. Dr. Muhammad Syarifuddin, SH., MH. The Chairperson of the Indonesian Supreme Court (Mahkamah Agung RI) Jalan Medan Merdeka Utara No 9-13 Tel: +62 21 3843348, +62 21 3810350, +62 21 3457661 Fax: + 62 […]

ශ්‍රී ලංකා:තීරණාත්මක ජයග්‍රහණයක් : සියල්ල වීඩියෝ කරනවා : සැකකරුවන් ඝාතනය ගැන පොලිස්පති ශ්‍රේෂ්ඨාධිකරණයට දුන් මාර්ගෝපදේශ මාලාව

A Statement from The Times.lk forwarded by the Asian Human Rights Commission                                                                         පොලිසිය අත්අඩංගුවට ගනු ලබන සැකකරුවන් විමර්ශන කටයුතු සඳහා ආයුධ පෙන්වීමට […]

SRI LANKA:The proposed Anti-Terrorism Bill amounts to a parallel Constitution and a Criminal Procedure Code

Three major ‘strategies’ have been used in this draft bill on anti-terrorism 2023.which create very great confusion about the meaning of the contents of the proposed law and its implications. Three ‘strategies’ The first of these strategies is not to define the meaning of terrorism. The meaning of the key word of this document is […]

SRI LANKA: Best of Laws and the Worst of Law Enforcement – The IMF and the IGP

The International Monetary Fund (IMF) Extended Fund Facility has approved a fund to assist Sri Lanka at this time of terrible economic crisis. While there are many things to talk about that issue, we wish at the very beginning to highlight what we think is the most important issue that should be brought to the […]

SRI LANKA:Few Reflections on the Sri Lanka’s Independence Day

By Basil Fernando Read the article in Sinhala මෙම ලිපිය සිංහලෙන් කියවන්න As Sri Lanka is to celebrate its 75th anniversary of Independence on the 4th of February, the general reaction of the people around the country this year is one of despondency with serious criticisms about the failure of governance in the country.  The need […]