Judicial system

SRI LANKA: What Is The Greater Wrong – Contempt Of Court Or Illegal Detention?

By Basil Fernando In two occasions, the United Nations Human Rights Committee (UNHRC) held in two separate cases decided by the Sri Lankan Supreme Court related to contempt of court that the punishment imposed by the Court amounted to disproportionate punishment and that such punishment amounted to illegal detention. The UNHRC held that on both […]

INDONESIA: Urging inquiry and investigation related to the death of Mede Nurlatu at the mining area of the Botak Mountain

February 09, 2022 An Open Letter from the Asian Legal Resource Centre to the Chief of National Police General of Police LISTYO SIGIT PRABOWO Chief of National Police (KAPOLRI) Jl. Trunojoyo Number 3 Kebayoran Baru, Jakarta Selatan 12110 INDONESIA Tel: +62 21 384 8537, 726 0306 Fax: +62 21 7220 669 E-mail: info@polri.go.id Dear General: INDONESIA: […]

SRI LANKA: Webinar – Pathway to Constitutional Reform

A Press Release from Voice for Democracy in Sri Lanka (VDSL) and Voice for Justice in Sri Lanka Inc. (VJSL) forwarded by the Asian Human Rights Commission (AHRC) Details: Webinar: Pathway to Constitutional Reform: Opportunities and Challenges;                 ව්‍යවස්ථා ප්‍රතිසංස්කරණ: මාවත් හා අභියෝග             […]

INDONESIA: Investigate and Prosecute Cases of Violence Allegedly Committed by Police Officers Against Ridwan at Nunukan Regency, North Kalimantan

The Asian Human Rights Commission (AHRC) regrets the repeated allegations of violence by security forces, this time experienced by Ridwan (21) at Nunukan Regency, North Kalimantan Province. The victim was allegedly subjected to violence by 10 (ten) police officers. The violent incident is known to have occurred in several locations, specifically in front of the […]

SRI LANKA: Participatory Constitution-making – The essentials

By Basil Fernando Today, there is a consensus that Sri Lanka has entered into a period of crisis that is worse than it has ever faced in recent history. It is also agreed among most of the people who are highly knowledgeable in the field of economics and financing that this crisis will last for […]

SRI LANKA: Legal arguments against the proposal to present the draft Constitution

The basic legal argument against the proposal to present the draft Constitution is as follows; The proposal is based on a false premise as it denies the process of the making of the Constitution whereas it must provide everyone and every group of people the right of participation as it is a Constitution of the […]

SRI LANKA: Fake constitutions create irrational societies

By Basil Fernando A fake Constitution alters the rules of logic that are the basic foundations of a good constitution. The change of logic leads to irrationality. The spread of irrationality into public institutions creates rotten systems within such public institutions. Where the public institutions go rotten, every aspect of social life comes into severe […]

INDONESIA: Pontianak District Court Decision not serious in Judging Cases of the Destruction of the Mosque Built by Ahmadiyya

In the case of the destruction of the Miftahul Huda Mosque, a total of 22 defendants were involved. On Thursday, January 6, 2022, the Pontianak District Court held a hearing with the agenda of a verdict against 21 defendants in the case of the destruction of the Miftahul Huda Mosque which was built by the […]

INDONESIA: Investigate the 2014 Paniai Case: The Attorney General Needs to Examine the Involvement of the TNI Commander in the Paniai Case

The Asian Human Rights Commission (AHRC) supports the Commission for the Disappearances and Victim of Violence (KontraS) highlighting several things about the beginning of an investigation of serious human rights violations in Paniai, Papua that occurred on 7 – 8 December 2014 by the Attorney General’s Office. Previously, the AHRC has issued an urgent appeal […]

INDONESIA: Constitutional Court Decision on the Review of the Omnibus Law Regulation: a decision that mocks the Constitution and the people

On November 25, 2021, the Constitutional Court in its judgment Number 91/PUU-XVIII/2020 stated in essence: 1. The Establishment of the Law Number 11 of 2020 concerning Job Creation is contrary to the 1945 Constitution and does not have conditionally binding legal force as long as it does not mean “no amendments have been made within two […]

NEPAL: THE STATE IS FAILING ITS CITIZENS

Statement | Nepal | 10-12-2021

A Statement by the Asian Human Rights Commission on the occasion of the 73rd International Human Rights Day Nepal underwent its third cycle of the UN Human Rights Council’s Periodic Review (UPR) in Geneva in January 2021. Nepal has ratified over 24 various human rights conventions and declarations but has been weak in its implementation. […]

INDONESIA: A Mama Shot in Intan Jaya, Proves that the Government Failed to Protect Womens’ Rights to Security in Papua

The Asian Human Rights Commission (AHRC) condemns the shooting incident allegedly carried out by members of the Indonesian National Army (TNI) against a woman in Mamba Village, Intan Jaya. The woman who was shot was named Agustina Ondou (21). She is currently receiving treatment from the medical staff at the Community Health Center (Puskesmas) from […]

INDONESIA: A police officer who slammed a student activist must be prosecuted under the fair trial principle

On Wednesday, October 13, 2021, a video with a duration of approximately 45 seconds circulated, which once again showed the brutality of a police officer. Here is the video link. In the video, a police officer can be seen slamming a participant of a demonstration onto the sidewalk, causing the person concerned to lie down and […]

SRI LANKA: Legal and Societal Consequences Arising from the Failure to Deal with Enforced Disappearances

(Issued on 27 October 2021, 31st annual commemoration of the disappeared in Sri Lanka.) A statement on enforced disappearances Every year, on the 27th of October, there is a commemoration of the persons who have been made to disappear by force. The day is called ‘the day of commemoration of the enforced disappearances. On this […]

SRI LANKA: A forwarded interview. On the objection to the new constitution proposed by the government

A video presentation produced by Mr. Victor Ivan published by the Asian Human Rights Commission The Asian Human Rights Commission wishes to share with you the following video produced by Mr. Victor Ivan Kindly see the following link for a valuable interview with Victor Ivan on the objection to the new constitution proposed by the […]

NEPAL: LONG MARCH TO JUSTICE

Statement | Nepal | 20-10-2021

A group of 14 persons mostly women, arrived in Kathmandu from the Nepalgunj District. They walked all the way which is almost over 500 kilometres. The group started their long march for justice on 14 September 2021. After being denied justice by the local Authorities, the group decided to march to the capital, Kathmandu, on […]

SRI LANKA: CPC Amendment Bill Will Undermine The Role, Function & The Independence Of Judiciary

By Basil Fernando There are many objections that can be taken against the proposed Code of Criminal Procedure Bill on the basis of the unconstitutionality of many of the provisions of the Bill. Some of these objections are as follow; The essence and core of the Bill is to dispense with the requirements of the […]

SRI LANKA: The proposed amendment to CPC will create serious problems for administration of justice

By Basil Fernando The proposed Code of Criminal Procedure (Amendment) Bill to amend the Code of Criminal Procedure Act No. 15 of 1979 will open up a Pandora’s box of serious abuses. In essence what the Bill proposes is to allow Magistrates to dispense with the personal attendance in court of a suspect or accused. […]

SRI LANKA: THAT NONSENSE CALLED CRIMINAL JUSTICE

Basil Fernando A guy enters into two prisons with a gang of his friends. In one of the prisons he threatens a group of prisoners undergoing trial by placing his pistol on the forehead of one. He tells them what they should do about their case. Inside another prison he wants his friends and himself […]

ASIA: Human Rights Council’s Interventions Should be Contextually Realistic

An Oral Statement to the 48th Regular Session of the UN Human Rights Council from the Asian Legal Resource Centre (ALRC) Madam President, We wish to bring to the attention of the Human Rights Council that a serious undermining of the rule of law is happening in several countries of Asia such as the Philippines, […]