Judicial system

SRI LANKA: 1972 CJC: The beginning of the collapse of the criminal justice system

By Basil Fernando The Criminal Justice Commissions (CJC) Act, No. 14 of 1972, marked the beginning of the collapse of Sri Lanka’s criminal justice system. The process that started then, gradually expanded further and further, and today, the criminal justice system in Sri Lanka is virtually dysfunctional. What the CJC Act in fact did was […]

SRI LANKA: Institutional theories about the use of torture

By Basil Fernando There are a number of entrenched beliefs which have become institutional doctrines within the policing system which contribute to the continuing practice of torture. No suspect will ever tell the truth. Therefore, it is better not to waste time asking questions before torturing the person. This is a practice almost invariably followed […]

SRI LANKA: Why do Sri Lankan police officers torture suspects?

By Basil Fernando “Police officer” refers mostly to persons working for the Sri Lanka Police Service. But in the context of custodial torture, it also includes others who at times are called upon to do police-related duties such as conduct interrogations, similar to the military and other agencies. Another aspect, relevant to this discourse, generally speaking, […]

SRI LANKA: UNHRC Resolution: A Ray of Hope for Sri Lanka

By Basil Fernando The UN Human Rights Council (UNHRC) resolution “Promoting reconciliation, accountability and human rights in Sri Lanka” was adopted with 22 members of the council voting in favour of the resolution, 11 members voting against it and 14 members abstaining. The passing of the resolution marks the strongest action ever taken by the […]

SRI LANKA: Black Sunday- Mourning the Death of Criminal Investigating Capacity

By Basil Fernando In answering the call of the Catholic Bishops Conference of Sri Lanka, the faithful living in various parts of the country wore black and attended the churches as a protest against the failure to provide justice for all those who were killed in the Easter Sunday bombings in 2019. They also participated […]

INDONESIA: Analisa Saya Terkait Pemekaran Provinsi di Papua Barat

Written by Mr. Theo Hesegem (Executive Director of the Papua Justice and Human Integrity Foundation) Menurut Direktur Yayasan Keadilan dan Keutuhan Manuaia (the Papua Justice and Human Integrity Foundation), Theo Hesegem, Pejabat di Jakarta sangat pintar hebat dan luar biasa, tetapi menurut saya tidak pernah berpikir dan menganalisa resiko dan masalah yang akan berdampak konflik […]

INDONESIA: Pretrial detention under the Criminal Law Procedure needs serious reform, having caused torture and ill-treatment

A Written Statement to the 46th Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Center (ALRC) wishes to draw the attention of the UN Human Rights Council to the problem in the existing Criminal Law Procedure which at present still regulates pretrial detention in […]

SRI LANKA/MYANMAR: The Impact of Militarism in Myanmar and Sri Lanka

By Basil Fernando The recent coup in Myanmar has created an interest once again to look into the impact of the military rule in Myanmar which began with 1962 coup and which continued up to 2011. The Burma (now Myanmar) was a British colony and the style of the British administration had been introduced also […]

BANGLADESH: Authoritarian repression in curbing civic space harms more than the pandemic

The Bangladesh Government continues its repressive campaigns of curtailing civic space in the country’s ever-deteriorating human rights situation. The Authorities have been using the COVID-19 pandemic as an additional excuse for encroaching on the freedoms of assembly, expression, including the freedom of the press. Bangladesh’s Law-Enforcement Agencies kept playing their predatory role in detaining the […]

NEPAL: The struggle to establish democracy

Article | Nepal | 18-01-2021

Nepal President Bidya Devi Bhandari on December 20 sent shockwaves across the country as she approved the Cabinet’s recommendation for the dissolution of the Lower House of Parliament. The president’s move has pushed the Himalayan country deeper into the quagmire of instability even as it had been attempting to find its footing in democratic politics. […]

SRI LANKA: Four years prison term for contempt of court violates the International Covenant on Civil and Political Rights (ICCPR)

On 12 January 2021, a three-judge bench of the Supreme Court of Sri Lanka found S. V. R. P. P. A. R. L. S. Alphonsu, known also as Ranjan Ramanayake, as guilty of having committed the offence of contempt of court and sentenced him to four years of rigorous imprisonment. The accused is presently a […]

INDONESIA: Discussion on the threat against freedom of expression and opinion of labor activities

The Asian Human Rights Commission (AHRC) wishes to inform you about the special discussion on the threat against the right to freedom of expression and opinion in Indonesia, in this case, related to labor activists. The discussion presented two speakers: Mr. Kristianto, a labor activist, and Mr. Fathkul Khoir, a human rights lawyer from the […]

SRI LANKA: A prison study by Human Rights Commission of Sri Lanka

In November 2020, the Human Rights Commission of Sri Lanka published a report on their prison studies. This study conducted over a long period of time of two years was based on interviews with relevant persons. This included prisoners, prison guards, and all officers and persons connected with the work of prisons. This Study is excellent documentation […]

INDONESIA: Two Ministers arrested in anti-graft cases, Has Law-enforcement improved?

When the Pandemic COVID 19 hit Indonesia in May 2020, Law-enforcement in Indonesia recorded a unique phenomenon. The Minister of Law and Human Rights, Mr. Yasona Laoly, released 30,000 prisoners! 1 On Tuesday, March 31, 2020, the Indonesian Minister of Law and Human Rights, Mr. Yasonna, issued Ministerial Decree Number M.HH-19.PK.01.04.04 of 2020, concerning the Release […]

SRI LANKA: A submission on the making of a new constitution

The Minster of Justice  Room No.32 {Block 02} BMICH,  Bauddhaloka Mawatha, Colombo 07 expertscommpublic@yahoo.com A submission on the making of a new constitution 1.This submission is made on the assumption that the attempt to make a new constitution is an act done in good faith, motivated solely by the attempt to address what has gone […]

SRI LANKA: A Criminal Justice System in Crisis

By Basil Fernando A constitutional crisis is not just a matter relating to a legal text. It influences all aspects of life and, in particular, the working of public institutions. The Prison Study carried out by the National Human Rights Commission of Sri Lanka (HRCSL) reflects the magnitude of the problems in the criminal justice […]

INDONESIA: Focus Discussion and Sharing with all Commissioners of the Aceh TRC

The Asian Human Rights Commission (AHRC) wishes to inform you about focus discussion and sharing with all Commissioners of the Aceh Truth and Reconciliation (Aceh TRC). Since the Aceh TRC established four years ago, the Commission has achieved some important points. They can be described as follows: 5200 victims have been interviewed and statements have […]

INDIA: Democracy detained even as COVID is on a free run

Statement | India | 10-12-2020

A Statement by the Asian Human Rights Commission on the occasion of Human Rights Day Covid has been a tragedy for 7 billion people, for the entire world. Or, perhaps, it has not been for a few. It has rather been a godsend for illiberal governments around the world. A study by Freedom House found, the condition […]

International Community: Stand against Authoritarian Rule in Bangladesh

A Joint Statement on International Human Rights Day, 2020 The international community should take a strong stand for the protection of human rights in Bangladesh, seven human rights groups said on International Human Rights Day. As Bangladeshis grapple with the impact of Covid-19, the ruling Awami League has used the pandemic to tighten the screws on critics and the […]

NEPAL: The Government of Nepal has been using the Covid-19 Pandemic to Exercise Control, to Commit Human Rights Violations and to Deny Justice to Victims of Human Rights Abuses

Statement | Nepal | 09-12-2020

A Statement by the Asian Human Rights Commission on the occasion of the international human rights day The Khadga Prasad (K.P.) Sharma Oli led Government has long been criticized for its response to the Covid-19 pandemic in Nepal. Despite the blanket lockdown imposed on the entire country since 24 March 2020 and the end of […]