Judicial system

PAKISTAN: Supreme Court’s order puts question mark on democracy

In a surprising move, the Chief Justice of Pakistan has directed the National Accountability Bureau (NAB) to arrest the Prime Minister of Pakistan in the Rental Power Projects Cases HRC No: 7734G of 2009. On 15.01.2013 the Supreme Court of Pakistan over reached its judicial power and all boundaries of its jurisdiction. The court, once […]

PHILIPPINES: Problems in enforcing Anti-Torture and Cybercrime Laws

On January 15, the Supreme Court of the Philippines (SC) heard oral arguments questioning the constitutionality of the Cybercrime Prevention Act of 2012 and its conformity to international norms and standards. The Cybercrime Prevention Act is one of the many unprecedented pieces of legislation in the Philippines in recent years. The Cybercrime Law is expected […]

SRI LANKA: Unleashing a period of terror again

With the law, the legal institutions and the courts diminishing in value secret agencies are surfacing quite openly once again. The presence of the military and the police the night before Mohan Peiris was sworn in as chief justice and also during the day itself and the ferocious manner in which the Chief Justice, Dr. […]

SRI LANKA: Status report of the Lawyers Collective

On 14th January, around 7 pm the Secretary to the President and DIG Anura Senanyaka required the Registrar of the Supreme Court to pack all belongings of the Chief Justice (Dr. Bandarayaka) and send the same to her residence. He had also been told that the new Chief Justice would  arrive on the following day […]

SRI LANKA: Appointment of new Chief Justice undermines Rule of Law

The appointment of former Attorney General Mohan Peiris as Sri Lanka’s new Chief Justice raises serious concerns about the future of the Rule of Law and accountability in the country, the ICJ said today (January 15). Mohan Peiris has served in a variety of high-level legal posts in the past decade, always playing a key […]

SRI LANKA: CJ Shirani Bandaranayake’s statement

I am the 43rd Chief Justice of the Democratic Socialist Republic of Sri Lanka. As the Chief Justice, I have an obligation and an unwavering duty towards the judges, lawyers and the citizens at large of my country. I stand here before you today having been unjustly persecuted, vilified and condemned. The treatment meted out […]

SRI LANKA: The president’s choice for Chief Justice is no respecter of the law

This morning, according to reports, the main gates leading to the Supreme Court of Sri Lanka remained closed and heavily guarded in order to prevent the Chief Justice, Dr. Shirani Bandaranayake from entering in order to continue to function as the legitimate holder of the post of Chief Justice. She has rejected the ouster by […]

SAUDI ARABIA/SRI LANKA: The AHRC writes to the UN and Sri Lankan President

(Note: We reproduce below the text of the letter written to the UN High Commissioner and the President of Sri Lanka requesting to cause an inquiry into the verdict and the execution of Rizana Nafeek who was executed in Saudi Arabia on January 9.) The AHRC requests all concerned persons to write to the UN […]

PHILIPPINES: Debate on constitutionality of Cybercrime Law

At 2pm today, the Philippines Supreme Court will hear petitions challenging the Constitutionality of the newly approved law, Cybercrime Prevention Act of 2012 (Republic Act No. 10175). The law was approved in September 12, 2012, but the SC issued a Temporary Restraining Order (TRO) after petitions were filed questioning the conformity of the law to the […]

SRI LANKA: Dismissal of the Chief Justice in Sri Lanka

Commonwealth Secretary-General Kamalesh Sharma today expressed deep disappointment at the dismissal of the Chief Justice of Sri Lanka. The Secretary-General recalled his earlier statements about this matter, in particular his statement following the decision by Parliament on 11 January to impeach the Chief Justice, in which he had urged the Executive to pause and reflect […]

SRI LANKA: Canada condemns dismissal of Sri Lankan chief justice, urges commonwealth action

Stephen Harper today issued the following statement regarding the dismissal of Sri Lankan Chief Justice Shirani Bandaranayake: “Canada is deeply concerned by Sri Lankan President Rajapaksa’s decision to remove the Chief Justice from office following an impeachment process which appeared to be highly politicized and lacking transparency and respect for the guarantees of due process […]

SRI LANKA: Proposing Mohan Peiris as CJ belies the claim that the impeachment was all about integrity

It has been reported that the name of Mohan Peiris has been proposed as one of the names for the office of Chief Justice by the Sri Lankan government. If the role of the chief justice is to be that of a stooge of the government perhaps there is hardly anyone more suited to the […]

INDIA: What is fundamentally wrong with the criminal justice system?

The ensuing debates after the rape in Delhi has thrown up several opinions, some poignantly valid and others ridiculous, about what changes are to be made to the criminal justice process to effectively address the scornful menace of rape and forms of sexual violence in India. An alarmingly large proportion of the population, if the […]

SRI LANKA: Joint statement from CHRI and SLC

We note with grave concern that the Sri Lankan Parliament has decided to remove the Chief Justice of the country through a Parliamentary Select Committee, in contravention of a Constitutional determination by the Sri Lankan Supreme Court. The Court had determined that such a decision could only have been constitutionally taken through an Act of […]

SAUDI ARABIA/ SRI LANKA: UK Foreign Office and France condemn killing of Rizana Nafeek in Saudi Arabia

Both the United Kingdom Foreign Office and France issued statements condemning the killing of Rizana Nafeek. However, the Sri Lankan government which expressed sadness about the killing did not make any statement specifically condemning the killing. Commenting on reports that Sri Lankan national, Ms Rizana Nafeek, was executed yesterday in the Kingdom of Saudi Arabia, […]

SRI LANKA: A crisis of the state

The parliament in Sri Lanka, in defiance of the judgement of the Court of Appeal which was based on the interpretation of law provided by the Supreme Court of Sri Lanka, yesterday (January 10), started a debate on the impeachment of the Chief Justice. A vote on the impeachment will be taken at the end […]

SRI LANKA: Lawyers Collective writes to the Supreme Court

Your Lordships and Your Ladyships of the Supreme Court, THE ATTEMPT TO REMOVE THE CHIEF JUSTICE FROM OFFICE AND TO REPLACE HER CONTRARY TO THE PROVISIONS OF THE CONSTITUTION As Your Lordships and Ladyships are aware the Supreme Court has on the 1st of January 2013 exercised its Constitutional Jurisdiction and interpreted the Constitution holding that […]

SAUDI ARABIA/SRI LANKA: Sri Lankan woman executed today in Saudi Arabia

The International Commission against the Death Penalty (ICDP) condemns today’s execution of Rizana Nafeek, a Sri Lankan housemaid, in Saudi Arabia. She was beheaded in Dawadmi province near Riyadh. Rizana, a teenage domestic worker, was condemned to death after a four-month-old baby boy she was bottle-feeding choked and died in 2005. According to her birth […]

SRI LANKA: Wiping out the critical intellect – will the President push us into that abyss?

Anyone who uses their capacity for critical thought would know that the courts are the final authority in the interpretation of law; this means that once the highest court makes a determination on a matter of law, it should be accepted and acted on. If there is any error, the way to deal with it […]

SRI LANKA: Lessons to be learned from the failure to save Rizana Nafeek

From the day on which Rizana was arrested on a false charge of murder to the day of her execution, seven years elapsed. During this time, if proper diplomatic effort was made with the required seriousness, the life of this young girl could have been saved. The following are some of the reasons for the […]