Judicial system

SRI LANKA: All policy and no principles lead to catastrophe

Comments on the views of Rajpal Abeynayake and Nath Amarakoon on judicial review Basil Fernando The SLBC programme inappropriately entitled “People’s Power” is continuing with its misinformation campaign against basic principles of constitutionalism. On the programme that aired on the 13th of December, there were amusing misinterpretations of the constitutional history of the United States, […]

WORLD: An interview with Noam Chomsky — Nothing can justify torture

Professor Noam Chomsky is an Institute Professor and Professor (Emeritus) in the Department of Linguistics & Philosophy at Massachusetts Institute of Technology (MIT). He was educated at the University of Philadelphia and at Harvard University as a Harvard Junior Fellow. He earned his PhD in Linguistics from the University of Philadelphia in 1955. He has […]

SRI LANKA: Concern for independence of the judiciary

LAWASIA, the Law Association for Asia and the Pacific, has observed with considerable concern developments in Sri Lanka with regard to the impeachment of the Chief Justice. It notes the view of its member organisation, the Bar Association of Sri Lanka, that the Parliamentary Select Committee appointed to investigate the charges was unconstitutional and that […]

PAKISTAN: Malala — Not the broker, but the breaker of silence

Share| When I was leaving Pakistan for Hong Kong, after a long trip to different countries, I received some shocking news at Karachi International Airport. Mr. Solangi, the Director General of Radio Pakistan informed me about the news that Malala Yousufzai had been attacked by the Taliban and was in critical condition. The doctors were […]

SRI LANKA: Senior most judge seeks fair trial for CJ

Justice C. G. Weeramantry, former senior vice president of the International Court of Justice and the Senior Most Retired Judge in Sri Lanka, said yesterday it was essential that a tribunal deciding on the rights of any citizen must consist of persons who are totally uncommitted before the hearing. If any members of the tribunal […]

SRI LANKA: SLBC questions whether the rule of law is so sacrosanct

On the SLBC radio, in the mornings, there is a program that is inappropriately entitled “People’s Power.” It is just political stooge programming, which tries to take up some current issues and create justifications for government positions. It is a dull and boring presentation but, since some of the issues discussed and the interpretations given […]

SRI LANKA: The government must either bring enabling legislation for a fair inquiry or withdraw the impeachment motion

President Mahinda Rajapaksa stated yesterday that he will initiate a review of the impeachment issue and that he will ensure an independent and fair inquiry. He said that his conscience is not at ease about the issue and that before he will act on the impeachment issue he will ensure that a group of independent […]

PAKISTAN: The intelligence agencies target nationalists groups to cover up the activities of Taliban in Sindh province and their inefficiency

Notorious intelligence agencies have started a campaign against the nationalist groups of Sindh province in the effort to divert the national and international pressures on them and to provide intelligence reports on the activities of the religious fundamentalist groups who operate under the patronage of law enforcement agencies. In the past months the Taliban and […]

SRI LANKA: How did confidential banking information of chief justice leak out?

Dear Sir, I write this note to you as a client and a shareholder of several commercial banks, who are members of your Association, a collective with a proud heritage and high recognition both in Sri Lanka and overseas. I have been a director of two of the commercial banks, who are members of your […]

INDIA: फांसी के फंदे में झूलते

एनडीटीवी के प्राइम टाइम में पीपुल्स यूनियन फॉर सिविल लिबर्टीज़ (पीयूसीएल) की राष्ट्रीय महासचिव कविता श्रीवास्तव ने कसाब को फांसी दिए जाने वाले प्रकरण पर अपनी बात रखते हुए कहा कि “हमें बड़े ही शर्म के साथ कहना पड़ रहा है कि हमें एक निर्दयी राष्ट्रपति मिले हैं जो फांसी की सजा दे देते हैं” […]

PHILIPPINES: Strong rights, no remedy

The Asian Human Rights Commission (AHRC) has released its 15-page report on the situation of human rights in the Philippines this year. The report, titled “Strong rights, no remedy,” gave detailed analysis on the absence, if not lack of adequate remedy and redress to any forms of violation of rights in the country’s system of justice. The […]

CAMBODIA: On International Human Rights Day, CCHR calls for all Cambodians and donors alike to stand up for human rights in Cambodia

Today, 10 December 2012 — International Human Rights Day (IHRD) —  the Cambodian Center for Human Rights (CCHR) calls for all Cambodians and donors alike to stand up for human rights in Cambodia.  In light of the alarming deterioration of human rights since the start of 2012, today is an opportunity for poignant reflection and […]

SOUTH KOREA: Need for discourse on decentralisation of power

The full report is available for download at: http://www.humanrights.asia/resources/hrreport/2012/ahrc-spr-010-2012.pdf In the year of 2012, while the major concerns about human rights in South Korea have continued it is also important to note that it is the year when the core problems of justice delivery systems, such as the police, prosecution and the court were exposed. These […]

INDIA: What is the value of rights without justice?

Concepts of equality, dignity and justice are fundamental to realising human rights irrespective of jurisdictions. Universally recognised as yardsticks to measure the probity in realising human rights in a country, and guaranteed to every Indian by the Constitution of India, these normative and essential prescriptions of a justice design is experienced far below the expected […]

BANGLADESH: Government exposes its ‘zero commitment’ for people’s rights

The full report is available for download at: http://www.humanrights.asia/resources/hrreport/2012/ahrc-spr-003-2012.pdf/view The World Human Rights Day is being marked in Bangladesh, as it is being observed across the world, with tremendous frustration and hopelessness concerning the possibility to achieve justice from the criminal justice system of the country. Human Rights Day, on December 10, formally reminds the citizens […]

PAKISTAN: ‘Being Human’ in itself is strength to realise ones’ rights, importance!

According to the Universal Declaration of Human Rights (UDHR), adopted and proclaimed on 10 December 1948, the Human Rights Day presents an opportunity, every year, to celebrate human rights, highlight a specific issue and advocate for the full enjoyment of all human rights by everyone everywhere. The day is observed every year to ensure the […]

SRI LANKA: Remote control of justice

Next Saturday, the Bar Association will meet to discuss the resolution of non-cooperation with anyone who may be chosen to be the next Chief Justice in the event that the incumbent Chief Justice is impeached. While that matter is being considered, a question may also be asked as to whether any person with integrity and […]

SRI LANKA: The fight against reducing the judiciary to a government stooge

The letter written by the senior and well-respected lawyer SL Gunasekara provides a very thought-provoking approach to dealing with the present impasse created by the government’s wish to proceed with the impeachment against the Chief Justice Shirani Bandaranayake, which they are doing irrespective of the request made by the Supreme Court to delay proceedings on […]

SRI LANKA: PSC continues with the fake inquiry

Yesterday (6th December) Chief Justice Shirani Bandaranayake and her legal team walked away from the PSC inquiry after clearly stating that she had no faith in it. Subsequently, she has written to the Speaker Chamal Rajapaksa through her lawyers and clearly set out that the PSC does not qualify in terms of the constitutional requirements […]

SRI LANKA: It is just a hop, skip and jump from enforced disappearances to the impeachment of the Chief Justice

It is clear by now that the attempted impeachment is being done in a completely lawless manner. The present approach adopted for the inquiry is no different to a committee consisting of a man’s enemies being assigned to conduct a murder trial against him. Regardless of the man’s guilt or innocence, the enemies will ensure […]