Judicial system

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 […]

SRI LANKA: We salute the Chief Justice and her legal team for the historical decision to walk out of the PSC proceedings.

We call upon the people, in particular the judges and lawyers, to grasp the historic significance of this moment It is news now that the Chief Justice Shirani Bandaranayake and her legal team, led by Romesh De Silva PC, walked away from the Parliamentary Select Committee proceedings, expressing no confidence in the manner in which […]

SRI LANKA: PSC offers the CJ an inquiry without witnesses

The Parliamentary Select Committee (PSC) inquiring into the allegations against the Chief Justice, Dr Shirani Bandaranayake in a surprising and shocking move informed her that during this inquiry no witnesses would be produced and therefore there would be no room for cross examination. An ‘inquiry’ without witnesses naturally cannot be an inquiry at all. The […]

SRI LANKA: An E-Book collection of documents relating to the impeachment motion against Shirani Bandaranayake, the Chief Justice of Sri Lanka

(Hong Kong, December 6, 2012) We are happy to announce the publication of an E-Book which is a collection of documents and articles. The motion for the impeachment of Chief Justice Shirani Bandaranayake has caused the most important constitutional crisis experienced in Sri Lanka in the recent decades. Please see the E-Book here. This is the […]

SRI LANKA: Media Release on Why CJ Walked Out

Today the Chief Justice of Sri Lanka Dr. Shirani Bandaranayake walked out of the Parliamentary Select Committee in protest in the face of hostile and biased conduct of the government members of the PSC so as to ensure the dignity of the judiciary of Sri Lanka. The Chief Justice reiterates that she is innocent of […]

SRI LANKA: Judiciary sans independence: The Sri Lankan chronicle

The future of a judge who would have been the longest serving Chief Justice of the nation is grim in Sri Lanka. Widely alleged as politically motivated, the current move by the President to impeach her gives an opportunity to analyze the soundness of constitutional principles relating to judiciary in general and impeachment of judges […]

BURMA: Court issues landmark ruling on death in police custody; two accused police themselves die under dubious circumstances

In a landmark ruling, a court in Burma has rejected the police version of events that led to the death of a man in their custody, and has opened the door to a charge of murder to be brought against the officers involved. In its findings of 9 November 2012, a copy of which the […]

SRI LANKA: Why not telecast the impeachment proceedings?

According to reports, the Chief Justice (CJ) through her lawyers have informed the Parliamentary Select Committee (PSC) that she wishes to waive the right to have the impeachment proceedings in-camera and instead wishes the inquiry to be open to the public. The Rajapaksa government has used every opportunity to make their allegations against the CJ […]

SRI LANKA: From a farce to witch hunt

The impeachment of the Chief Justice which was staged as a farce has now turned into a blatant witch hunt where the government is shamelessly mobilising taxi drivers and other mobs to call for the resignation of the Chief Justice. Today was declared by the lawyers a day of protest against the impeachment process which […]