Judicial system

Standing orders protect the judge during proceedings of the PSC and if found guilty, then the proceedings would be published. Otherwise it will not be published (Standing Order 78A(8)). The purpose of this protection is to protect the judge against unfair allegations etc. However, the Standing Orders do not prohibit the waiver of that right […]

No influence from the politician to judicial system and independence to judicial system Rev/ Your Excellency/ Dear Sir/ Madam, You are aware, that a notice of an impeachment resolution signed by approximately 117 Hon members of parliament has been submitted to the Hon the speaker of parliament, against the Hon Chief Justice of Sri Lanka. […]

Noting with grave concern that the impeachment proceedings initiated against Her Ladyship the Chief Justice would inevitably lead to an irreparable loss of confidence and public respect of the judicial system as a whole which in turn would further deteriorate the state of governance of the country. Noting in particular as lawyers from the North and East […]

The Speaker’s ruling relating to the Supreme Court’s notice to the Speaker and the members of the Parliamentary Select Committee does not in any way prohibits the constitutional right of the Court to entertain and to determine the Reference made by the Court of Appeal for a specific question relating to the scope of Article […]

This week, a committed New Delhi based civil rights advocate and incidentally a good friend, observed in a dispassionate aside to an otherwise entirely different conversation in that country that ‘this situation that Sri Lankans are facing regarding the political impeachment of the Chief Justice is quite alien for us to grasp here, even in […]

Today, the federal Ministry for Human Rights arranged an inter-ministerial meeting to discuss the proposed law against torture and custodial death. The proposed draft of the law was submitted by the Asian Human Rights Commission and Anti Torture Alliance Pakistan, with the consent of the Karachi Bar Association, Karachi Union of Journalists, Karachi Press Club, […]

His Excellency the President Democratic Socialist Republic of Sri Lanka Temple Trees Colombo 3 Your Excellency, Importance of avoiding apprehension in the minds of the people in dispensing law and justice in a Democratic Society Sri Lanka is an island which won the eulogy “Daham Divayina” from time immemorial and was praised here and abroad.  […]

We were one of the leading nations in agriculture and many other things in South East Asia. We have lost it all since the 1962 military takeover. Now advisors come from those countries, which were in very difficult position before 1962, to advice us on agriculture, and so many other things. Our health system has […]

Eighty eight journalists have been killed in Pakistan during last decade out of which 36 were shot dead in target killing. In 2012, ten journalists including one TV channel driver were killed in three provinces, Balochistan, Sindh and Khyber Pakhtunkhwa of the country as impunity against Pakistani media rises to unacceptable levels. According to the […]

1. I am Sergei GOLUBOK. I hold postgraduate degrees of LL.M. in International Human Rights Law awarded by the University of Essex in the United Kingdom and Candidate of Juridical Sciences in Public International Law and European Law awarded by the St. Petersburg State University in the Russian Federation. In 2008-2011 I had an honour […]

The Supreme Court (SC) is now possessed with several cases where the Court is constitutionally bound to interpret the constitution and to determine the constitutionality of the Standing Order 78A, that deals with the impeachment procedure. The Supreme Court has made a recommendation that the Select Committee of Parliament (PSC) should not proceed with the […]

The Parliamentary Select Committee’s inquiry has raised the issue of the politicians being judges. Some have even said that the politicians have a better right to judge because they are elected representatives of the people whereas the judges are not. The people elect their representatives for particular purposes. By the very nature of judging guilt […]

In the mid-1930s, Stalin staged several trials that are now known as Moscow Show Trials. The similarities and dissimilarities between them and the “trial by PSC” are as follows. 1.    Stalin’s trials had a façade of justice, in that they were conducted in a court by a judge and prosecutor, and it was an open […]

In Yangon, I have been meeting many persons with long stories to share. Some of those whom we have met are the daughter of the first Prime Minister of Burma, who has returned after 35 years of exile in India.  I also met political activists released from prison after 22, 17 and 5 years. The […]

Yesterday the Supreme Court in a carefully worded order made a request of the Parliamentary Select Committee (PSC) inquiring into the impeachment not to proceed with their inquiry until the Supreme Court made a determination on the reference made to it by the Court of Appeal. The Supreme Court referred to the good relations that […]

The Chief Justice of Sri Lanka, Dr. Shirani Bandaranayake, is facing impeachment in that country. Those who know the state of affairs in Sri Lanka, might have no doubt, that the impeachment is politically motivated. To justify the process, the government has levelled allegations of corruption against Justice Bandaranayake. The Constitution of Sri Lanka (Article […]

It is the Supreme Court that should have created the disciplinary process for judges. The executive or legislature should not have usurped the function of the judicial branch, which is an independent branch. The Standing Orders relating to impeachment of judges should only have been adopted on the advice and the approval of the Supreme […]

The Commonwealth Lawyers Association (CLA), the Commonwealth Legal Education Association (CLEA) and the Commonwealth Magistrates’ and Judges’ Association (CMJA) are concerned about the recent motion in the Sri Lankan Parliament to proceed with the impeachment of Chief Justice Shirani Bandaranayake The existence of an independent and impartial judiciary is one of the cardinal features of […]

(Hong Kong, November 20, 2012) A prominent human rights lawyer who had lost his licence for political reasons among 32 on whose behalf the Asian Human Rights Commission has been campaigning for three years has been informed that he can now again practice law. In a letter dated November 11, the Supreme Court informed U […]

The Asian Human Rights Commission welcomes the release yesterday of a few dozen political detainees in the latest amnesty announced by the government of Burma, as well as the other initiatives contained in an official news release of 18 November 2002, in particular, those aimed at working closely with international agencies on human rights, including […]