Article

SRI LANKA: A Gulag Island — a response to Dayan Jayatilaka — the mentality of the phantom limb — Asian Human Rights Commission

Basil Fernando Dayan Jayatilaka begins his article with the words, “I am proud of my country, Sri Lanka.” To demonstrate the differences in our points of view I would like to begin by stating that, while I am proud of some aspects of Sri Lanka I am also very ashamed of many other aspects of […]

SRI LANKA: Biriani, Arrack and Kassipu for ‘Some’ Journalists

FOR PUBLICATION AHRC-ART-050-2009 September 22, 2009 An Article by the Asian Human Rights Commission SRI LANKA: Biriani, Arrack and Kassipu for ‘Some’ Journalists Basil Fernando “Go to any police station in the evening. You will find several journalists there. They come on their way home, to have a drink of kassipu, from the stash that […]

SRI LANKA: Unrule of law and manipulations by the Attorney General’s Department

FOR PUBLICATION AHRC-ART-048-2009 September 16, 2009 An Article by the Asian Human Rights Commission SRI LANKA: Unrule of law and manipulations by the Attorney General’s Department Basil Fernando The Attorney General shocked the nation by making a request to the High Court of Colombo to withdraw an indictment against an accused charged with preparation of […]

SRI LANKA: The government should appoint a group of Supreme Court Judges to inquire into the police extrajudicial killings

Basil Fernando Large crowds gathered around the Angulana police station today (13th of August) as the news spread of two schoolboys killed due to police assault. The bodies of the two boys, Dinesh Tharanga Fernando and Danushka Udaya, were found near the railway tracks. They had been arrested on the previous day, allegedly for teasing […]

SRI LANKA: Deshabandu Dushyntha Senewiratne

Four pairs of eyes belonging to four siblings, the eldest of whom was fifteen, were fixed upon a scene happening on the morning of the 22nd of July at Beligahahandiya in Galle. What they saw in that moment will remain fixed in their minds for the rest of their lives, more than anything else they […]

SRI LANKA: The attack on lawyers on the Defense Ministry website amounts to contempt of court

SUNDAY, JULY 12, 2009 By Basil Fernando (July 13, Colombo, Sri Lanka Guardian) Lawyers are officers of the court. Any attack on them in relation to their official functions . The publication of a statement against several lawyers, with photographs of three of them – naming them as traitors because they have appeared on behalf […]

SRI LANKA: The law is a dangerous thing

This is a discussion among several imaginary characters. These imaginary characters do not represent any living persons. The Characters A journalist who is conducting the interview, a senior police officer who had agreed to speak on the condition of anonymity, a retired judge, a political scientist and a philosopher. Journalist– This discussion is about the […]

SRI LANKA: Criminal gangs and the failure to invest in the administration of justice

About a hundred criminals have been shot dead either in gun battles with the police or in mysterious circumstances like trying to attack police officers, even when handcuffed. This was revealed in an article published in the Sunday Lakbimanews, written by Gayan Kumara Weerasinghe. The article goes on to enumerate many criminal gangs operating around […]

PAKISTAN: The real need to make torture a heinous crime under Pakistan law

FOR PUBLICATION AHRC-ART-032-2009 June 26, 2009 An Article on the menace of torture in Pakistan by the Asian Human Rights Commission PAKISTAN: The real need to make torture a heinous crime under Pakistan law Torture in custody is a common phenomenon in Pakistan because of the rogue legal system and impotence of the rule of […]

SRI LANKA: New Chief Justice Asoka de Silva welcomed by Bench and the Bar

(The new chief justice Asoka de Silva was welcomed by the Bench and the Bar on 11thJune at the Superior Court Complex at a ceremonial sitting. The address of the Chief Justice Asoka de Silva to the audience on this occasion is reproduced below – editor). I thank you both Mr. Attorney, Mr. Dayaratne, The […]

SRI LANKA: Crimes, dengue fever, attacks on journalists, problems of toilets and food and euphoric celebrations

Basil Fernando Ankubura Seelaratne is a 25-year-old Buddhist monk who with youthful exuberance was engaged in campaigns to eliminate the sale of illicit liquor. Last week he was hospitalised in a critical condition after being poisoned. Some of his dayakayas (donors) poisoned the food given to him as part of the Buddhist traditional practice of […]

SRI LANKA: Justice and the rooster coop

(This article is published on the occasion of the retirement of the Chief Justice, Sarath Nanda Silva’s, who is due to leave office on the 7th June. The article examines the fundamental failure of the system of justice in Sri Lanka and the responsibilities for this situation. The article is based on the assumption that […]

SRI LANKA: Justice and the media in peril — Asian Human Rights Commission

Basil Fernando Sri Lanka’s justice system, legal profession and media are all under peril says a report published this week by the International Bar Association’s Human Rights Institute(IBAHRI). The report is entitled, Justice in Retreat: A report on the independence of the legal profession and the rule of law in Sri Lanka. This expression of concern […]

SRI LANKA: Dengue fever and dysfunctional democracy

Basil Fernando 80 persons have died of dengue fever recently. Over 5,000 people are infected and there are fears that of further spread of the virus. The president has asked the authorities to pay more attention to the issue. Diseases happen in all societies. However, the way diseases are dealt with depends on the efficiency […]

SOUTH ASIA: Militarisation and Human Rights in South Asia

This paper was presented to a conference organized by the World Council of Churches held in Bangalore India in April 2009 on Peace, Security and Development in South Asia. As a background to this paper I would like to place a few considerations that may be useful in discussing the subject. A few such considerations […]

PHILIPPINES: Blinding and Paralyzing Fear and Indifference — Asian Human Rights Commission

Jesus answered, ¡§Truly, I say to you, you look for me, not because you have seen through the signs, but because you ate bread and were satisfied. Work then, not for perishable food, but for the lasting food which gives eternal life. The Son of Man will give it to you, for he is the […]

Dr. B.R. Ambedkar who unravelled the unique South Asian master-servant relationship based on the Indian caste system

Basil Fernando B.R. Ambedkar was a man whose work unraveled the unique nature of the master-servant relationship in South Asia. Today is the anniversary of Dr. Ambedkar’s birth. Born to the family of an untouchable on April 14th 1891, Dr. Ambedkar was destined to reveal the central mystery of the South Asian social relationship which, […]

SRI LANKA: The Interim Report of the Parliamentary Committee on NGOs is flawed from the point of view of policy, science and law

Basil Fernando (This article is a comment on the Interim Report of the Select Committee of Parliament for investigation of the Operations of Non-Governmental Organizations and their Impact, which was presented to parliament on December 8, 2008)  The purported aim of the committee and its report is to prevent the abuse of funds by non-governmental […]

SRI LANKA: Part six of an article; the Interim Report of the Parliamentary Committee on NGOs is flawed from the point of view of policy, science and law

Basil Fernando  (This is the sixth part of an article which is a comment on the Interim Report of the Select Committee of Parliament for investigation of the Operations of ‘non-governmental’ Organizations and their Impact, which was presented to parliament on December 8, 2008). On double registration, censorship and surveillance  The Interim Report proposes that […]

SRI LANKA: Part four and five of an article; the Interim Report of the Parliamentary Committee on NGOs is flawed from the point of view of policy, science and law

Basil Fernando (This is the fourth and fifth part of an article which is a comment on the Interim Report of the Select Committee of Parliament for investigation of the Operations of ‘non-governmental’ Organizations and their Impact, which was presented to parliament on December 8, 2008).  Part four – Manipulation of language, part five – […]