Independence of judges & lawyers

SRI LANKA:Is contempt of court unlike any other crime?

By Basil Fernando The purpose of the proposed Bill on the Contempt of Court is to criminalise the acts which may be considered to constitute the offence of contempt of court and to punish it. Clearly, this proposed Bill is meant to create offences under the contempt of court and therefore the purpose is to create […]

SRI LANKA:Does the proposed contempt of court Bill amount to 23rd amendment to the constitution?

By Basil Fernando The draft Bill entitled ‘Contempt of Court, Tribunal or Institutions’, has been included in the parliament’s order paper and the issue of the constitutionality of this Bill will now be subjected to debate. There are several key questions arising from this draft Bill. These are:- Does this proposed law amounts to repeal […]

ASIA: Victims and Litigants Suffer in Absence of Independent Judiciary and Legal Profession

An Oral Statement to the 50th Regular Session of the UN Human Rights Council from the Asian Legal Resource Centre (ALRC) Mr. President The Special Rapporteur’s report has substantively covered the aspects regarding the protection of the lawyers against undue interference and independent exercise of the legal profession. Echoing the Special Rapporteur the Asian Legal […]

SRI LANKA: Suspend PTA immediately – UN Experts tells GOSL

By Basil Fernando  The Sri Lankan delegation to the United Nations Human Rights Council (UNHRC) suffered a great setback when its promise to amend the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 as amended (PTA) was responded to by the 16 UN special experts calling on the Government of Sri Lanka (GoSL) […]

SRI LANKA: The Contempt of Court Law and Practice In Sri Lanka Violates the International Law and Sri Lankan Constitution

Asian Human Rights Commission (AHRC) , a Regional Human Rights Organization, having seriouslyobserved and studied the manner in which the Contempt of Court law and the way it is practiceLin Sri Lanka, wish to express its deep concern over the violations of International law and the Sri Lankan Constitution itself, by depriving protection of law […]

INDONESIA: Constitutional Court Decision on the Review of the Omnibus Law Regulation: a decision that mocks the Constitution and the people

On November 25, 2021, the Constitutional Court in its judgment Number 91/PUU-XVIII/2020 stated in essence: 1. The Establishment of the Law Number 11 of 2020 concerning Job Creation is contrary to the 1945 Constitution and does not have conditionally binding legal force as long as it does not mean “no amendments have been made within two […]

SRI LANKA: Legal and Societal Consequences Arising from the Failure to Deal with Enforced Disappearances

(Issued on 27 October 2021, 31st annual commemoration of the disappeared in Sri Lanka.) A statement on enforced disappearances Every year, on the 27th of October, there is a commemoration of the persons who have been made to disappear by force. The day is called ‘the day of commemoration of the enforced disappearances. On this […]

INDONESIA: 55 Tahun Genosida, Mana Tanggungjawab Negara?

A Joint Statement by the Asian Human Rights Commission & the 1965 Murder Victims’ Research Foundation (YPKP 65) Pada tahun 2012, penyelidikan pro-justicia Komisi Nasional Hak Asasi Manusia (Komnas HAM) untuk Tragedi Kemanusiaan 1965-66 (Genosida 1965) telah merekomendasikan langkah penyidikan sebagai tahap lanjut atas dugaan kuat terjadinya kejahatan HAM berat pada masa lalu di Indonesia. […]

BANGLADESH/WORLD: The nomination of A B M Khairul Haque as a judge of ICC must be opposed for the interest of justice and its integrity

The International Criminal Court (ICC) is about to appoint six new judges as the 9-years tenure of six of the 18 judges ends in 2021. In the lead up to the appointments of the new judges the Assembly of the State Parties (ASP) has already confirmed the nominations of 22 candidates by 15 May 2020. The appointment of the nominated candidates will be […]

WORLD: Competent judicial professionals needed to administer justice to victims of international crimes

An Oral Statement to the 18th Session of the Assembly of State Parties to the Rome Statute of International Criminal Court by the Asian Legal Resource Centre (ALRC) Mr. President, distinguished colleagues, and Excellencies: First of all, please allow me to reaffirm that the Asian Legal Resource Centre (ALRC) stand by the International Criminal Court […]

WORLD: Thai judge survives shooting himself in the chest in open court as a protest against interference with judicial independence

By Basil Fernando In a Thai courthouse on 4th October 2019, Judge Khanakorn Pianchana shot himself in the chest as a protest against interference with the independence of judges in their decision-making process. Fortunately, he survived the suicide attempt – made in open court – and is reportedly out of intensive care. Regarding the issue […]

THAILAND: Military authorities can still arbitrarily detain civilians

A Statement from Thai Lawyers for Human Rights forwarded by the Asian Human Rights Commission   Analysis of the Head of the NCPO Order no. 9/2562 that repealed some Announcements/Orders that are no longer necessary Click here to read the Original Statement On 9 July 2019, Gen. Prayuth Chan-ocha in his capacity as the Head of […]

BANGLADESH: Judiciary abdicates independence

A Written Submission to the 41st Regular Session of the United Nations Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Centre (ALRC) has been consistently expressing its serious concerns over the dysfunctional justice institutions of Bangladesh – an incumbent Member of the United Nations Human Rights Council. The victims’ right […]

INDIA: Deportation of Rohingya refugees against international law

Statement | India | 17-10-2018

The Asian Human Rights Commission (AHRC) is concerned by India’s decision to deport seven Rohingya refugees back to Burma. The seven are among around 40, 000 refugees that have fled to India over the years, escaping the discrimination and violence faced by the minority group in Burma. Last year, two Rohingya immigrants, Mohammad Salimullah and […]

AHRC TV: Indian police suspended for abusing woman and other stories in JUST ASIA, Episode 236

This week Just Asia begins with India, where three police constables were suspended in an incident that went viral. A few days ago a video showing four constables in the state of Uttar Pradesh, slapping and abusing a woman in a car for befriending a man of another religion, went viral. The police allegedly apprehended […]

AHRC TV: Death toll rises in Pakistan’s third deadliest attack and other stories in JUST ASIA, Episode 228

This week Just Asia begins with Pakistan, where 149 people have died in a suicide bomb attack in Balochistan’s Mastung district. A suicide bomber detonated his explosives at an election rally of the Balochistan Awami Party on Friday afternoon. The death toll continues to rise, with more than a hundred others injured. This was the […]

INDIA: Public official’s escorts assault High Court lawyer in Manipur

Statement | India | 17-07-2018

The Asian Human Rights Commission has taken note of the aggressive treatment meted out to Mr. Sevananda Laimayum by a Government official and his escorts. Mr. Sevananda Laimayum is an advocate, serving as the treasurer in the High Court of Manipur’s Bar Association. According to news reports, at around 5:10 pm on the 29th of June […]

AHRC TV: Activist assaulted in Sri Lanka and other stories in JUST ASIA, Episode 227

This week Just Asia begins with Sri Lanka, where well-known rights activist Amitha Priyanthi was attacked by two motorcyclists on July 6. Dressed in black, with helmets covering their faces, the assailants hit Ms. Amitha on her head and other parts of the body, and took her handbag and mobile phone. There is reason to […]

SRI LANKA: A Gratuitous Relationship for the Promotion of Human Rights – AHRC and Sri Lanka

Sri Lanka Report for 2017 2017 was a decisive year for Sri Lanka, showing what progress had – and hadn’t – been made in the past few years. In January 2015, a new government was elected with a massive intervention on the part of the people. For 10 years, their premiere, Mahinda Rajapaksa, ran an […]

SRI LANKA: UNHRC view asking the Sri Lankan government to pay compensation to the victim of sexual abuse and rape.

We reproduce below the full text of the view adopted by UNHRC in Rita Jesudasan’s case. The case was submitted to the committee by ALRC. Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 2256/2013*, ** Submitted by: X. (represented by counsel, Sergey A.            […]