Judicial system

SRI LANKA: Legal arguments against the proposal to present the draft Constitution

The basic legal argument against the proposal to present the draft Constitution is as follows; The proposal is based on a false premise as it denies the process of the making of the Constitution whereas it must provide everyone and every group of people the right of participation as it is a Constitution of the […]

SRI LANKA: Fake constitutions create irrational societies

By Basil Fernando A fake Constitution alters the rules of logic that are the basic foundations of a good constitution. The change of logic leads to irrationality. The spread of irrationality into public institutions creates rotten systems within such public institutions. Where the public institutions go rotten, every aspect of social life comes into severe […]

INDONESIA: Pontianak District Court Decision not serious in Judging Cases of the Destruction of the Mosque Built by Ahmadiyya

In the case of the destruction of the Miftahul Huda Mosque, a total of 22 defendants were involved. On Thursday, January 6, 2022, the Pontianak District Court held a hearing with the agenda of a verdict against 21 defendants in the case of the destruction of the Miftahul Huda Mosque which was built by the […]

INDONESIA: Investigate the 2014 Paniai Case: The Attorney General Needs to Examine the Involvement of the TNI Commander in the Paniai Case

The Asian Human Rights Commission (AHRC) supports the Commission for the Disappearances and Victim of Violence (KontraS) highlighting several things about the beginning of an investigation of serious human rights violations in Paniai, Papua that occurred on 7 – 8 December 2014 by the Attorney General’s Office. Previously, the AHRC has issued an urgent appeal […]

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 […]

NEPAL: THE STATE IS FAILING ITS CITIZENS

Statement | Nepal | 10-12-2021

A Statement by the Asian Human Rights Commission on the occasion of the 73rd International Human Rights Day Nepal underwent its third cycle of the UN Human Rights Council’s Periodic Review (UPR) in Geneva in January 2021. Nepal has ratified over 24 various human rights conventions and declarations but has been weak in its implementation. […]

INDONESIA: A Mama Shot in Intan Jaya, Proves that the Government Failed to Protect Womens’ Rights to Security in Papua

The Asian Human Rights Commission (AHRC) condemns the shooting incident allegedly carried out by members of the Indonesian National Army (TNI) against a woman in Mamba Village, Intan Jaya. The woman who was shot was named Agustina Ondou (21). She is currently receiving treatment from the medical staff at the Community Health Center (Puskesmas) from […]

INDONESIA: A police officer who slammed a student activist must be prosecuted under the fair trial principle

On Wednesday, October 13, 2021, a video with a duration of approximately 45 seconds circulated, which once again showed the brutality of a police officer. Here is the video link. In the video, a police officer can be seen slamming a participant of a demonstration onto the sidewalk, causing the person concerned to lie down and […]

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 […]

SRI LANKA: A forwarded interview. On the objection to the new constitution proposed by the government

A video presentation produced by Mr. Victor Ivan published by the Asian Human Rights Commission The Asian Human Rights Commission wishes to share with you the following video produced by Mr. Victor Ivan Kindly see the following link for a valuable interview with Victor Ivan on the objection to the new constitution proposed by the […]

NEPAL: LONG MARCH TO JUSTICE

Statement | Nepal | 20-10-2021

A group of 14 persons mostly women, arrived in Kathmandu from the Nepalgunj District. They walked all the way which is almost over 500 kilometres. The group started their long march for justice on 14 September 2021. After being denied justice by the local Authorities, the group decided to march to the capital, Kathmandu, on […]

SRI LANKA: CPC Amendment Bill Will Undermine The Role, Function & The Independence Of Judiciary

By Basil Fernando There are many objections that can be taken against the proposed Code of Criminal Procedure Bill on the basis of the unconstitutionality of many of the provisions of the Bill. Some of these objections are as follow; The essence and core of the Bill is to dispense with the requirements of the […]

SRI LANKA: The proposed amendment to CPC will create serious problems for administration of justice

By Basil Fernando The proposed Code of Criminal Procedure (Amendment) Bill to amend the Code of Criminal Procedure Act No. 15 of 1979 will open up a Pandora’s box of serious abuses. In essence what the Bill proposes is to allow Magistrates to dispense with the personal attendance in court of a suspect or accused. […]

SRI LANKA: THAT NONSENSE CALLED CRIMINAL JUSTICE

Basil Fernando A guy enters into two prisons with a gang of his friends. In one of the prisons he threatens a group of prisoners undergoing trial by placing his pistol on the forehead of one. He tells them what they should do about their case. Inside another prison he wants his friends and himself […]

ASIA: Human Rights Council’s Interventions Should be Contextually Realistic

An Oral Statement to the 48th Regular Session of the UN Human Rights Council from the Asian Legal Resource Centre (ALRC) Madam President, We wish to bring to the attention of the Human Rights Council that a serious undermining of the rule of law is happening in several countries of Asia such as the Philippines, […]

INDONESIA: Two Human Rights defenders receive warning letters after criticizing the Minister for Maritime Affairs and Investment

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM Urgent Appeal Case: AHRC-UAC-008-2021  September 15, 2021 ——————————————————————— INDONESIA: Two Human Rights defenders receive warning letters after criticizing the Minister for Maritime Affairs and Investment. ISSUES: freedom of expression and opinion, access to justice, fair trial —————————————- Dear Friends, The Asian Human Rights Commission (AHRC) has received […]

BANGLADESH: Government Uses Arbitrary Detention and Degenerated Judiciary Against Dissidents

A Written Statement to the 48th Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Centre (ALRC) brings the issue of arbitrary detention and the degenerated justice mechanisms to the United Nations Human Rights Council focusing on the situation in Bangladesh, which is a Member of […]

INDONESIA: New Regulation on Special Autonomy for Papua must ensure protection for Indigenous Papuans

A Written Statement to the 48th Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Center (ALRC) wishes to draw the attention of the UN Human Rights Council to the problem of amendment of Law on Special Autonomy for Papua. The House of Representatives of […]

BANGLADESH: Enforced Disappearances Must Warrant Consequences

A Written Statement to the 48th Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Centre (ALRC) raises the issue of Bangladesh’s rabid enforced disappearances to the United Nations (UN) Human Rights Council’s 48th Regular Session. Bangladesh’s incumbent government began using enforced disappearances as one […]

SRI LANKA: The Emergency Powers Of The President & The Situation Of Women

By Basil Fernando While Sri Lanka is faced with many crises, the President has acquired the powers to act under the National Security Law by taking emergency powers into his hands. Will that contribute to Sri Lanka’s ever deepening crises or will the situation aggravate, as all power is taken away from everyone else except […]