Judicial system

SRI LANKA: Why a Presidential Commission cannot ensure protection of human rights and why foreign observers cannot play a positive role in such a commission? The case for an international monitoring mission

The Asian Human Rights Commission is concerned about the negative response of the Sri Lankan government to international requests for the establishment of an independent international human rights monitoring mission in Sri Lanka and are dismayed that what is offered instead is a local Presidential Commission with the possibility of some international observers being allowed […]

SRI LANKA: The Sri Lankan state shows complete disregard for its international human rights obligations

(The state’s failure to implement the views and recommendations of the Human Rights Committee on individual complaints, and the failure to implement the Human Rights Committee’s and the CAT Committee’s recommendations after periodic reviews.  The resulting situation of the bewildering absence of protection to the citizens and the total absence of effective mechanisms to investigate, […]

THAILAND: MILITARY COUP–No way forward but backward

On September 27 the Bangkok Post newspaper published an article pointing to the likely shape of Thailand’s new draft interim constitution in the wake of the September 19 military coup. The interim constitution is expected to grant amnesty to the coup leaders. It will set up a 250-member legislature with limited powers, and a 2000-member […]

SRI LANKA: The recent judgement of the Supreme Court on the Singarasa case is an attack on the sovereignty of the people

Earlier the Asian Human Rights Commission (AHRC) circulated the complete text of this judgement (please see AS-217-2006).  Among the many completely baseless legal positions on which this judgement is premised there are some outstanding issues.  The AHRC intends to explore a comprehensive critique on this judgement soon.  In the meantime we would like to mention some […]

THAILAND: MILITARY COUP – Restore civilian government immediately

The Asian Human Rights Commission condemns the military coup in Thailand and calls for immediate restoration of civilian government. At approximately 10pm on September 19 a group of officers headed by army Commander-in-Chief General Sonthi Boonyaratglin took power while Caretaker Prime Minister Thaksin Shinawatra was attending the UN General Assembly in New York. The group, […]

SRI LANKA: Have no illusions — the Supreme Court of Sri Lanka is a part of the human rights violation mechanism

We reproduced below a judgement made by a bench of five judges, presided over by the Chief Justice, Sarath N. Silva, of Sri Lanka, which leaves no doubt that the court wishes to nullify the impact of Sri Lanka being a party to the International Covenant on Civil and Political Rights (ICCPR) as well as […]

SRI LANKA: Supreme Court removes country from obligations under international law, raises unprecedented questions for UN

A judgment made by the Supreme Court of Sri Lanka on Friday, September 15 has all but removed the country from the international human rights community. The court declared that neither United Nations conventions signed by Sri Lanka nor the directives of monitoring bodies are binding on the country. The decision has tremendous ramifications both […]

NEPAL: Appointment of Army Chief under investigation for gross abuses must be rescinded

Statement | Nepal | 13-09-2006

The Asian Human Rights Commission (AHRC) has been informed that army Lieutenant General Rukmangat Katuwal was appointed as army Chief of Staff of Nepal on September 10, 2006, by Prime Minister Girija Prasad Koirala. Mr. Katuwal, who was set to retire before this appointment took effect, stands accused of being responsible for a plethora of […]

NEPAL: A travesty of justice – military personnel who tortured 15 year old Maina Sunuwar to death must be tried by a civil court

Statement | Nepal | 04-09-2006

Maina Sunawar was 15 years old when members of the Nepalese armed forces arbitrarily arrested her. Since this date – February 17, 2004 – she has disappeared. All the evidence indicates that she was tortured to death by members of the military, who have since sought to deny her arrest and cover up her death. […]

SRI LANKA: Death threats to senior police and collapsed rule of law

The Asian Human Rights Commission (AHRC) is concerned but not surprised to hear that a senior police officer was threatened with death on 9 August 2006 when an anonymous caller to the police headquarters in Colombo said that a Deputy Inspector General (DIG) from the Tamil community would be killed soon.  The AHRC is concerned […]

SINGAPORE: Why the case of Dr Chee Soon Juan and another must go to trial

The statement: 31 Jul 06 Dr Chee Soon Juan and Ms Chee Siok Chin have applied for the courts not to allow Messrs Lee Kuan Yew and Lee Hsien Loong to proceed with their summary judgement as this would deprive the Defendants of a trial. Lawyer Mr M Ravi argued in his submissions that under […]

UPDATE (Philippines): Another delay by Ombudsman prevents filing of murder charges against military men

[RE: FA-06-2005: PHILIPPINES: three people killed and three others wounded by military forces in Matanao, Davao del Sur, Mindanao; UP-46-2005: PHILIPPINES: A call for speedy resolution of a case filed against the military in the killing of Indigenous Peoples (IPs) in Kiblawan, Davao del Sur; UA-72-2005: PHILIPPINES: Prosecutor’s inaction to file murder charges against military […]

BANGLADESH: Failure to separate judiciary and executive makes Bangladesh unsuitable for UN Human Rights Council

This is the first of five open letters that the Asian Human Rights Commission (AHRC) feels compelled to write to the UN Human Rights Council concerning the horrible human rights situation in Bangladesh, and its causes. We are doing this as we are deeply concerned for the integrity and credibility of the Council if Bangladesh […]

SRI LANKA: J.R. Jayawardene’s obsolete and ancient mind did not comprehend the political and social dynamics of adult franchise

Paper | Sri Lanka | 01-08-2006

By Basil Fernando This paper has been prepared to encourage discussion on the limits of the developments on the impact of adult franchise as a factor contributing to the present crisis in Sri Lanka Born in 1906 J.R. Jayawardene was already 41 years-of-age at the time of independence.  His formative years and the family background […]

PAKISTAN: Judiciary responsible for failure to address disappearances

The higher courts of Pakistan have failed to respond to the growing number of abductions and forced disappearances at the hands of the country’s security forces. Instead they are in effect acting as accomplices to the perpetrators.  In what manner have the courts failed? Either they fail to take notice of a case, or they […]

SRI LANKA: Sri Lankan workers are not slaves — Chief Justice’s equating employers with the nation has no basis in law

According to a report in the press (Daily News July 26, 2006) the Chief Justice is quoted as having said:  ‘”go slow” activity as a pernicious act committed against the whole country. He noted that the whole country had to suffer because of the strike country also lost billions of rupees.’ [sic] The argument by […]

PHILIPPINES: Stopping the extra-judicial killings must be a priority in your State of the Nation Address (Sona)

The Asian Human Rights Commission (AHRC) writes to you in advance of your State on Monday, July 24. While we look forward to what you will be reporting regarding the present situation of your country and future plans, we would like to draw your attention to the state of human rights in the Philippines, which […]

PHILIPPINES: Police “solve” cases but killings continue

The Philippine National Police have a unique definition of the word “solved”. According to them, once a charge is filed against a suspect with the Office of the Prosecutor it is solved. Suspects not arrested? No matter, it is solved. Investigation flawed? No matter, it is solved. Requests of victim’s family for more inquiries unanswered? […]

SRI LANKA: The Human Rights Commission of Sri Lanka has stopped investigations into 2000 disappearance cases to avoid having to pay government compensation to the victims

In a very strange move that will surprise anyone concerned with the global effort to eradicate disappearances and gross human rights violations, the Human Rights Commission of Sri Lanka (HRCSL), which claims to be the country’s prime agency for the protection and promotion of human rights, officially decided to stop further inquiries into disappearance cases […]

THAILAND: The impossibility of complaint against the police

On July 17 the Asian Human Rights Commission (AHRC) issued an appeal on the alleged torture, armed robbery, illegal detention, and attempted rape and extortion of two persons in Saraburi, just northeast of Bangkok in Thailand. According to Uthai Boonnom, he and his partner were taken–at gunpoint and blindfolded–to a house in the forest where […]