Prosecution system

PHILIPPINES: Anti-Terrorism Act is reminiscent of the dark history of martial law era, says CCA General Secretary

The Philippines’ new ‘Anti-Terrorism Act’, which took effect on Saturday, 18 July 2020, is reminiscent of the use of repressive force and human rights violations of the dark history of martial law era, stated the General Secretary of the Christian Conference of Asia (CCA), Dr Mathews George Chunakara. In a statement released on behalf of […]

SRI LANKA: Case of alleged torture, illegal arrest and detention of Liyanage Pasindu Yasantha Perera by some officers of Kalutara District Crime Division

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM Urgent Appeal Case: AHRC UAC-002-2020  16 July 2020 ———————————————————————————- SRI LANKA: Case of alleged torture, illegal arrest and detention of Liyanage Pasindu Yasantha Perera by some officers of Kalutara District Crime Division ISSUES: Torture, Illegal arrest and detention  ———————————————————————————- Dear Friends, The Asian Human Rights Commission (AHRC) […]

PHILIPPINES/WORLD: Her Story Lives: Honoring the Predecessors of the #HijaAko Movement

By: Ma. Hazel Joy Faco Out of breath from running around the city with a big placard in one hand and a heavy, borrowed tripod on the other, I stood in front of the Japanese embassy in Seoul with eighty other activists demanding for an official apology and reparation from the Japanese government. After that […]

PHILIPPINES: Acceleration of extra-judicial killings of jurists in the Philippines

A Written Submission to the 44th Regular Session of the United Nations’ Human Rights Council Jointly Submitted by the Asian Legal Resource Centre and Lawyers’ Rights Watch Canada The United Nations (UN) Human Rights Council (Council), during its 41st Session, adopted Resolution A/HRC/41/L.20, Promotion and protection of human rights in the Philippines (Resolution 41/L.20)1, requesting […]

ශ‍්‍රී ලංකාව: පොලීසියට වධහිංසාවට එරෙහි නීතිය උගන්වන ලෙසට ශ්‍රේෂ්ඨාධිකරණය විධාන කරයි

 ආසියානු මානව හිමිකම් කොමිසම – හදිසි අභියාචනා වැඩසටහන ලංකාවේ  මූලික අයිතිවාසිකම් පිළිබද නඩුවක් විභාග කර එහි තීන්දුව දුන් ශ්‍රේෂ්ඨාධිකරනයේ ත‍්‍රිපුද්ගල විනිශ්චය මණ්ඩලය ලංකාවේ බලධාරීන්ට පහත සදහන් නියෝගයද කරන ලදී.  ‘මෙම අධිකරණය ඉදිරියේ ගොනුකර ඇති මූලික අයිතිවාසිකම් නඩු ප‍්‍රමාණය අනුව පොලිස් ප‍්‍රචණ්ඩත්වය, අත්තඩංගුවේදී  වදහිංසා පැමිණවීම හා මරණ හෙළිදරව් වී ඇත. මෙයින් පෙනී යන්නේ රජය මෙම ප‍්‍රශ්ණය විසිදීම සදහා හෝ එය අඩු […]

WORLD: Global protests demanding police reforms

Statement | World | 25-06-2020

After the murder of George Floyd, the world has seen some of the most powerful protests demanding police reforms. The government of the United States has made some minor reforms, but also responded with force. The larger issue of police reform is now one of the most visible demands, and it calls for much more […]

BANGLADESH: Arbitrarily detained Journalist is at risk of infection with COVID-19 after returning from an enforced disappearance

Arbitrarily detained Journalist, Shafiqul Islam Kajol, is at risk of infection by COVID-19 after a prison guard of the Jashore Central Jail is tested positive for the virus on 17 June 2020, as the Asian Human Rights Commission has learned from its sources. Such risk is apparent in Bangladesh where prisons are overcrowded with more than double […]

SRI LANKA: What Is The Value Of The Life Of Sunil Jayawardene?

By Basil Fernando SINHALA VERSION Sunil Jayawardene was a representative for three-wheele drivers. He who went to make a representation to a finance company on behalf of one of the vehicle owners, whose three-wheeler had been taken by agents of that company. Sunil was assaulted by eight or more people in front of the company […]

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 […]

BANGLADESH: Stifling expression using Digital Security Act must not be the norm to address COVID-19 pandemic

The Bangladesh government has resorted once again to its notorious Digital Security Act-2018to muzzle freedom of expression, suing 11 individuals and arresting four of them following criticism of in the governments’ handling of the COVID-19 pandemic. Four people have been detained since 5 May 2020 under the draconian digital law, including cartoonist Ahmed Kabir Kishore, writer Mushtaq […]

WORLD: 30th anniversary of Richard de Zoysa’s murder, and the continuing culture of impunity

Statement | World | 27-02-2020

30 years ago, Richard de Zoysa was abducted and disappeared. His dead body was later found on a beach. During the same period, literally tens of thousands of persons throughout the country were also disappeared, and none of the cases relating to such disappearances have been resolved through genuine investigations and prosecutions. Indeed, the process […]

SRI LANKA: How can unscrupulous lawyers manipulate delays in the law?

By Basil Fernando This article is about the manner in which unscrupulous lawyers could manipulate delays in the law to their personal advantage. This type of behavior is now a permanent feature in Sri Lanka’s legal system. Analysis of the methods used for such manipulation are based on experiences from actual cases. Reflections on the […]

BANGLADESH: Torturous law-enforcement system with impunity and rewards to perpetrators impede protection of rights

A Written Submission to the 43rd Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Centre (ALRC) draws attention of the United Nations Human Rights Council and its Special Procedures about the institutionalised practice of torture in Bangladesh, which is an incumbent member of the […]

PHILIPPINES: POLICE REFORMS CANNOT BE ACHIEVED THROUGH ULTRA-VIOLENT METHODS

The South China Morning Post recently published a report quoting Colonel Romeo Caramat stating that the Philippines’ ultra-violent approach in curbing drugs has not been effective. He further went on to say that “shock and awe definitely did not work”. The drug supply is still widespread and illicit drugs can be obtained anywhere, anytime in […]

THAILAND: Drop Criminal Complaint Against Fortify Rights Senior Human Rights Specialist Puttanee Kangkun

Thai authorities or Thai poultry company Thammakaset Company Limited should immediately drop criminal defamation complaints against Puttanee Kangkun and other human rights defenders, Fortify Rights said today. On December 6, Thammakaset filed a complaint against Puttanee with the Bangkok Southern Criminal Court for 14 social media engagements expressing support for human rights defenders. Puttanee is […]

SRI LANKA: What happens to the people happens also to judges, lawyers, and others

A comment on the memoir of Former Chief Justice Dr Shiranee Bandaranayake entitled “Hold Me in Contempt” Basil Fernando Attorney-At-Law This memoir by former Chief Justice Dr. Shirani Bandaranayake on the (now nullified) impeachment is a significant contribution to the cause of promoting the independence of judiciary in Sri Lanka. Its significance lies in the […]

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 […]

SRI LANKA: අශ්වයා පණ අදිද් දී ජොකියා වීමට පොරකෑම

බැසිල් ප‍්‍රනාන්දු පාලකයෙකු පත් කර ගන්නේ රාජ්‍ය තන්ත‍්‍රය ජනතා සුභසිද්ධිය සදහා කි‍්‍රයාත්මක කරවා ගැනීම සදහාය. දැන් කලක සිටම ලංකාවේ පවතින ප‍්‍රධානම ප‍්‍රශ්නය නම් රාජ්‍ය තන්ත‍්‍රය පණ අදින තත්ත්වයක පසුවීමය. මූල්‍ය කටයුතු පිළිබඳ අංශයේ වුවත්, නිෂ්පාදන අංශයේ වුවත්, ආරක්ෂක අංශයේ වුවත්, යුක්තිය පසිඳලීමේ යෙදී සිටින ආයතන වල වුවත්, සුබසාධන පිළිබඳ අංශයේ එනම් සෞඛ්‍ය, අධ්‍යාපනය, වැඩිහිටියන් හා […]

SRI LANKA: Weaponisation of Ambiguity – Sri Lanka’s 1978 Constitution

  By Basil Fernando  The 1978 Constitution of Sri Lanka is an outstanding example of how meaning can be manipulated through the weaponisation of ambiguity. It uses language that gives the appearance of a liberal democratic constitution of a republic while also putting in place various devices that severely undermine all the basic norms and standards […]

SRI LANKA: ලංකාවේ නීති අධ්‍යාපනයේ අසාර්ථකත්වය

බැසිල් ප‍්‍රනාන්දු ලංකාවේ නීති අධ්‍යාපනය මුළුමනින්ම අසාර්ථකත්වයකින් පෙළෙන අධ්‍යාපන ක‍්‍රමයකි. වෘත්තීය අධ්‍යාපන ආයතන වල මූලික වගකීම වන්නේ එම වෘත්තියෙහි නියැලීමට බලාපොරොත්තු වන අපේක්ෂකයන්ට එසේ එය කර ගැනීම සඳහා අවශ්‍ය දැනුම, අවශ්‍ය පුහුණුව මෙන්ම අවශ්‍ය සදාචාරක පදනම ඉගැන්වීමය. මේ අනුව බලන විට දැනට ලාංකික නීති අධ්‍යාපනය වටා ගොඩනැගුනු සෑම ආයතනයක් තුළම දකින්නට ලැබෙන්නේ ඔවුන්ගේ වෘත්තිය කර […]