Prosecution system

SRI LANKA: Participatory Constitution-making – The essentials

By Basil Fernando Today, there is a consensus that Sri Lanka has entered into a period of crisis that is worse than it has ever faced in recent history. It is also agreed among most of the people who are highly knowledgeable in the field of economics and financing that this crisis will last for […]

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 […]

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 […]

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 […]

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: People’s Resilience and Judicial Independence

By Basil Fernando The people of Sri Lanka, like those in several other countries, are learning that their past could cost them their lives and the lives of their loved ones and those of many others. Covid-19 seems to be mocking them. It seems to ask “Can’t you find someone among yourself who is capable of […]

SRI LANKA: A Cruel Government Supports Torture by Opposing Preventive Law

An amendment to the Code of Criminal Procedure allowing the Magistrates to visit places of detention has been turned into a political issue by a section of the government and by some extreme nationalist elements. What this means is that the opposition to the amendment is supporting the continuous practice of torture in Sri Lanka. […]

MYANMAR: International Community needs decisive actions to end militarism for establishing democracy and human rights

An Oral Statement to the 47th Regular Session of the UN Human Rights Council from the Asian Legal Resource Centre (ALRC) Madam President: As there are profound concerns over the latest military coup in Myanmar and subsequent violence offends the conscience of humanity, the urgent questions before the international community should be what to do […]

SRI LANKA: The release of a convicted murderer in 6 years is a reckless act

By Basil Fernando The release of the convicted murderer Duminda Silva is a reckless act which will have lasting consequences on the social organization of Sri Lanka and the social consciousness of the Sri Lankan people. The damage this will do to the functioning of a system of administration of the country is incalculable. In […]

INDIA: A torturous wait for the end of torture

Statement | India | 28-06-2021

Even as the world commemorated the International Day in support of Victims of Torture as per the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), there seems to be no end of torture for the foreseeable future in India. In fact, forget urgency, authorities in India seem to […]

NEPAL: The Asian Human Rights Commission’s Message on the United Nations International Day In Support of Victims of Torture 2021

Statement | Nepal | 25-06-2021

26 June is celebrated worldwide as the UN International Day in Support of Victims of Torture. It is a day dedicated to the victims of torture and their families. But the Police, mostly in Asian countries and Nepal, rely on confessions rather than on conducting proper investigations. In order to eliminate the practice of torture, […]

INDONESIA: Reforming the Criminal Law Procedure is a Must to Prevent Torture

Torture is still taking place in Indonesia. There is a serious gap between national regulation and international Human Rights Laws. Indonesia is a State Party to two important international human rights instruments. They are the International Covenant on Civil and Political Rights (ICCPR) and the International Convention against Torture and Other Cruel, Inhuman or Degrading […]

SRI LANKA: A Sister’s 20 Year Long Struggle For Justice For Her Brother Killed By The Police

By Basil Fernando On the universal day for torture victims, this year, a book will be launched by The Right to Life organization working in collaboration with the AHRC on a long standing case, which is continuing in courts, regarding a man who was killed extra-judicially, inside a Police station. The author of the book […]

ASIA: NEGLECT and LOSS (Number 05)

The link to the newsletter is as follows Neglect and loss is a newsletter containing reports and commentaries on current problems in several Asian countries. Today, we are issuing the fifth (5) newsletter in this series. The purpose of the newsletter is to highlight many forms of unnecessary human suffering imposed on ordinary people in these […]

ASIA: NEGLECT and LOSS (Number 04)

The link to the newsletter is as follows Neglect and loss is a newsletter containing reports and commentaries on current problems in several Asian countries. Today, we are issuing the fourth newsletter in this series. The purpose of the newsletter is to highlight many forms of unnecessary human suffering imposed on ordinary people in these countries […]

BANGLADESH: Government Abuses COVID-19 Lockdown for Mass Arrests and Muzzling Freedoms

The Bangladesh Government continues its ruthless campaign of gagging freedom of expression and freedom of peaceful assembly. In the spree of muzzling the people’s freedom of expression, hundreds have been arbitrarily detained under the Digital Security Act-2018, Anti-Terrorism Act-2009, Special Powers Act-1974, Official Secrets Act-1923, the Penal Code-1860, and other draconian laws under the incumbent Government of Sheikh Hasina. Investigative Journalist […]