Prosecution system

SRI LANKA: A recording of a group discussion on ways to deal with the challenges to system change caused by a bad constitution

 The Asian Human Rights Commission wishes to share with you the following video produced by LEADS YouTube Channel.  It is a recording of a conversation among a group of persons interested in pursuing system change in Sri Lanka. Presenter Mr. Basil Fernando provides an initial outline of the problems caused by the existing constitution of Sri […]

PAKISTAN: ACTIVISTS AND JOURNALISTS TARGETED, INCREASED CONTROLS ON ONLINE EXPRESSION AND CRACKDOWN ON PROTESTS

A Statement from CIVICUS forwarded by the Asian Human Rights Commission The CIVICUS Monitor added Pakistan to its watchlist of countries in March 2024, following the repression against the opposition, the censorship of journalists and attacks on peaceful protests around the elections. Other ongoing concerns include the criminalisation, threats and harassment of human rights defenders and the […]

SRI LANKA:Prosecuting crimes requires a system change

By Basil Fernando In the context of Sri Lanka, a crucial question arises: Does the country still possess the capability to effectively prosecute crimes? This query can be raised for numerous reasons. However, even before delving into these underlying issues, one glaring reality has become evident to the people of Sri Lanka in recent years: […]

SRI LANKA:On the issue of the failure to obtain justice for the victims of the Easter Sunday Massacre on the 21st of April 2019

FOR IMMEDIATE RELEASE AHRC-OLT-002-2024 April 19, 2024 An Open Letter from the Asian Human Rights Commission to Open Letter to H. E. the Cardinal Malcom Ranjith and all the members of the Catholic Bishops’ conference in Sri Lanka H. E. Cardinal Malcom Ranjith Archbishop’s House Colombo – 8 Sri Lanka Tel: +94-11-2695471 Fax: +94-11-2692009 Email: […]

PAKISTAN: NEW GOVERNMENT CONTINUES BLOCKING THE INTERNET AND PERSECUTING JOURNALISTS AND ACTIVISTS

A Statement from CIVICUS forwarded by the Asian Human Rights Commission The CIVICUS Monitor added Pakistan to its watchlist of countries in early March 2024, following the repression against the opposition, the censorship of journalists and attacks on peaceful protests around the elections. Elections were held in Pakistan on 8th February 2024. Ahead of the elections, the […]

SRI LANKA: Sharing basic documents relating to the issue of Rule under Section 42(2) of the Judicature Act by the Supreme Court of Sri Lanka against Mr. Nagananda Kodituwakku Attorney-at-law on 29th February 2024

Hong Kong, March 07, 2024  As there is a curiosity on the part of many persons and organizations about the Rule issued against Mr Nagananda Kodituwakku Attorney-at-law by the Supreme Court we are sharing the basic documents that provide the essential information about this case. The Rule was made under Judicature act 42(2) while ordering […]

SRI LANKA: AUTHORITIES CONTINUE TO STIFLE PROTESTS, HARASS ACTIVISTS AND PUSH REPRESSIVE LAWS

A Statement from CIVICUS forwarded by the Asian Human Rights Commission The CIVICUS Monitor in December 2023 downgraded Sri Lanka’s civic space rating to ‘repressed,’ with authorities clamping down on protesters, stifling journalists and targeting activists amid mounting public frustration with poor governance and a lack of accountability. In January 2024, Human Rights Watch said […]

INDONESIA:Acquittalverdict of Haris and Fatia is a victory for the freedom of expression

(Hong Kong, January 16, 2024) The Panel of Judges at the East Jakarta District Court has issued an acquittal verdict regarding the case of criminalisation against Ms. Fatia Maulidiyanti (the Director of the Commission for the Disappearances and Victims of Violence [KontraS] for the 2020-2023 period) and Mr. Haris Azhar (the Founder of the LOKATARU […]

INDONESIA: The Indictment of Haris Azhar and Fatia Maulidiyanti Denounces the Right to Freedom of Expression and Opinion

The trial process of Ms. Fatia Maulidiyanti, a Coordinator of the Commission for Disappearances and Victims of Violence / KontraS 2020-2023 and Mr. Haris Azhar,the Founder of the Lokataru Foundation, finally entered the stage of reading the prosecution by the Public Prosecutor (Jaksa Penuntut Umum/JPU). However, before the Prosecutor submitted the prosecution, the legal team of Fatia and Haris also submitted documentary evidence which […]

SRI LANKA: IMF observations on an Independent Prosecution office for Sri Lanka

IMF in its recent report issued in September titled Sri Lanka; Technical Assistance Report-Governance Diagnostic Assessment, has directed its attention to the problems relating to the independence in conduct of prosecutions into crimes in Sri Lanka. It points to the absence of independent prosecutor in Sri Lanka and also notes that this given rise to real or perceived […]

SRI LANKA:Imprisonment of 5 Years for Non-Arrest of A Suspect – A Good Example to Emulate

By Basil Fernando The sentencing of a former Senior Deputy Inspector General of Police for giving illegal orders not to arrest a suspect. The reported sentencing of former Senior Deputy Inspector General of Police, Lalith Jayasinghe, for giving illegal orders to prevent the arrest of a person allegedly involved in the shooting which resulted in […]

BANGLADESH: ADN Condemns Unjust Imprisonment of Bangladeshi HRDs Adilur Rahman and Nasiruddin Elan

A Statement from Asia Democracy Network forwarded by the Asian Human Rights Commission Seoul, Korea – The Asia Democracy Network (ADN) vehemently condemns the recent sentencing of Adilur Rahman Khan and Nasiruddin Elan, activists attached to the Odhikar human rights organization in Bangladesh. Their unjust imprisonment on trumped-up charges is a grave violation of their […]

SRI LANKA:The Contempt of a Court, Tribunal or Institution Bill is Unconstitutional and Scandalizing Court is an archaic law

(Hong Kong, August 09, 2023)  ​​​​​​​Written submission to the Supreme Court on the “Contempt of a Court, Tribunal or Institution” Bill The Bill titled “Contempt of a Court, Tribunal or Institution” came for discussion before the Supreme Court on the 3rd and 4th of August. After the oral submission, written submissions were allowed to be filed by […]

SRI LANKA: Contempt of court law should not be used to create a chilling effect on lawyers and litigants

By Basil Fernando A month or so earlier, it was a lawyer practicing mainly in a High Court closer to Colombo, that contacted me and told me about his concerns about a draft Bill which has been discussed amongst his colleagues which was about the introduction a draft of a Contempt of Court Bill. He […]

තරිඳු උඩුවරගෙදර අත්අඩංගුවට ගැනීමට අදාළ මහා ප්‍රශ්නය

An article from Sri Lanka Brief forwarded by the Asian Human Rights Commission මෙම සටහන ඉතා පුළුල් කීර්තියක් ඇති තරුණ මාධ්‍යවේදියෙකු වන තරිඳු උඩුවරගෙදර අත්අඩංගුවට ගැනීමත් සමඟ මතු වූ විශාල ප්‍රශ්න පිළිබඳවය. පසුගිය සිකුරාදා (ජූලි 28) උද්ඝෝෂනයක් වාර්තා කිරීමේ අරමුණින්  සහභාගි වෙමින් සිටි තරිඳු උඩුවරගෙදර ත්‍රිරෝද රථයකින් ඔහුගේ කොණ්ඩයෙන් වියරු ලෙස බලහත්කාරයෙන් ඇදගෙන ගොස්  පොලිස් නිලධාරීන් පිරිසක් […]

SRI LANKA:How loud can you talk in a court proceeding?

By Basil Fernando This article is  a follow up to: 1. Does the proposed contempt of court Bill amount to 23rd amendment to the constitution?     2.  Is contempt of court unlike any other crime? To anyone who may be surprised by this question, we wish to remind that not too long ago, the issue became […]

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 […]

SRI LANKA: 202nd commemorative edition of SOCIAL JUSTICE – Sri Lanka is out

The center for religion and society (CSR) Colombo has published the 202nd issue of social justice. This publication started in August 1962 and has been regularly published ever since. Regarding this issue, the publisher states that this edition’s discussion is focus on Rule of Law, Anti-Terrorism law and other issues related to Sri Lanka.  Kindly see […]

INDONESIA: The Prosecutor of the Haris and Fatia Case Behaves Like Luhut Binsar Panjaitan’s Attorney (LBP) and Restricts Trial Access in the East Jakarta District Court

The trial on the criminalization case against Ms. Fatia Maulidiyanti (Coordinator of KontraS) and Mr. Haris Azhar (Founder of Lokataru) entered the stage of examining the reporting witness, namely Mr. Luhut Binsar Panjaitan. At this trial, it became increasingly clear that the Public Prosecutor (JPU) no longer represented the interests of the State but behaved […]