Right to fair trial

INDONESIA: Shrinking of public space on expression, association and peaceful assembly

PEACEFUL ASSEMBLY  Discussion at Yogyakarta State University Critics against the Regime Forcibly Dispersed by the Rector          Discussion and gathering that was planned by the students of Yogyakarta State University (UNY) and other academics, such as lecturers and professors, were forcibly dispersed by the Rector due to the committee of the discussion did not have permission from the rector. Previously, […]

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: Emergency Protection for Human Rights Defenders

A Statement by the Asian Human Rights Commission on the occasion of Human Rights Day In commemorating the International Human Rights Day, the Asian Human Rights Commission (AHRC) highlights the theme of the lack of protection of human rights defenders in Indonesia. More than 20 years’ of political reform after former dictator President Suharto stepped […]

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 […]

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: The Arrest of Tharindu Uduwaragedera – Larger questions

By Basil Fernando On the larger questions raised by the arrest of Tharindu Uduwaragedera, a young journalist of very wide reputation. Tharindu Uduwaragedera who was attending a meeting on Friday (28 July) for the purpose of reporting on the meeting was forcibly dragged out of a three-wheeler, grabbed by his hair and roughly manhandled by […]

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 […]

INDONESIA: Anamicus curiaebriefon the case of Mr. Haris Azhar dan Ms. Fatia Maulidiyanti

An Open Letter from the Asian Human Rights Commission (AHRC) to the Panel Judges: 1. A case register Number No. 202/Pid.Sus/2023/PN Jkt.Tim (Suspect Mr. Haris Azhar) 2. A case register Number. 203/Pid.Sus/2023/PN Jkt.Tim (Suspect: Ms. Fatia Maulidiyanty) Jl. Dr. Sumarno No. 1, RT.7/RW.4, Penggilingan, Kec. Cakung, Kota Jakarta Timur DKI Jakarta -13940 Telp : +622148703788 | Faks […]

ශ්‍රී ලංකා:නීතියමතපාලනයහාප්‍රතිත්‍රස්ථවාදීපනත්කෙටුම්පත

බැසිල් ප්‍රනාන්දු නීතියමත පාලනය පිළිබදව වර්ථමාන කාලය තුල ලිය වී ඇති පොත් අතර ඉතාමත් ප්‍රසිද්ධියට පත් පොතක් වූයේ ටොම් බින්ග්හම් (Tom Bingham) සාමිවරයා විසින් ලියන ලද නීතිය මත පාලනය (The Rule of Law) යන පොතය. එම පොත නීතිය මත පාලනය යන නමින් සිංහලට පරිවර්ථනය කොට ඇත. එම පොතෙහි නීතිය මත පාලනය යන්න පිළිබදව ඇති නිර්වචනයය […]

INDONESIA: Pembatasan Acces to Justice Keluarga korban Kanjuruhan bentuk ketidakseriusan Negara dalam penegakan Hukum dan HAM secara berkeadilan

Asian Human Rights Commission (AHRC), sebuah organisasi Hak Asasi Manusia (HAM) regional dan internasional, mendukung statemen tentang Akses Keadilan Untuk Keluarga Korban Kasus Kanjuruhan yang dikeluarkan oleh Koalisi Masyarakat Sipil yang terdiri dari Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI), Komisi Untuk Orang Hilang dan Korban Tindak Kekerasan (KontraS), LBH Pos Malang dan LBH Surabaya.  Keluarga […]

INDONESIA: The Second Trial of Mr. Haris Azhar and Ms. Fatia Maulidiyanti, the Prosecutor’s Indictment with Formal Defects and the Lack of Objectivity of the Law Enforcement

Ms. Fatia Maulidiyanti and Mr. Haris Azhar, two Indonesian human rights defenders, returned for their second trial with an agenda for reading the exception or objection note at the East Jakarta District Court. On 17 April, 2023, at the same time that the document was read, the security and human rights situation in Papua had […]

INDONESIA: Ensuring effective remedy for Mr. Muhamad Fikry, a victim of torture and an unfair trial

An Open Letter from the Asian Human Rights Commission (AHRC) to the Chairperson of the Indonesian Supreme Court (Mahkamah Agung RI) Professor. Dr. Muhammad Syarifuddin, SH., MH. The Chairperson of the Indonesian Supreme Court (Mahkamah Agung RI) Jalan Medan Merdeka Utara No 9-13 Tel: +62 21 3843348, +62 21 3810350, +62 21 3457661 Fax: + 62 […]