Right to fair trial

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 […]

INDIA/SRI LANKA: Gang Rapes, Justice and Civilization in India and Sri Lanka

An incident was reported in December 2019 from India regarding the gang rape of a woman and what happened thereafter. The news of the gang rape stirred up a massive protest from many parts of India. Among those who were involved in the protest were sections of the intelligencia of India such as Professors, doctors, […]

BANGLADESH: Defending rights requires unified resistance

A Joint Statement by the Asian Human Rights Commission, Asian Federation Against Involuntary Disappearances, and Odhikar on the occasion of International Human Rights Day Dhaka/Manila/Hong Kong, 10 December 2019: On International Human Rights Day, the Asian Federation against Involuntary Disappearances (AFAD), the Asian Human Rights Commission (AHRC), and Odhikar pay tribute to and stand in […]

WORLD: Competent judicial professionals needed to administer justice to victims of international crimes

An Oral Statement to the 18th Session of the Assembly of State Parties to the Rome Statute of International Criminal Court by the Asian Legal Resource Centre (ALRC) Mr. President, distinguished colleagues, and Excellencies: First of all, please allow me to reaffirm that the Asian Legal Resource Centre (ALRC) stand by the International Criminal Court […]

PAKISTAN: Activist languishing in jail a month after his arrest on trumped up charges

One month since Professor Muhammad Ismail was arbitrarily detained, he is still languishing in prison on trumped-up charges of ‘hate speech’, ‘spreading false information’ and ‘cyberterrorism’. CIVICUS, the global civil society alliance and the Asian Human Rights Commission (AHRC) calls on the Pakistan authorities to halt his persecution and release him immediately and unconditionally. In […]

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: 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 […]

WORLD: Affirming rights by ratification, denying rights in actual practice

Statement | World | 19-09-2019

Affirming something through a declaration and denying the same in actual practice happens everywhere, but the real test of affirmation is the degree to which something is practiced. When what is affirmed and what is actually practiced is virtually divorced then the very act of affirmation becomes a mockery. That, unfortunately, is the situation regarding […]

PHILIPPINES: Extrajudicial killing of jurists as part of a pattern of widespread and systematic violations of human rights

A Joint Written Submission to the 42nd Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre and Lawyers’ Rights Watch Canada 1. Introduction Since 30 June 2016, the Government of the Republic of the Philippines (the Philippines) has engaged in a campaign of extrajudicial killing in violation of the […]

THAILAND: Unforgotten in Thailand – Ensure truth, justice, and reparations for victims of enforced disappearance

A Joint Written Submission to the 42nd Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre and Lawyers Rights Watch Canada 1. Introduction: Persistent impunity for enforced disappearances A pattern of impunity for enforced disappearances1 persists in Thailand despite years of promises to ratify the International Convention for the Protection […]

THAILAND: CONTEMPT OF COURT over critics of decision on MP’s media shareholding

A Statement from Thai Lawyers for Human Rights forwarded by the Asian Human Rights Commission Case Between the Election Cases Division of the Supreme Court and Sarinee Achavanuntakul, Thai academic                                                    […]

WORLD: UN Human Rights Council should address human rights crisis in Cambodia at its 42nd session

A Joint Statement by the Asian Legal Resource Centre and 27 human rights organisaitons To Members and Observer States of the United Nations Human Rights Council 30 August 2019 Dear Excellency, The undersigned civil society organizations, representing groups working within and outside Cambodia to advance human rights, rule of law, and democracy, are writing to […]

SRI LANKA: An interview on crisis of Law with Mr. Basil Fernando

(Colombo Sri Lanka, August 09, 2019) We are sharing an interview with Mr. Basil Fernando in the National Television Station (Rupavahini) regarding the Crisis of Law in Sri Lanka in their 99 Minutes Program.       Please Click here See the Full Interview

AHRC TV: Legal profession calls for inquiry into police inaction and other stories in JUST ASIA, Episode 262

In this episode Just Asia begins with Hong Kong, where there have been new developments arising out of an attack at Yuen Long MTR station on ordinary citizens. A group of people wearing white shirts, generally believed to be thugs, attacked protesters and ordinary commuters with knives and batons on July 21st. The Hong Kong […]

WORLD: The launching of a new journal, SDG 16

Hong Kong, July 30, 2019 The journal with focus on the SDG 16 in particular which is “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.” One of the targets of the SDG 16 is the achievement of rule of law. SDG 16 poses a serious challenges […]