Right to fair trial

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 […]

ශ්‍රී ලංකා:තීරණාත්මක ජයග්‍රහණයක් : සියල්ල වීඩියෝ කරනවා : සැකකරුවන් ඝාතනය ගැන පොලිස්පති ශ්‍රේෂ්ඨාධිකරණයට දුන් මාර්ගෝපදේශ මාලාව

A Statement from The Times.lk forwarded by the Asian Human Rights Commission                                                                         පොලිසිය අත්අඩංගුවට ගනු ලබන සැකකරුවන් විමර්ශන කටයුතු සඳහා ආයුධ පෙන්වීමට […]

INDONESIA: The police must immediately stop the investigation and prosecution of three human rights defenders

An Open Letter from the Asian Human Rights Commission (AHRC) to the Chief of National Police  General of Police Listyo Sigit Prabowo Chief of National Police (KAPOLRI) Jl. Trunojoyo No. 3, Kebayoran Baru, Jakarta Selatan 12110 Indonesia  Tel: +62 21 384 8537, 726 0306 Fax: +62 21 7220 669 E-mail: info@polri.go.id Dear General,  INDONESIA: The police […]

SRI LANKA:Few Reflections on the Sri Lanka’s Independence Day

By Basil Fernando Read the article in Sinhala මෙම ලිපිය සිංහලෙන් කියවන්න As Sri Lanka is to celebrate its 75th anniversary of Independence on the 4th of February, the general reaction of the people around the country this year is one of despondency with serious criticisms about the failure of governance in the country.  The need […]

INDONESIA: Waiting for the follow-up on the State’s regret and acknowledgment of 12 past cases of serious human rights violations

An Open Letter from the Asian Human Rights Commission (AHRC) to the President of the Republic of Indonesia Mr. Joko Widodo President of the Republic of Indonesia Jl. Veteran No. 16 Jakarta Pusat Indonesia Tel: +62 21 3458 595 Fax: +62 21 3484 4759 Dear Mr. President: INDONESIA: Waiting for the follow-up on the State’s […]

Indonesia: The Government must seriously consider that the enactment of the RKUHP leaves serious problems

An Open Letter from the Asian Human Rights Commission (AHRC) to the President of the Republic of Indonesia Mr. Joko Widodo President of the Republic of Indonesia Jalan Veteran No. 16 Jakarta Pusat Indonesia Tel: +62 21 3458 595 Fax: +62 21 3484 4759 Dear Mr. President: Indonesia: The Government must seriously consider that the […]

SRI LANKA: POLICE ON TRIAL: Exercising Authority without Accountability

An article from Daily Mirror forwarded by the Asian Human Rights Commission • Officers are rarely prosecuted for misconduct, including the brutal use of force on citizens. In rare cases, officers found guilty are given minor disciplinary punishments or given warnings. • The NPC received a total of Rs.127, 764, 000 budgetary allocation in 2018 which was […]

SRI LANKA: Peaceful Protesters Face Attacks, Reprisals, and Arbitrary Detention

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME Urgent Appeal Case: AHRC-UAC-004-2022 October 21,  2022 ———————————– SRI LANKA: Peaceful Protesters Face Attacks, Reprisals, and Arbitrary Detention ISSUES: Arbitrary Detention; Access to Justice; Right to Fair Trial; Freedom of Peaceful Assembly; Right to Liberty; Reprisals against Activists ———————————— Dear Friends, The Asian Human Rights Commission (AHRC) has […]

INDONESIA: A university student in North Halmahera allegedly tortured after express his opinion on WhatsApp status

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME Urgent Appeal Case: AHRC-UAC-003-2022 October 12, 2022 ——————————————————————— INDONESIA: A university student in North Halmahera allegedly tortured after express his opinion on WhatsApp status ISSUES: Torture, fair trial, impunity, remedy, access to justice, freedom of expression ——————————————————————— Dear Friends, The Asian Human Rights Commission (AHRC) has received […]