Rule of law

INDONESIA: Investigate and Prosecute Cases of Violence Allegedly Committed by Police Officers Against Ridwan at Nunukan Regency, North Kalimantan

The Asian Human Rights Commission (AHRC) regrets the repeated allegations of violence by security forces, this time experienced by Ridwan (21) at Nunukan Regency, North Kalimantan Province. The victim was allegedly subjected to violence by 10 (ten) police officers. The violent incident is known to have occurred in several locations, specifically in front of the […]

SRI LANKA: Making a Constitution for a traumatised nation

By Basil Fernando Sri Lanka, as it faces the worst crises in terms of the economy, the society, culture and the legal and moral norms on which the society exists, is today a highly traumatised nation. All the norms of a civilised society are in the worst crisis that Sri Lanka has experienced in recent […]

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 […]

SRI LANKA: Who should be in the constitutional convention?

The making of a new Constitution through a constitutional convention is now being discussed in the community. This is against the privately-drafted Constitution through a group of lawyers which the Government intends to introduce in early 2022. The difference between such a Constitution and one that is made with the participation of many groups and […]

SRI LANKA: Legal arguments against the proposal to present the draft Constitution

The basic legal argument against the proposal to present the draft Constitution is as follows; The proposal is based on a false premise as it denies the process of the making of the Constitution whereas it must provide everyone and every group of people the right of participation as it is a Constitution of the […]

SRI LANKA: Fake constitutions create irrational societies

By Basil Fernando A fake Constitution alters the rules of logic that are the basic foundations of a good constitution. The change of logic leads to irrationality. The spread of irrationality into public institutions creates rotten systems within such public institutions. Where the public institutions go rotten, every aspect of social life comes into severe […]

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 […]

INDONESIA: Constitutional Court Decision on the Review of the Omnibus Law Regulation: a decision that mocks the Constitution and the people

On November 25, 2021, the Constitutional Court in its judgment Number 91/PUU-XVIII/2020 stated in essence: 1. The Establishment of the Law Number 11 of 2020 concerning Job Creation is contrary to the 1945 Constitution and does not have conditionally binding legal force as long as it does not mean “no amendments have been made within two […]

INDONESIA: Nineteen Civilians Shot With Rubber Bullets and Seriously Injured

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME Urgent Appeal Case: AHRC-UAC-016-2021  December 15, 2021 ——————————————————————— INDONESIA: Nineteen Civilians Shot With Rubber Bullets and Seriously Injured ISSUES: Access to justice, impunity, remedy, excessive use of force, torture, fair trial ——————————————————————— Dear Friends, The Asian Human Rights Commission (AHRC) has received information from the Commission for […]

SRI LANKA: A People’s Constitution; The Need To Think Outside The Box

By Basil Fernando The discussion on the making of a new constitution through an intensely participatory process, as against underhand methods, is now on. These are a few thoughts as a response to some questions that are being discussed. In dealing with the problem of the 1978 Constitution, we are in fact confronted with the […]

NEPAL: THE STATE IS FAILING ITS CITIZENS

Statement | Nepal | 10-12-2021

A Statement by the Asian Human Rights Commission on the occasion of the 73rd International Human Rights Day Nepal underwent its third cycle of the UN Human Rights Council’s Periodic Review (UPR) in Geneva in January 2021. Nepal has ratified over 24 various human rights conventions and declarations but has been weak in its implementation. […]

INDIA: A botched up counter insurgency operation and murders most foul

Statement | India | 09-12-2021

Fifteen people including one soldier were killed in Mon district of the North Eastern state of Nagaland in India in what the security forces are calling a botched up operation that unfolded in several batches. Though the details of the botched up encounter are still hazy and contested, the gravity of the incident was lost […]

INDONESIA: Increasing Authority of the Prosecutor’s Office in the Revision of the Prosecutor’s Law is in fact a Breaking of the Law

The Asian Human Rights Commission (AHRC) supports the Commission for the Disappearances and Victims of Violence (KontraS), a prominant national human rights organization and the Murder Victims and Research Foundation 1965-1966 (YPKP 1966), a national organization established by victims and families of victims of past human rights abuses, condemn the revision of the Prosecutor’s Law […]

INDONESIA: A police officer who slammed a student activist must be prosecuted under the fair trial principle

On Wednesday, October 13, 2021, a video with a duration of approximately 45 seconds circulated, which once again showed the brutality of a police officer. Here is the video link. In the video, a police officer can be seen slamming a participant of a demonstration onto the sidewalk, causing the person concerned to lie down and […]

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 […]

SRI LANKA: A forwarded interview. On the objection to the new constitution proposed by the government

A video presentation produced by Mr. Victor Ivan published by the Asian Human Rights Commission The Asian Human Rights Commission wishes to share with you the following video produced by Mr. Victor Ivan Kindly see the following link for a valuable interview with Victor Ivan on the objection to the new constitution proposed by the […]

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. […]

INDONESIA: Dozens of International Human Rights Organizations Encourage the Protection of Human Rights Defenders in Indonesia

Hong Kong, 12 October, 2021 The Asian Legal Resource Centre (ALRC), the International Federation for Human Rights (FIDH), the World Organization Against Torture (OMCT), the Frontline Defenders, the Business and Human Rights Resource Centre (BHRRC), the International Network of Civil Liberties Organizations (INCLO), the CIVICUS, the Capital Punishment Justice Project (CPJP), and the Franciscans International […]