Transitional Justice

WORLD: We apply the law without distinction, fear or favour – ICC Chief Prosecutor

Statement | World | 05-02-2014

In an exclusive interview with Nilantha Ilangamuwa, the editor of Torture – Asian and Global Perspectives, Ms. Fatou Bensouda, the Prosecutor of the International Criminal Court (ICC), said, “We apply the law without distinction, fear or favour. We follow the mandate that has been given to us under the Rome Statute. Regrettably, often the lack of full […]

INDIA: Absence of compassion & justice must not be the norm on Punjab

Statement | India | 06-01-2014

The Asian Human Rights Commission (AHRC) has received information from Punjab concerning the protest by fasting held by Mr. Gurbaksh Singh Khalsa, who ended his fast after 43 days, on 29 December 2013. Khalsa had commenced his protest at the Amb Singh Gurdwara on 14 November to secure the release of all Sikh prisoners that […]

SRI LANKA: Eran drops bombshell in P’ment over public finance

Dear friends,  We wish to share with you the following article from the Financial Times (Daily FT), written by Ashwin Hemmathagama. Asian Human Rights Commission  Hong Kong ————- FOR IMMEDIATE RELEASE AHRC-FAT-024-2013 November 27, 2013 An article from the Financial Times (Daily FT) forwarded by the Asian Human Rights Commission SRI LANKA: Eran drops bombshell […]

PAKISTAN: A reference against three judges of the Supreme Court has been filed before the Supreme Judicial Council

The Lahore High Court Bar Association (LHCBA), the largest bar association of the country, in a general body meeting has passed a resolution against the conduct of three judges of the Supreme Court of Pakistan including the Chief Justice, Iftekhar Muhammad Chaudhry. The resolution has demanded that a reference be filed against them before the […]

SRI LANKA: The bitter fruits of our own folly

An article from The Sunday Times forwarded by the Asian Human Rights Commission As family members of a murdered ruling party politician travelled to Geneva this week to lay their case for denial of justice before the United Nations Human Rights Council, the ironies are palpable, almost painful. Are we to see in coming months, […]

PAKISTAN: Christian houses were burned with connivance between the government of Punjab and land grabbers

(Photo courtesy of the Daily Express) The small incident of a quarrel between three Christian and Muslim friends during a drinking session (of alcohol) turned into the ransacking, looting and burning of 180 Christian houses in Lahore, the capital of Punjab province. The fighting between the friends happened on Tuesday, March 5 but after three […]

NEPAL: Alarming cycle of threats and attacks against human rights defenders

Dear friends, The Asian Human Rights Commission (AHRC) is extremely concerned by reports that the Executive Director of the Human Rights Alliance was assaulted by six unidentified persons in retaliation for an article denouncing the impunity surrounding the murder of a school teacher by Maoist cadres in 2002. The four assailants, thought to be Maoist […]

SRI LANKA: 13 Jan, 2013-The 1978 Constitution is fulfilled

Today, with the President of Sri Lanka signing the removal notice of the Chief Justice of Sri Lanka, Dr. Shirani Bandaranayake, the 1978 constitution came to be fulfilled. The 1978 constitution is a representation of the conflict between the rule of law and the absolute power of the executive president. The historical circumstances in 1978 […]

SRI LANKA: The Comments of S.N Silva – the archenemy of rule of law

Sarath Nanda Silva is heavily quoted in SLBC programmes trying to criticize the Supreme Court judgment relating to the question on the interpretation of law referred to it by Court of Appeal. He says that the Supreme Court has not properly interpreted the words “or standing orders” as found in Article 107(3) of the constitution. […]

SRI LANKA: Why people oppose the undermining of the judiciary

“The court system is skewed against ordinary folk,” says Malinda Seneviratne, writing a comment on my last article. His argument is that the people will not defend the courts as the court system is skewed against the people. However, people do have a reason to defend even the highly inadequate and problem ridden justice system […]

SRI LANKA: All policy and no principles lead to catastrophe

Comments on the views of Rajpal Abeynayake and Nath Amarakoon on judicial review Basil Fernando The SLBC programme inappropriately entitled “People’s Power” is continuing with its misinformation campaign against basic principles of constitutionalism. On the programme that aired on the 13th of December, there were amusing misinterpretations of the constitutional history of the United States, […]

SRI LANKA: Parables – The ruler and the thinking citizen

Once a ruler told one of his country’s citizens, Mr. Thinking citizen, you have told me some very beautiful principles. For example, you have said that any inquiry against anyone must be fair, and you have explained what fairness means. But you do not seem to understand that I do not like principles. The thinking […]

SRI LANKA: Reducing of Sri Lanka’s judiciary to a snarling mockery

Dear friends, We wish to share with you the following article from the Sunday Times, Colombo, Sri Lanka, written by Kishali Pinto Jayawardena. Asian Human Rights Commission Hong Kong ————- FOR IMMEDIATE RELEASE AHRC-FAT-051-2012 December 9, 2012 An article from the Sunday Times, forwarded by the Asian Human Rights Commission SRI LANKA: Reducing of Sri […]

SRI LANKA: How does the Attorney General file indictments and how do Members of Parliament sign impeachment petitions?

Basil Fernando The Chief Justice (CJ) has refuted all allegations made against her contained in the much publicized impeachment motion filed in parliament. (File Photo of the Chief Justice, Mrs. Shirani Bandaranayake) The CJ’s legal representatives have said in a letter “In the circumstances, in summary: (a) Our Client has declared all her operative bank […]

INDIA: Rights are a mandate, not a concession

Statement | India | 04-09-2012

The ongoing protest by village communities acting against the increase of water level in the Omkareshwar Dam is unique in several aspects. The protest, which has completed 11 days today, is directed against the Madhya Pradesh state government that has failed to adequately rehabilitate those who have lost their land and livelihood to this ‘development’ […]

[Korean] 아시아: 경찰고문 근절을 위한 기본 논의

아시아인권위원회 성명서 아시아: 경찰고문 근절을 위한 기본 논의   영문원본 아래는 홍콩에 있는 아시아인권위원회에서 정책 및 프로그램 개발 이사를 맡고 있는  바실 페르난도씨의 연설문입니다. 이 연설문은 고문 및 가혹행위 근절을 위한 아시아 연합이 주최한 아시아 의원회의 기간 중 2012년 7월 22일에 발표된 내용입니다. 경찰 고문 근절을 위한 기본 논의 경찰 고문은 무엇을 의미하는가? 만약 우리가 […]

INDIA: Judgments cannot replace good governance

Statement | India | 24-05-2012

India will be evaluated at the United Nations’ Universal Periodic Review in Geneva, Switzerland today. The three countries (Troika) involved in the review are Kuwait, Mauritius and Mexico. That these countries have worse records of human rights in comparison to the country they would collectively review suggests how firmly, and perhaps blindly, such processes are […]

INDIA/BANGLADESH: Illegal detention of Indian nationals and their young grandson in Bangladesh

Dear friends, The Asian Human Rights Commission (AHRC) has received information from MASUM concerning a case of the extended and illegal detention of three Indian nationals in Bangladesh past the completion of the jail term passed by the Senior Judicial Magistrate of Kushtia, who had also ordered their release and repatriation upon fulfilment of that […]

INDIA: Judge, judge thyself

Statement | India | 26-04-2012

The attempt by the Supreme Court of India to draw-up operative principles for the media outlining the contours of Article 19 (1) (a) of the constitution is an exercise that the Court should not venture into. In fact, the Court does not have a constitutional mandate to do so. It is within the realm of […]

INDIA: Paranoia at Writer’s Building

Statement | India | 12-04-2012

Referring to the reactions of the government of West Bengal to demands of public causes and justice under the leadership of Ms. Mamata Banerjee, as paranoid, would be in fact an understatement. The state government led by the All India Trinamool Congress (TMC) that was elected to power – reflecting the people’s wish for change, […]