The Asian Human Rights Commission (AHRC) condemns the brutal attacks on several churches in Sri Lanka, which killed a large number of persons attending Easter Sunday mass. There were also attacks on several tourist hotels, killing about 32 foreign tourists. This tragedy has shocked and distressed the entire nation, with lamentations heard from so many families and their loved ones. While politicians are talking about preventing such attacks in the future, there have been no serious reflections on what made such a widespread attack possible. The AHRC for many years…
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Recognising the missing legal system
A well-functioning legal system can be measured by its response to daily crimes and complaints. This is a much better test in fact, rather than a country’s constitution (in Sri Lanka’s case, the 1978 constitution still remains a major barrier to the functioning of a legal system), or statutes, or judicial presence, all of which are often portrayed as an indicator of a good system. Several such crimes and incidents occurred in the last few days, which did not receive their due publicity and national attention. It was reported from…
Read MoreOpen letter to the Honourable Speaker of the Parliament on the murder of two businessmen Rathgama Bussa area and General state of murder in the Island
SRI LANKA: Open letter to the Honourable Speaker of the Parliament on the murder of two businessmen Rathgama Bussa area and General state of murder in the Island We reproduce below an open letter written by the Asian Human Rights Commission to Honourable Speaker of the Parliament in Sri Lanka. Honourable Speaker, the Asian Human Rights Commission is taking this extraordinary step of writing to you about the murder of two businessmen in the Rathgama Bussa area, allegedly by some police officers of the Special Crime Investigating Unit of the…
Read MoreSri Lankan police arrested in death of two businessmen and other stories
This week Just Asia begins with Sri Lanka, where investigations are ongoing into the abduction and murder of two businessmen from Rathgama. Until now, two police officers have already been arrested. Sri Lanka’s Criminal Investigation Department has revealed that the two businessmen, Manjula Asela and Rashin Chinthaka were abducted and murdered, and their bodies were then burnt. Just Asia speaks to Basil Fernando, Director of Policy and Program Development, AHRC, for details. Next, in the Philippines, Senator Leila de Lima marked her second year in detention last Sunday. She was…
Read MoreFrom enforced disappearances of rebels to businessmen
The discovery of body parts of two businessmen from Rathgama, Bussa area, who were abducted, disappeared, and later killed, allegedly by several policemen, including the Officer-In-Charge of the southern province special crime investigating unit, is major news in Sri Lanka these days. According to the newspapers, the two businessmen were kidnapped from Rathgama Bussa area, taken to a house in Akmeemana, where they were detained, beaten and finally killed. Their bodies were then taken to a forest reserve in the Walasmulla area, where they were burnt and buried. This was…
Read MoreArun Siddhartha’s positive contribution to the contemporary debate on the Sri Lankan Crises
The Internet broadcasted the long interview with Arun Siddhartha by Hiru on TV and separately on the YouTube channel, Vishwa Karma. One perspective that comes out of Arun Siddhartha’s reflections can be enormously positive. It can be used in trying to understand ways to resolve the present prolonged crises which have dragged the country into anarchy. The most important insight of Arun Siddhartha is that the situation faced by the entire country is the crises of a whole people, not just merely a crisis of one specific group or another.…
Read MorePublic space decreasing as talk of presidential election looms large
In an unprecedented move, Sri Lankan President Maithripala Sirisena attacked the Human Rights Commission of Sri Lanka (HRCSL) for carrying out its duty to vet soldiers to participate in United Nations Peacekeeping Missions. While the United Nations Peacekeeping Operations requires the HRCSL to vet the human rights record of persons proposed for participation in peacekeeping missions, the President and the military are opposing this move. As a result, an earlier group of peacekeepers already in the Missions continue to be there, while a new group is unable to go. Two…
Read MoreFrom instability to greater disability
Perhaps one thing that was forgotten when Lord Dunmore gave Adult Franchise for all, and also when Sri Lanka became an independent nation, is the stability of the social structure of a country. This is what provides for the establishment of the government, which will ensure security and stability to all. When these matters are talked or written about, the invariable reaction is that we have gone deep into this crisis. Not just cynics, but those who know the ground reality, feel that whatever description is given about this crisis…
Read MoreA Snapshot of the Criminal Justice System: Building a Picture Through Sexual Violence Cases in the Court of Appeal 2018 by Shenali De Silva and supported publication
The disparity in sentences illustrated a lack of uniformity and consistency in judges’ approaches to sentencing sexual violence offending. The non-adherence to statutory minimum sentences and ordering suspended sentences compounded the lack of consistency in sentencing. The existence, and extent, of sentencing disparities alerts to larger issues around the exercise of judicial discretion and the need for sentencing guidelines and other parameters to ensure consistency, fairness, and to minimise arbitrariness in judicial decision-making. Disparity in judicial decision-making, including non-observance of legislative constraints, indicates the exercise of judicial discretion is an…
Read MoreINTERNATIONAL COMMISSION OF JURISTS’ SUBMISSION TO THE UNIVERSAL PERIODIC REVIEW OF SRI LANKA 2017.
SUBMISSION OF THE INTERNATIONAL COMMISSION OF JURISTS TO THE UNIVERSAL PERIODIC REVIEW OF SRI LANKA ”Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems. Established in 1952, in consultative status with the Economic and Social Council since 1957, and active on the five continents, the ICJ aims to ensure the progressive development and effective implementation…
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