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Asian HR Commission lauds UNHRC decision on Tony
Says decision vindicates the principled stand
The Asian Human Rights Commission (AHRC) yesterday welcomed the decision of the UN Human Rights Committee which held that the State violated the rights of Tony Fernando.

Tony Fernando made an application in June 2003 to the Human Rights Committee under the Optional Protocol of the Covenant, which entitles individual citizens of state parties to lodge complaints where all domestic remedies have been exhausted. In it he complained that he was sentenced to one year's rigorous imprisonment for alleged contempt of court, and that he was subjected to torture while in prison custody.

In its reply, the state party asserted that the complainant had treated the court contemptuously and had been given the opportunity to apologise but had not done so, and therefore was sentenced accordingly.

However, the Committee held that a fine or similar penalty by the court would have been sufficient under the circumstances. On the sentence of one-year's rigorous imprisonment, it has written that, "No reasoned explanation has been provided by the court or the State party as to why such a severe and summary penalty was warranted."

The State party also objected to the complaint by arguing that, "The judiciary is not under the State's control and as such the State cannot influence nor give any undertaking or assurances on behalf of the judiciary."

However, the Committee in its conclusion found that, "The fact that an act constituting a violation of (the Covenant) is committed by the judicial branch of government cannot prevent the engagement of the responsibility of the State party as a whole."

Therefore, in finding that Tony Fernando was subjected to arbitrary detention in violation of the Covenant, it has laid the responsibility for this violation at the feet of the entire state.

"The Asian Human Rights Commission today lauds the decision of the Human Rights Committee given in favour of Tony Fernando, and its strong recommendations both to give redress to the complainant and also reform the law to prevent similar violations of rights. The Committee's decision vindicates the principled stand taken by a man who has had to suffer great personal tribulations as a result of his honest intentions.

"The Asian Human Rights Commission looks forward to a swift response from the State party with a view to taking the required steps so that Sri Lanka may comply more fully with the Covenant, which it has committed to uphold", the statement said.

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