The courts are being challenged to uphold the basic principles of equality before the law, of the presumption of innocence and of the right to a fair and public hearing by a competent, independent and impartial tribunal established by law. This challenge apply even more in cases of people who are charged before the courts of violating laws for acts that constitute either their exercise of human rights or protection of the rights of others.
Reports from several countries in Asia show that people who are considered human rights defenders are being charged with violating laws on sedition, cybercrime and right to information. They have been detained or arrested for criticizing the government, for raising human rights issues, and for defending people who have suffered human rights violations or abuse. All these are legitimate acts and should not be considered unlawful. Unfortunately, in some cases, the courts failed to see the harassment angle of the cases and punished the accused.
The courts have the power to help ensure that human rights are protected and realized, but their failure to do so leads to a society with less freedom and more injustice.