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YAB Dato’ Sri Mohd Najib bin Tun Abdul Razak
Prime Minister
Office of the Prime Minister of Malaysia
Main Block, Perdana Putra Building
Federal Government Administrative Centre
62502 Putrajaya Malaysia
By email to ppm@pmo.gov.my
Helsinki, 22nd August 2016
Open letter | Serious threat to the independence of the Malaysian Bar
Your Excellency,
The Finnish Bar Association notes with deep concern the intention of the Government of Malaysia to amend the Legal Profession Act 1976. The Association is aware that the Government of Malaysia is proposing a number of changes to the LPA, including a provision to grant the Minister in charge of legal affairs the power to appoint two members of the Bar onto the Bar Council. Those appointees will represent the Government.
The UN Basic Principles on the Role of Lawyers require governments to ensure that attorneys–at–law are able to perform all their professional functions without intimidation, hindrance, harassment or improper interference. The principles also provide that attorneys–at–law shall be entitled to form and join self–governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional association shall be elected by its members and shall exercise its function without external interference. The Bar needs to be free to elect its own leaders and act without government interference.
The independence of the legal profession is crucial for the attorney–at–law to carry out his/her special role in society. The attorney–at–law’s activities serve in particular the common good. As an Agent of the administration of justice, the free and independent legal profession is an integral part of a state governed by the rule of law. Any interference from the government with this independence is not acceptable.
Against this background, The Finnish Bar Association is deeply concerned about the scheduled amendments in Malaysia. The independence of the legal profession is an essential prerequisite for a state governed by the rule of law.
The Finnish Bar Association supports the ongoing independence of Malaysia’s legal profession and respectfully requests the Government to reconsider the proposed amendments which threaten the independence of the Malaysian Bar.
Therefore, I urge you to make sure that there will be no interference to the independence of the Malaysian Bar.
Yours sincerely
Jarkko Ruohola
Attorney–at–law, President of the Finnish Bar Association
About the Finnish Bar Association
The Finnish Bar Association (Suomen Asianajajaliitto) represent 2100 attorneys–at–law in Finland. The objects of the Bar are the maintenance and enhancement of the professional skills of its members as well as the development of advocacy in Finland. The Bar enhances the quality of legal services, educates and supports its members and takes active part in legislative work. The Bar Association is not a registered association, a trade union or an entrepreneur organization. We also supervise the activities of attorneys–at–law.