The Malaysian Bar - Letter of concern from the Commonwealth Lawyers Association to the Prime Minister of Malaysia

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Letter of concern from the Commonwealth Lawyers Association to the Prime Minister of Malaysia

Thursday, 09 July 2009 12:23pm

Dear Prime Minister,

Re: Recent Arrest and Detention of 5 Legal Aid Lawyers in Malaysia

The Commonwealth Lawyers Association (CLA) is a pan-Commonwealth professional association of lawyers and exists to maintain and promote an independent legal profession and the rule of law throughout the Commonwealth.

The CLA is very concerned over the recent arrest of five lawyers in Malaysia following their visit to a police station for the sole purpose of representing their clients who had been arrested for alleged illegal assembly. The CLA is disturbed at reports that the lawyers were denied access to their clients, detained overnight and subsequently released the next day without being given any reason for their arrest and detention.

In a statement issued on 29th May 2009, the CLA noted that the right to Counsel is recognised in Article 5(3) of the Malaysian Federal Constitution and is universally recognised as an important facet of the rule of law in all democratic societies.

On behalf of the CLA, I respectfully call upon the Government of Malaysia to respect the role of lawyers, as detailed in the United Nations Basic Principles on the Role of Lawyers (adopted in 1990) and the United Nations Declaration on Human Rights Defenders (adopted in 1998), and to ensure that lawyers are able to access their clients without any hindrance and freely discharge their duties in the interest of effective administration of justice.

The CLA considers it important that a full and independent investigation into the matter be carried out as soon as possible and urges the Government of Malaysia to act accordingly.

The CLA will continue to actively support the Malaysian Bar Council and the legal profession in Malaysia in their efforts to uphold the independence of the legal profession and respect for the rule of law.

Yours sincerely

Mohamed Husain

President

Commonwealth Lawyers Association

3 July 2009

Please click here to access the original version of the letter.

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