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Bar Council calls EGM on September 20 over violation of rule of law |
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Contributed by Web Reporter
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Saturday, 13 September 2008 02:26pm |
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Bar sets up panel to aid ISA detainees
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Bar Council to convene emergency meeting over ISA detentions
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Bar Council to have EGM on ISAKUALA LUMPUR, Sat: The Bar Council today decided to convene
an extraordinary general meeting of the Malaysian Bar at 10.00 a.m. next
Saturday, September 20 at Wisma MCA to discuss the violation of the rule of
law in the light of the arrests of Raja Petra Kamaruddin, Sin Chew journalist Tan Hoon Cheng and
Seputeh MP YB Teresa Kok under the Internal Security Act and the issuance
of show-cause letters to the three newspapers, Sin Chew Daily, The Sun
and Suara Keadilan.
In a press conference attended by all Bar Council members,
the President of the Malaysian Bar, Datuk Ambiga Sreenevasan also read out the
following press statement:
The Bar Council expresses its shock and utter disbelief at
the arrest of Raja Petra Kamaruddin, Sin Chew journalist Tan Hoon Cheng and
Seputeh MP YB Teresa Kok under the Internal Security Act (ISA). These people
have been arrested on matters that are already in the public domain, and we are
incredulous as to how any of these matters justifies the use of the draconian
ISA. The public must be immediately assured of the safety and well-being of the
three individuals.
The use of the ISA, far from relieving any perceived tension, has instead
created far more uneasiness and unhappiness amongst right-thinking people in
Malaysia. The avowed grounds of arrest are all matters that come within the
purview of existing laws in the country. If, as reported, these people were
hauled in for investigations on the specific issues mentioned, then there is no
need whatsoever to hold them under the ISA. We have sufficient provisions in the
Penal Code and the Criminal Procedure Code that allow for police investigation
in these instances, such as Sections 504 and 505 of the Penal Code. We have said
it before and we will say it again – if there are perceived offences, charge
these people and give them their fundamental right to defend themselves.
The ISA is not a solution to any perceived threat to our peace. In fact, we fail
to see what threat there is to our peace that could possibly justify the using
of the blunt instrument of the ISA.
We have full confidence in the maturity of the Malaysian people in appreciating
what has happened here. It is the true test of the mettle of a Government that
it can deal with difficult and diverse issues without resorting to draconian
measures. Our nation, our citizens, do not deserve the ISA.
Additionally, we must remember that Malaysia sits on the UN Human Rights
Council. The Government made pledges in order to be elected to this Council in
2006, a mere two years ago. Those pledges include upholding “the promotion and
protection of all human rights”. It was further stated in the pledges as
follows:
“Another manifestation of the importance that the Government attaches to the
enjoyment of all human rights and fundamental freedoms is the promotion of a
free media, including in cyberspace, as well as the encouragement of vibrant and
active civil societies.”
As a member of the UN Human Rights Council, it is therefore incumbent upon the
Government of Malaysia to uphold these pledges. The use of preventive detention
laws like the ISA runs counter to those pledges.
The Bar Council has set up a legal team, headed by Council member Rajpal Singh,
that includes each State Bar Chair and State Representative. These lawyers will
be on hand to assist by providing legal aid to the detainees.
The Bar Council is calling for an emergency Extraordinary General Meeting of the
Malaysian Bar to be held at 10 a.m. on Saturday, 20 September 2008, at Wisma MCA
to discuss this violation of the rule of law.
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Circular No 304/2008 : Invitation - HR Debate 2008
As a lawyer, I am proud that the Bar Council has decided to hold this EGM. I call on all lawyers to turn up to show solidarity to the victims of this reprehensible piece of legislation.
It has been misused and abused over the years, from as early as the 1960s when Labour Party members were the first to face it.
I believe it was a serving Member of Parliament, Ahmad Boestaman, who was the first victim of the Act. Of course, I stand corrected.
I recall discussing with my public law professor in New Zealand about this dark statute that was drafted by the late Prof Hickling who regretted seeing his handiwork abused and misused.
Prof. Hickling is on record as stating that he did this on the assurance of the then prime minister that it would not be misused or abused.
My public law professor said that Prof. Hickling made a mistake. "Never trust politicians," he said categorically.
Stephen Tan Ban Cheng