While the Bar Council views with concern the alleged threat to national peace and security posed by members of the religious group Kumpulan Mujahidin Malaysia (KKM), the Bar Council notes with equal concern the use of the Internal Security Act (ISA) in the arrests of such persons.
Described in the newspapers as militants with international terrorist links, the members of KKM were reported as being disillusioned with the democratic process in our country and therefore harbouring intentions to topple the Government through violence. Such acts of violence were reported to involve robbery and bombing. As such, the Bar Council is of the view that apart from the ISA, there exist other available statutory provisions to effect the arrests of the KKM members (based on sufficient evidence) such as the Penal Code, the Arms Act or the Firearms (Increased Penalties) Act.
The incessant use of the ISA with seeming complete disregard of other available statutory provisions in recent times can only serve to perpetrate a long trend of unjust detentions without trial and to sidestep the constitutional right of Malaysian citizens to consult lawyers of their own choice upon arrest. The Bar Council is of the firm view that while the authorities concerned have a duty to ensure the peace and stability of the nation, this duty should be tempered with an equal duty to uphold the constitutional provisions available to each individual. Indeed, the right to legal representation upon arrest and the right to trial in a court of law must be and be seen to be available to all persons irrespective of their disposition to criminality or violence. Where legislation conflicts with constitutional provisions, the latter must prevail.
The Bar Council therefore urges that the KKM detainees be allowed access to their constitutional right to immediate legal representation and to trial in a court of law, and reiterates its call for the expeditious repeal of the ISA.
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International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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