Malaysian Bar's Press Release: Harassment of lawyers on the increase
Contributed by Kesavan, Ragunath
Thursday, 13 November 2008 02:05pm
The Bar Council reiterates that cases of lawyers being harassed and/or
intimidated by the police are on the increase.
We urge the Inspector-General of Police (IGP) to immediately stop such
unwarranted action whereby his officers call in lawyers representing clients, to
have their statements recorded, purportedly to assist in investigations.
We note that this trend is prevalent more so in cases of purported breaches of
public order that involve citizens exercising their legitimate right to dissent.
This immediately conjures up the perception that the police force is selective
in carrying out investigations, targeting legitimate dissenters exercising their
rights of assembly or expression, which are protected under our Federal
Constitution.
We call on the police to respect the Rule of Law, which includes the right to
legal access and the substantially unfettered right, recognised in law, to legal
representation without the undue harassment and intimidation of lawyers carrying
out their duties as officers of the court.
In the specific case of Lawyer N. Surendran, we refute the IGP’s version
of events when he stated that Surendran was called for questioning in order for
the police to “record his statement and complete investigations into the remand”
of some arrested persons, including his clients.
N. Surendran was in fact notified by police officers that a report had been
lodged against him for alleged statements he had made during the proceedings in
court. Subsequently, a Section 111 notice was served on him for those alleged
statements.
The Bar Council reiterates that Surendran was also previously called by the
police under similar circumstances, followed by Americk Sidhu and M. Puravalen.
We reiterate the importance of respecting the Rule of Law and the right of
access to legal representation as a fundamental tenet of any truly democratic
society. We urge the police to allow lawyers to carry out their duties without
any fear or favour.
Find the answers from among the 'bunch' and not by looking at the 'force'. written by Tan Peek Guat,
Thursday, November 13 2008 02:18 pm
When intimidation of lawyers by the police has increased, it is only evident that respect for lawyers has dropped.
When respect of lawyers drops, then certainly the Police know better how to treat/mistreat them.
When educated and serving lawyers can barge into the Bar Council organised forum with any justification except for his own remission between him and his God; and also, no one, not even the Bar Council can reprimand such a brave and bold person, then this is to allow for the degrading treatment of a lawyer upon their own fellow lawyers, and therefore, the consequent looking down upon the WHOLE BUNCH OF LAWYERS by the POLICE FORCE.
This clearly shows that when the 'bunch' appears weak, the 'force' seems threatening.
Seek the answers among yourselves, lawyers; they cannot be found elsewhere! To look at the 'force' means showing them greater unwanted respect and giving them further justifications for their unwanted acts!
Tan Peek Guat
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When intimidation of lawyers by the police has increased, it is only evident that respect for lawyers has dropped.
When respect of lawyers drops, then certainly the Police know better how to treat/mistreat them.
When educated and serving lawyers can barge into the Bar Council organised forum with any justification except for his own remission between him and his God; and also, no one, not even the Bar Council can reprimand such a brave and bold person, then this is to allow for the degrading treatment of a lawyer upon their own fellow lawyers, and therefore, the consequent looking down upon the WHOLE BUNCH OF LAWYERS by the POLICE FORCE.
This clearly shows that when the 'bunch' appears weak, the 'force' seems threatening.
Seek the answers among yourselves, lawyers; they cannot be found elsewhere! To look at the 'force' means showing them greater unwanted respect and giving them further justifications for their unwanted acts!
Tan Peek Guat