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The Malaysian Bar is disappointed that the Government has not only continued to detain the nine individuals arrested at Sungai Cincin, Gombak under the Internal Security Act 1960 (ISA), but has also denied them access to lawyers.

We denounce the detention of persons without trial under any circumstances, as it is an unjustified infringement of universal principles of human rights, and a violation of the Rule of Law and the principles of a democratic Government.  Among other reasons, detention without trial violates a person’s right to be presumed innocent until proven guilty and his/her right to a fair and public trial where he/she may be defended.

Further, the Malaysian Bar condemns the Government’s refusal to permit the detainees access to legal counsel, despite the repeated demands that have been made to the Ministry of Home Affairs and the Inspector General of Police.  Lawyers and Gerakan Mansuhkan ISA (GMI) representatives went to the police headquarters in Bukit Aman on 22 February 2010 to demand that the detainees be permitted to consult with lawyers, during which GMI submitted its memorandum calling for the same.

Article 5 of the Federal Constitution guarantees an arrested individual’s right of access to a legal practitioner of his/her choice, and the provision protecting this fundamental liberty must be upheld.  The Government’s denial of this elementary right makes an absolute mockery of the constitutional right to legal representation and is a travesty of justice.  

Although the Criminal Procedure Code does not apply in this specific case, it was amended in 2007 to allow arrested persons access to legal counsel.

The presence of a lawyer when an accused is questioned or arrested promotes accountability because lawyers serve as a check-and-balance, on the spot, against police excess.  The police force, as a law enforcement agency, commands far more physical and tangible power than any other public service agency, and hence a mechanism for accountability is all the more necessary.

The Malaysian Bar therefore calls on the Government to grant the detainees immediate access to legal counsel, and to give meaning to a principle that is a cornerstone of our criminal justice system, and a crucial safeguard for the detainees’ rights.

The Government’s decision to deport at least seven of the foreign detainees is also excessive and unwarranted, especially as the detainees have not had an opportunity to seek legal advice or defend themselves with legal representation.   Many of the detainees’ families are here, and deportation would separate the family members from each other.  One detainee has already been deported.

The Malaysian Bar further calls upon the Government to immediately and unconditionally release all persons presently held under detention without trial laws.  If these persons have committed any offences, charge and prosecute them in a public and fair trial, and give them their fundamental right to defend themselves.

Repeal the ISA!
 

Ragunath Kesavan
President
Malaysian Bar

8 March 2010