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The Malaysian Bar welcomes the findings and conclusions of the Malaysian Human Rights Commission (SUHAKAM)’s Public Inquiry, delivered on 23 April 2010, into the arrest and detention of the five lawyers from the Bar Council Legal Aid Centre (Kuala Lumpur) (BC LAC KL) at Brickfields Police Station on 7 May 2009.

The Panel of Inquiry was of the unanimous view that the arrest and detention constituted a “denial of legal representation and a contravention of Article 5(3) of the Federal Constitution and section 28A of the Criminal Procedure Code [CPC]”.  It also stated that the arrest and detention were unjustified and unnecessary, as the lawyers were “simply performing their duties as legal practitioners in defence of … their clients”.  SUHAKAM confirmed the Malaysian Bar’s stand that there had been “a violation of human rights”, which was mainly committed by DSP Jude Pereira and the OCPD of Brickfields Police Station, ACP Wan Abdul Bari bin Wan Abdul Khalid.

The Panel’s findings vindicate the five lawyers, and the Malaysian Bar as a whole, as we have consistently asserted that it was a blatant transgression of the rule of law for the lawyers to have been arrested in the course of carrying out their professional obligations as advocates and solicitors. 

We call on the Government, and PDRM in particular, to take the necessary steps to ensure that the fundamental, and Constitutionally-guaranteed, right to legal representation is upheld.  Access to legal counsel is a cornerstone of our criminal justice system, and a crucial safeguard for the rights of a detained person.
 
We also urge that more effective and holistic human rights education and practical training of law enforcement officials be conducted with a view towards changing law enforcement attitudes and methods in relation to crowd control, arrests, treatment of detained/arrested persons and the use of force.

The Bar Council will proceed to file a civil suit for the wrongful arrest and detention, and to lodge a complaint to the Police Commission on the misconduct of both these officers.

We once again commend the five BC LAC KL lawyers – Fadiah Nadwa Binti Fikri, Murnie Hidayah Binti Anuar, Puspawati Binti Rosman, Ravinder Singh Dhalliwal and Syuhaini Binti Safwan – who demonstrated, by their actions, the highest standards of the Malaysian Bar.  Their exemplary sense of duty and their professionalism stand in stark contrast to the despicable conduct of the police. 

Ragunath Kesavan
President
Malaysian Bar

26 April 2010