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PRESS RELEASE: Threat to the promise of an open society PDF Print E-mail
Contributed by Ambiga Sreenevasan   
Tuesday, 17 July 2007 12:37am

Press StatementThe Malaysia of today promised to be a society that cherishes the fundamental freedom of thought and expression. Malaysians welcomed the government’s recent stand that we are an open society where freedom of speech and expression is allowed, where accountability is the order of the day and where the government promised to be less repressive. An example of the effort to promote openness can be seen by the decision of the government not to ban the book May 13. The arrest of Nathaniel Tan for publishing information and documents on his website on the other hand, runs counter to this avowed stand.

The Bar Council strongly condemns the manner in which Nathaniel Tan was taken from his home, apparently in handcuffs and with very little or delayed information given to his family as to his whereabouts and why he was arrested. It is a matter of great concern that it was only after a police report was lodged that the police confirmed that Nathaniel was in their custody. We are also concerned that the authorities saw fit to apply for a 14-day remand order against Nathaniel and that a 4-day remand order was granted. Given that the authorities are already in possession of all the hardware (computer and hand phone) related to the alleged offence, such an application for remand by them appears more punitive than anything else.

That the police have a right to question Nathaniel Tan is not denied. But such questioning can take place without the necessity of a remand order nor handcuffs whilst simultaneously affording him all of his rights including the crucial right of full and unhindered access to legal counsel.

Such repressive steps only fuel unnecessary speculation as to the intentions of the authorities in treating Nathaniel this way. The authorities must conduct all investigations in an even handed manner regardless of the political affiliation of an individual which is, and must be, an irrelevant factor.

The Bar Council calls for the immediate release of Nathaniel Tan. Anything short of this is unacceptable and is a regressive step for the Malaysia that has portrayed itself to the world to be a progressive, liberal and open society.

Ambiga Sreenevasan
President
Malaysian Bar

16 July 2007

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