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Press Statement: Denial of bail to Hindraf supporters PDF Print E-mail
Contributed by Ambiga Sreenevasan   
Thursday, 06 December 2007 10:29pm

Ambiga SreenevasanThere is little doubt that Article 145(3) confers upon the Attorney General a power exercisable in his discretion to institute proceedings for an offence. The power is a wide one and as in the case of any power, the wider it is, the greater is the onus to exercise it with proportionality and even-handedness.

The Malaysian Bar is therefore shocked at the Attorney-General’s decision to prosecute 31 persons (who were allegedly involved in the illegal assembly), for attempted murder. The Malaysian Bar is further disappointed at the vigorous opposition by the Attorney-General to their bail application. Their prosecution and denial of bail pending a trial, which may be years away means that persons who are innocent until proven guilty are denied their freedom. Surely, no fundamental right is more precious than the right to life and liberty enshrined in Article 5(1) of the Federal Constitution. There is an impression that the denial of bail is being used as a punitive measure against those charged.

The Bar Council appeals to the authorities to exercise restraint in the treatment of our citizens who are exercising their constitutional rights. We do not condone physical violence against anyone including the police. Equally we do not condone violence to the spirit of the law that is there to protect all.

Ambiga Sreenevasan
President
Malaysian Bar

6 December 2007

Comments (2)Add Comment
Bar Council's decision not to walk
written by Jonson Chong Kok Wei, Friday, December 07 2007 11:58 am

I feel that the Bar Council’s decision to call off the walk to commemorate Human Rights Day is wrong and disappointing. There does not seem to be any clear indication as to why the walk has been called off, apart from some vague reference to the need to apply for a police permit.

It is disappointing and ironic indeed that the Bar Council have to kowtow to undemocratic and unjust laws on the occasion that is supposed to celebrate and advance human rights in our country. In light of recent events, I believe that there is all the more reason that the Bar Council and Malaysian Bar should be taking the lead to fight for rights and freedoms that every Malaysian is entitled to.

Despite what the Federal Constitution says, and what some laws require, we must first acknowledge that the right to freedom of assembly is an inherent and inalienable right of every single person, irrespective of her race, religion or political beliefs. And this is one of those freedoms that guarantee the dignity of the human person. After all, we must remember that that is what human rights are all about – human dignity. (See the Universal Declaration of Human Rights, in particular Article 20; and bear in mind that Malaysia is a proud member of the United Nations.)

In Malaysia, not only are the laws restrictive in terms of peaceful assemblies, it appears that the application of such laws are made in bad faith. The manner in which the police dealt with the recent large but peaceful assemblies as well as the venomous reactions of various government ministers are good starting points.
Right from the start, the police denied permits for the peaceful assemblies by giving the feeble excuse of maintaining public order. I wonder if such concerns only arise when organisations unrelated to the ruling Umno organise events because I note that a particular rally against the U.S. led by the Umno Deputy Youth Chief last year seemed to last three hours without wasting a drop of water from police water-cannons.

Indeed, I know that the Royal Malaysian Police are capable of handling peaceful assemblies and maintaining public order if they want to because I personally witnessed the recent demonstration (that included several marches from embassy to embassy in Kuala Lumpur) by a few thousand Burmese nationals against the cruelty of the Junta in Burma.

There ought to be a presumption that people’s assemblies are peaceful, and instead of giving excuses the police should be making the effort to maintain public order. The role of the police at peaceful assemblies ought to be supervisory, not chaos creation.

Moreover, if I am not mistaken, a government minister has recently made a blanket statement that police permits will not be given for assemblies, indicating that the laws on peaceful assemblies are only for show and there is no intent whatsoever to respect basic human and democratic rights.

Further, the recent absurd charging of Hindraf supporters for attempted murder and denial of bail reeks of malicious and punitive prosecution, and is clearly an abuse of the legal system.

There appears to be a mistaken belief by most Umno and Barisan Nasional politicians that democracy means an absolute absence of dissent and opposition. And they continue to delude themselves that they have the full support of the people because they keep winning heavily rigged elections where voters do not have the benefit of press freedom.

Just as we ought to pray for wisdom and strength to overcome difficulties and not the absence of difficulties in our lives, the government should be working towards policies that addresses people’s issues and concerns, and not the absence of these. If the government has confidence in its own policies, then it ought to have the courage to face public debate and discuss issues openly. In a democracy, differing views and criticisms are normal and ought to be encouraged for the progress of the country, not stifled and hammered down by using brute force.

Thus, the Malaysian Bar ought to take the lead to defend justice and reclaim our rights and freedoms in Malaysia. And if we have to defy some unjust laws in the process, so be it.

Best regards,
Jonson Chong Kok Wei

Malaysians, as we are.
written by Tan Peek Guat, Friday, December 07 2007 02:26 pm

My Christian faith tells me that 'to forgive is divine'. This is because God is Love; and we are His people; and the world belongs to HIM. Dare you, no one can take anything away, when HE calls you away - whoever your God, and your religion!

If the HINDRAF people have done anything wrong, we must not forget that many other Malaysian politicians and personalities too have done wrong; and worse still, in spite of having done all those wrongs, many of them are peacefully and happily enjoying their pension monies (which are monies taken out of public/state funds), without having any feeling of guilt, shame or remorse at all. If we can forgive them, we can forgive the HINDRAF people too.

On account of the above, as loving and lovely Malaysians as we ought to be, we ought not make mountains out of molehills, but let the HINDRAF people be spared. The police too have been kind to the illegal immigrants, and allowing many of them to be roaming freely among us, and causing many criminal problems. So, why do we need to be so unfriendly and harsh towards our own Malaysians?

It is their following the local leadership examples, that the HINDRAF people had become emotional as they rallied on the streets, although it is unbelievable that anyone should have been hurt at all.

When the MIC leader told the HINDRAF people to meet him, they proposed to meet the UMNO leaders instead. This denotes their show of respect for the UMNO leaders and their frustrations which has been growing in them (for reasons they ought to explain), since they are now learned and thinking personalities who cannot be easily duped too!

The HINDRAF people probably shared their feelings of pains, derogations and the sufferings of their own race - for after all, we Malaysians are always classified by the race of our forefathers' ( FR ) - so, that through this unconscious and eternal sieving, each race has been unnecessarily divided and therefore made to be grouped together - instead of being assimilated and amalgamated as Malaysians, and nothing else!

Race in Malaysia does not mean Malaysians as a contained race for Malaysia, but instead, the originality of our forefathers' race - which will eternally be the same, however patriotic one may be, and even though citizens may be born and bred in Malaysia itself and have never ever visited their forefather's land.

Without this special classification of RACE within Malaysia, the HINDRAF group would have had no grounds whatsoever to have acted or reacted in the manner they did!

So, let us all be patient and understanding, even as we patiently wait till eternity comes, for MALAYSIANS to arise - and arise, sink or swim as MALAYSIANS, AND NO OTHERS BUT MALAYSIANS, and Malaysians alone.

With love,

Fellow Malaysian

Tan Peek Guat


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