The Bar Council is shocked and deeply troubled over the reported arrest of Raja
Petra Kamaruddin under the Internal Security Act (ISA).
The Malaysian Bar has consistently denounced the ISA as draconion and
undemocratic, and believes that preventive detention laws should not be invoked
under any circumstances. The ISA and other preventive detention laws violate
fundamental rights, are unconstitutional and oppressive, and have no place in a
society that respects and upholds the rule of law. If an offence has been
allegedly committed, the individual concerned must be charged in court and given
a fair opportunity to defend himself. We agree with the view reportedly
expressed by Foreign Minister Datuk Seri Dr. Rais Yatim yesterday when he
disagreed with the call for the use of the ISA on Datuk Ahmad Ismail, saying
that this “will have a huge effect on… the rule of law” and that he
should therefore “go through the normal process of law”.
The Bar Council is equally perturbed that three newspapers have been issued
show–cause letters today over their news coverage. This together with the arrest
of Raja Petra Kamaruddin under the ISA may be viewed as a chilling message that
our fundamental freedoms are not secure.
Too often we see in other countries, the rule of law and human rights becoming
the first casualties when these countries face uncertainties. This must never be
allowed to happen in our country where the rule of law is entrenched in our
Rukunegara. More so as Malaysia is a member of the UN Human Rights Council.
We therefore call for the immediate release of Raja Petra Kamaruddin and other
detainees.
Dato’ Ambiga Sreenevasan
President
Malaysian Bar
12 September 2008