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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

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