The Bar Council welcomes the decision of the Shah Alam High Court on 30 May 2001 with regard to the release of the two people arrested under the ISA, namely Abdul Ghani Haroon and N Gobalakrishnan, who have been detained since 10 April.
The Judge's call that the provisions of the ISA be reviewed to prevent or minimise its abuses is consistent with the Bar Council's constant call to abolish the ISA altogether as it has become obsolete.
The abolition of the ISA is most imperative for the advancement of the Rule of Law. The 1960 Act in the present day context is not only antiquated but draconian especially with regard to detention without trial.
The ISA has outlived the original intended purpose which was legislated at the height of the Communist insurgency. The provision for detention for a period not exceeding 2 years is an executive detention order of the Minister of Home Affairs and not a detention pursuant to a judicial decision. The learned Judge in his decision has indicated the mala fides of the use of the ISA and that the detention without access to family members and lawyers was deliberate and unreasonable.
Denial of a right of a person to access to a lawyer is a blatant violation of the detainees constitutional right as provided in Art 5(3) of the Constitution which stipulates inter alia that a person as soon as he is arrested has a right to consult a legal practitioner of his choice.
A denial would therefore be taking away a guaranteed right under the Constitution and a violation of the provisions thereof.
The Bar Council welcomes the judicial observation that neither in the ISA nor in the Constitution is there a provision that access to lawyers would only be given after investigations are completed.
The denial of counsel therefore violates the person's basic right to apply for habeas corpus as guaranteed in Art 5(3) of the Constitution.
The Bar Council therefore urges the government to repeal the ISA expeditiously. It also urges that all persons be given the right to immediate legal representation upon detention.
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International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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Circular No 110/2012: Seminar on Introduction to ICC Arbitration: An Insight into the 2012 ICC Rules
