The Bar Council is saddened to learn of the death of scores of demonstrators in Tak Bai, in the province of Narathiwat in southern Thailand. It is reported that 6 persons were shot dead outside the Tak Bai police station, and 78 died of suffocation while in detention, as a result of having been packed inside police or army trucks during transportation. According to reports, these persons were part of the thousands of demonstrators who turned up outside the Tak Bai police station to protest against the arrest of 6 village defence volunteers.
The Bar Council joins the many quarters in Malaysia (both governmental and non-governmental) in expressing concern and outrage over the inhumane treatment of demonstrators in that incident. The Thai military's claim that they acted against the protesters "because the protest was illegal" is no excuse at all.
Peaceful demonstration is a civil right, not a crime punishable with death. Crowd control is a duty to be performed by the police in a professional manner, not a convenient reason for violent reactions. The exercise of the right to arrest and detain a person cannot be divorced from the corresponding duty to adequately ensure the safety of the detainee. Hence, the Bar Council urges the Thai government to demonstrate full commitment to the practice of true democracy, by ensuring that there will be no more unjustified use of force by its police and security forces. An independent judicial inquiry into the October 25th incident must be promptly held, and its findings made public. Those found responsible for the use of excessive force, or for the failure of duty to ensure the safety and well-being of detainees, must be made to answer in accordance with the law.
The Bar Council also deplores all acts of vengeance or violent retaliation, such as the beheading of a deputy village chief in an apparent revenge killing. The culprit(s) must be brought to justice.
The Bar Council urges all quarters concerned to exercise restraint and mutual tolerance, and work towards finding a peaceful reconciliation and long-term solution to the problem, by addressing its root causes. Neither senseless violence nor vengeance can be helpful to the process.
There are valuable lessons to be learned from this tragedy, not only for Thailand, but for Malaysia as well. The vocal and open reaction by our government to the incident will only make sense if it signifies our government's recognition of the right of participation in peaceful demonstrations (be it in Malaysia or elsewhere). This is a welcomed development, which should, it is hoped, clear the way for the authorities to allow all peaceful demonstrations in the future.
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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
