Press Release: Sedition Act is an affront to democracy
(Source : The Malaysia Bar Website)
The Bar Council is shocked and troubled that the Attorney-General has proceeded to charge YB Karpal Singh under the Sedition Act 1948 (“Act”) for his statements on the issue of the removal of the Perak Menteri Besar Dato’ Seri Nizar Jamaluddin by HRH Sultan Azlan Shah and the events that have unfolded in that state.
The Bar Council has been steadfast in its view that the Act is a draconian and archaic piece of legislation that undermines democratic institutions and is an absolute affront to democracy. Along with other authoritarian and repressive legislation, the Act severely encroaches upon the public enjoyment and exercise of fundamental civil liberties. The prosecution of YB Karpal Singh will be widely perceived as being selective and an attempt to pacify the partisan calls from certain influential sections within UMNO who were pushing for his prosecution. They have even outrageously called for the revocation of his citizenship.
It is abundantly clear that YB Karpal Singh had only voiced his opinion that the decision of a Ruler of a State in this area of constitutional law and practice is justiciable. At no time did he voice disrespect for or challenge the institution of the monarchy in any way. True to his calling as an advocate and solicitor, YB Karpal Singh had, without fear or favour, spoken of the possibility of a legal remedy and not advocated any recourse outside the ambit of our Constitution. This is surely permissible under the Constitution and cannot, by any stretch of the imagination, amount to sedition.
Many issues of public concern have arisen in the wake of the unprecedented events unfolding in Perak. Legal and public opinion are divided as to what is legally permissible and what is morally right. We urge the government to demonstrate its commitment to the rule of law and to democratic processes by encouraging open discourse on issues of concern to the Malaysian public. Any attempt to stifle public opinion by resorting to the Act is a sure act of regression that is antithetical to democratic principles.
We strongly urge the government to seriously review the Act with the aim of its eventual total repeal. We are concerned with the series of recent prosecutions against those exercising the freedom of speech and call for an immediate end to such harassment.
The charge against YB Karpal Singh must be immediately withdrawn.
Ragunath Kesavan
PresidentMalaysian Bar
17 March 2009
Showing posts with label Bar Council. Show all posts
Showing posts with label Bar Council. Show all posts
Tuesday, 17 March 2009
Saturday, 20 September 2008
Malaysia Bar Council unanimously against ISA
20 Sept 2008
KUALA LUMPUR, Sat: The Extraordinary General Meeting of the Malaysian Bar started about 10.20 this morning after more than 519 members had turned up to satisfy the quorum requirement. By 11.30am, 737 members had registered for the EGM which was called by the Bar Council in its meeting last Saturday.
Proceedings began with the President of the Malaysian Bar, Ambiga Sreenevasan calling the meeting to order. Members were informed that the Bar Council had invited 3 persons to address the floor – S. Pushpaneela (the wife of M. Manoharan), Member of Parliament, Teresa Kok and Norlaila Othman.
Pushpa together with her son took to the podium and thanked the Bar Council and the Malaysian Bar for their support and assistance. She also highlighted the challenges faced by her, her children and all family members of the ISA detainees. Although she was visibly upset, she still managed to express her relief that Teresa had been released and was glad that at least one person’s prayers had been answered. Pushpa received a standing ovation from the floor when she completed her very touching speech.
Teresa Kok then took to the stage to a rousing welcome. She started by saying “I’m Back!” She briefly highlighted the circumstances of her arrest and the 3 areas of questioning she faced during her detention. She then described the conditions of her detention. She questioned the need to detain her to answer questions about the 3 issues when she could have easily answered such questions at the police station. She then highlighted the ramifications of her detention to her personally and to investment opportunities for the state of Selangor. She said that she had on the morning of her detention held a briefing for investors from China and she had told them that Malaysia was a peaceful nation.
"Can you believe it? A day after I told these investors that Malaysia was a peaceful nation, they read about my arrest", said Teresa who ended her speech by thanking the members of the Malaysian Bar for their support.
Norlaila Othman, fondly known by many members of the Bar as Kak Laila, then came forward to describe her plight as a wife of a detainee who has been held without trial for 6 years. She first said that her husband was very happy with the visits organised by the Malaysian Bar. She then expressed her gratitude to her personal friend, Edmund Bon, who had been assisting her ever since her husband was detained. She thanked Edmund and his team for all their assistance and support.
Ambiga then highlighted what the journalist, Tan Hoon Cheng, had said of her detention. She also articulated the words of Raja Petra’s wife regarding his detention.
The motion was then put forward by the President of the Malaysian Bar. Proceedings were then opened to the floor. Ambiga then called for any members who oppose the Motion to express their views. No one came forward.
Ambiga then invited Syamsuriatina Ishak to explain to members the work of the Human Rights Committee and the periodic trips to Kamunting. Tina said that periodic trips are conducted by members of the Committee to Kamunting to visit the detainees. Tina informed members that the work of the Committee has been greatly appreciated by the detainees and that she hoped that more members of the Bar would participate in the work being done.
Several members expressed their views. Dipendra Harshad Rai asked whether Council has any other plan such as to bring the motion to higher bodies. Ambiga thanked Dipendra and agreed that the Council will look at it. Latheefa Koya agreed with Dipendra. She suggested the Bar do things in solidarity with Gerakan Mansuhkan ISA.
Ravindra Kumar spoke of his experience visiting the detainees in Kamunting. He said it was very intimidating and could be described as a hell hole. He said the lawyers detained there were visibly affected and appeared to be under severe mental anguish. He said that not enough is being done for them.
Mah Weng Kwai said that there was support from the international community and as President of LawAsia, it will be discussed at their next meeting.
Renuka Balasubramaniam highlighted the lack of resources faced by the Human Rights Committee and the Legal Aid Committee and urged members to come forward to assist in any way they could.
Haji Sulaiman Abdullah pointed out that the ISA is of our own making and is not inherited from our colonial past. He highlighted the freedom of the press. He said that there is now constant discussion in the mainstream media about the ISA and we should protect this vigorously.
Chew Swee Yoke said that Uthayakumar had been deprived of his medication and was being given some other medication that he was told is similar. He has also been deprived of his diabetic diet.
The motion was then put to a vote. It was carried unanimously. The meeting then ended about 12.10pm.
--------------------------------------------------------------------------------
THE MOTION
WHEREAS
THE MALAYSIAN BAR:
(a) Outraged that the Internal Security Act 1960 ('ISA') has recently been used to arrest Raja Petra Kamaruddin (a blogger), Tan Hoon Cheng (a journalist) and Teresa Kok (a member of Parliament);
(b) Deeply concerned that at present, there are more than 60 individuals detained under the ISA;
(c) Reiterating its earlier call, by its resolution of 15 March 2008, for the immediate and unconditional release of all persons presently detained without trial, including Manoharan a/l Malayalam, Uthayakumar a/l Ponnusamy, Kengadharan a/l Ramasamy, Ganabatirau a/l Veraman and Vasantha Kumar a/l Krishnan;
(d) Asserting the importance of upholding the Rule of Law, as enshrined in the Federal Constitution and the Rukunegara;
(e) Reaffirming the Bar's continued and unequivocal opposition to the ISA and all laws that allow for the detention of persons without trial, as they are unconstitutional, oppressive and undermine the Rule of Law;
(f) Taking note that, as a member of the United Nations Human Rights Council, the Government must fulfil the pledges it made, inter alia, to "promote and protect human rights and fundamental freedoms" and to promote "a free media, including in cyberspace"; and
(g) Deeply concerned that on 11 September 2008, the Government sent show-cause letters to three newspapers namely, Sin Chew Daily, The Sun and Suara Keadilan, regarding the reporting of certain issues.
NOW RESOLVES AS FOLLOWS, THAT:
1. The Malaysian Bar strongly condemns the arrests of Raja Petra Kamaruddin, Tan Hoon Cheng and Teresa Kok and strongly calls upon the Government to immediately and unconditionally release Raja Petra Kamaruddin, who is still being detained.
2. The Malaysian Bar strongly calls upon the Government to immediately and unconditionally release all persons presently detained without trial, including Manoharan a/l Malayalam, Uthayakumar a/l Ponnusamy, Kengadharan a/l Ramasamy, Ganabatirau a/l Veraman and Vasantha Kumar a/l Krishnan, who were ordered to be detained for two years from 13 December 2007.
3. The Malaysian Bar strongly calls upon the Government to immediately repeal the ISA and all other laws that allow for the detention of persons without trial such as the Emergency (Public Order and Prevention of Crime) Ordinance 1969 and Dangerous Drugs (Special Preventive Measures) Act 1985.
4. The Malaysian Bar strongly condemns the issuance of the three show-cause letters to Sin Chew Daily, The Sun and Suara Keadilan and strongly calls upon the Government to immediately withdraw the show-cause letters.
5. The Malaysian Bar calls upon the Government to uphold its pledges to the United Nations Human Rights Council to promote and protect human rights and fundamental freedoms and to promote a free media, including in cyberspace.
6. The Malaysian Bar calls upon the Government to demonstrate its commitment to, and to uphold, the Rule of Law as enshrined in the Federal Constitution and the Rukunegara.
Proceedings began with the President of the Malaysian Bar, Ambiga Sreenevasan calling the meeting to order. Members were informed that the Bar Council had invited 3 persons to address the floor – S. Pushpaneela (the wife of M. Manoharan), Member of Parliament, Teresa Kok and Norlaila Othman.
Pushpa together with her son took to the podium and thanked the Bar Council and the Malaysian Bar for their support and assistance. She also highlighted the challenges faced by her, her children and all family members of the ISA detainees. Although she was visibly upset, she still managed to express her relief that Teresa had been released and was glad that at least one person’s prayers had been answered. Pushpa received a standing ovation from the floor when she completed her very touching speech.
Teresa Kok then took to the stage to a rousing welcome. She started by saying “I’m Back!” She briefly highlighted the circumstances of her arrest and the 3 areas of questioning she faced during her detention. She then described the conditions of her detention. She questioned the need to detain her to answer questions about the 3 issues when she could have easily answered such questions at the police station. She then highlighted the ramifications of her detention to her personally and to investment opportunities for the state of Selangor. She said that she had on the morning of her detention held a briefing for investors from China and she had told them that Malaysia was a peaceful nation.
"Can you believe it? A day after I told these investors that Malaysia was a peaceful nation, they read about my arrest", said Teresa who ended her speech by thanking the members of the Malaysian Bar for their support.
Norlaila Othman, fondly known by many members of the Bar as Kak Laila, then came forward to describe her plight as a wife of a detainee who has been held without trial for 6 years. She first said that her husband was very happy with the visits organised by the Malaysian Bar. She then expressed her gratitude to her personal friend, Edmund Bon, who had been assisting her ever since her husband was detained. She thanked Edmund and his team for all their assistance and support.
Ambiga then highlighted what the journalist, Tan Hoon Cheng, had said of her detention. She also articulated the words of Raja Petra’s wife regarding his detention.
The motion was then put forward by the President of the Malaysian Bar. Proceedings were then opened to the floor. Ambiga then called for any members who oppose the Motion to express their views. No one came forward.
Ambiga then invited Syamsuriatina Ishak to explain to members the work of the Human Rights Committee and the periodic trips to Kamunting. Tina said that periodic trips are conducted by members of the Committee to Kamunting to visit the detainees. Tina informed members that the work of the Committee has been greatly appreciated by the detainees and that she hoped that more members of the Bar would participate in the work being done.
Several members expressed their views. Dipendra Harshad Rai asked whether Council has any other plan such as to bring the motion to higher bodies. Ambiga thanked Dipendra and agreed that the Council will look at it. Latheefa Koya agreed with Dipendra. She suggested the Bar do things in solidarity with Gerakan Mansuhkan ISA.
Ravindra Kumar spoke of his experience visiting the detainees in Kamunting. He said it was very intimidating and could be described as a hell hole. He said the lawyers detained there were visibly affected and appeared to be under severe mental anguish. He said that not enough is being done for them.
Mah Weng Kwai said that there was support from the international community and as President of LawAsia, it will be discussed at their next meeting.
Renuka Balasubramaniam highlighted the lack of resources faced by the Human Rights Committee and the Legal Aid Committee and urged members to come forward to assist in any way they could.
Haji Sulaiman Abdullah pointed out that the ISA is of our own making and is not inherited from our colonial past. He highlighted the freedom of the press. He said that there is now constant discussion in the mainstream media about the ISA and we should protect this vigorously.
Chew Swee Yoke said that Uthayakumar had been deprived of his medication and was being given some other medication that he was told is similar. He has also been deprived of his diabetic diet.
The motion was then put to a vote. It was carried unanimously. The meeting then ended about 12.10pm.
--------------------------------------------------------------------------------
THE MOTION
WHEREAS
THE MALAYSIAN BAR:
(a) Outraged that the Internal Security Act 1960 ('ISA') has recently been used to arrest Raja Petra Kamaruddin (a blogger), Tan Hoon Cheng (a journalist) and Teresa Kok (a member of Parliament);
(b) Deeply concerned that at present, there are more than 60 individuals detained under the ISA;
(c) Reiterating its earlier call, by its resolution of 15 March 2008, for the immediate and unconditional release of all persons presently detained without trial, including Manoharan a/l Malayalam, Uthayakumar a/l Ponnusamy, Kengadharan a/l Ramasamy, Ganabatirau a/l Veraman and Vasantha Kumar a/l Krishnan;
(d) Asserting the importance of upholding the Rule of Law, as enshrined in the Federal Constitution and the Rukunegara;
(e) Reaffirming the Bar's continued and unequivocal opposition to the ISA and all laws that allow for the detention of persons without trial, as they are unconstitutional, oppressive and undermine the Rule of Law;
(f) Taking note that, as a member of the United Nations Human Rights Council, the Government must fulfil the pledges it made, inter alia, to "promote and protect human rights and fundamental freedoms" and to promote "a free media, including in cyberspace"; and
(g) Deeply concerned that on 11 September 2008, the Government sent show-cause letters to three newspapers namely, Sin Chew Daily, The Sun and Suara Keadilan, regarding the reporting of certain issues.
NOW RESOLVES AS FOLLOWS, THAT:
1. The Malaysian Bar strongly condemns the arrests of Raja Petra Kamaruddin, Tan Hoon Cheng and Teresa Kok and strongly calls upon the Government to immediately and unconditionally release Raja Petra Kamaruddin, who is still being detained.
2. The Malaysian Bar strongly calls upon the Government to immediately and unconditionally release all persons presently detained without trial, including Manoharan a/l Malayalam, Uthayakumar a/l Ponnusamy, Kengadharan a/l Ramasamy, Ganabatirau a/l Veraman and Vasantha Kumar a/l Krishnan, who were ordered to be detained for two years from 13 December 2007.
3. The Malaysian Bar strongly calls upon the Government to immediately repeal the ISA and all other laws that allow for the detention of persons without trial such as the Emergency (Public Order and Prevention of Crime) Ordinance 1969 and Dangerous Drugs (Special Preventive Measures) Act 1985.
4. The Malaysian Bar strongly condemns the issuance of the three show-cause letters to Sin Chew Daily, The Sun and Suara Keadilan and strongly calls upon the Government to immediately withdraw the show-cause letters.
5. The Malaysian Bar calls upon the Government to uphold its pledges to the United Nations Human Rights Council to promote and protect human rights and fundamental freedoms and to promote a free media, including in cyberspace.
6. The Malaysian Bar calls upon the Government to demonstrate its commitment to, and to uphold, the Rule of Law as enshrined in the Federal Constitution and the Rukunegara.
Saturday, 13 September 2008
Malaysian Bar Council : ISA Draconion and Undemocratic
Dato’ Ambiga Sreenevasan ,President Malaysian Bar Malaysian Bar Council : ISA Draconion and Undemocratic
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
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
BAR Council EGM on ISA
Bar Council to have EGM on ISA
Saturday, 13 September 2008 03:44pm
©The Star
by Zulkifli Abd Rahman
KUALA LUMPUR: The Bar Council will hold an emergency Extraordinary General Meeting (EGM) on Sept 20 to discuss what it called a serious national crisis regarding the arrests of three people under the Internal Security Act (ISA) on Friday.
The meeting, which would be held at Wisma MCA at 10am, would discuss the violation of the rule of law, Bar Council chairman Datuk Ambiga Sreenevasan said.
She added the Council had set up a legal team, headed by council member Rajpal Singh with about 25 state bar chairmen and representatives, to provide legal aid to the detainees and anyone else who might be arrested later.
Ambiga said the ISA was not a solution to any perceived threat to peace, adding that the three people were arrested in connection to matters that were already in the public domain.
She added that the use of the ISA, far from relieving any perceived tension, had instead created far more uneasiness and unhappiness among right-thinking people in Malaysia.
“We have sufficient provisions in the Penal Code and Criminal Procedure Code that allow for police investigations in these instances.
“If there are perceived offences, charge these people in open court and give them their fundamental right to defend themselves. Our nation and our people don’t deserve the ISA,” she told reporters Saturday at the Bar Council headquarters after chairing a meeting on the issue.
Ambiga was commenting on the arrest of Malaysia Today news portal editor Raja Petra Kamaruddin, Selangor senior executive councillor Teresa Kok and Sin Chew Daily News reporter Tan Hoon Cheng on Friday under Section 73(1) of the ISA.
She also appealed to the Home Ministry to withdraw the show-cause letters issued to Sin Chew Daily, The Sun and Suara Keadilan for breaching guidelines set by the Government.
To a question, Ambiga said she was not aware of any news whether any of the Bar Council’s members may be detained under the ISA later.
Immediate past Bar president Yeoh Yang Poh said it was sad to learn that the Government deemed it necessary to deprive the people of their freedom without going through the due process of law after 50 years of nation building.
Hendon Mohamed, past president of the Bar Council, said she was shocked that the ISA was still used for purposes of convenience, and urged the Government to consider allowing itself to become more open and let the people speak up.
Another past Bar president Sulaiman Abdullah said the country was not facing a major crisis, yet a law that was supposed to overcome a major crisis was being used.
“If the Government insists in continuing to use the ISA, the Act should be used with safeguards written into it, such as that any executive action on the ISA must be subject to judicial scrutiny,” he added.
Saturday, 13 September 2008 03:44pm
©The Star
by Zulkifli Abd Rahman
KUALA LUMPUR: The Bar Council will hold an emergency Extraordinary General Meeting (EGM) on Sept 20 to discuss what it called a serious national crisis regarding the arrests of three people under the Internal Security Act (ISA) on Friday.
The meeting, which would be held at Wisma MCA at 10am, would discuss the violation of the rule of law, Bar Council chairman Datuk Ambiga Sreenevasan said.
She added the Council had set up a legal team, headed by council member Rajpal Singh with about 25 state bar chairmen and representatives, to provide legal aid to the detainees and anyone else who might be arrested later.
Ambiga said the ISA was not a solution to any perceived threat to peace, adding that the three people were arrested in connection to matters that were already in the public domain.
She added that the use of the ISA, far from relieving any perceived tension, had instead created far more uneasiness and unhappiness among right-thinking people in Malaysia.
“We have sufficient provisions in the Penal Code and Criminal Procedure Code that allow for police investigations in these instances.
“If there are perceived offences, charge these people in open court and give them their fundamental right to defend themselves. Our nation and our people don’t deserve the ISA,” she told reporters Saturday at the Bar Council headquarters after chairing a meeting on the issue.
Ambiga was commenting on the arrest of Malaysia Today news portal editor Raja Petra Kamaruddin, Selangor senior executive councillor Teresa Kok and Sin Chew Daily News reporter Tan Hoon Cheng on Friday under Section 73(1) of the ISA.
She also appealed to the Home Ministry to withdraw the show-cause letters issued to Sin Chew Daily, The Sun and Suara Keadilan for breaching guidelines set by the Government.
To a question, Ambiga said she was not aware of any news whether any of the Bar Council’s members may be detained under the ISA later.
Immediate past Bar president Yeoh Yang Poh said it was sad to learn that the Government deemed it necessary to deprive the people of their freedom without going through the due process of law after 50 years of nation building.
Hendon Mohamed, past president of the Bar Council, said she was shocked that the ISA was still used for purposes of convenience, and urged the Government to consider allowing itself to become more open and let the people speak up.
Another past Bar president Sulaiman Abdullah said the country was not facing a major crisis, yet a law that was supposed to overcome a major crisis was being used.
“If the Government insists in continuing to use the ISA, the Act should be used with safeguards written into it, such as that any executive action on the ISA must be subject to judicial scrutiny,” he added.
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