Bar Council calls EGM on September 20 over violation of rule of law

The Bar Council today decided to convene an extraordinary general meeting of the Malaysian Bar at 10.00 a.m. next Saturday, September 20 at Wisma MCA to discuss the violation of the rule of law in the light of the arrests of Raja Petra Kamaruddin, Sin Chew journalist Tan Hoon Cheng and Seputeh MP YB Teresa Kok under the Internal Security Act and the issuance of show-cause letters to the three newspapers, Sin Chew Daily, The Sun and Suara Keadilan.

In a press conference attended by all Bar Council members, the President of the Malaysian Bar, Datuk Ambiga Sreenevasan also read out the following press statement:

The Bar Council expresses its shock and utter disbelief at the arrest of Raja Petra Kamaruddin, Sin Chew journalist Tan Hoon Cheng and Seputeh MP YB Teresa Kok under the Internal Security Act (ISA). These people have been arrested on matters that are already in the public domain, and we are incredulous as to how any of these matters justifies the use of the draconian ISA. The public must be immediately assured of the safety and well-being of the three individuals.

The use of the ISA, far from relieving any perceived tension, has instead created far more uneasiness and unhappiness amongst right-thinking people in Malaysia. The avowed grounds of arrest are all matters that come within the purview of existing laws in the country. If, as reported, these people were hauled in for investigations on the specific issues mentioned, then there is no need whatsoever to hold them under the ISA. We have sufficient provisions in the Penal Code and the Criminal Procedure Code that allow for police investigation in these instances, such as Sections 504 and 505 of the Penal Code. We have said it before and we will say it again – if there are perceived offences, charge these people and give them their fundamental right to defend themselves.

The ISA is not a solution to any perceived threat to our peace. In fact, we fail to see what threat there is to our peace that could possibly justify the using of the blunt instrument of the ISA.

We have full confidence in the maturity of the Malaysian people in appreciating what has happened here. It is the true test of the mettle of a Government that it can deal with difficult and diverse issues without resorting to draconian measures. Our nation, our citizens, do not deserve the ISA.

Additionally, we must remember that Malaysia sits on the UN Human Rights Council. The Government made pledges in order to be elected to this Council in 2006, a mere two years ago. Those pledges include upholding “the promotion and protection of all human rights”. It was further stated in the pledges as follows:

“Another manifestation of the importance that the Government attaches to the enjoyment of all human rights and fundamental freedoms is the promotion of a free media, including in cyberspace, as well as the encouragement of vibrant and active civil societies.”

As a member of the UN Human Rights Council, it is therefore incumbent upon the Government of Malaysia to uphold these pledges. The use of preventive detention laws like the ISA runs counter to those pledges.

The Bar Council has set up a legal team, headed by Council member Rajpal Singh, that includes each State Bar Chair and State Representative. These lawyers will be on hand to assist by providing legal aid to the detainees.

The Bar Council is calling for an emergency Extraordinary General Meeting of the Malaysian Bar to be held at 10 a.m. on Saturday, 20 September 2008, at Wisma MCA to discuss this violation of the rule of law.