Friday, May 15, 2009

Arrest of 5 lawyers

Malaysiakini has reported on the strong condemnation of the actions of the Royal Malaysian Police in arresting Fadiah Nadwa Fikri, Syuhaini Safwan, Puspawati Rosman, Ravinder Singh and Murnie Hidayah Anuar by the Malaysian Bar at its Extraordinary General Meeting held at 3 p.m. this afternoon at the Dewan Sivik, Petaling Jaya.

bar council lawyers protest at jalan duta court detained 5 lawyer at brickfields police station 080509 03.
These 5 lawyers were arrested while they were attempting to provide legal assistance to certain Malaysians who were arrested earlier for having participated in a candle-light vigil outside the Brickfields Police Station in Kuala Lumpur.

The right to legal representation is one of the fundamental rights enshrined in the Federal Constitution of Malaysia.

Their arrest, their 24-hour detention and the humiliation they received while in Police custody was the result of over-zealous action.

The 5 lawyers were not part of the candle-light vigil.

They went to the Brickfields Police Station because they received calls for help by the Malaysians who were arrested.

They were there to provide legal representation. That's all.

The principle of the Rule of Law requires that any person arrested by any lawful authority have a constititional right to legal representation.

Grabbing the 5 lawyers or, any lawyer for that matter, who are merely attempting to provide legal advice to persons arrested is just plain wrong, wrong, wrong.


baharom leman said...

Pemimpin UMNO kena tengok sikit kes ini. Sikap polis-polis macam inilah yang menambahkan lagi buruk nama kerajaan.

Pihak polis seharusnya tahu membezakan antara orang yang melakukan perhimpunan haram dengan orang yang mahu berurusan dengan pihak polis.

de minimis said...

From Patricia:
You very correctly point out that it is a fundamental right - and that, dear CT, is why this is worrying news.

flyer168 said...

De minimis,

Well said Bro.

UMNO/BN, its “Haprak” Leaders & their Mecenary Warlords are “Bankrupt” of any “Intelligent Constitutional & Political Solutions” for this great nation Malaysia.

Through “Devine” intervention, UMNO/BN, its Ketuanan Leaders & their their Mecenary Warlords are now “Outdoing & Destroying” each other with their “Power, Greed & Henious Crimes” through "Gutter Politics" & their "Law of the Jungle"…ala “Kindergarten Jaguh Kampong” style.

Remember “What goes round, will come round to these Desperate UMNO/BN Ketuanan Beggars” - Past, Present & Future.

Divine Intervention Works Wonders to accelerate their “Self Destruct Implosion.”

The “Opressors” will “FAIL” & God Almighty will ensure “Justice” will be done.

This may happen sooner rather than later....

Every day will be another “Devine Revelation” in UMNO/BN’s Self Destruct Evil Plot.

Do keep up your “Prayers” to God Almighty in your own way for “Sanity, Human Rights, Justice, Freedom, Equality & Peace to “Prevail” over “EVIL”


walla said...

Your concern resonates, saudara CT.

Do you think the issue is part of something bigger founded on our blue force not having a clear enough handle on what is expected of them by the rakyat in the areas of:

- separation of powers;

- upholding civil liberties;

- aggregated legal basis for actions taken;

- limits of procedural execution of power vested;

- coordination between agencies involved both in the areas of action and explanation;

- understanding the rakyat and their concerns in tandem with executive orders given over and above procedural allowances;

- sensitized communication of actions taken;

- absence of third party authority to deflect or arbitrate against political suasion or interference;

- clear understanding of the roles in society and defense of the constitution by other stakeholders such as lawyers and NGOs for the continued well-being and progress of the democratic principles of this country;

- laws, regulations and protocols not keeping up with the times at both federal and state levels, and

- self-identity and confidence crisis in the force in the context of today's complex sociopolitical situation?

The unspoken difficulties faced by our blue force should be ironed out as soon as possible because those difficulties can also be transposed to apply with equal magnitude on the other direct interfaces with our society - the mainstream media and the judiciary.

Both have also been found wanting and for a long time. I am sure there are professionals within their domains who can identify with these concerns but are unable to move forward to make sufficient redress because there hasn't been a clear and present platform for them to do so without fear or favour.

Some posts back i had mentioned the notion of 'institutionalization of ideals'. That are two coins to that. One, politicization has become so intense and institutionalized the terms 'national interest', 'national unity' and 'public security' have been loosely used to buffer political expediency. This has drawn a natural reaction on the other side, namely the championing by the rakyat of their sense of justice, fairness, transparency and civil liberties has also become more and more mainstream as people get to see for themselves the things which had been held back from them which have invariably ended up costing this nation millions while degrading their livelihood and future of their charges, let alone deflecting justice from being meted on abusers of power and white collar criminals within certain ranks.

If we do not exercise candor and earnestness today to face up to these lacunas in both principles of stewardship and governance, then there will be a big and inevitable collision in the near future when the rakyat will seethe enough to demand final settlement.

I look forward to your professional insights, comments and observations on these matters.

Navi said...

The police has been very high handed recently, arresting people for no valid reasons. This intimidation by the police will further distance the people from the rule of law.

I am glad that the Bar Council has decided to sue them.

chapchai said...

The boys in blue have obviously been given the nod to do what they will with demonstrators, even peaceful ones, and in their ignorance this also includes lawyers acting for nabbed demonstrators. Any sign of the IGP apologising to the Bar Council? Any sign of disciplinary action taken against the head of the police unit who arrested these lawyers? Here again is an example of the oft cited Malaysian cultural characteristics : we do not demonstrate and we should have unquestioned respect for hierarchy!