Thursday, July 23, 2009
DEATH AND QUESTIONS
I’ve been wanting to write about Teoh Beng Hock’s mysterious death for ages but only today I have the strength to do it. It’s too heart wrenching to witness how the whole episode unfolds. I read the detailed report about Teoh’s death the moment I got back from Court on 17 July 2009. 17 July was my birthday. It was a really depressing day for me that I couldn’t stop thinking about it in every passing moment.
There are too many questions that linger around his death. The questions are left unanswered. Some people make cruel comments on Teoh’s death in response to public pressure calling for investigation.
In the midst of the raging tension, some people tend to forget that a life is lost. Some tend to forget that a mother is crying her heart out over her son’s death. Some tend to forget how many sleepless nights his family has to go through thinking about the unanswered questions. Some choose to ignore the issue. Some remain adamant in pursuit of truth.
God bless those who hold steadfast to their conviction in finding the truth. Only the truth will save us. Only when justice is upheld, we can proudly say out loud that we are dignified human beings.
Some ask does justice have a place in this beloved country of theirs? I understand the frustration and anger. It’s hard, that is one thing for sure. Bad things that happened are no longer a secret. Look at Kugan’s death. Look at Lingam’s case. Look at the cold blooded massacre in Memali. Look at the Federal Court’s decision on the barbaric act and torture inflicted on former ISA detainees. Look at this report. Look all around us. Nobody is held accountable. What have we become? Where is accountability? Where is due process? Who is going to put a stop to all these atrocious things?
There is only one thing for sure about all these things. We are all going to be held responsible for the things that happened right under our nose. Our inaction will hold us responsible and it will speak for itself. Don’t wait until it’s too late. Someone’s life might be lost again, while our conscience is wasting away.
I’ve been wanting to write about Teoh Beng Hock’s mysterious death for ages but only today I have the strength to do it. It’s too heart wrenching to witness how the whole episode unfolds. I read the detailed report about Teoh’s death the moment I got back from Court on 17 July 2009. 17 July was my birthday. It was a really depressing day for me that I couldn’t stop thinking about it in every passing moment.
There are too many questions that linger around his death. The questions are left unanswered. Some people make cruel comments on Teoh’s death in response to public pressure calling for investigation.
In the midst of the raging tension, some people tend to forget that a life is lost. Some tend to forget that a mother is crying her heart out over her son’s death. Some tend to forget how many sleepless nights his family has to go through thinking about the unanswered questions. Some choose to ignore the issue. Some remain adamant in pursuit of truth.
God bless those who hold steadfast to their conviction in finding the truth. Only the truth will save us. Only when justice is upheld, we can proudly say out loud that we are dignified human beings.
Some ask does justice have a place in this beloved country of theirs? I understand the frustration and anger. It’s hard, that is one thing for sure. Bad things that happened are no longer a secret. Look at Kugan’s death. Look at Lingam’s case. Look at the cold blooded massacre in Memali. Look at the Federal Court’s decision on the barbaric act and torture inflicted on former ISA detainees. Look at this report. Look all around us. Nobody is held accountable. What have we become? Where is accountability? Where is due process? Who is going to put a stop to all these atrocious things?
There is only one thing for sure about all these things. We are all going to be held responsible for the things that happened right under our nose. Our inaction will hold us responsible and it will speak for itself. Don’t wait until it’s too late. Someone’s life might be lost again, while our conscience is wasting away.
Tuesday, July 14, 2009
Is it "fancy" to read law?
I've been down with fever for almost a week now. The doctor said there's nothing to be worried about.
I got two matters in court today. My opponent and I keyed in our attendance at 845am. We were kept waiting for hours and at some point I couldn't stand it any longer. The fact that I was still feeling unwell really aggravated the situation. As I was sitting next to my opponent, I noticed that both of us were exchanging expressions, we asked the same questions to each other and then we gave the same answers. "when is our case gonna be called?" "I don't know..""how long do we have to wait?""i don't know?". Part and parcel of being a litigation lawyer. Every one has to wait. All you gotta have is patience.
Right after we finished our matter, I headed straight to legal aid room on level 5 to have some words with some students who came to pay LAC a visit. They are on their semester break and now they are attached to zaid ibrahim & co. part of the attachment program is to visit LAC and to get to know how it works. While waiting for Edmund to come and share his experience with the students, i was asked to start first. I shared a little bit of my experience with the students. how do i get involved in legal aid, what legal aid is all about and what legal profession is all about.
Right after that, the floor was passed to Edmund. He asked them one simple question : why do they read law. This is the most interesting part of the whole session. Most of them answered the question by saying that they are interested in law. It sounds good. Or rather cool. There was only one person who answered, “I read law because I want to help those who are oppressed”. Edmund continued the session by focusing on the reality or the real work done by lawyers in Malaysia. From human rights cases, public interest cases, taking up legal aid files. A real dose of what this profession is all about.
Before we said goodbye, we took a group photo. Right before I left, the students came to me and asked "can we do attachment at LAC?". (Remember the interesting part of this whole thing? this is it).I told them "yes, of course, we would love to have you with us". They took down LAC contact number and what impressed me was the look on their faces. Revelation kinda thing!
See, in the beginning, reading law was rather a 'fancy' thing for some people, but when they know about the reality and how they can contribute to the society and affect changes, the passion speaks for itself.
Monday, June 22, 2009
Malaysian Bar Arrest - UIA (Union Internationale des Avocats) letter
Monday, 22 June 2009 07:57am
Dear Mr Prime Minister,
The UIA (Union Internationale des Avocats) is profoundly concerned about the Malaysian government's recent arrest and temporary detention of five lawyers as they were waiting to represent their clients in custody at a local police station. The five lawyers, members of the Bar Council Legal Aid Centre, were arrested on the night of May 7, 2009, at the Brickfields Police Station in Kuala Lumpur, as they were seeking access to their clients who had been arrested earlier in the evening during a candlelight vigil. The lawyers were not released until late in the afternoon of May 8, despite the protestations of other bar members.
The arrest and detention of lawyers seeking to perform their duties of legal representation is a blatant violation of the rule of law. It both profoundly infringes upon the rights of lawyers to practice their profession freely and independently, and transgresses their clients' right to counsel. The conduct can only have a significant chilling effect on the rest of the bar and on others in society who might consider seeking counsel for their legal needs. It is inconsistent with a free and democratic government, and constitutes a gross violation of international norms of human rights.
The UIA recalls the Basic Principles on the role of Lawyers adopted in September 19901 by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders which stipulates :
“Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics (Rule 16).
They further state that where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities (Rule 17).
Adopted unanimously be the States represented at the Eighth Congress – among which Malaysia- the UIA considers that the said Principles have a normative value, on account of international customary law.
The United Nations General Assembly underscored the importance of these Principles in a resolution dated December 18, 1990 (A/RES/45/166) and invited governments to respect them and take them into consideration within the framework of their national legislation and practices.
The UIA, the world's oldest international law organization, with more than 300 Bars and Law Societies representing nearly two million lawyers, together with thousands of individual members from all over the world, counts protection of lawyers and their right to practice freely and independently as one of its core values, a basic human right and a cornerstone of the rule of law. It expresses its full solidarity with the Malaysian bar in protesting the illegal arrest and detention of the five lawyers, and calls for the following actions to be taken immediately:
1) any and all legal action against the lawyers should be dismissed;
2) an independent and thorough investigation should be undertaken into the conduct of the police officers and any other government officials involved in the arrest;
3) based on the results of that investigation, any officer or other official found to have acted improperly
should be appropriately disciplined;
4) concrete and transparent steps should be taken to avoid similar conduct in the future; and
5) the Malaysian government should reaffirm its commitment to the rule of law, the right of lawyers to practice their profession freely and independently, and the right to counsel of all Malaysian citizens.
Yours sincerely,
Stéphane BONIFASSI
Monday, 22 June 2009 07:57am
Dear Mr Prime Minister,
The UIA (Union Internationale des Avocats) is profoundly concerned about the Malaysian government's recent arrest and temporary detention of five lawyers as they were waiting to represent their clients in custody at a local police station. The five lawyers, members of the Bar Council Legal Aid Centre, were arrested on the night of May 7, 2009, at the Brickfields Police Station in Kuala Lumpur, as they were seeking access to their clients who had been arrested earlier in the evening during a candlelight vigil. The lawyers were not released until late in the afternoon of May 8, despite the protestations of other bar members.
The arrest and detention of lawyers seeking to perform their duties of legal representation is a blatant violation of the rule of law. It both profoundly infringes upon the rights of lawyers to practice their profession freely and independently, and transgresses their clients' right to counsel. The conduct can only have a significant chilling effect on the rest of the bar and on others in society who might consider seeking counsel for their legal needs. It is inconsistent with a free and democratic government, and constitutes a gross violation of international norms of human rights.
The UIA recalls the Basic Principles on the role of Lawyers adopted in September 19901 by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders which stipulates :
“Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics (Rule 16).
They further state that where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities (Rule 17).
Adopted unanimously be the States represented at the Eighth Congress – among which Malaysia- the UIA considers that the said Principles have a normative value, on account of international customary law.
The United Nations General Assembly underscored the importance of these Principles in a resolution dated December 18, 1990 (A/RES/45/166) and invited governments to respect them and take them into consideration within the framework of their national legislation and practices.
The UIA, the world's oldest international law organization, with more than 300 Bars and Law Societies representing nearly two million lawyers, together with thousands of individual members from all over the world, counts protection of lawyers and their right to practice freely and independently as one of its core values, a basic human right and a cornerstone of the rule of law. It expresses its full solidarity with the Malaysian bar in protesting the illegal arrest and detention of the five lawyers, and calls for the following actions to be taken immediately:
1) any and all legal action against the lawyers should be dismissed;
2) an independent and thorough investigation should be undertaken into the conduct of the police officers and any other government officials involved in the arrest;
3) based on the results of that investigation, any officer or other official found to have acted improperly
should be appropriately disciplined;
4) concrete and transparent steps should be taken to avoid similar conduct in the future; and
5) the Malaysian government should reaffirm its commitment to the rule of law, the right of lawyers to practice their profession freely and independently, and the right to counsel of all Malaysian citizens.
Yours sincerely,
Stéphane BONIFASSI
Friday, June 19, 2009
Aung San Suu Kyi’s Birthday Celebration: To commemorate the struggle for democracy
Daw Aung San Suu Kyi was awarded the Nobel Peace Prize in 1991. The decision of the Nobel Committee mentions:[89]
“ The Norwegian Nobel Committee has decided to award the Nobel Peace Prize for 1991 to Aung San Suu Kyi of Myanmar (Burma) for her non-violent struggle for democracy and human rights.
...Suu Kyi's struggle is one of the most extraordinary examples of civil courage in Asia in recent decades. She has become an important symbol in the struggle against oppression...
...In awarding the Nobel Peace Prize for 1991 to Aung San Suu Kyi, the Norwegian Nobel Committee wishes to honour this woman for her unflagging efforts and to show its support for the many people throughout the world who are striving to attain democracy, human rights and ethnic conciliation by peaceful means. ”
— Oslo, 14 October 1991
Last night, at about 1130pm all of us (Puspa, Farhana, Kak Lat, Sasha and I) had a meeting at Devi’s to finalize tonight’s event : Aung San Suu Kyi’s 64th Birthday Celebration at Taman Jaya Lake, across Amcorp Mall at 8pm.
Some might ask, why are we celebrating Aung San Suu Kyi’s birthday?
Today, 19 June 2009 marks the birthday of Aung San Suu Kyi, or known as Daw Suu, a renowned political activist, fighting for democracy for Burma. Daw Suu was born in 1945 in Rangoon. Her father, Aung San founded the modern Burmese army and negotiated Burma’s independence from the United Kingdom in 1947.
In 1988, Daw Suu returned to Burma to take care of her ailing mother and by coincidence the long-time leader of the ruling party, General Ne Win, stepped down, resulting in mass demonstration for democracy. Daw Suu, addressed half a million people at a amass rally in front of Shwedagon Pagoda in the capital, calling for a democratic government. However, the military junta took over and later the same month, the National League for Democracy (NLD) was formed, with Daw Suu as general secretary.
In 1990, the military junta called for a general election and NLD won a landslide victory. However, the victory was annulled by the military junta as they refused to hand over power to the legitimate elected government, the NLD. Daw Suu, who were supposed to assume the office of the Prime Minister was placed under house arrest at her home in Rangoon. On May 3, 2009, an American man, identified as John William Yettaw, swam across Inya Lake to her house uninvited and was arrested when he made his return trip three days later.[50]
He had attempted to make a similar trip two years earlier, but for unknown reasons was turned away.[19] It is unknown what his motives were. On May 13, Suu Kyi was arrested for violating the terms of her house arrest because the swimmer, who pleaded exhaustion, was allowed to stay in her house for two days before he attempted the swim back. Suu Kyi was later taken to Insein Prison, where she could face up to five years confinement for the intrusion
[source : wikipedia]
.........................................
Daw Suu’s struggle for democracy manifests the highest determination for the establishment of a just government, of the people, by the people, for the people. She is the closest living legend in the Asian region that one can look up to in the cause of fighting for democracy, justice and freedom. As a matter of convenience Daw Suu could easily opt for her own interest over the interest of the people she is fighting for, but that was not the case as she turned down the offer made by the military junta asking her to leave the country in exchange of her own freedom.
She could have just accepted the offer and lived a normal life somewhere on the face of the earth, but clearly her priority has always been to stand by her principles and accede to her conscience. Living in the world that gloats over modernity and resorts to "my hands are tied" defence to barbarous and draconian acts which are best visualized back in the dark ages, and living a life when somewhere along the line hope is often lost, this kind of true story indeed is inspiring.
I would like to share a quote from her famous speech “Freedom from Fear” for us to ponder upon :-
“It is not power that corrupts but fear. Fear of losing power corrupts those who wield it and fear of the scourge of power corrupts those who are subject to it”.
God forbid, little that we know that our fear to speak the truth and our fear to admit to what is right and what is wrong can hold us answerable before Him. Our inaction indeed is a crime by itself.
Thursday, June 18, 2009
Of here and there.
I don't really know why lately I don’t have the drive to write on my blog. I guess I'm too preoccupied with so many things that have been happening around me. But life has been treating me well and I’m grateful for that. Last week was a week full of activities.
I still remember having the KLLAC management panel meeting, Stef informed every one that the Kuala Langat Local Council sent an invitation to KL Legal Aid Centre to send a speaker to talk about gansterisme and law at Dewan Orang Ramai Kampung Jenjaroom in Kuala Langat. One of the requirements was the speaker must be able to speak Mandarin as majority of the people are Chinese. My instant reaction was to look at Valen who was sitting across the room. It was a little bit funny that suddenly all eyes were drawn towards her, hoping that she would agree to be the speaker. After constant persuasion, she agreed on one condition, those who were involved in getting her to agree to be the speaker must tag along on Saturday night.
Sasha, Valen, Farhana, Farida and I began our journey to Kampung Jenjaroom at 6. We arrived at around 730pm. As were on our way to the nearest mosque, we spotted one durian stall by the road and decided to drop by afterwards. The durians were awesome, every one kept eating them like there was no tomorrow. The durian seller just laughed at our antics.
The talk began at 830pm and while waiting for the guests to arrive, we managed to distribute a few leaflets on legal aid, employment law, accidents and Malaysian legal system to the public. At about 9.00pm Valen started to deliver her talk. Even though she spoke in Mandarin and I could barely understand the content of her talk, I would have to say that she delivered her talk very well. Before we left, we managed to talk to a few local councilors who were present and they mentioned that they would love to have us to join the programs that they have arranged for the public.
At 1030pm, we left for Bagan Lalang to enjoy the seafood every one was craving since forever. The journey took almost 2 hours, ya, thanks to Sasha for driving negative 40km/hour!:P we ate and ate and ate. We all got home happily at 330am.
On Wednesday morning, a bunch of the first year students from Taylor’s College visited Legal Aid Room at Jalan Duta Court. After I finished my trial, I managed to spend some time with them. They were all eager to know about human rights and activism. I shared my experience with them and I was so happy to see the enthusiasm in each and every one of them to contribute something to the society. Murnie and Ravin came later and shared their experiences too. I find it refreshing to see these young people who are so concerned about the country and the people they barely know. I believe that one day, these young people would be in the frontline, doing the right thing in the name of principles and conscience. God willing.
In relation to our arrests last month, it was quite a relief to note that SUHAKAM will conduct a public inquiry on our arbitrary arrest in the course of discharging our duties to our clients after the Bar Council submitted a memorandum calling for a public inquiry. The Star, on 16 June 2009 reported Suhakam’s reaction on recent complaints lodged by the public on police highhandedness and blatant transgression on the right to counsel as enshrined by the Federal Constitution.
Seriously speaking, the police force, like it or not must respect this right. I believe every sane, reasonable and mentally unchallenged human beings can easily understand the provisions on fundamental liberties guaranteed by the Constitution, there’s no need to waste the tax payers money to employ some special officers to be on stand by at every police station to read out the provisions of the CPC and teach the Police what to do and what not to do.
All they need is a proper training on how to fight crimes and respect human rights at the same time which i believe all of them are well aware of as you can't just pick up any joe or any hassan, abu, or ah seng on the street and offer them a position where they have to uphold law and order right?.Read this and see for yourself what is hapenning at this very moment. Enough said on this we shall see what will happen next.
Last night, I had a meeting with GMI. Nalini and Kak Laila bought lotsa chocolates from Geneva and all of us just couldn’t stop eating them while having the meeting. Nalini reported to the committee members on what transpired at the United Nation Universal Periodic Report (UPR). GMI was given a slot at the UPR session to present on the current situation in relation to ISA detention. Kak Laila presented the report and supported by reports from the IHRC (Islamic Human Rights Commission). It was alarming to note that the delegation was shocked to learn that Malaysia still implements laws that licence detention without trial. Well, well well, a little reality check is timely I would say.
I don't really know why lately I don’t have the drive to write on my blog. I guess I'm too preoccupied with so many things that have been happening around me. But life has been treating me well and I’m grateful for that. Last week was a week full of activities.
I still remember having the KLLAC management panel meeting, Stef informed every one that the Kuala Langat Local Council sent an invitation to KL Legal Aid Centre to send a speaker to talk about gansterisme and law at Dewan Orang Ramai Kampung Jenjaroom in Kuala Langat. One of the requirements was the speaker must be able to speak Mandarin as majority of the people are Chinese. My instant reaction was to look at Valen who was sitting across the room. It was a little bit funny that suddenly all eyes were drawn towards her, hoping that she would agree to be the speaker. After constant persuasion, she agreed on one condition, those who were involved in getting her to agree to be the speaker must tag along on Saturday night.
Sasha, Valen, Farhana, Farida and I began our journey to Kampung Jenjaroom at 6. We arrived at around 730pm. As were on our way to the nearest mosque, we spotted one durian stall by the road and decided to drop by afterwards. The durians were awesome, every one kept eating them like there was no tomorrow. The durian seller just laughed at our antics.
The talk began at 830pm and while waiting for the guests to arrive, we managed to distribute a few leaflets on legal aid, employment law, accidents and Malaysian legal system to the public. At about 9.00pm Valen started to deliver her talk. Even though she spoke in Mandarin and I could barely understand the content of her talk, I would have to say that she delivered her talk very well. Before we left, we managed to talk to a few local councilors who were present and they mentioned that they would love to have us to join the programs that they have arranged for the public.
At 1030pm, we left for Bagan Lalang to enjoy the seafood every one was craving since forever. The journey took almost 2 hours, ya, thanks to Sasha for driving negative 40km/hour!:P we ate and ate and ate. We all got home happily at 330am.
On Wednesday morning, a bunch of the first year students from Taylor’s College visited Legal Aid Room at Jalan Duta Court. After I finished my trial, I managed to spend some time with them. They were all eager to know about human rights and activism. I shared my experience with them and I was so happy to see the enthusiasm in each and every one of them to contribute something to the society. Murnie and Ravin came later and shared their experiences too. I find it refreshing to see these young people who are so concerned about the country and the people they barely know. I believe that one day, these young people would be in the frontline, doing the right thing in the name of principles and conscience. God willing.
In relation to our arrests last month, it was quite a relief to note that SUHAKAM will conduct a public inquiry on our arbitrary arrest in the course of discharging our duties to our clients after the Bar Council submitted a memorandum calling for a public inquiry. The Star, on 16 June 2009 reported Suhakam’s reaction on recent complaints lodged by the public on police highhandedness and blatant transgression on the right to counsel as enshrined by the Federal Constitution.
Seriously speaking, the police force, like it or not must respect this right. I believe every sane, reasonable and mentally unchallenged human beings can easily understand the provisions on fundamental liberties guaranteed by the Constitution, there’s no need to waste the tax payers money to employ some special officers to be on stand by at every police station to read out the provisions of the CPC and teach the Police what to do and what not to do.
All they need is a proper training on how to fight crimes and respect human rights at the same time which i believe all of them are well aware of as you can't just pick up any joe or any hassan, abu, or ah seng on the street and offer them a position where they have to uphold law and order right?.Read this and see for yourself what is hapenning at this very moment. Enough said on this we shall see what will happen next.
Last night, I had a meeting with GMI. Nalini and Kak Laila bought lotsa chocolates from Geneva and all of us just couldn’t stop eating them while having the meeting. Nalini reported to the committee members on what transpired at the United Nation Universal Periodic Report (UPR). GMI was given a slot at the UPR session to present on the current situation in relation to ISA detention. Kak Laila presented the report and supported by reports from the IHRC (Islamic Human Rights Commission). It was alarming to note that the delegation was shocked to learn that Malaysia still implements laws that licence detention without trial. Well, well well, a little reality check is timely I would say.
Friday, May 29, 2009
Kuala Lumpur Legal Aid Centre: Calling all volunteer lawyers to take up Legal Aid Files
Contributed by Fadiah Nadwa Binti Fikri
Section 42 (1) (h) of the Legal Profession Act 1976 spells out the object and power of the Malaysian Bar to make provision for or to assist in the promotion of a scheme whereby impecunious persons may be represented by advocates and solicitors.
This particular section has crystallized an institution notoriously known as the Bar Council Legal Aid Centre which is self-funded by the sole contribution of members of the Bar. The Legal Aid Centre is run by the spirit of voluntarism of its lawyers.
Last year the Kuala Lumpur Legal Aid Centre (KLLAC) in particular disposed off 16,000 cases under its various programs. This achievement would not have materialized if it was not for the strong and undying commitment of the volunteer lawyers who were ever ready to assist the centre in taking up files in the course of promoting the right to legal representation as a fundamental human right guaranteed by the Federal Constitution.
Given the increasing number of cases being referred to the KLLAC each year, the KLLAC urges dedicated members of the Bar to sign up as volunteers by taking up cases circulated on the unassigned list on the KL Bar Website every month.
The ongoing efforts and commitment in promoting legal aid have to be continuously supported by the members of the Malaysian Bar in the promotion of legal aid as a universally recognized fundamental right of every individual as enshrined in Article 8 of the Federal Constitution, Article 7 of the Universal Declaration of Human Rights (UDHR), Article 14 (3) (d) of the International Covenant of Civil and Political Rights (ICCPR).
This is in parallel with the resolution passed by the Malaysian Bar at the 49th AGM of the Malaysian Bar on 18th March 1995 (Motion 1) which states that “It is hereby resolved that every member of the Malaysian Bar shall take up at least one legal aid case or matter per year as and when required.”
To all dedicated lawyers, do call up the legal aid centre now and register your names on the volunteer lists. Together we strive for the promotion of legal aid by discharging our duties as agents of social justice and nation building.
Contributed by Fadiah Nadwa Binti Fikri
Section 42 (1) (h) of the Legal Profession Act 1976 spells out the object and power of the Malaysian Bar to make provision for or to assist in the promotion of a scheme whereby impecunious persons may be represented by advocates and solicitors.
This particular section has crystallized an institution notoriously known as the Bar Council Legal Aid Centre which is self-funded by the sole contribution of members of the Bar. The Legal Aid Centre is run by the spirit of voluntarism of its lawyers.
Last year the Kuala Lumpur Legal Aid Centre (KLLAC) in particular disposed off 16,000 cases under its various programs. This achievement would not have materialized if it was not for the strong and undying commitment of the volunteer lawyers who were ever ready to assist the centre in taking up files in the course of promoting the right to legal representation as a fundamental human right guaranteed by the Federal Constitution.
Given the increasing number of cases being referred to the KLLAC each year, the KLLAC urges dedicated members of the Bar to sign up as volunteers by taking up cases circulated on the unassigned list on the KL Bar Website every month.
The ongoing efforts and commitment in promoting legal aid have to be continuously supported by the members of the Malaysian Bar in the promotion of legal aid as a universally recognized fundamental right of every individual as enshrined in Article 8 of the Federal Constitution, Article 7 of the Universal Declaration of Human Rights (UDHR), Article 14 (3) (d) of the International Covenant of Civil and Political Rights (ICCPR).
This is in parallel with the resolution passed by the Malaysian Bar at the 49th AGM of the Malaysian Bar on 18th March 1995 (Motion 1) which states that “It is hereby resolved that every member of the Malaysian Bar shall take up at least one legal aid case or matter per year as and when required.”
To all dedicated lawyers, do call up the legal aid centre now and register your names on the volunteer lists. Together we strive for the promotion of legal aid by discharging our duties as agents of social justice and nation building.
Wednesday, May 20, 2009
Remember May 21st : ISA : OPERATION SPECTRUM
Hi,
A group of Singaporean activists are campaigning against their government's ISA and are having a demo in Singapore on Thursday. It would be great if we can show solidarity through writing about it, spreading the word, etc.
Kris
Begin forwarded message:
>
> Here is the text for our coming demonstration against Operation Spectrum and the ISA. We hope that you could help us get this featured on GMI, Suaram and other relevant Malaysian organisations that are campaigning against the ISA in Malaysia. It would be good because we could highlight that the governments of both countries still retain this repressive law for their own political and social control, and that is protested against by Singaporeans and Malaysians alike.
>
> Please use the attached image as well.
>
> Remember May 21st
>
> On May 21st 1987, 22 young social workers, lawyers, businessmen, theatre practitioners and other professionals were detained without trial under the internal security law and accused of "being members of a dangerous Marxist conspiracy bent on subverting the PAP ruled government by force, and replacing it with a Marxist state." A second wave of arrests took place on June 20th the same year.
>
> The detainees were forced to make false confessions by the way of mental and physical torture. They were subjected to harsh and intensive interrogations, deprived of sleep and rest, some for as long as 70 hours in freezing cold rooms. All of them were stripped of their personal clothings, including spectacles, footwear and underwear and were made to change into prisoners' uniforms.
>
> Most of them were made to stand during interrogation for over 20 hours and under full blasts of air conditioning turned to the lowest temperature. Under those conditions, one of them was repeatedly doused with cold water. Most were hit in the face while others were assaulted on other parts of the body. Threats of indefinite detention without trial were also made to them should they continue to deny the intentions that they have been accused to harbour.
>
> They were then compelled to appear on TV with their confessions and were told that their release would be dependent on their performance on TV.
>
> On 21st May 2009, which marks the 22nd anniversary of 'Operation Spectrum', a group of concerned Singaporeans will be demonstrating against the treatment of the detainees who were detained without trial under the ISA. You are invited to come to Speakers Corner and remember this day with us.
>
> 6.30pm, 21st May 2009
> Speakers Corner, Hong Lim Park
>
> For more info: http://en.wikipedia.org/wiki/Operation_Spectrum
Monday, May 11, 2009
A MOCKERY AND A BLESSING IN DISGUISE!
Following the arrests made on previous night on participants at the peaceful candlelight vigil in solidarity with Bersih activist Wong Chin Huat, my friends and I were informed to be on standby for possible new arrests on the night of 7 May 2009.
I headed home after work and decided to go to the gym early that night at around 8pm, while being on standby to head straight to the police station in case arrests were indeed made. I kept looking at my handphone for any updates. It was 930pm and I decided to leave the gym. Five minutes after that, I got a message from Puspawati Binti Rosman saying that 14 people had been arrested by the Police. I forwarded the message to Murnie Hidayah Binti Anuar, asking her to come to the police station to render legal assistance to those who had been arrested.
Puspa was the first to arrive at the police station and at around 10pm, all of us gathered in front of the police station. We informed the police that we were the lawyers for those who have been arrested. We demanded the police to give legal access to our clients. The officer-in-charge told us that the investigating officer (IO), DSP Jude Pereira, was in a meeting at that point in time. We tried to stay in touch with our clients in order to obtain recent updates on their condition, and we gave them legal advice over the phone. Our clients informed us that the police had asked them to sign the certificates under section 28A(8) of the Criminal Procedure Code (CPC), i.e. the waiver to the right to legal representation. We advised them not to sign the certificates.
After waiting for nearly an hour, we were informed that the IO’s meeting had just finished. We demanded to see the IO but to no avail. I called the IO’s number and when he answered, I demanded that he give us access to our clients since we had been waiting outside the gate for nearly an hour.
He said that he had invoked section 28A(8) of the CPC and that our clients had signed the certificates. I got so upset that I repeatedly told him that our clients had not signed the certificates. At that very moment, every one who was there could hear, loud and clear, the cries of our clients demanding their constitutional right to see their lawyers, as they shouted, “WE WANT LAWYERS!”
I told the I.O to come near the gate where we were standing as we needed to talk to him to clarify the situation. He came towards us and he repeatedly said that our clients had signed the certificates and he asked us to leave. When I asked him to specify the grounds for invoking section 28A(8) of the CPC, he said, “That’s the ground!”. And I responded, “What IS the ground? Can you please specify the ground??” He kept quiet as he was unable to answer that simple question. Dissatisfied with his response, we demanded to see the certificates ourselves. He just walked off, leaving us without any explanation.
A few minutes later, OCPD Wan Abdul Bahari approached the gate and ordered everyone to disperse in three minutes as what was happening outside the gate was allegedly an illegal assembly. I could see the press and those who were there leaving the place. Ravinder Singh Dhalliwal, Puspa, Murnie, Syuhaini Binti Safwan and I did not step back as we were fully aware of the fact that we were still on duty.
The OCPD counted to three, the gate was opened, and all we could see was the police officers coming towards us. We were all arrested. We were brought to the police station car park and asked to stay there. I got a call from Amer Hamzah Arshad asking me to tell the police that our lawyers wanted to see the IO. I called one police officer and told him that our lawyers needed to see the IO. Much to my surprise, he had the nerve to tell us that we were not under arrest. We asked him, “If we are not under arrest, that means we can walk out now right?” He just looked at us. What a mockery!
Each of us started to call our families and lawyers. While waiting for the IO to get back to us, we just couldn’t help but laugh over the arrests. Don’t get us wrong, it’s not that we enjoyed being arrested, but it was just that the whole situation did not make any sense at all and the best thing that we could do was laugh over the ludicrousness of the institution called “Polis Di Raja Malaysia”, an institution that is supposed to uphold law and order in this country of ours.
“Violated” is the best description as to our feelings in relation to the whole scenario when law, fairness and justice were replaced with highhandedness, arbitrariness and gross violation by an institution that is entrusted to do the contrary. I could still remember, one month ago during a planning meeting on urgent arrest training at the Legal Aid Centre, one question that was raised was the possibility of lawyers being arrested whilst discharging their statutory duties. After what happened last Thursday night, the answer is yes, in line with the infamous tagline “MALAYSIA BOLEH” – anything is possible, including the deliberate breach of constitutional law, the highest law of the land.
We were kept in Brickfields Police Station until 4am. The waiting game was utterly exhausting and emotionally draining. The fact that we had the support from the conscientious members of the Malaysian Bar made us all stronger to face the situation. Knowing that the conscientious members of the Bar would always be there for us reaffirmed, and continues to reaffirm, our beliefs that the struggle must continue. The fact that all conscientious members of the Bar are behind us reaffirms that Rule of Law still has the chance to flourish.
We are lucky that we could see for ourselves, before our very own eyes, how degrading the conditions in the lock-up are. It struck me in the head that once you are being held in the lock-up, you lose your dignity as a human being. The unfair treatment given to us and our clients who first got arrested speaks for itself. They were yelled at and intimidated when statements were being taken down. Why the double standard? Can’t we all be treated as normal human beings? Does God treat lawyers and laymen differently? It’s a blessing indeed, to have experienced all this firsthand.
We don’t fight this battle just for us, it’s for humanity as a whole.
http://www.youtube.com/watch?v=FtZEJMTq1EE
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