Bar's EGM: Multitude of lawyers unanimously condemn arrest of lawyers
http://www.malaysianbar.org.my/bar_news/berita_badan_peguam/bars_egm_multitude_of_lawyers_unanimously_condemn_arrest_of_lawyers_friday_15_may_2009.html
Friday, 15 May 2009
Saturday, 16 May 2009 12:36am
Contributed by Chin Oy Sim, Executive Officer, Bar Council Secretariat, with photos by T.Shan
Saturday, 16 May 2009 12:36am
Contributed by Chin Oy Sim, Executive Officer, Bar Council Secretariat, with photos by T.Shan
A heartening multitude of 1,429 lawyers and 81 chambering students unanimously and unequivocally called for the resignation of the Minister for Home Affairs, the Inspector-General of Police and the OCPD of the Brickfields police station at the Malaysian Bar’s Extraordinary General Meeting (EGM) this afternoon.The EGM was called following the arrest of five Kuala Lumpur Legal Aid Centre (KL LAC) lawyers at Brickfields police station last Thursday evening. The five lawyers – Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan – were arrested when they tried to gain access to their clients who had themselves been arrested earlier that evening, for participating in a candlelight vigil in support of arrested political scientist Wong Chin Huat.
The quorum of 500 was reached even before 3 p.m., clear testament to the intensity of the legal community’s condemnation of the incident.
A Malaysiakini video that captured the vigil and the arrest of the lawyers was screened at the outset, thus setting the tone for the EGM. The lawyers booed loudly as they viewed the OCPD’s handling of the situation and the manner in which the lawyers were treated. A second Malaysiakini video showing the solidarity gathering at the Jalan Duta courts last Friday morning was also screened.
Each of the five lawyers took to the stage and gave a brief personal account of their ordeal and highlighted various aspects of their detention.
Several lawyers spoke from the floor and vigorously denounced the incident. Most of them called for the motion, which had been proposed by Ragunath Kesavan, the President of the Malaysian Bar, to be stronger in language. The EGM attendees listened in rapt attention and were generous with their applause and vocal expressions of support for the statements made and suggestions put forward.
No vote was needed as the motion, as amended, was carried unanimously.
The EGM was adjourned at 5.15 p.m.
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Motion
Whereas on the night of 7 May 2009, five members of the Kuala Lumpur Legal Aid Centre, Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan (collectively known as the “LAC Lawyers”), in their capacity as Advocates & Solicitors, had requested the police at the Brickfields Police Station for access to the detained persons who were arrested that same night whilst holding a candlelight vigil at the same Police Station over the recent arrest of political scientist Wong Chin Huat.
Whereas Article 5(3) of the Federal Constitution entrenches the fundamental right of a person to consult and be defended by the legal practitioner of his/her choice. Further, sub-sections 28A(2) to (7) of the Criminal Procedure Code (“CPC”) set out in detail the rights of arrested persons including their right to communicate and consult with a legal practitioner of their choice.
Whereas the Police denied the LAC Lawyers access to the detained persons, the Police, without any reasonable grounds, proceeded to arrest the LAC Lawyers and only released them on police bail the following day at around 3 p.m., notwithstanding the repeated requests by other lawyers for their immediate release.
NOW IT IS HEREBY RESOLVED THAT THE MALAYSIAN BAR:
1. Strongly condemns and denounces the wrongful arrest, detention and interrogation of the LAC Lawyers.
2. Strongly condemns and denounces the blatant transgression of the rule of law and the constitutional right of every person to counsel and access to justice.
3. Strongly condemns the unnecessary arrest and detention of those exercising their constitutional right to assemble peaceably.
4. Strongly condemns the arbitrary, improper and frequent resort by the Police to section 28A(8) of the Criminal Procedure Code, thus denying an arrested person access to counsel and making the right provided under section 28A(3) meaningless.
5. Strongly condemns and denounces the appalling treatment of the LAC lawyers and all those held in custody, including compelling them to wear lock up uniforms and unnecessarily handcuffing them.
6. Strongly condemns and denounces the Police for deliberately refusing to disclose to their family or their lawyers any information in relation to the LAC lawyers after their arrest, including their location and their next course of action.
7. Demands the resignation of the Minister for Home Affairs, the Inspector-General of Police, OCPD ACP Wan Abdul Bari bin Wan Abdul Khalid and DSP Jude Pereira of the Brickfields police station over this shameful incident.
8. Condemns the gross abuse of police powers and demands that the Government offer an unconditional apology to the LAC Lawyers.
9. Demands that the Government commit to and uphold the Rule of Law as enshrined in the Federal Constitution.
10. Reiterates its previous calls on the Government to establish the Independent Police Complaints and Misconduct Commission (IPCMC) in its original form to serve as an independent external oversight mechanism.
11. Demands that the Government uphold and defend the fundamental rights of advocates and solicitors to discharge their responsibilities to their clients in an environment free from threats and intimidation and unhindered by law enforcement agencies.
Proposed by: Ragunath Kesavan
Dated: 8 May 2009
The motion, as amended, was unanimously carried.
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