MALAYSIA
Amnesty International protests
On September 16, 2000
Karpal Singh
Prominent Malaysian defense Lawyer
on trial for sedition
As the trial of leading human rights lawyer Karpal Singh opens on
Tuesday 16 October 2001, Amnesty International reiterates its call for the
charges against him to be dropped.
"The prosecution of Karpal Singh has serious implications
for the independence of lawyers in Malaysia and their ability to
carry out their duties free of fear of intimidation" Amnesty
International said.
"The charges further undermine the already shaky public
confidence in the rule of law and the administration of justice"
the organization added.
Karpal Singh was charged under the Sedition Act in
January 2000 for comments he made in court while acting as the
lead defence counsel in the sodomy trial of former Deputy Prime
Minister and current prisoner of conscience, Anwar Ibrahim.
Although currently free on bail, Karpal Singh faces a
prison term of up to three years if convicted. A former prisoner
of conscience himself, he was imprisoned without trial under the
Internal Security Act (ISA) in 1987. He is also one of
Malaysia's leading advocates against the death penalty.
A number of international observers are due to attend the
trial.
Amnesty International has strongly criticized the use of
the Sedition Act, and other restrictive legislation, to stifle
fundamental rights of freedom of expression, association and
assembly in Malaysia. In recent years the Sedition Act has been
used to prosecute a number of government critics.
The Lawyers Committee for Human Rights condemned the arrest on January 12, 2000 of Karpal Singh, a prominent Malaysian human rights lawyer who has been representing former Deputy Prime Minister Anwar Ibrahim in a trial on sodomy charges. The arrest, on allegations of sedition, relate to remarks made by Karpal during court proceedings against Anwar. "Malaysia has again resorted to strong-arm tactics to silence its critics, rather than playing by the rules of international law," said Robert O. Varenik, Director of the Lawyers Committee’s Protection Program. Karpal’s arrest was based on comments he made in court suggesting that his client may have been poisoned while detained in prison. This is not the first time Malaysia has attempted to punish a lawyer for critical comments in a legal proceeding. Another Anwar lawyer, Zainur Zakaria, was charged with criminal contempt after filing papers—backed by evidence—alleging that prosecutors tried to fabricate evidence against Anwar. "This arrest is another in a series of attacks against lawyers willing to represent disfavored clients like Anwar," stated Varenik. "This type of action illustrates the government’s unwillingness to play by the rules of free speech and access to lawyers enshrined in international law." The arrest of Karpal follows that of other opposition party figures : Mohamed Ezam Mohamed Nor, a leader of the National Justice Party founded by Anwar Ibrahim's wife, Dr. Wan Azizah; Marina Yusoff, vice-president of the National Justice Party; Zulkifli Suong, editor of the Islamic party newpaper Harakah; and Chia Lim Thye, owner of the paper's printing company, all on charges of sedition. The coordinated nature of the arrests raises questions about the propriety of the charges. The Sedition Act of 1948, a colonial era law, is expansively written to criminalize any speech that might "bring into hatred or contempt or excite disaffection" against the government. Common international standards governing treatment of lawyers worldwide, the United Nations Basic Principles on the Role of Lawyers, provides that "Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court." For Lim Ki Siang, the National Chairman of Democratic Action Party (DAP) : "Karpal’s arrest violates international norms and principles such as Johannesburg Principles 1995 and United Nations Basic Principles on the Role of Lawyers 1990 ".
On January 19, 2000,
January 19, 2000
Dear Prime Minister Mahathir
We are writing to express our grave concern over the recent spate of arrests of prominent government critics in Malaysia. These arrests have further eroded the credibility of the Malaysian legal system.
Among those arrested in the past week were Karpal Singh, one of Malaysia's most prominent defense attorneys; Mohamed Ezam Mohamed Nor, a leader of the National Justice Party, founded by Anwar Ibrahim's wife Dr. Wan Azizah; Marina Yusoff, vice-president of the National Justice Party; Zulkifli Sulong, editor of the Islamic party newspaper Harakah; and Chia Lim Thye, owner of the newspaper's printing company. All five were arrested based on statements or allegations they made or printed in the run-up to nationwide elections last November. Four of the five arrested were charged with violating Malaysia's sedition law.
The sedition law, originally enacted by British colonial authorities, limits free expression by broadly criminalizing any speech which is judged to have a "seditious tendency," including speech which tends "to bring into hatred or contempt or to excite disaffection against" the government or which tends to promote "feelings of ill-will and hostility between different races." The vague language invites selective application. In 1998 the law was used to jail outspoken opposition parliamentarian Lim Guan Eng, to investigate Anwar, and to question Wan Azizah. It is ironic that your government, which has been so critical of the "neocolonial" behavior of other nations, should enforce a colonial-era law against its critics.
Deputy Prime Minister Badawi has publicly stated that the arrests stemmed from "investigations following police reports filed by several people" and has denied any intention to single out opposition leaders. He has claimed that the government is simply enforcing the law and thereby upholding freedom. The Deputy Prime Minister's statements, however, do not explain why, when numerous police reports were also filed against ruling party officials and their allies during this same post-election period, only opposition figures are being arrested.
The recent arrests are the latest in a series of legal cases against Malaysian citizens who openly express critical views. Prominent cases currently pending include that of women's rights activist Irene Fernandez and that of former deputy prime minister Anwar Ibrahim, both of whom are in the middle of protracted, expensive trials.
Selective prosecution of critics violates their basic rights as guaranteed by international law. We believe that the recent arrests, by further polarizing the political field, bode ill for long-term political stability in Malaysia. We call on you as chief executive to insure that the law in Malaysia is not used for politically motivated proceedings against activists, attorneys, journalists, and opposition leaders. Those who peacefully express critical views should not be subject to arrest.
Thank you for your consideration of these important matters. We look forward to your reply.
Very truly yours,
/s/
Joe Saunders
Deputy Director, Asia Division
Recommended Urgent Action
Please write politely worded letters to the Malaysian authority listed below expressing concern with Karpal’s arrest and calling for immediate release and urging to stop against Malaysian citizens expressing views critical of the government.
Please urge the Malaysian authorities to abide by Principle 13 of the UN Basic Principles on the Role of Lawyers so that Malaysian lawyers may be free to prepare the best defense possible for their clients.
Appeals to:
Datuk Seri Dr. Mahathir Mohamad
Prime Minister's Department
Jabatan Perdana Menteri
Jalan Dato Onn
50502 Kuala Lumpur, Malaysia
Dear Prime Minister Mahathir
YAB Tan Sri Mohtar bin Abdullah
Attorney General of Malaysia
Peguam Negara
Bangunan Bank Rakyat
Jalan Tangsi
Kuala Lumpur, MALAYSIA
Fax: +603-298-4929
Copies to:
Please send copies of your letters (not noted on the original) to Mary Beth Kaufman at the Lawyers Committee.
If you require additional information, please contact :
For LCHR : Ms. Kaufman at 212-845-5298.
For HRW : Joe Saunders (New York) 212-216-1207
Mike Jendrzejczyk (Washington) 202-612-4341
(Source : Lawyers Committee for Human Rights and HRW)