The inspector-general of police’s independence is in question following his “personal attacks” on lawyer Americk Sidhu and his client Charles Morais, said National Human Rights Society (Hakam) president Ambiga Sreenevasan.
IGP Khalid Abu Bakar called Charles a “ coward ” for leaving the country after revealing his explosive statutory declaration on his murdered public prosecutor brother Kevin Morais last week.
Charles, who has lived in the United States for more than three decades, alleged that Kevin was working on a case involving the prime minister and his wife, before he was found dead encased in a cemented oil drum in September.
“The personal attacks on Americk and his client by the IGP, apart from the lack of sensitivity, raises concerns about lack of independence on the part of the IGP in investigating this case.
“In the circumstances, it is imperative that the IGP step aside and allow for the investigations to be undertaken by an officer who will act without fear or favour,” she said in a statement.
Charles is being investigated for withholding information and attempting to commit sabotage, while police are due to quiz Americk on the matter today.
Charles claimed Kevin sent him a pen drive with important information related to the cases he was working on before he died, but Americk said he does not know what is in it .
'IGP must step aside'
Meanwhile, Ambiga said Khalid must step aside from the investigations to assure the public that an unbiased investigation would be carried out.
Commenting further on the comments made by the IGP against Americk, Ambiga said the “defamatory remarks” made against the lawyer smacked of harassment.
“As a member of the police, an agent of the government and as a law enforcement officer, the IGP has a positive obligation to respect and protect human dignity and uphold the human rights of all persons in the performance of his professional duty," she said.
Ambiga, a lawyer herself, pointed out that this is clearly stated in Article 2 of the United Nations Code of Conduct for Law Enforcement Officers 1979.
“A law enforcement officer cannot violate the basic principles of effective legal representation as it is a fundamental right guaranteed under the Federal Constitution.
“An essential aspect of the exercise of this right is privileged communication. There cannot be effective legal representation if there is no privileged communication."
Ambiga explained that this meant every police officer has a duty to protect this inherent right.
She also stressed that governments must also ensure that lawyers are not intimidated, harassed or interfered with in the course of discharging their professional duties.
“These are necessary safeguards to protect the sanctity of a solicitor-client relationship that is the basis of the right to legal representation,” she said.
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