Using sedition dragnet to catch lawyers roundly condemned
The International Commission of Jurists (ICJ) has demanded that Putrajaya halt what it described as a "politically motivated" sedition investigation against members of the Malaysian Bar over a motion on the removal of Mohamed Apandi Ali as attorney-general.
“The Malaysian authorities are using the archaic, colonial Sedition Act to harass and silence lawyers who are demanding that the country’s legal authorities observe international standards of propriety and independence,” said Emerlynne Gil, ICJ’s senior legal adviser for Southeast Asia
The International Commission of Jurists (ICJ) has demanded that Putrajaya halt what it described as a "politically motivated" sedition investigation against members of the Malaysian Bar over a motion on the removal of Mohamed Apandi Ali as attorney-general.
“The Malaysian authorities are using the archaic, colonial Sedition Act to harass and silence lawyers who are demanding that the country’s legal authorities observe international standards of propriety and independence,” said Emerlynne Gil, ICJ’s senior legal adviser for Southeast Asia.
“This latest misuse of the Sedition Act constitutes a brazen political attack on the independence of the country’s lawyers,” she said.
Lawyers Charles Hector Fernandez, Francis Pereira and R Shanmugam were yesterday informed to present themselves at the Bukit Aman police headquarters tomorrow to have their statements recorded under the Sedition Act 1948.
This was over their move to propose a motion at the 70th Malaysian Bar annual general assembly on Apandi's position and his refusal to prosecute over the multi-billion ringgit deposits received by Prime Minister Najib Abdul Razak.
The motion, debated on March 19, was passed by a majority and resulted in a resolution calling for Apandi's resignation.
Malaysian Bar secretary Karen Cheah Yee Lynn was also notified by police that her statement would be recorded over the same matter.
“International standards highlight that protecting the independence of lawyers and their professional associations is essential for upholding the rule of law and the administration of justice.
This police investigation is clearly designed to challenge that independence.
“The Malaysian Bar has been one of the few institutions consistently defending the rule of law and human rights in Malaysia, and it is crucial to maintain the ability of its members to engage critically in upholding the standards of professional integrity and independence," said Gil.
Draconian law
Meanwhile, Gerakan Hapus Akta Hasutan (GHAH) also condemned the sedition investigation against the lawyers over a motion that was proposed and discussed among lawyers behind close doors.
GHAH coordinator Amir Abd Hadi in a statement yesterday urged the police to cease their investigation, saying that there was nothing seditious about the motion.
It should be noted that there was nothing unusual (about the motion) and the Malaysian Bar had in the past made various proposals for the improvements and renewals (of the country's institutions).
"The Malaysian Bar was only doing its duty in upholding the sovereignty of law and the fair governance in Malaysia in accordance with Section 42(1) of the Legal Profession Act 1976," he said.
Similarly, Amir also condemned as “baseless” the ongoing sedition investigation against PKR's Machang Bubuk state assemblyperson Lee Khai Loon and DAP's Gelang Patah MP Lim Kit Siang and former prime minister Dr Mahathir Mohamad.
"The government should not hide behind this draconian law to silence critics and should respect the rights to freedom of speech, assembly and association as ensrhined in Article 10 of the federal constitution," he said.
He also urged Prime Minister Najib Abdul Razak to fulfil his 2012 promise to abolish the Sedition Act.


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