Bar Council calls it a 'black day'
Hafiz YatimPublished: May 8, 2009 9:58 AM | Updated: May 8, 2009 10:21 AM
In taking the police to task, the Bar Council which represents some 13,000 lawyers termed the mass arrests over the past few days as a 'black day' for human rights.
In taking the police to task, the Bar Council which represents some 13,000 lawyers described the mass arrests over the past few days as a 'black day' for human rights.
Scores of people were arrested in Perak and Kuala Lumpur with regards to the political turmoil in the northern state.
Among them was university lecturer Wong Chin Huat, who was picked up for sedition when he urged the public to don black to mourn the 'death of democracy' in Perak.
But what ruffled the Bar Council's feathers the most, was the arrest of five lawyers last night who had gone to the Brickfields police station in Kuala Lumpur to offer legal assistance to a group of protesters who were detained for staging a candlelight vigil in support of Wong.
Speaking at a press conference in Kuala Lumpur today, Bar Council president Ragunath Kesavan slammed the police and lamented that the arrests have undermined the cooperation between 'the men in black' and 'the men in blue'.
He said the police should be non-partisan and act within the rule of law and not violate them in making arrests.
"What we have seen over the last couple of days is certainly a black day in terms of human rights as the police are seen to be taking sides in making the arrests.
"What is of more concern is the arrests of five lawyers last night who were discharging their duties as lawyers to meet their clients to provide legal advice," he said.
May 17 EGM to go ahead
Ragunath said the Bar Council has been holding monthly meetings and frequent dialogues with the police to extend its cooperation, and what happened over the last couple of days has certainly
affected this relationship.
"The arrests last night was made on the basis of obstruction of justice. However, it makes a mockery of the constitutional right to representation when the lawyers were arrested.
"The Bar Council takes a serious view over their arrests. If their presence at the police station can be deemed as an obstruction of justice, how low can you go?" he asked.
"We want the police to respect the rule of law, respect the criminal justice system and respect the stakeholders of justice namely the lawyers and public," he added.
In view of this, Ragunath said the Bar Council will call for an emergency general meeting (EGM) to address the issue and hoped that police chief Musa Hassan and Home Minister Hishammuddin Hussein can come clean, to assure and restore public confidence.
Flanked by his vice-president Lim Chee Wee and human rights bureau chief Andrew Khoo, the Bar Council chairperson also told reporters that a judicial review may also be filed to examine the police procedures against the lawyers, in particular under the Criminal Procedure Code.
He also said that the council would support any civil suits taken by the five arrested lawyers (left), who are members of the Kuala Lumpur legal aid bureau.
As for yesterday's vigil, which was classified as an 'illegal assembly' by the police, Ragunath said: "I was there until 3am and the situation was actually calm and the assembly was peaceful and did not warrant the arrests."
The lawyers and all those detained were released today.
More legal suits
On the political crisis in Perak, Ragunath said he expected more legal suits to be filed especially after the chaotic state assembly sitting yesterday.
"There is a question on the legality of the proceedings whether it commences before (Regent of Perak) Raja Nazrin Shah’s royal address or after it.
"Furthermore, now we have two speakers with V Sivakumar and R Ganesan. The problem will never end. I will not be surprised if more legal suits are filed," he said.
"Sometimes we have to accept that a political problem would require a political solution," he added.
Ragunath said the government cannot seek refuge behind the excuse that it is too expensive to hold elections.
"We cannot say elections are expensive. It is part and parcel of democracy. What if someone comes and calls for an abolishment of elections? Surely, we do not want this," he said.
"Solutions to political problem requires for it to go to the people. In light of what happened yesterday to the speaker (Sivakumar), I think the people are more sympathetic with Pakatan (Rakyat) now," he added.
Commenting on the government's move to release 13 Internal Security Act detainees, Ragunath said the Bar Council wants a review of the legislation which provides for detention without trial.
Scores of people were arrested in Perak and Kuala Lumpur with regards to the political turmoil in the northern state.
Among them was university lecturer Wong Chin Huat, who was picked up for sedition when he urged the public to don black to mourn the 'death of democracy' in Perak.
But what ruffled the Bar Council's feathers the most, was the arrest of five lawyers last night who had gone to the Brickfields police station in Kuala Lumpur to offer legal assistance to a group of protesters who were detained for staging a candlelight vigil in support of Wong.
Speaking at a press conference in Kuala Lumpur today, Bar Council president Ragunath Kesavan slammed the police and lamented that the arrests have undermined the cooperation between 'the men in black' and 'the men in blue'.He said the police should be non-partisan and act within the rule of law and not violate them in making arrests.
"What we have seen over the last couple of days is certainly a black day in terms of human rights as the police are seen to be taking sides in making the arrests.
"What is of more concern is the arrests of five lawyers last night who were discharging their duties as lawyers to meet their clients to provide legal advice," he said.
May 17 EGM to go ahead
Ragunath said the Bar Council has been holding monthly meetings and frequent dialogues with the police to extend its cooperation, and what happened over the last couple of days has certainly
affected this relationship.
"The arrests last night was made on the basis of obstruction of justice. However, it makes a mockery of the constitutional right to representation when the lawyers were arrested.
"The Bar Council takes a serious view over their arrests. If their presence at the police station can be deemed as an obstruction of justice, how low can you go?" he asked.
"We want the police to respect the rule of law, respect the criminal justice system and respect the stakeholders of justice namely the lawyers and public," he added.
In view of this, Ragunath said the Bar Council will call for an emergency general meeting (EGM) to address the issue and hoped that police chief Musa Hassan and Home Minister Hishammuddin Hussein can come clean, to assure and restore public confidence.
Flanked by his vice-president Lim Chee Wee and human rights bureau chief Andrew Khoo, the Bar Council chairperson also told reporters that a judicial review may also be filed to examine the police procedures against the lawyers, in particular under the Criminal Procedure Code.
He also said that the council would support any civil suits taken by the five arrested lawyers (left), who are members of the Kuala Lumpur legal aid bureau.As for yesterday's vigil, which was classified as an 'illegal assembly' by the police, Ragunath said: "I was there until 3am and the situation was actually calm and the assembly was peaceful and did not warrant the arrests."
The lawyers and all those detained were released today.
More legal suits
On the political crisis in Perak, Ragunath said he expected more legal suits to be filed especially after the chaotic state assembly sitting yesterday.
"There is a question on the legality of the proceedings whether it commences before (Regent of Perak) Raja Nazrin Shah’s royal address or after it.
"Furthermore, now we have two speakers with V Sivakumar and R Ganesan. The problem will never end. I will not be surprised if more legal suits are filed," he said."Sometimes we have to accept that a political problem would require a political solution," he added.
Ragunath said the government cannot seek refuge behind the excuse that it is too expensive to hold elections.
"We cannot say elections are expensive. It is part and parcel of democracy. What if someone comes and calls for an abolishment of elections? Surely, we do not want this," he said.
"Solutions to political problem requires for it to go to the people. In light of what happened yesterday to the speaker (Sivakumar), I think the people are more sympathetic with Pakatan (Rakyat) now," he added.
Commenting on the government's move to release 13 Internal Security Act detainees, Ragunath said the Bar Council wants a review of the legislation which provides for detention without trial.
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