Human rights NGO Suaram has asked several United Nations agencies to bring pressure to bear on Malaysia, following the release of a video clip that has rocked the nation.

In a letter, Suaram expressed its concerns with the government's handling of the issues and appealed to the UN agencies to institute measures to halt the rot in the judiciary.

The letter was addressed to the High Commissioner for Human Rights, Special Rapporteur of the independence of judges and lawyers and the Special Representative of the UN Secretary-General on the Situation of Human Rights Defenders.

"(Prevent) the prosecution of the (Lingam tape) whistleblowers by the Anti-Corruption Agency (ACA) and ensure the safety of the human rights defenders and the source of the video clip from further political persecution," the letter reads.

It lists the events in chronological order beginning with the release of the eight-minute video clip on Sept 18 by opposition party PKR.

The video shows senior lawyer VK Lingam on the phone allegedly fixing the promotion of judges with a person believed to be current Chief Justice Ahmad Fairuz Sheikh Abdul Halim.

Suaram, which attached a copy of the transcript of Lingam's conversation, explained that it was seeking intervention is because of the "suspicious manner in the handling of the issue by the government".

"We are extremely concerned that this development, if not halted, will lead to disastrous violations of human rights of the people in all sectors as the judiciary is the last bastion in defending the rights of the people in a functioning democracy," it said.

Grounds cited

It cited six points to back its call for action:

1. The government's refusal to set up a Royal commission of inquiry
Article 125 of the Federal Constitution provides for an independent commission of inquiry to be set up by the King on the advice of the prime minister. It will have powers to subpoena witnesses and provide immunity from prosecution to the people who come forward to testify.

2. The appointment of a panel of inquiry instead of a royal commission

On Sept 25, Deputy Prime Minister Najib Abdul Razak appointed a three-member panel led by former Chief Judge of Malaya Haidar Mohd Noor with former judge Mahadev Shankar and National Service Training Council chairperson Lee Lam Thye.

This appointment is against the principle of separation of powers between the executive and the judiciary because it draws its power from the executive and report its finding to the cabinet. A Royal commission would draw its powers from the Federal Constitution and report the findings to the King.

3. The panel's terms of reference are limited to determining the authenticity of the videotape
It has no power to subpoena or protect witnesses, compared to a Royal commission. This was confirmed by Haidar on Oct 3. The panel was given 30 working days to conclude their work. However, to verify the authenticity of a video clip, it needs no more than 24 hours by an expert. The panel has been alleged by many as a whitewash by the government to divert the issue.

4. Haidar was personally implicated in the 1988 judicial crisis

He was Chief Registrar of the Supreme Court (now changed to the Federal Court) when a tribunal was convened to sanction Lord President (now changed to Chief Justice) Salleh Abas and two Supreme Court judges.

Haidar locked the seal of the Supreme Court on the order of Hamid Omar and prevented the Supreme Court from convening a hearing of Salleh's appeal after he was sacked from his post. Hamid was widely perceived as working with the executive as he was tapped to be replaced Salleh as the subsequent Lord President.

5. Investigation of the source, rather than the content, of the video clip
PKR members R Sivarasa and Sim Tze Tzin were questioned by the ACA and later served with notices under Section 29 (c) of the Anti-Corruption Act 1997 to reveal the source of the video clip within seven days, threatening prosecution of a two-year jail term if they fail to do so.

(Both have pledged not to reveal the source without the individual's consent. They have said that the source will only come forward if a Royal commission is established.

6. Intimidation of the Bar Council by the police for organising the 'Walk for Justice' on Sept 26

Council office-bearers including president S Ambiga, vice-president K Ragunath and secretary Lim Chee Wee have been called up by the police to have their statements recorded, scheduled to take place on Oct 23.