Param: Seek accountability, not apology
Soon Li TsinPublished: Mar 24, 2008 5:07 PM | Updated: Mar 24, 2008 5:14 PM
New law minister Zaid Ibrahim’s suggestion that the government should apologise to those victimised in the 1988 judicial crisis does not meet the test of accountability, said Param Cumaraswamy.
Former United Nations special rapporteur on judges and lawyers Param Cumaraswamy said transgressors including former premier Dr Mahathir Mohamad must be made accountable.
New law minister Zaid Ibrahim’s suggestion that the government should apologise to those victimised in the 1988 judicial crisis does not meet the test of accountability, said Param Cumaraswamy.
The former United Nations special rapporteur on the independence of judges and lawyers said that those who committed the transgressions should be the ones to apologise.
“Those who perpetrated the transgressions are still alive and they must be called to account for their conduct and seek forgiveness from the six valiant judges, their families and Malaysians generally for the sacrilege committed to the temple of independent justice,” he said in a statement today.
Param, a former Malaysian Bar president, named then Prime Minister Dr Mahathir Mohamad, Attorney-General Abu Talib Othman (currently chairperson of the Human Rights Commission of Malaysia) and Chief Justice Hamid Omar as those deemed accountable.
“There were other personalities who carried out what in military terms is called ‘superior orders’ for fear of being dismissed from their positions,” said Param.
“Having made the transgressors publicly accountable, the government must offer adequate compensation to the victims and their families (as) reinstatement of the three dismissed is no longer possible.”
Param noted that Malaysians have a right to know who was responsible for the events and why it happened.
“The government should not be seen encouraging impunity however high the personalities involved were,” he said.
In 1988, Mahathir had convened a special tribunal to try Lord President Salleh Abas (photo) on charges of misconduct and for questioning constitutional amendments that seriously eroded the powers of the judiciary. Salleh was subsequently sacked.
Supreme Court judges George Seah and Wan Sulaiman - who had ruled that the tribunal was convened unconstitutionally - were also sacked after being found guilty of misconduct by another tribunal.
Three other judges - Azmi Kamaruddin, Eusoffe Abdoolcader and Wan Hamzah Mohamed Salleh were suspended.
Some have described the dismissal of the top judges from the Supreme Court - then the highest court, now renamed the Federal Court - as Malaysia’s darkest hours in its judicial history.
On Saturday, Zaid proposed that the Federal government should tender an apology to those victimised in the incident. He said the apology was needed as the sacking of Salleh was inappropriate although it occurred 20 years ago.
'Heal the wounds’
Bar Council president S Ambiga said she welcomes Zaid’s proposal and said this is the “right thing to do”.
“Although it really depends on the terms of the apology, we support Zaid’s proposal. This would show the Executive’s willingness to recognise that the interference in the judiciary badly affects its independence,” she said when contacted.
“The apology would also be a recognition that what happened at that time was unjust and the event itself should not have occurred.”
Ambiga also lauded Zaid’s intention to revamp the appointment and promotion process for judges and magistrates.
“The judicial commission on appointments and promotion of judges, as well the apology, will not solve all the problems, but with further steps taken would indicate we are going the right way,” she said.
“We have to heal the wounds from 1988 and then we can move on from there.”
Salleh, when contacted, declined comment beyond explaining “it is because I am in the heart of this judicial crisis”, and apologised for his decision to remain silent.
The former United Nations special rapporteur on the independence of judges and lawyers said that those who committed the transgressions should be the ones to apologise.“Those who perpetrated the transgressions are still alive and they must be called to account for their conduct and seek forgiveness from the six valiant judges, their families and Malaysians generally for the sacrilege committed to the temple of independent justice,” he said in a statement today.
Param, a former Malaysian Bar president, named then Prime Minister Dr Mahathir Mohamad, Attorney-General Abu Talib Othman (currently chairperson of the Human Rights Commission of Malaysia) and Chief Justice Hamid Omar as those deemed accountable.
“There were other personalities who carried out what in military terms is called ‘superior orders’ for fear of being dismissed from their positions,” said Param.
“Having made the transgressors publicly accountable, the government must offer adequate compensation to the victims and their families (as) reinstatement of the three dismissed is no longer possible.”
Param noted that Malaysians have a right to know who was responsible for the events and why it happened.
“The government should not be seen encouraging impunity however high the personalities involved were,” he said.
In 1988, Mahathir had convened a special tribunal to try Lord President Salleh Abas (photo) on charges of misconduct and for questioning constitutional amendments that seriously eroded the powers of the judiciary. Salleh was subsequently sacked. Supreme Court judges George Seah and Wan Sulaiman - who had ruled that the tribunal was convened unconstitutionally - were also sacked after being found guilty of misconduct by another tribunal.
Three other judges - Azmi Kamaruddin, Eusoffe Abdoolcader and Wan Hamzah Mohamed Salleh were suspended.
Some have described the dismissal of the top judges from the Supreme Court - then the highest court, now renamed the Federal Court - as Malaysia’s darkest hours in its judicial history.
On Saturday, Zaid proposed that the Federal government should tender an apology to those victimised in the incident. He said the apology was needed as the sacking of Salleh was inappropriate although it occurred 20 years ago.
'Heal the wounds’
Bar Council president S Ambiga said she welcomes Zaid’s proposal and said this is the “right thing to do”.
“Although it really depends on the terms of the apology, we support Zaid’s proposal. This would show the Executive’s willingness to recognise that the interference in the judiciary badly affects its independence,” she said when contacted.“The apology would also be a recognition that what happened at that time was unjust and the event itself should not have occurred.”
Ambiga also lauded Zaid’s intention to revamp the appointment and promotion process for judges and magistrates.
“The judicial commission on appointments and promotion of judges, as well the apology, will not solve all the problems, but with further steps taken would indicate we are going the right way,” she said.
“We have to heal the wounds from 1988 and then we can move on from there.”
Salleh, when contacted, declined comment beyond explaining “it is because I am in the heart of this judicial crisis”, and apologised for his decision to remain silent.
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