As
the Law Association for Asia and the Pacific, LAWASIA joins others in
the international legal community in recording its concern at the recent
conviction of senior lawyer and leader of the Malaysian opposition
party, Karpal Singh, on sedition charges.
Mr Singh faced charges under the Sedition Act 1948
for a statement made by him to the media during a constitutional crisis
in Perak in 2009 where he indicated his view as a lawyer that the
Sultan of Perak's actions in removing the Chief Minister of the Perak
government would be justiciable.
While
appreciating that the conviction is a matter for the courts, LAWASIA's
concern arises where the Malaysian government had, in 2011, indicated
its intention to repeal the Sedition Act, which is widely regarded as
draconian and a relic of colonial era laws.
In this context, it notes the view of the Malaysian Bar that "the decision to proceed with the prosecution of YB Karpal Singh under a law that the government has slated for repeal is inexplicable and raises the spectre of selective prosecution."
Further, it notes that the United Nations Basic Principles on the Role of Lawyers indicate at Article 23 that lawyers "have
the right to take part in public discussion of matters concerning the
law, the administration of justice and the promotion and protection of
human rights…"
In addition, it endorses the view of the Malaysian Bar that "The
right of a citizen (in this case a senior and experienced lawyer) to
voice an opinion on a constitutional law point, that is, whether the
decision of a Ruler of a State is justiciable in the courts, is clearly
within the scope of freedom of speech and expression guaranteed under
Article 10 (1)(a) the [Malaysian] Constitution.”
As
an association comprised of the peak legal bodies of Asia and the
Pacific, as well as individual judges and lawyers, LAWASIA is dedicated
to protecting human rights and upholding the rule of law. It shares the
concerns of others that the prosecution of Karpal Singh in these
circumstances indicates a disregard for fundamental constitutional
rights of freedom of expression as well as the universally-accepted
responsibilities that adhere to members of the legal profession.
Isomi Suzuki
PRESIDENT
February 26, 2014
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