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Friday, 15 May 2009

Bar achieves 500 quorum for EGM on lawyers’ arrests - Anil Netto

1504: The Malaysian Bar is proceeding with its Extraordinary General Meeting after more than 500 lawyers turned up for the event scheduled to begin at 3.00pm. The Civic Hall in PJ can seat around 2,000 people and more lawyers are arriving.

In the motion that is expected to be deliberated, the lawyers are expected to resolve that the Malaysian Bar:

1. Strongly condemns and denounces the wrongful arrest, detention and interrogation of the LAC Lawyers.

2. Strongly condemns and denounces the blatant transgression of the rule of law and the constitutional right of every person to counsel and access to justice.

3. Strongly condemns the unnecessary arrest and detention of those exercising their constitutional right to assemble peaceably.

4. Strongly condemns the arbitrary, improper and frequent resort by the police to section 28A(8) of the Criminal Procedure Code, thus denying an arrested person access to counsel and making the right provided under section 28A(3) meaningless.

5. Strongly condemns and denounces the appalling treatment of the LAC lawyers and all those held in custody, including compelling them to wear lock up uniforms and unnecessarily handcuffing them.

6. Strongly condemns and denounces the Police for deliberately refusing to disclose to their family or their lawyers any information in relation to the LAC lawyers after their arrest, including their location and their next course of action.

7. Calls upon the Inspector-General of Police to take immediate disciplinary action against the police officers responsible for the unlawful arrest of the LAC Lawyers and in particular, the OCPD of the Brickfields police station for this shameful incident.

8. Calls upon the Inspector-General of Police to take full responsibility for, and to explain, this gross abuse of police power.

9. Calls upon the Government to be committed to and to uphold the Rule of Law as enshrined in the Federal Constitution.

10. Reiterates its previous calls on the Government to establish the Independent Police Complaints and Misconduct Commission (IPCMC) in its original form to serve as an independent external oversight mechanism.

11. Calls on the Government of Malaysia to uphold and defend the fundamental rights of advocates and solicitors to discharge their responsibilities to their clients in an environment free from threats and intimidation and unhindered by law enforcement agencies.

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