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Wednesday, 3 June 2009

Press Release: Accept dissent as a democratic norm

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The Malaysian Bar deplores the astounding spate of arrests that the Police have made in recent weeks. We are concerned whether this heavy-handed and disproportionate approach is an ominous portent of the trend we can expect to see under the current Government's administration.

It is lamentable that the Government continues to be unable to accept dissent as a legitimate form of expression and a democratic norm. Equally deplorable is the Police's intolerance of the freedom of speech, expression and assembly and their abuse of power in the repressive and almost unrelenting use of arrest and detention as the preferred mode to stifle public opinion and silence dissenting voices that are unfavourable to the ruling Government.

Over 120 individuals have recently been arrested, and some charged under draconian and authoritarian laws such as the Sedition Act, for simply expressing their viewpoints peaceably, including lawyer Karpal Singh, BERSIH representative Wong Chin Huat, politician Lim Kit Siang and participants at various peaceful candlelight vigils.

The repressive and forceful manner of dealing with dissent reinforces the perception that the Police force is biased in favour of the government of the day. The rule of law must be respected, and applied to all, including the Police, which must regain public confidence as an institution not mired in politics. It must not be seen as a tool to intimidate and cow those who express disagreement.

The Malaysian Bar is gravely disappointed that the Government has not seen fit to embrace the public's increased expression of viewpoints as a positive development in our society and to accord it the necessary democratic space to flourish. Instead, this new Government appears determined to crack down on all dissent, persecuting and punishing those who dare to speak out.

As much as dissent and opposition may be unpalatable, these must not be silenced but countered with open and healthy debate, reforms and concrete changes. The Malaysian Bar calls for the Government to demonstrate commitment to the rule of law and to democratic processes by encouraging open discourse on issues of concern to the Malaysian public. We urge the Police to exercise restraint and to even-handedly protect and uphold the rights of all concerned citizens to assemble peaceably to express their opinions.


Ragunath Kesavan
President
Malaysian Bar

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