Abdullah’s dismissive attitude on  the report "Justice in Jeopardy: Malaysia 2000" symptomatic of a government  leadership not prepared to respond to national and international opinion for reforms and good governance

---

Media Statement
by Lim Kit Siang 

---

Abdullah  said yesterday  that he was not surprised over the report "Justice in Jeopardy: Malaysia  in 2000" which is critical of Malaysia, saying it has become common for  international reports to criticise Malaysia.

 "It has become the norm that when international reports are issued, various criticisms are made against us, all sorts of dissatisfaction," he said.

Abdullah said it was the right of organisations making the report to find fault  and criticise, but the government would always be fair in providing services  and dealing with the people.

He said it was inevitable that systems introduced by the government  would have weaknesses and shortcomings, and the government had never  claimed that everything was perfect.

He said "ongoing" efforts were made every year to improve the situation, including by  amending laws, strengthening organisations, implementing more of  meaningful projects and boosting the quality of programmes.

Abdullah has failed completely to address the central issue highlighted by "Justice in Jeopardy: Malaysia in 2000" which concluded that "the extremely powerful Executive in Malaysia has not acted with due regard for the essential elements of a free and democratic society based on the rule of law" - that while in the vast majority of cases which come before the courts at whatever level there is no complaint about the independence of the judiciary,  in cases which are considered of political or economic importance to the Executive, there are serious concerns that the Judiciary is not independent and this perception is also held by members of the general public.

The report  also sets out a series of court cases which it says show that the legal system is being manipulated for political ends, including cases where lawyers have been charged with contempt of court or sedition while defending clients.

It said problems with the independence of lawyers and judges had only arisen since Datuk Seri Dr. Mahathir Mohamad  came to power in 1981, a point which had been made earlier by the Minister in the Prime Minister’s Department, Datuk Dr. Rais Yatim in his 1995 book "Freedom under Executive Power in Malaysia - A study of executive supremacy"

From Abdullah’s indifference, it would appear that the government has no intention to respond seriously to the recommendations of the report to restore a just rule of law and a truly independent judiciary, and in particular the following recommendations:
 

• the Government of Malaysia to recognise the independent constitutional position of the judiciary and not to interfere with  this independence in any way.
• the Government of Malaysia should not threaten or diminish the autonomy of the Bar Council;
• the Judiciary should act and be seen to act with complete  independence from the Executive  and should do all in its power to counter the harshness of repressive legislation and  overbearing  actions of the Government;
• the choice of judges in high profile cases be carefully considered;
• the Executive should refrain from speaking publicly about a trial before judgement has been delivered;
• a Judicial Services Commission should be established with the function of recommending  appointments to the judiciary;
• Malaysia should become a party to United Nations human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on  Economic, Social and  Cultural Rights;
• certain restrictive legislation, including the Internal Security Act (ISA) and the Sedition Act, should be repealed and an independent  Law Commission be established to review existing legislation and recommend amendments that are consistent with international human  rights  law;
• Non-government organisations should be able to carry out non-violent activities freely without harassment and should be able  to exercise their right to freedom of expression

The concerns about a just rule of law and a truly independent judiciary are the concerns of all thinking and patriotic Malaysians.

The recent  speech by  former Lord President Tun Suffian  in honour of the late Justice Tan Sri Wan Sulaiman in Kuala Lumpur on 10th March 2000 deserves the serious thought of the government and all Malaysians.

Recounting the first judicial crisis in 1988 resulting in the removal of the then Lord President Tun Salleh Abas, Tun Suffian said:
 

"The news of the devastation that hit the judiciary resounded throughout the world and reached me in Geneva, where friends asked me what sort of country Malaysia was.  I was at a loss to explain and, for the first time in my life, I felt ashamed of being a Malaysian."

He added:
 

"I had predicted that our judiciary would take a whole generation to recover from the assault. Now that more than 12 years have elapsed, I doubt if the judiciary would recover in a generation from today.

"Judges who joined in downing their boss have been rewarded by promotion. Judges who did not, have been cowed into silence.  Judges are at sixes and sevens. Some daren’t speak to each other. While there are  judges whose integrity and impartiality have never wavered, the public perception is that the judiciary  as a whole can no longer be trusted to honour their oath of office. When I am asked what I thought, my usual reply is that I wouldn’t like to be tried by today’s judges, especially if I am innocent."

Tun Suffian concluded:
 

"It is not enough for Government to have confidence in the judiciary if the public does not. It is not enough for courts only to go through the motion of a trial.  It is not enough if justice seems to be done if in fact justice has not been done."

The government, nation and people must address these disturbing reflections on the system of justice in Malaysia by the  former Lord President and the devasting indictment on the system of justice in the report  "Justice in Jeopardy: Malaysia 2000" if Malaysians are to stand tall in the world in the new millennium.

(14/4/2000)