ASEAN lawyers to work towards stronger human rights safeguards
More than 40 delegates from nine countries attended a regional workshop for ASEAN lawyers in Bangkok April 28-30 on the promotion and protection of the rights of human rights defenders.
Malaysia: ICJ saddened by death of prominent lawyer and human rights defender Karpal Singh
Karpal Singh, a prominent Malaysian lawyer, human rights defender and parliamentarian who fought courageously for equality, justice and democracy in the country, was killed in a road accident.
Kazakhstan: ICJ concerned at Supreme Court’s decision to confirm the disbarment of lawyer Polina Zhukova
The ICJ today expressed concern at the decision of the Kazakhstan Supreme Court, on 26 March, to affirm the disbarment of lawyer Polina Zhukova on spurious grounds that run contrary to international standards on the role and independence of lawyers.
Myanmar: The Need for Fundamental Reform of the Legal System
The ICJ made an oral statement at the UN Human Rights Council, on the need for fundamental reform of the legal system in Myanmar.
The oral statement was delivered during an interactive dialogue with the Special Rapporteur on human rights in Myanmar.
While noting some progress on legal reform to establish the rule of law during Myanmar’s economic and political transition, the ICJ noted that reforms are fragile and legal obstacles continue to block improvements to the extremely poor state of the rule of law and respect for human rights.
The ICJ considers that Myanmar’s judiciary is not yet independent. State authorities continue to exert improper influence on politically sensitive cases.
The ICJ was therefore deeply disappointed to hear the Representative of Myanmar state during the Council session that the Government rejected as “intrusive and prescriptive, infringing upon the national sovereignty” the Special Rapporteur’s basic recommendation that “the Government … Initiate fundamental reforms to establish a judiciary that is impartial and independent, including from the direct control of the Government and the military”.
Systemic problems affect the independence of lawyers, including the poor state of legal education and undue restrictions on licensing. Lawyers in Myanmar lack an independent Bar Council.
The ICJ stressed the need for Myanmar to ratify and implement all core human rights treaties, to cooperate with international human rights mechanisms, and to agree to the establishment of an OHCHR office in the country. At the same time, ICJ emphasised the continued need for a robust mandate for the UN Special Rapporteur on Myanmar.
The full statement may be downloaded in PDF: Advocacy-UN-HRC25-Myanmar-OralStatement-032014
The report of the Special Rapporteur is available here in Word format: SR Myanmar Report March 2014
For further information, please see the recent ICJ report Right to Counsel: The Independence of Lawyers in Myanmar (click to download PDF).
Malaysia: ICJ condemns Karpal Singh sanction
The ICJ condemned the High Court decision sentencing prominent Malaysian lawyer and chairman of the opposition Democratic Action Party Karpal Singh with a criminal sanction. He was found guilty of sedition on 21 February 2014.
The sanction amounts to RM 4,000 fine (approximately US$1,220).
The High Court’s decision was based on a statement made by Karpal Singh at a press conference on 6 February 2009 that Sultan Azlan Shah’s decision to remove the Perak’s state Chief Minister from office in 2009 could be challenged in a court of law.
“The Malaysian government is brazenly utilizing a draconian and outdated sedition law to restrict freedom of expression in the country by lawyers and public figures,” said Emerlynne Gil, ICJ’s International Legal Adviser on Southeast Asia.
The Malaysian government on 21 July 2012 announced that it planned to repeal the colonial-era 1948 Sedition Act, but has been slow to act on its announcement.
“Public discussion, including debates on the interpretation of laws, are an integral part of the nature of the legal process and a crucial step in the strengthening of a country’s democracy and rule of law,” said Gil. “A lawyer’s right to freely and independently engage and express their views on the law fulfills an important aspect of their professional role.”
In June 2010, the High Court initially ruled that the prosecution had failed to prove a prima facie case and acquitted Karpal Singh. The prosecution, however, later appealed, and the Court of Appeal reversed the High Court’s decision and ordered a retrial.
Pursuant to article 48(e) of the Federal Constitution, Karpal Singh now risks losing his Parliamentary seat unless the High Court’s decision is overturned during appeal.
Karpal Singh was the lead counsel for opposition leader Anwar Ibrahim during his Sodomy II appeal from 6 – 7 March 2014, which saw the Court of Appeal overturn his acquittal and sentenced him to five years in prison.
Karpal Singh is expected to appeal both the conviction and the sentence to the Court of Appeal.
Contact:
Emerlynne Gil, ICJ International Legal Adviser for Southeast Asia, t +66 2 619 8477; email: emerlynne.gil(a)icj.org
Craig Knowles, ICJ Media Consultant, t +66 81 9077653; email:craig.knowles(a)icj.org
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