Malaysian Bar Resolution on Detention without Trial laws

Malaysian Bar Resolution on Detention without Trial laws, passed on 14th March 2009 at the 63rd Annual General Meeting of the Malaysian Bar held at the Grand Ballroom, Legend Hotel, Kuala Lumpur


The Malaysian Bar,

affirms that the detention of persons held without trial under laws such as the Internal Security Act 1960, Emergency (Public Order and Prevention of Crime) Ordinance 1969 and Dangerous Drugs (Special Preventive Measures) Act 1985 is an unjustified infringement of universal principles of human rights, and a violation of the rule of law and the principles of a democratic Government;

affirms that legislation which ousts the jurisdiction of the Courts to review the detention of persons held without trial is a further violation of international human rights law;

taking cognisance of the numerous complaints of torture or of cruel, inhuman or degrading treatment or punishment inflicted on detainees by law enforcement personnel;

concerned that the said complaints have not been investigated properly and transparently, nor the perpetrators held accountable and prosecuted or disciplined for their actions;

concerned that the Government appears to sanction the use of unlawful and questionable methods in the interrogation and detention of detainees;

concerned with the immunity that the Government appears to accord to the perpetrators of torture or of cruel, inhuman or degrading treatment or punishment;

encouraged by the recent landmark judgments of the High Court of Malaya in the cases of Abd Malek Hussin v Borhan Hj Daud & Ors [2008] 1 CLJ 264 delivered by Mr Justice Hishamudin Mohd Yunus and Raja Petra Bin Raja Kamarudin v Menteri Hal Ehwal Dalam Negeri delivered by Mr Justice Syed Ahmad Helmy Bin Syed Ahmad;

1.	Strongly calls upon the Government to immediately and unconditionally release all persons presently detained without trial, and where appropriate, to prosecute them in a public and fair trial.
2.	Strongly calls upon the Government to immediately repeal the Internal Security Act 1960, Emergency (Public Order and Prevention of Crime) Ordinance 1969 and Dangerous Drugs (Special Preventive Measures) Act 1985.
3.	Strongly denounces torture or cruel, inhuman or degrading treatment or punishment inflicted on detainees during their interrogation and detention.
4.	Strongly calls upon the Government to advise the King to establish a Royal Commission of Inquiry to conduct a full and open investigation into the complaints of torture or of cruel, inhuman or degrading treatment or punishment inflicted on detainees by law enforcement personnel.

The motion was unanimously carried.