Repeal Detention Without Trial Laws Resolution (10/10/98)

The EGM of the Malaysian Bar held at the Renaissance Hotel, Kuala Lumpur - Saturday, 10 October 1998

Motion 5:

Whereas

1. The freedom of expression, association and movement is a fundamental human right enshrined in the Universal Declaration of Human Rights, and affirmed by international human rights standards.

2. No person should be punished by the means of arrest and detention, or by the imposition of restrictions and conditions as to his/her expression, association and/or movement, without being charged and tried in an open court.

Therefore This House Hereby Resolves That:-

1. The Malaysian Bar hereby adopts the position that all laws providing for arrest and detention without trial, and for the imposing of restrictions and conditions without trial are contrary to the Rule of Law, international human rights standards and established religious values and norms.

2. The Malaysian Bar calls for:-

a) The repeal of all laws that allow for detention without trial in particular the Internal Security Act 1960, Emergency (Public Order and Prevention of Crime) Ordinance 1969, Dangerous Drugs (Special Preventive Measures) Act 1985 and the Restricted Residence Enactment 1933, and

b) The immediate and unconditional release of all persons arrested and detained under the first three mentioned legislations above.

c) The immediate removal and/or revocation of all Orders imposing restrictions and conditions under the abovementioned legislations, on all persons with regard to expression, association and movement, without trial.

3. The Bar Council takes all necessary steps to work towards the realisation of the abovementioned resolutions.

Proposer: Mr Charles Hector
Seconder: Mr Francis Pereira

Resolution:

The Motion was unanimously adopted.