AHRC UA Index: 000929 29 September 2000
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UA 34/00: Passing away of courageous judge prompts appeal for free judiciary
MALAYSIA: Lack of freedom of judiciary, of expression, of assembly
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\”Judges who joined in downing their boss have been rewarded by promotion. Judges who did not, have been cowed into silence….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.\”
We are saddened by the news that the writer of these words has passed away (natural causes). He was Malaysia’s fourth Lord President, retired Justice Tun Mahamad Suffian Mohd Hashim. We are releasing this Urgent Appeal to mark his death. Tun Suffian’s life was distinguished by his ‘scholarly judgements and courageous statements’; he expressed his views about the decline of judicial and media standards in Malaysia when many remained silent.
His passing can be considered an opportunity for all to renew efforts to free Malaysia’s judiciary and media from political influence and repression as well as all forms of prejudice. As such we are calling for letters to be written in the memory of Tim Suffian, which will give his words and messages a life beyond his grave. We supply below a sample letter and several wonderful quotes from the man (provided by Aliran), to assist with your action.
BACKGROUND
Followers of the trial of former vice-president Anwar Ibrahim will note that the international and Malaysian NGO community were left in no doubt that his trial was politically motivated and that justice was given a great disservice by a prejudicial and inhumane arrest, interrogation, trial, verdict and sentencing. The fact that a nation’s ruler can successfully remove any opposing voice through the official court system shows the degree to which Malaysia’s legal system has been perverted from its role of providing free and fair trial and judgement. The Internal Security Act (used against Anwar and others) enables imprisonment of any suspected political opponents without trial. The illegal assembly laws are used to charge peaceful protesters such as worker activist Irene Fernandez. And there are also many means by which the Information Ministry controls and restricts the freedom of the press (though there are a number of courageous organisations and individuals who print news and comment fearlessly). These are just some of the restrictions on the ability of Malaysian people to realise their basic rights. These are the type of issues that Tun Suffian spoke boldly against.
QUOTES FROM TUN SUFFIAN (provided in context by Aliran)
As recently as on 10 March, while speaking in honour of the late Justice Tan Sri Wan Sulaiman at the Bar Auditorium, he was very blunt:
\”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.\”
He was of course referring to the infamous Tun Salleh Abas episode of 1988 which shook the very foundations of our nation
He had then observed:
\”What happened to Tun Salleh and our Supreme Court Judges has shown that what took generations to build up can be destroyed in one day and will take many years to build\”.
He was subsequently to observe:
\”Now that more than 12 years have elapsed, I doubt if the judiciary would recover in a generation from today\”.
Salleh’s unjust treatment and the injustice surrounding his dismissal flabbergasted him. He did not mince his words when he said:
\”I never thought that what happened in Idi Amin’s Uganda could happen in Malaysia. And when foreign friends in Europe, America and elsewhere questioned me about it, for the first time in my life I was ashamed of being Malaysian\”.
He did not spare the media either. He was very upset and disappointed with the pliant media:
\”Our media does not dare publish the whole truth and expose abuse of power and wickedness, though improprieties in high places do not pass unnoticed by many of its unhappy practitioners. Consequently, the public has only been fed the untruthful and distorted official version of an unprecedented episode that brings shame not only to the perpetrators of the crime which left our judiciary in shambles, but also shame to the whole country\”.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
SAMPLE LETTER [You may wish to use the quotes above and this sample to compose different letters to the different people listed below]
Dear
I note with sadness the passing of a Malaysian of great standing and reputation, retired Justice Tun Mahamad Suffian Mohd Hashim. Internationally recognised and appointed to serve on important tribunals, he distinguished himself and brought honour to the country.
An astute observer of events, he agonised over the decline of the judiciary and was scathing in his comments. Following the Tun Salleh Abas episode of 1988, he said:
“I never thought that what happened in Idi Amin’s Uganda could happen in Malaysia. And when foreign friends in Europe, America and elsewhere questioned me about it, for the first time in my life I was ashamed of being Malaysian”.
Regarding the media, he had this to say: “Our media does not dare publish the whole truth and expose abuse of power and wickedness….[which] brings shame not only to the perpetrators of the crime which left our judiciary in shambles, but also shame to the whole country”.
In honour of the passing of this great man, the fourth Lord President of Malaysia, I urge you to take to heart his words, which came from a deep love for his country and a true desire for a just, fair and free judiciary and media. The most effective way to ensure justice is to allow the judiciary, the press and civil society to conduct their work without unnecessary influence from the government. The repeal of the Internal Security Act and other legislation which prevents peaceful assembly and freedom of expression would be an effective way to begin the reform that Tun Suffian was desperate for. Interference of politicians in the judicial system was clearly abhorrent to Tun Suffian, and I add my voice to his to call for politicians to allow judges and the media to do their job in an egalitarian and unimpeded manner.
Please do not let this man’s life and service be forgotten by allowing the judiciary and media of Malaysia to remain crippled and distorted by political influence.
sincerely_
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SEND LETTERS TO
1. The Prime Minister of Malysia
Dato Seri Dr. Mahathir bin Mohamad
Prime Minister’s Office
Federal Government Administration Center
62502 Putrajaya
MALAYSIA
Fax : +603 8888 3444
Salutation: Dear Dr. Mahatir
2. The Chair of the Malaysian National Human Rights Commission
Chair
Suhakam
c/- Kementerian Luar Negeri
Wisma Putra 50602
Kuala Lumpur
MALAYSIA
Fax: +603 5519 3532
Salutation: Dear Sir/Madam
3. Chief Justice of Malaysia
The Right Honourable Tun Dato’ Seri Haji Mohd Eusoff bin Chin
Federal Court of Malaysia
Bangunan Sultan Abdul Samad
Jalan Raja
50506 KUALA LUMPUR
(Tel: 03-2939011)
Salutation: Your Worship
4. President of rht National Union of Journalists
President
National Union of Journalists
30B Jalan Padang Belia
50470 Kuala Lumpur
Ph: (60) 3 274 28 67
Fax: (60) 3 274 47 76
Salutation: Dear President
