Media Statement by DAP National Publicity Bureau in Petaling Jaya on Tuesday, 19^th May 2009:

Members of the Bar should not be deemed as “certain quarters who are out to create trouble” nor a threat to peace and security

DAP found the statement by Inspector-General of Police Tan Sri Musa Hassan a complete lack of judgement. Lawyers are definitely not above the law, nor is the police. The police should allow the lawyers to fulfil their professional obligations without harassment. Lawyers are not the enemies of police, but of assistance to the police. Their existence is to ensure that the police carry out their duty professionally and proficiently, to ensure accountability in the criminal justice system and for any inappropriate use of power to be corrected on the spot.

Police denying access to clients pursuant to section 28A(8) has been recurring. On top of the basic right to be protected against discrimination, any person who is arrested has the right to inform a third party of their arrest and to demand for free legal advice. These basic rights, coupled with the freedom of lawyers to perform their duties without harassment or intimidation, delineate the cornerstone of our criminal justice system.

DAP condemns, in the strongest terms possible, the arrest of the lawyers when they were upholding their duty. Instead of accusing the lawyers for putting themselves above the law, the IGP should take immediate action against the OCPD who authorised the arrest of five lawyers. Police forces are public authorities, and have the same duties as other public authorities to respect human rights, prevent discrimination and promote equality.

The detention of the 5 Legal Aid Centre (LAC) lawyers makes an absolute mockery of the constitutional right to legal representation and is a gross abuse of power. DAP demands that Home Minister to take immediate and proactive actions in order to stop the abuse being perpetrated by the police.

We demand the following:

1. Take immediate disciplinary action against the police officers responsible for the arrest of the lawyers, so that the punishment will serve as a severe warning to others;

2. An apology;

3. Adopt and comply with the accepted international standards and guidelines when arresting; and

4. Establish the Independent Police Complaints and Misconduct Commission (IPCMC) to prevent abuse of power, and to turn it into a world-class, efficient and incorruptible police force that all Malaysians can trust and be proud of.

* DAP National Publicity Bureau