NCJ Number
133734
Date Published
1989
Length
76 pages
Annotation
This report examines the Malaysian government's actions which violate basic principles of judicial independence established under international human rights law.
Abstract
In 1987, Prime Minister Mahatir's government issued a series of public statements critical of the judiciary and introduced legislation which greatly limited the power of the courts. In 1988 the government suspended the Lord President of the Supreme Court with accusations affecting his right to freedom of expression as a judge. The tribunals established by the Prime Minister to hear the allegations against the Supreme Court judges were not impartial and did not meet international standards for proceedings against the judges. The Lord President and five Supreme Court judges were suspended without a hearing. These actions of the Mahatir government convey to the judiciary that judicial decisions which impinge upon the powers of the government may result in retributions taken against the judiciary or against specific judges. In addition, key positions since the dismissal in 1988 have been filled by judges who participated in government actions against the judges, while recent legislation eliminated judicial review of national security legislation, and government criticism has been levied at the Malaysian Bar Council. These actions of the Mahatir government demonstrate an infringement on judiciary independence.