Friday, July 4, 2008

Rule By Law

It has become manifest that the Rule of Law has collapsed in Malaysia.

Even if Anwar Ibrahim were to be found guilty of sodomy, the court of public opinion would have acquitted him. Even if the Deputy Prime Minister were shown to be wholly unconnected with the events underlying the Altantuya murder trial, that court would have already found otherwise. It would not matter if all the police officers, prosecutors and judges in the country were to say otherwise or if all the untruths, one way or the other, were undone. Malaysians, or at least a very large number of them, have lost faith in the system.

The Rule of Law does not exist merely for there being present the institutions of the administration of justice. Courts, prosecutors, a legal profession and a police force do not in themselves give rise to the Rule of Law. That can only occur if they collectively function in a manner that allows for the full confidence of the Malaysian public. Without such confidence, these institutions are nothing more than empty shells.

There is no longer a basis for continued public confidence in these institutions. Where the police and the Judiciary are concerned, this is a state of affairs that has for all purposes and intents been formally recognized by two Royal Commissions of Enquiry. The office of the Attorney General is suborned to the Executive and its impartiality has been put in doubt, its decisions and conduct having become increasingly questionable. The legal profession has been largely neutered by self-interest or the need for self-preservation.

Corruption or abuses of power are perceived as permeating throughout.

The intensifying sequence of events that has played out these last few weeks has done little to build confidence in the system. If at all, it has eroded what little faith there was.

The need for reform is widely acknowledged, even by the Government. That little or no real reform has taken place is similarly widely known, as is the politicking that stands in the way. A system that works to vested interest, even if it is a shell propped up by laws that have been beyond challenge, is after all a system with value for those whose interests it serves. In it, existence is a game of chance played out in an arena of fear and unchecked power, and umpired by laws utilized in aid of the arbitrariness of Government.

We should not fear and yet that is what we do. For how can it be otherwise under a Rule By Law. Under it, might is always right.

MIS

19 comments:

adam said...

Well said. I agree wholeheartedly. I only wish this piece is read by all people.

What hope is there for us...

donplaypuks® said...

Dear Imtiaz

Rule by Law is what we have endured for the last 20 odd years.

Refer my article:'Who Guards The Guardians' at http://donplaypuks.blogspot.com.

We somewhat redeemed ourselves at GE 2008. But, I for one have no doubt we will not see any meaningful reforms from within the BN Govt. It's not possible for a leviathan to go on diet to lose weight. So too the excesses of a Govt that's been in power too long with no check. It's too disease ridden and beyond redemption!

So, we will have to make sure they do not last after the next GE. That will be our last chance.

Antares said...

Your clear mind and calm voice are greatly appreciated in these exasperating and perplexing times, Imtiaz. Thanks.

sinnersaint:saintsinner said...

What Rule of Law?

Its was wiped out/robbed from us Malaysians since MM took our this country.

A country that has been divided by race and religion due to the nature of politics - UMNO, MCA, MIC and the component parties of BN are the ones who caused the collapse of the the law. FEk em all

I sometimes feel Malaysian deserve it, today Malaysia it seem as rotten as some of the Latin American and African countries where rule of law is a mere dream.Third grade mentality...

We have been enduring all the crap with BN for 51 years, congrats to Malaysians for the outcome, so those who have been party loyalist fillng up their pockets are the ones who got us here.

in some it could your Father, Mother or family or relatives are the ones responsible.... arse fanning Bastard, who only thought of themselves and "bent over", n gave up everything....

Its time some of these parties pull out fm BN, and set it right for the future generation to come.... hopefully, we dont have to become like Indonesia, when in 1997, the people to the law into their own hands.... and the rest is history.

shalom

ayoyosamy said...

Very Interesting! The most notorious violater of Rule of Law is the US Administration when they attacked Iraq and cause untold suffering and deaths to innocent lives! Here, Police must arrest and jail those who make false Statutory Declaration to make a point that they dont tolerate those who violate the Rule of Law by their obstruction of justice and contempt of court!

Mr. Smith said...

Unfortunately, this is the reality. The law breakers wear the police uniform and they are the law. They own the law.
They can protect the guilty and convict the innocent.
Whom do we go to for protection from the Guardians of the Law?
They will destroy the country to preserve their personal interests, wealth and power.
EVIL forces have taken over the country that proclaims "Believe in God" as its first tenet.

Muda said...

Sdr ,

You could't have said it better . Personally , I've always found you to speak your mind no matter how sensitive it may be . Having said that , I've seen good and honest judges and police officers but they are always being side line for promotions and higher posts just for holding steadfast and righteous principles.

Malik Imtiaz Sarwar said...

Sdr Muda,

agreed. There are good people in the system who are prepared to stand by principle. I have written about Justice Hishamuddin, for instance. I know there are others in all the institutions. The difficulty is that they are either sidelined and given no position from which they can influence the machinery around them. Or they silence themselves in frustration.

My post was primarily about an overwhelming lack of confidence in the system on the part of the rakyat, notwithstanding there being a few good men/women.

MIS

Sharing said...

Dear Malik,

If you disapproved my last post because it is too details about lawyers and judges and for the sake of the commenter. I appreciated.

However, if it is because I touched the gang-up of lawyers and judge that you do not want to touch. Then, I think you should avoid talking Justice! Or only Laws on Books.

I pointed out my frustrations to illustrate that Laws had been an empty structure when Lawyers and Judges are manipulated to their interest. And, laymen are corned even engaging lawyers after lawyers . The last me even assaulted clients and not attending court. The lawyer is still under no pressure!

The matter warrants a strike out.
The Lawyers warrants a Disciplinary investigation or should be referred by the Court to DB or at least a fair hearing with the application of discharge. But, it was not done because of the Bias system and in practice DB is sleeping as well.

From the end of your article, you are trying to ask the people to be patient and with hope. If we do not present the actual situation for People to evaluate, DO WE KNOW WHICH DIRECTION OR POINT TO NOTE FOR REFORM?
If and only if we have the Chance to touch the Reform?

Please let Victim have the Chance to voice their case, especially when they are bullied by the so called Officers of Law! PLEASE!!

Malik Imtiaz Sarwar said...

Sharing,

you have left comments on this blog before. I have posted most of them. The ones I have not posted are very specific in nature (I am assuming they concern a case in which you or someone you know is involved in). I sympathise but do not think this blog is an appropriate forum for your frustration.

You e-mailed me sometime ago and I would appreciate it if you could do that again (I was overtaken by the rush of events these past few months). I assure you that I will respond, and offer such assistance as I can.

MIS

Anonymous said...

Why PKR forget to protect Bala safety ? If single person also cannot protect then forget about the rule of protecting millions of malaysian safety, and future.

Joe said...

Dear Malik,

Thank you for your writings, for speaking up for all the downtrodden Malaysians. Thanks to you and others who have been fighting for a clean Malaysia, this country might still have some hope. It is an uphill battle fighting the corrupt who have guns, power, and money. The sooner the corrupt Umno and BN govt can be brought down the better. They are evil. May Heaven save Malaysia!

Anonymous said...

That's true, people had lost faith on M'sia rule of law. The police, the judiciary, the anti-corruption, the AG need to be monitored by independent bodies that have higher power than this bodies but no power to other civil matters.

The police especially need to be train and to know where their power boundaries are. They need to know that they serve the people and the rule of law and not politician. They need to have the respect for laws and regulation and need to know that these are taken seriously.

Unfortunately today, we know police of all rankings had used threats and intimidation when they can see how people at the top themselves had used and abuse powers for their interests.

sinnersaint:saintsinner said...

mr Malik,

here's thought.... can we move it, its for those who are suffering. I've posted it to Rockys, MoiOnly, Chun Wai... Maybe you could drive it with them. cheers

***********************************


I"m Not a Jurno, Editor, Former PM son or daughter, nor their friend nor foe.

I dont feel just because a few of those closely link individuals called for a 24 hrs boycott, everyone is should jump too it....

Now, how bout raising funds for the guy who wants to sell his kidney to feed his family.... wouldnt that be a start - helping people... bloggers could start a New Chapter

Come On, Mr Chun wai, lets do some good for a change, imagine 5 million ppl contributing a dollar or 2, huh, ini baru shiok buat

I'm sure we can raise millions and fend for our unfortunate ones, get rocky and rest of the gang, apa macam..... Mr Chun Wai, kita buat Miracle

raj raman said...

Malik,
BN all this years BN are crying wolf,so for me i have total lost trust in whatever they try to sell.

OUT OF TOPICS.
BLOGGERS HOUSE.
I thought bloggers house donation drive is free from current cronies and Politician of BN OR EVEN PKR.

Just assume they come in good faith and just assume i think they came with big pile of cash to buy bloggers for their future needs.

Whats your opinion?
rajraman also known rajraman666.
Finally the devil asking your opinion.
(few minutes a go i posted something same but power trip so i dont know its manage to go throw)

Anonymous said...

When the Truth start to come out to show that
1. RPK SD is a Blatant Lie ~ which you purposely help to propagate.
2. The evidence of current sodomise charge start to reveal itself which you purposely made into conspiracy theory.
3. The Bala SD which is obvious a pay-off by the Sodomist which you know but still hold on to it.
4. Bala retraction which you purposely claimed to be due to duress.
5. Bala disappearance you purpose lay on Najib.

And when all these have start to show how Bloody Heart you have ... now you try to divert our attention to law, and other things.

Finish you game properly ... and stop calling yourself a truth seeker or justice or whatever. You just a bunch of LIE propagator, slanderer, with not a bit of self-conscience at all.

You can stop PRAYING for GOd sake.

The TRUE Truth Seeker.

adam said...

The PM had obviously not read this piece of gem. Instead of directing investigations into the various complaints he joined his boys and girls and asked bloggers to stop blogging and not to spread bad news (i.e sweep everything under the carpet, smile and live as usual even though we are all being screwed left right and centre).

Those culprits involved must be laughing all the way to hell.

So much for our hope of restotration of good governance from the PM...sigh...

mei1 said...

Anonymous on July 7, your remarks smack of you're the one that can't different what is TRUTH. Have you been following the news closely & spare a minute to think a bit logically what's going on & who actually are the slanders, liars or did not tell the truth? If MIS has been what you accused to be, I believe your comment would not even get posted here. Pls use your brain & think again.

Anonymous said...

Oppps.... sorry .
No .. it is not MIS that i was talking about.

I post on the Wrong Blog due to Blogging disorientation.

Sorry guys and sorry MIS.

~The Truth Seeker who post on Salah Blog~