By Yusmadi Yusoff
AUG 7 — We have been incessantly reminded by government leaders that we should abide by the law. That, in order for justice to prevail, we should uphold the rule of law. The Prime Minister again reminded us that we should be fair and that the law must allow a complainant to seek legitimate redress.
The Prime Minister cautioned the public to “remember” that there is a valid complaint by Mohd Saiful Bukhari Azlan against Datuk Seri Anwar Ibrahim to be entertained. That it was, after all, done in accordance with the dictates of the law.
That, again, any public outcry against the charges framed against Anwar is unnecessary and would jeopardise peace and order in society. As we moved into another series of the Anwar Ibrahim trials, reminiscent of the 1998 saga, we have again been given legal tutelage by government ministers.
It is assumed that as long as the process involves the court of law, justice would prevail. It is also assumed that a charge can only be framed in the face of credible evidence, as weighed by the institutions of justice. These are the assumptions thrown about in the mainstream media on a daily basis, so that the people understand and appreciate that the fair game of justice is at work.
We have been made to understand that we should let the law take its course. Lady Justice, holding the balancing scales, would forever be blinded from prejudices and would decide without fear or favour. The assumption is only theoretically correct, lest we forget that even justice can be a game, with willing pawns, charting its own rules for its own needs.
The free use of the terms “rule of law” and “due process” as a means to justify action by politicians demands serious examination. As simple as it sounds, “rule of law” in fact reflects a serious concept which has often been misused and its philosophical and jurisprudential considerations largely ignored.
First and foremost, rule of law does not equate to mere application of rule by law, regardless of the substance of the law invoked. Throughout history, laws have constantly been challenged for elements of discrimination and oppression. Hence, even the substance of the law must be examined before the application of the law can be accepted.
Secondly, rule of law, even at its most minimal level, demands the application of the law to be devoid of external influences, especially governmental influence and that the institution adjudicating the laws ought to be free from corruption. External influences create ripples of instability, which may grow and endanger the order and legal certainty that is assumed with the rule of law. Rule of law shares an extremely intimate relationship with the other dimensions of a democratic government. In the truest form, it demands an independent judiciary, political rights, civil liberties and mechanisms of accountability to ensure that it remains true to form.
Thirdly, we have to understand that rule of law rests on the pillar of democracy. In a society where the word of the minister is often quoted to be the gospel truth, we need to urgently step back and recall Thomas Paine’s warning that “in absolute governments, the King is law, so in free countries the law ought to be King and there ought to be no other”.
Before parading the rule of law to diplomats and the media, as constantly exercised by Home Minister Datuk Syed Hamid Albar, we have to first honestly answer if we have been a free country in our practice of the law. We are hard pressed to honestly answer if we have been a country which protects, strengthens and empowers the agents of the rule of law.
Democracy, protection of human rights and protection from bureaucratic caprice and corruption certainly cannot be divorced from the discussion with regards to the rule of law. Any attempt to do so means that the rules which have been promulgated exist within a system which is known only to autocratic despots and German Nazis. The notion that rule of law is an automated system which guarantees justice cannot be true when the substance of the law and its agents are constantly questioned even by the very people governed by the system.
Serious doubts and questions were asked by the Bar Council and the public, mainly through the alternative media, on the veracity of the charges made in the police report. Yet, the questions posed were replied by affording denials, almost evasive if one were to recall the media statements made by Hospital Pusrawi on the medical report of Saiful Bukhari.
The call by the Prime Minister himself for Anwar to “deliver” his DNA to the authorities is another incident which smacks of legal and scientific ignorance. The public demanded answers and obtained denials. They may have been “answers” but in fact, they created further questions and undoubtedly fuelled further speculation. More damaging, the “rule of law” as practised in Malaysia, now hangs precariously for the whole world to see.
The controversial trials of Norita Samsudin and Datuk Norjan Khan and, lately, of Altantuya Shariibuu certainly beg the question of whether the rule of law is in place. In the eyes of the public, the institutions of justice have not “delivered” up to expectations. The lack of public confidence automatically means the lack of “legitimacy”. In short, the rule of law cannot exist in the true sense when it is administered by a questionable system.
The philosophy of punishment is deterrence. Yet, there would be none should the delivery mechanism be tainted with abuse and doubted by the people it serves.
Rule of law demands categorical commitment to democracy and basic protection of human rights. Anything less means that we are not entitled to invoke it as a tool to justify action. The rights of not one but all citizens are at risk without a vigorous application of a truly democratic rule of law.
Often quoting or misquoting the “rule of law” in order to justify questionable action in the face of glaring questions is a retrogressive and an unabashed embrace of Machiavellian politics — that the end justifies the means. Getulio Vargas, the former Brazilian President, was reported to have said: “For my friends, everything, for my enemies the law.” Such is the power of the law.
Yusmadi Yusoff is the Parti Keadilan Rakyat MP for Balik Pulau and currently a Fellow at the Center on Democracy, Development and the Rule of Law at Stanford University, the United States.
No rule of law can explain the below! Just an immature opinion…..
The underlying issue is that someone needs a head doctor ! The charge is consensual
anal intercourse in which is against the law. Let’s review what we have hypothetically here
First – I consent to give my anal to you. So, I must be gay
Second – After with consent giving my anal to you, I decide to lodge a police report saying that I have given my anal to you.
Third – This person must have limited understanding of the laws revolving around anal intercourse as one party is charged and the other is Ok?
Now, who is stupid enough to break the law by ever willing to give his anal to another person and then lodge a police report saying that he had consented by giving his anal previously!
Parental guidance is need here as well. Obviously, someone intends to be Malaysia’s most famous “Pondan†or “Bapuk†in town and being naïve to understand the risk of going to jail for giving his anal with consent….
Study Psychology ! A field that may come in handy in years to come!
Sdr. yusmadi..
Your article is a piece of “gem”…very impressive…congratulations!!
Hope to see more of this in the future.
great piece of writing - YB Yusmadi…
A timely and well written tome on rule of law”. This government has much to answer for in their use and promulgation of law.Wthout question, their stewardship of justice, freedom and rights have been retrogressive rather than progressive for an emerging society like Malaysia and in fact has been found wanting, and not by a short degree.
To put it mildly a change of government is long overdue.
The law in Malaysia have long been a laughing stock on international stage. The law here is not use to serve justice, but it is being use to oppress people from the truth. It is also being use as an intimidating tool, which also serves as a warning to others who does not fall in line with the government’s needs.
Yes we can see some common thefts being caught and sentence from time to time, but at the same time ‘Big Guns’ in the government are getting away with serious malpractice and criminal linkages.
The charges leveled against Anwar is non other then a desperate political move to hinder the wind of change brought about by Anwar and Pakatan Rakyat. Leaders in the government now fear the worst. Once they loses power in September, all their corruptions and abuse of power will then be exposed and they will have to face the music. They fear that justice & democracy will finally win.
As a Malaysian, who have had enough of this drama from the government, I am asking for the government to stop all these nonsense immediately… stop making a mockery of our justice system by putting in fabricated evidence, stop using the police as an intimidating tool to scare the people, stop putting shame to Malaysia with embarrassing comments from minister, stop putting burden on the people for your incompetency to manage the country. We have given you (BN) the mandate for the last 50 years, but you have done nothing but cheated us of our trust.
It’s time for a change - you can either embrace it, or it will be forced upon you!
They (BN/UMNO) build their world with great corruption to force on us the devil’s illusion.
Kita dapati terlalu banyak ‘beruk’ yang membuat intepretasi mengenai ‘law’ di negara kita. Perdana Menteri sendiri pun jadi ‘beruk’ dengan mengungkit dan menyebut secara jelas bahawa budak ‘dajai’ tu mesti diberikan perlindungan/keadilan kononnya beliau teraniaya.
Budak ‘dajai’ tu melaporkan, maka keadilan perlu diberikan. Soalnya, atas dasar apa?
Apa bentuk laporannya. yang hingga kini masih tidak dapat diperoleh walaupun Anwar telah pun dicaj di mahkamah atas tuduhan yang pelik dan khianat.
Beginikah cara ‘beruk-beruk’ itu mentadbir negara yang bertuah ini?
Sedangkan Khir Toyo sendiri dilingkari oleh 25 laporan salah guna kuasa dan rasuah, yang jelas melibatkan kepentingan ramai, kepentingan negeri dan negara, tetapi beruk itu semua tidak berbuat apa-apa? BPR diam. Usuru jenayah ada di dalamnya, tetapi polis membisu macam biawak mampus!
Kita tidak mahu orang luar melihat negara ini bagaikan sebuah negara ‘beruk’. Sudah cukup la dengan menantu PM yang berlagak beruk (lihat ketika pilihanraya kecil Ijok dulu). Kita tidak mahu terus ditetawakan.
Lebih kelakar lagi budak ‘dajai’ tu diberikan perlindungan istimewa, secara bebas boleh mencerca melalui blognya. Sedangkan mengikut laporan inteligence, Anwar yang berada dalam fokus ancaman pihak-pihak yang bertujuan membunuhnya.
Kenapa budak ‘dajai’ itu diberikan perlindungan? Persekongkolan ini yang dilihat orang sebagai tindakan sang beruk itu. Oleh kerana ketua pentadbirnya Dolah Badawi, maka orang melihat beliau bagaikan seekor beruk; yang memenuhkan bahagian tepi gelembung pipinya dengan makanan, tetapi dia tidak sedar apa-apa.
Beruk terus bercakap, tanpa menyedari apa yang diperkatakan!
Sedih dan amat menyedihkan. Malu usah dikira la…. Ikanlepu seakan-akan malu menjadi rakyat negara ini selagi beruk-beruk itu masih berkeliaran.
Beruk itu semua patut ditangkap dan dipasungkan sahaja. Mereka perlu didakwa atas kebodohan mereka. Biar mereka sedar yang diri mereka itu beruk yang tidak memberi guna apa-apa!
what a sleepy head statements by the sleepy head pm!!! shame on me to claim that i am malaysian. not proud to be malaysian.
Q11. Free education is a right for all Malaysian children. (True or False)
Pendidikan percuma adalah hak semua anak-anak rakyat Malaysia. (Betul atau Salah)
Q12. Free healthcare is a right of all Malaysians. (True or False)
Perubatan percuma adalah hak semua rakyat Malaysia. (Betul atau Salah)
Q13. Free speech is a right of all Malaysians. (True or False)
Kebebasan bersuara adalah hak semua rakyat Malaysia. (Betul atau Salah)
Q14. Freedom of religions and beliefs is a right of all Malaysians. (True or False)
Kebebasan ugama dan kepercayaan adalah hak semua rakyat Malaysia (Betul atau Salah)
Q15. Liberty is a right of all Malaysians. (True or False)
Kebebasan diri adalah hak semua rakyat Malaysia. (Betul atau Salah)
……….cont’d to Q 50.
……….sambungan sahingga Soalan 50.
Answers at http://patek1472.wordpress.com
Jawapan di http://patek1472.wordpress.com
In any country where there’s rule
We pray it won’t be changed to mule
And where there’s talk about law
It won’t be roughly used as a saw
(C) Samuel Goh Kim Eng - 080808
http://MotivationInMotion.blogspot.com
Fri. 8th Aug. 2008.
Salam Malaysia,
RULE OF LAW and DUE PROCESS..?Malaysian is govt by MALAY stupid creatures.!!How could they know ENGLISH.??Of course they know how to speak but surely they dont understand the meaning of RULE OF LAW and DUE PROCESS.We the neighbouring country are observing them long time ago and there is no different up to now.So dont be SURPRISE by their stupidity coz they are cow or parrot that know how to talk but dont understand at all what they are saying.That is the REALITY..!!But they know how to “CREATED”CONSPIRACY..!!
Bravo!! Well said and I hope more Malaysian citizens have your clarity.
DSAI,
PASTIKAN DSAI TIDAK DIHUMBAN KE PENJARA UMNO.
JANGAN BAGI PINTU PENJARA BN TERBUKA LUAS UNTUK DSAI.
MALAH KITA PULA AKN HUMBAN KE PENJARA MEREKA SENDIRI.
JANGAN INGAT ORANG UMNO BOLEH BUAT SUKA SUKA HATI PADA DSAI.
RAKYAT TAK TAKUT DENGAN FRU, POLIS DAN TENTERA TENTERA BN YANG BACUL TU.
SAYA DOAKAN AGAR PENJARA BN AKAN DIKHUSUSKAN UNTUK ORANG BN YANG KHIANAT DAN ZALIM.
Let’s see if this will apply IF the ACA ever charge PM & DPM !
” Empty vessels makes the most stupidest noise …! ”
Damn blady usless fella…..
Malaysia ah..! Malu only…… I use to be so proud to say I am ‘Malaysian’.
Now I just keep my blady mouth shut..!
If i m not mistaken, this year 2008 there r a lot of police report, people missing in action, ACA report, NO confidence from within & the rakyat, etc…..
I wonder what our foriegn investors r planning right now.
Hmmmm……………………!
THE PM WITH HIS ‘MR.NICE GUY’ IMAGE HAS SUCESSFULLY HOODWINKED MALAYSIANS WITH HIS PROMISE OF REFORM OF THE CORRUPTED LAW ENFORCEMENT AND THE DISCREDITED JUDICIARY.FOR ALL INTENTS AND PURPOSES,THE SYSTEM OF’ RULE OF APA-NAMA LAW’OF 1998 IS STILL INTACT ,SIMPLY BECAUSE IT IS A VERY USEFUL POLITIAL TOOL. IT IS SPECIFICALLY DESIGNED TO DESTROY A POLITICAL CHALLENGER AND TO PROTECT AND SAFEGUARD THE CONTINUED POLITICAL SURVIVALOF THE CHALLENGED.THE NAME OF THE GAME IS ‘SODOMY’..SELECED FOR PURPOSE OF CAUSING MAXIMUM DAMAGE TO THE IMAGE AND CHARACTER OF THE CHALLNGER.
LET US LOOK AT THE SODOMY PLOY OF 1998 TO APPRECIATE HOW OUR VERY OWN SYSTEM OF RULE OF LAW WAS ‘INTERPRETED AND APPLIED’
THE HELPLESS MALAYSIANS AND THE SHOCKED INTERNATIONAL COMMUNITY WATCHED IN HORROR THE WAY THE SHAM TRIAL WAS STAGED. IT WAS OBVIOUS THAT THE LAW ENFORCEMENT CONSPIRED WITH THE JUDICIARY TO FIND ANWAR GUILTY BASED ON TRIUMPHED CHARGES AND FABRICATED EVIDENCE.THE VERDICT LOOKED AND SOUNDED LIKE IT WAS PRE-DETERMINED.THE TRIAL WAS A SHAM. ANWAR WAS DENIED JUSTICE . UNDER SUCH A CORRUPTED REGIME WITH SUCH A ‘SYSTEM OF RULE OF APA -NAMA LAW’,EVEN ALL THE BEST LEGAL BRAINS IN THE WORLD COULD NOT HAVE SAVED ANWAR.YES,IT WAS ALL SO CONVENIENT,SO SIMPLE AND SO EASY.
… IT WAS CONVENIENT TO HAVE SUCH A SYSTEM OF LAW TO DESTROY POLITICAL OPPONENTS
. .IT WAS SO SIMPLE TO ORDER THE ‘BEHOLDEN’ LAW ENFORCEMENT AND THE JUDICIARY TO SPEAK IN ONE
VOICE…. HIS MASTER’S VOICE.
….IT WAS SO EASY TO COMMAND THE SERVILE PRESS TO ECHO AND REECHO THE MASTER’S VOICE..UNTIL THE
PEOPLES’VOICE IS SILENCED TO KEEP THEM BLISSFULLY IGNORANT OF THE APPLICATTON OF OUR
….OWN LAWS.
HOPEFULLY , THE SECOND SODOMY TRIAL WILL NOT TURN OUT TO BE ANOTHE SHAM.
I don’t like the word ‘fair’ is should be ‘firm’. The PM is not a firm man nor he is fair iether in dealing with the country or himself as a whole. To him LAW means LOSE AND WIN. He alway think that way, his Party win and the other Party lose. Poor Knowledge of law. Hopeless.
Great article! keep up the good work
I am glad that we have intellectual like YB Yusmadi as our political leader. Please kick out all those morons who cannot even speak, leave alone write.
FYI I am still in a deep trauma since the last respond by Zainuddin Maidin to Al Jazeera about the Bersih Rally. “We Malaysian are laugh at you…..this disperse is illegal….we are not burma…myanmar…we ae not like Pakistan”….dont you think we need to send our politicians back to school to avoid further shame to our nation?