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July 9, 2008 S'pore should free courts from govt influence: lawyers group SINGAPORE should free its courts from any government influence and elevate human rights standards to international levels, the world's largest legal association said. The International Bar Association's (IBA) human rights arm expressed concern over the limitations of freedom of expression and the independence of Singapore courts in a 72-page report released late in London on Tuesday. 'In particular, democratic debate and media comment are extremely restricted and government officials have initiated numerous successful defamation suits against both political and media critics,' said the association's executive director Mr Mark Ellis. The global legal association noted that while the city-state had a good reputation when adjudicating commercial cases that did not involve members of the ruling People's Action Party (PAP), when it came to matters regarding PAP litigants 'there are concerns about an actual or apparent lack of impartiality'. The London-based body of more than 30,000 member lawyers globally also said that while Singapore fared well in commercial and economic rankings, it fared poorly in press freedom rankings, which it said was a concern given that a free press can generate important dialogue on issues. 'Singapore cannot continue to claim that civil and political rights must take a back seat to economic rights, as its economic development is now of the highest order,' the report said. 'The International Bar Association Human Rights Institute strongly encourages Singapore to engage with the international community in a more constructive manner, and to take steps to implement international standards of human rights,' it said. The Singapore government did not immediately comment. Defamation suits Singapore, where the IBA held its annual conference last year, is among the most developed nations in Asia, with the second highest GDP per capita after Japan. However, media and human rights groups such as Amnesty International have criticised the government for restricting freedom of expression and using defamation lawsuits to financially cripple political opponents. In a list of 18 recommendations, the IBA urged the Singapore government to ratify the United Nations International Covenant on Civil and Political Rights, ease restrictions on the media and ensure that its courts are free from government influence. IBA executive director said in a statement Singapore should be a leader in human-rights, and its advancement would be complementary to the city-state's future prosperity. The IBA also noted that some publications, including The Economist and the Financial Times, have paid out-of-court settlements to avoid defamation lawsuits. The government says these lawsuits are needed to protect its reputation. The legal body suggested the government set limits on defamation payouts in cases initiated by government officials. At the convention last October, Singapore's Minister Mentor Lee Kuan Yew said the city-state's citizens were free to read whatever they wanted. He said Singapore was built on the rule of law and did not tolerate corruption, in contrast to the surrounding region, where 'money politics' was a way of life. That meant defamation action may be taken against those who impute dishonesty among government officials, in order to clear any doubts, he said. -- REUTERS, AFP. http://www.straitstimes.com/Latest%2BNews/...ory_256122.html

June 11, 2008 M'sia's Mahathir faces accusation of making threat against judges KUALA LUMPUR - MALAYSIAN lawyers demanded an investigation on Wednesday into a judge's claim that former Prime Minister Mahathir Mohamad once threatened to oust judges if he disagreed with their verdicts. High Court Judge Ian Chin's accusation provides fodder for opposition leaders who want the courts to review key verdicts stretching back more than a decade because they insist that government interference has tainted many decisions. Judge Chin told an open court Monday that Dr Mahathir - who led Malaysia between 1981 and 2003 - made a 'thinly veiled threat' to judges who attended a conference in 1997 that they could be removed 'if any judgment is to his dislike'. Dr Mahathir's aide, Sufi Yusoff, said the former leader would respond to the accusation 'in due time'. Bar Council President Ambiga Sreenevasan urged the government on Wednesday to conduct an immediate investigation, stressing that 'elements of interference have to be put down once and for all'. 'Clearly there are many things that plagued the judiciary,' she told The Associated Press. 'We have to ensure this interference in the judiciary never happens again.' Dr Mahathir has long been accused by opposition leaders of interfering in the courts. He dismissed or suspended several top judges for alleged misconduct in 1988 in what was widely considered a move to quash the independence of the judiciary. Judge Chin made his claim while presiding over an election dispute in eastern Sarawak state, saying he wanted to disclose details of his previous cases related to politics. Chin also alleged that judges were sent to a seminar in 1997 in 'an attempt to indoctrinate (them) to hold the view that the government interest (was) more important than all else when we are considering our judgment'. A panel set up by the government to investigate possible judicial corruption said last month that it believed that prominent government and judicial figures - including Dr Mahathir - may have been involved in a conspiracy to manipulate the appointment of top judges. The claims surfaced after the opposition released a video last September that showed a lawyer speaking on the phone to a former top judge in 2001 about fixing judges' promotions. Dr Mahathir last month challenged the government to charge him in court after the Cabinet told the Attorney General's office to investigate the video further. -- AP http://www.straitstimes.com/Latest%2BNews/...82.html?vgnmr=1 The Storeyline June 11, 2008 M'sian judges allegedly sent to 'boot camp' for indoctrination KUALA LUMPUR - MALAYSIAN judges were sent to an indoctrination 'boot camp' to pressure them into making decisions that favoured the government, a senior judge said according to reports on Wednesday. In explosive allegations made in open court, Justice Ian Chin also said he was threatened by former premier Mahathir Mohamad over high-profile cases, one involving a close associate of the then-leader. 'Now, though he is no longer the prime minister and so no longer able to carry out his threat to remove judges, the coalition party that he led is still around,' he said. Justice Chin made the allegations, which were picked up by the national press on Wednesday, before hearing a dispute over results of March general elections in Sarawak state on Borneo island. He said he was targeted by Dr Mahathir after refusing to award 'astronomical' payouts in two libel cases in 1997, while a judge who agreed with the then-premier's views was promoted to the Federal Court. Afterwards, Justice Chin reportedly said he was packed off to a five-day boot camp with selected judges and judicial officers. It was without any doubt 'an attempt to indoctrinate those attending the boot camp to hold the view that the government interest as being more important than all else when we are considering our judgement', he said. Bar Council president Ambiga Sreenavasan called for an inquiry into the allegations, which she said were 'both startling and damning.' 'Judges, both present and past, must be encouraged to come forward and provide information on any such instances of interference so that further action may be taken,' she said. Dr Mahathir stood down in 2003 and his successor Abdullah Ahmad Badawi has been criticised for failing to carry out his promises to tackle corruption, which is deeply entrenched in politics and business. Justice Chin's allegations add to the pall cast over the country's judiciary by a recent royal commission into a sensational Dr Mahathir-era video clip that showed a top lawyer brokering judicial appointments with the help of politicians. The commission found in May that there was evidence of an 'insidious' conspiracy to influence the appointment of judges, and the government promised to investigate those implicated. Dr Mahathir has challenged the authorities to charge him. 'I want them to charge me in court. Only then will I have the opportunity to expose more conflicts faced by the judges, including those who have implicated me,' he said. -- AFP http://www.straitstimes.com/Latest%2BNews/...ory_246665.html