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For background to the case, go to the bottom of this Post, and read the articles by Lawyers for Liberty.
LAWYERS FOR LIBERTY
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Malaysiakini
COA upholds High Court verdict on unlawful arrest
The Court of Appeal found that the police were liable for unlawful arrest of five human rights lawyers in 2007.
PUTRAJAYA: The Court of Appeal today upheld a High Court decision which found the police liable for the unlawful arrest of five human rights lawyers and an activist who took part in the Human Rights Day Walk in Kuala Lumpur in 2007, and ordered them to pay RM10,000 in damages to each of the six men.
A three-member panel led by Zaharah Ibrahim unanimously dismissed the police and the government’s appeal to reverse the High Court decision declaring as unlawful the arrest of the six people and awarding them RM10,000 each in general damages and RM60,000 in legal costs.
The panel, which also comprised Justices Anantham Kasinather and Abdul Aziz Abd Rahim, also dismissed the cross appeal brought by R. Sivarasa, N. Surendran, Latheefa Beebi Koya, Eric Paulsen, Amer Hamzah Arshad and activist Johny Andu alias Abu Bakar Adnan for a higher quantum of damages.
Justice Zaharah did not award costs.
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Sundaily
Govt to pay RM120,000 for wrongful arrest of five lawyers
KUALA LUMPUR (July 10, 2013): A police mistake in arresting five lawyers and a human rights activist during the Human Rights Day Walk on Dec 9, 2007 cost the government RM120,000 in damages and costs today.
High Court Judge Datuk John Louis O’Hara ordered the government to pay RM10,000 in damages to each of the six plaintiffs – lawyers R. Sivarasa, N. Surendran, Latheefa Koya, Eric Paulsen and Amer Hamzah Arshad, and human rights activist Johny Andu @ Abu Bakar Adnan.
He also ordered the government to pay RM60,000 in costs to the six who were unlawfully detained overnight.
Lawyers For Liberty @lawyers4liberty
@theSunDaily: Govt to pay RM120,000 for wrongful arrest of five lawyers | http://shar.es/AyOh7
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Malaysian Insider
Police acted unlawfully in arresting lawyers, activists, court rules
Malaysian police acted unlawfully in arresting six human rights lawyers and activists who took part in the Human Rights Day Walk in 2007, the Kuala Lumpur High Court ruled in a civil suit today.
High Court judge Datuk John Louis O’Hara awarded each plaintiff RM10,000 in general damages. He also awarded costs of RM60,000.
The six were R. Sivarasa, N. Surendran, Latheefa Koya, Eric Paulsen, Amer Hamzah Arshad and Johny Andu @ Abu Bakar Adnan.
The six filed a civil suit on December 8, 2010 against the then Dang Wangi deputy police chief, Superintendent Che Hamzah Che Ismail, the Inspector General of Police, the Home Ministry and the Government of Malaysia. – July 10, 2013.
O’Hara said: “This court has the opportunity to see videos and photographs of the incident and that helped the court tremendously in telling what actually took place on that day.
“The pivotal witness was Che Hamzah Che Ismail (first defendant). He was seen giving confusing, conflicting and contradictory instructions over the loud-hailer for the participants of the walk to disperse.”
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Che Hamzah was named as first defendant as he was the ‘ground commander’ for the operation against the human rights day event, which led to the unlawful arrest and detention even though he had given permission for the participants to walk.
O’Hara said Che Hamzah had allowed the participants “10 minutes”.
“But he was indecisive in the instructions he gave,” said the judge.
“Based on his instructions (from the video recording), I find it led the plaintiffs to believe they had 10 minutes to disperse.”
Hence, he said he found the arrests were unlawful despite having allowed them to walk for 10 minutes.
“I also found that the plaintiffs were denied their right to legal representation during detention,” said O’Hara.
Read the rest
Police acted unlawfully in arresting lawyers, activists, court rules
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Human rights lawyers/ activists sue the police for unlawful acts during the Human Rights Day walk in 2007
Press Statement: Six human rights lawyers/ activists, R.Sivarasa (also MP for Subang), N.Surendran, Latheefa Koya, Eric Paulsen, Amer Hamzah and Johny Andu today filed a civil suit at the Kuala Lumpur High Court for their unlawful arrest and detention during the Human Rights Day walk on 9 December 2007 which was held to commemorate World Human Rights Day that is celebrated all over the world.
The lawyers/ activists named Che Hamzah Che Ismail, the OCPD of IPD Dang Wangi as the First Defendant. He acted as the “Ground Commander” for the operation against the human rights day event which led to the unlawful arrest and detention even though he had given permission for the participants to walk. Also named as co-defendants are Ketua Polis Negara, Kementerian Dalam Negeri and Kerajaan Malayia.
The unlawful arrest and detention led to them being detained overnight in the police lockup and charged on the next day at the KL Sessions Court (1) on exaggerated, malicious and frivolous charges under Section 143 and 145 of the Penal Code (unlawful assembly with the intention to cause public nuisance) and alternatively under Section 27 of the Police Act (unlawful assembly).
During the charge, Attorney-General Abdul Gani Patail had outrageously and in bad faith tried to object to the bail application on the ground that since the accused persons had not adhered to the police warning not to assemble and walk, they pose a threat to national security! Bail was however granted to the lawyers/ activists on a “personal bond” of RM2,000 without surety. On 16 April 2009, at the end of the prosecution’s case, the judge bravely discharged and acquitted the accused persons of all charges.
In addition to unlawful arrest and detention, the lawyers/ activists are also claiming that they were the victims of malicious prosecution as the facts and circumstances of the case do not support such charges at all, and that the police had falsely and maliciously implicated them.
As a result of all these acts, the lawyers/ activists are among other things claiming for a declaration that their constitutional rights have been violated and that the police have acted wrongfully and unlawfully.They are also claiming exemplary and aggravated damages as it is right and fit to do so in this case as the police have clearly acted in manners that are oppressive, bothersome, intimidating, arbitrary, and frivolous and in breach of the Constitution, the law and procedures.
The suit was filed by Messrs Daim & Gamany. For further information, please contact N.Surendran at 012-320 7066 or Latheefa Koya at 012-384 2972.
Released by:
Lawyers for Liberty
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Human rights lawyers/ activists sue the police for unlawful acts …
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