CH A PT E R 1
SUHAKAM also realised the importance of awareness – raising on the issue of the death
penalty among the different levels of the community, including government officials,
civil society organisations, academicians, students and the general public. In this
regard, SUHAKAM would continue to work with its partners to explore ways and means
to advocate for the abolition of the death penalty in the country.
7. SUHAKAM’s Role in Court
Watching Brief in Courts
SUHAKAM reiterates its stance that the judicial system is a vital organ of the State to
protect and provide checks and balances with regard to the fundamental rights of
individuals. Since 2011, SUHAKAM has actively held watching briefs in cases involving
various human rights issues and is thankful to the courts for accepting SUHAKAM’s
request to do so. In 2018, SUHAKAM held watching brief in the following cases:
i.
Chan Tsu Chong & Ors v Suruhanjaya Pilihan Raya & 2 ors – Judicial Review on the
Redelineation;
ii. PP v Lam Chang Nam – the abduction of Pastor Raymond Koh Keng Joo;
iii. Pang Wee See & Yee Oii Pah @ Yee Ooi Wah v Pendaftar Besar Kelahiran dan
Kematian, Malaysia; Cheong Kok Fai & Yok Lian v Pendaftar Besar Kelahiran
dan Kematian, Malaysia; Than Siew Beng & Alexander Than Keng Mun v Ketua
Pengarah Jabatan Pendaftaran Negara & Lain-lain; Lim Jen Hsian & Lim Zu Yi v
Ketua Pengarah Jabatan Pendaftaran Negara; and Augustina a/l Lourdsamy
& Lain-lain v Madhuvita Janjara Augustin – these cases touched on the issue of
citizenship of adopted children and legitimised children;
iv. Maqsood Ahmad & 38 Ors v Ketua Pegawai Penguatkuasa Agama & 4 Ors – a
case related to freedom of belief and religion;
v. One case involved the detention of 11 Uighur detainees; and
vi. Rosliza binti Ibrahim v State Government of Selangor – a case related to freedom
of religion.
For the purpose of watching briefs, SUHAKAM was represented by counsel from the Bar
Council, namely Mr. Mansoor Saat, Mr. Collin Andrew, Mr. Annou Xavier and Ms. Larissa
Ann Louis. The representation was done on a pro bono basis.
Apart from holding watching briefs in the civil courts, SUHAKAM also has been given
permission to hold watching briefs in the syariah courts. It is hopeful that the latter can
be carried out in the near future when a suitable case comes up. To date, SUHAKAM is
still engaging with relevant stakeholders including the Syariah Lawyers Association to
familiarise them with the concept of watching brief.
SUHAKAM
ANNUAL REPORT 2018
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