Monday 27 April 2009

Some Reading Material on Police and You

Recently, a friend and colleague in a recently-not-so-popular organisation proposed that our state youth legal bureau should co-operate with the state youth education bureau to organise public lectures on aspects of law. "Aspects of Law" -- the phrase sounds good. Work will begin, foreseeably, soon. We have an able bodied team of lawyers who are quite co-operative. One of the topics mooted was the rights of a person upon arrest. Whilst planning the upcoming programme, I wondered if there are materials available online. The Red Book came to mind. These are some materials available online.

  1. The Manor Farm Journal - blog by a photographer in KL. Quite a good write up in three parts on the Police and your Basic Rights. Here are parts one, two and three.
  2. The Malaysian Bar Council - Police and Your Basic Rights, a.k.a. The RED BOOK. 1.09mb download from Malaysian Bar website. 40kb download, at Pink Triangle Foundation Malaysia

In other jurisdictions:

  1. UK - Your rights on arrest
  2. Australia - Your rights under arrest (NSW Police) (NSW Law Society)
  3. Netherlands - Custody, remand in police custody and pre-trial detention.
  4. Bangladesh - Police remand, concept and procedure.

Somehow I wish that somebody would convert the Red Book into a comic book. More people might be motivated to read the book that way.

Sunday 12 April 2009

Recommended Article: The Meanings of Change

This is a time of change. Everybody's been talking about change. Ever since Obama started with his slogan, "Change We Can Believe In", the whole world, including Malaysia, has been talking about change. But change for the sake of change, is dangerous. It is like driving for the sake of driving -- without a clear view of the expected outcome. But by and large leaders are recognised as such because of their ability to lead -- and to voice the desires of the hoi polloi. True leaders represent the ordinary men on the street inasmuch as they represent the upper echelons of their own political machinery. The wonder is that these leaders, who represent both the internal voices of their own parties, manage to reconcile their party's aims with that of the greater public. Perhaps the motivating factor is survival, more than a genuine desire to conform to what society requires. But then, society has never been a homogenous creature. People change their position and opinions throughout time and are receptive to opinions and suggestions offered over time.

In the 2-8 April 2009 edition of Al-Ahram Online, Galal Nassar wrote an opinion piece titled "The Meanings of Change". The caption below the title was "Why such a great fear of democracy? Galal Nassar examines the pathology of apathy." I found the article quite good and would like for my friends and visitors to take a look at it. 

The link to the article is here. It may be worth remembering that he is speaking about change and democracy in Arab politics. Some parts of the article may strike a chord with Malaysians.

On the general fear of change:

It is uncertain whether the public has a clear idea of what change means apart, perhaps, from different faces at the top or, at best, different sectarian, ethnic or social affiliations on the part of the groups holding the reins of power.  ... In part the condition is the consequence of an erosion in the meaning of politics, which has been reduced in the general public's perception to a set of models for government -- socialist, liberal, Islamist or otherwise. These models are immutable, their aims and objectives indisputable, their success contingent upon the ability to attain power of a particular social group, whether owing to its privileged position in the military/security establishment, its alliance with outside forces, or a combination of the two. The average individual is helpless to determine the type of government that ends up controlling his/her future.

On the Arab fear of democracy:

Unfortunately, many see democracy not as .... a new social contract based on equal rights for all, the rule of law, and the peaceful rotation of power. They regard it as an attempt to revive patterns of Western liberal rule that serve only the interests of a new clique that is striving to attain power against the backdrop of a changing international environment.

The article may cause a few to yawn and so we will not discuss its innards in details. The writer's conclusion, which may again strike a few chords:

A people is not merely an amalgamation of persons living in the same geographical vicinity. It is a political relationship between individuals established on the basis of such principles as peaceful coexistence, mutual respect, equality and mutual support. It is a moral, cultural and legal order. Without such a moral framework, ... there can be no sense of mutual trust, no communal bond, no collective will and, hence, no political order in the modern sense. What is left, then, is ... : an authoritarian regime in which a clique of rulers remains in power by virtue of its control over the security agencies and in which the people have no proper understanding of the ethics and exercise of politics ...

In this great nation of ours, however, it must be said that democracy is well and alive. It is just that different quarters may interpret democracy in different ways. Some view democracy through Western eyes while others may view democracy through the lens of history. The way democracy is interpreted by different quarters may mean that the same slogans are shouted but understood differently by different quarters. This wilful misunderstanding may very well have been part of the reason unity is forged despite differing understandings of the same concept. This may well form fodder for another article. As such, I fully recommend the visitor to visit the link to the Al-Ahram article above.

Thursday 9 April 2009

Text of Terrorism

Today I stumbled across some texts that had motivated grown men to acts of violence. Terrorism is an ugly thing and scars us all for the worse. Those of us who have been affected by it will forever remember it. Those amongst us who are tainted by its murky tinge will be affected by it for a long time. It is difficult to change the mind of one who has been convinced by the arguments of terrorism. How can acts of physical violence ultimately bring about peace? Should not peace be commenced by negotiations and laws?

Terrorist can be defined simply as the act of compelling compliance with demands by means of inducing fear or terror. It usually applies to groups, not to individuals. These groups must be ideologically motivated -- there is no meaning in terrorism if there is no underlying ideology. And finally the fear or terror is induced by physical violence. The definition may be unnecessarily long but imagine the confusion if an innocent organization such as PETA is to be labelled a terrorist group, having induced fear and/or terror to compel compliance with their demands. 

The texts which have caught my eye are the manual of the Al-Qaeda. You can view them directly at the following:

Basically the first link is for the "clean" version (2 mb) and the second link is for the scanned version (8 mb). They are one and the same text. The text was found in a computer file in Manchester, England, during the search / raid of a house. It was an exhibit in a trial in New York. 

You can access the rest of the list at the webpage known as Para-States - Liberation Movements, Terrorist Organizations, and Others. You can access the main site at the Federation of American Scientists website.

Sunday 5 April 2009

Downturn Affects Legal Firms

New York Times, in its editorial, With the Downturn, It's Time to Rethink the Legal Profession (Ref: NYT, 1st April 2009. URL: http://www.nytimes.com/2009/04/02/opinion/02thu4.html?_r=1&em), noted that many legal firms have closed down in the face of the economic crisis. It also noted: "Tight corporate budgets will give clients more leverage to push to pay by the project or for successful outcomes." While it is possible to imagine that an unsuccessful case will mean an unhappy client, charging by the success of the outcome is unfair for the lawyer who has spent countless hours researching and preparing for a case. Taking instruction, interviewing, drafting, liaising, confirmation, research, and further research, and finally cranking out the final copy of the documents, followed by a harrowing chase-about of service of documents, leads to a lot of work and effort being poured into every single court case.

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