Lawyers for Liberty is appalled by Judge Rohana Yusof’s summary dismissal of Hamza Kashgari’s habeas corpus application today on the ground that it was “academic” since he has been deported.
The judge also failed to allow or even to make a ruling on Hamza’s lawyers application to cross examine the immigration officers who affirmed the affidavits on behalf of the authorities when it was clear that the contents were unsatisfactory and highly misleading as they only made reference to the fact that he was deported while ignoring all the serious allegations made by Hamza’s lawyers.
This view is myopic of the larger picture that Hamza’s case represents i.e. the death of rule of law and due process in Malaysia. The judge should have taken the view, as provided for by the law, that such matters can be heard due to the larger public interest and public authorities that were involved, and especially on grave issues concerning the Malaysian Constitution and fundamental liberties.
Further, the judge also ignored the wide powers conferred on the courts to provide the necessary reliefs in a case such as Hamza where fundamental liberties have been infringed and instead took the easy was out.
The judge has clearly abdicated her judicial duties and effectively ruled that it was “legal” for the Malaysian authorities to secretly detain Hamza who was then holding a valid visa, to cancel his visa without a reason or hearing, to resist all attempts by lawyers to meet him, to practice deception on lawyers and the courts, and to deport him in shocking haste to face the death penalty in Saudi Arabia.
Lawyers for Liberty
22 February 2012
For more information, please contact Ms. Fadiah Nadwa Fikri, LFL campaign coordinator at: [email protected] or +6 012 465 1671