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19 October 1999
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19 October 1999
UNITED NATIONS RIGHTS EXPERT "DISMAYED" OVER MALAYSIAN HIGH COURT DECISION ON CASE OF SPECIAL RAPPORTEUR ON INDEPENDENCE OF JUDICIARY
The Chairperson of the Sixth Meeting of United Nations Special Rapporteurs and other independent experts, Sir Nigel Rodley, expressed dismay today over yesterday's decision by the High Court of Malaysia holding that the country's courts were not bound by the April 1999 decision of the International Court of Justice, or World Court, ruling that the Special Rapporteur on independence of judges and lawyers, Dato' Param Cumaraswamy, should be granted immunity from civil suits brought against him for statements made in his capacity as an independent expert on mission for the United Nations.
In its April decision, the World Court found that as a signatory to the United Nations Convention on Privileges and Immunities, the Malaysian Government should not have allowed libel lawsuits totaling 426 million ringit ($112 million) to be filed against the Special Rapporteur.
The Chairperson noted that in the hearing before the World Court, the Solicitor General of Malaysia had given her assurances that the Government of Malaysia recognized the binding quality of the advisory opinion of the Court in accordance with Section 30 of the Convention. Yesterday's decision by the High Court would put Malaysia in violation of this pledge and its international obligations, he said, adding that it is also an offence to the authority of the World Court and, as previous Chairpersons of the grouping of Special Rapporteurs have repeatedly stated, a serious threat to the entire system of special procedure mechanisms of the Commission on Human Rights.
The Chairperson urged the Government of Malaysia to intervene immediately in the matter to prevail upon the Court to accept the Special Rapporteur's immunity as determined by the World Court.
UNITED NATIONS RIGHTS EXPERT "DISMAYED" OVER MALAYSIAN HIGH COURT DECISION ON CASE OF SPECIAL RAPPORTEUR ON INDEPENDENCE OF JUDICIARY
The Chairperson of the Sixth Meeting of United Nations Special Rapporteurs and other independent experts, Sir Nigel Rodley, expressed dismay today over yesterday's decision by the High Court of Malaysia holding that the country's courts were not bound by the April 1999 decision of the International Court of Justice, or World Court, ruling that the Special Rapporteur on independence of judges and lawyers, Dato' Param Cumaraswamy, should be granted immunity from civil suits brought against him for statements made in his capacity as an independent expert on mission for the United Nations.
In its April decision, the World Court found that as a signatory to the United Nations Convention on Privileges and Immunities, the Malaysian Government should not have allowed libel lawsuits totaling 426 million ringit ($112 million) to be filed against the Special Rapporteur.
The Chairperson noted that in the hearing before the World Court, the Solicitor General of Malaysia had given her assurances that the Government of Malaysia recognized the binding quality of the advisory opinion of the Court in accordance with Section 30 of the Convention. Yesterday's decision by the High Court would put Malaysia in violation of this pledge and its international obligations, he said, adding that it is also an offence to the authority of the World Court and, as previous Chairpersons of the grouping of Special Rapporteurs have repeatedly stated, a serious threat to the entire system of special procedure mechanisms of the Commission on Human Rights.
The Chairperson urged the Government of Malaysia to intervene immediately in the matter to prevail upon the Court to accept the Special Rapporteur's immunity as determined by the World Court.