MEETING OF HUMAN RIGHTS OFFICIALS: JUDICIAL HARASSMENT OF SPECIAL RAPPORTEUR BY MALAYSIAN COURTS IS A CHALLENGE TO THE WHOLE UNITED NATIONS SYSTEM

HR/98/37
9 June 1998


The fifth meeting of Special Rapporteurs/Representatives/Experts and Chairpersons of Working Groups of the Commission on Human Rights and of the Advisory Services Programmes, held in Geneva from 26 to 29 May 1998, expresses serious concern about the judicial harassment meted out to Mr. Param Cumaraswamy, the Special Rapporteur on the independence of judges and lawyers.

The participants were disappointed that, despite the continuous appeals during the course of the last year, the legal proceedings involving a civil action in the Malaysian courts against Mr. Cumaraswamy, had not been terminated. Indeed, the Malaysian High Court had ignored the assertion by the Secretary-General of the United Nations of immunity attaching to the acts that are the subject of the proceedings. Article VI, section 22 of the Convention on Privileges and Immunities of the United Nations lays down that experts on mission enjoy immunity from legal process of every kind in "respect of words spoken or written ... in the course of the performance of their mission." The meeting welcomes the determination of the Secretary-General, as already urged by the participants at last year's meeting, that a dispute now exists between the United Nations and Malaysia, within the meaning of Article VIII, section 30 of the Convention.

The participants consider that the Malaysian court decision to permit continuation of the proceedings represents not only a legally indefensible and oppressive attack against Mr. Cumaraswamy, but a challenge to the status of the United Nations as a whole, its officials and its experts on mission, including the mechanisms established by the Commission on Human Rights, as approved by the Economic and Social Council.

They therefore respectfully request the Secretary-General to take immediate and necessary measures to have the dispute promptly referred, pursuant to Article VIII, section 30, to the International Court of Justice for conclusive disposition.

They request the Chairperson of the Meeting to bring this statement to the attention of the Secretary-General, the High Commissioner for Human Rights, the Legal Counsel and the Chairman of the Commission on Human Rights, and to make it public.