September 9, 1999
September 9, 1999
Contact HRF Communications (212) 845 5245 media@humanrightsfirst.org
Human Rights First Condemns Malaysian Failure to Comply With World Court Decision
Immunity for U.N. Official Not Yet Secured
New York, NY, September 9, 1999 -- Human Rights First today condemned Malaysia’s failure to comply with a binding decision of the International Court of Justice, which requires Malaysia to provide immunity from four civil lawsuits for Dato’ Param Cumaraswamy, the United Nations Special Rapporteur on the Independence of Judges and Lawyers.
Rather than implement the decision, Malaysian courts are moving toward trial in at least one of the lawsuits against Mr. Cumaraswamy. In a letter sent to Attorney General Tun Sri Mohtar Abdullah, Human Rights First urged Malaysia to "take immediate steps" to give effect to the April 29, 1999 decision securing Mr. Cumaraswamy’s immunity.
"Malaysia has failed to implement the binding terms of the World Court’s decision by moving towards trial in the cases against Mr. Cumaraswamy," stated Robert O. Weiner, Director of Human Rights First’s Protection Program. "Ignoring the decision shows contempt for the U.N. system and further erodes Malaysia’s international credibility."
Mr. Cumaraswamy, a prominent Malaysian attorney, was commissioned by the UN to investigate the independence of judges and lawyers around the world. While conducting a preliminary investigation into the Malaysian judiciary he made comments regarding the ability of certain powerful companies to influence the outcome of a court case. In accordance with an international convention regarding immunities for UN officials, UN Secretary General Kofi Annan certified that Mr. Cumaraswamy was immune from defamation actions on the grounds that the comments were made during a UN mission. The Malaysian government ignored the Secretary General’s certificate and the defamation actions proceeded until the International Court agreed to consider the question.