PETALING JAYA: A group of civil society organisations has called for the immediate and full disclosure of all documents related to former prime minister Datuk Seri Najib Razak’s conditional pardon.
In a joint statement on Saturday (Sept 19), the 14 organisations said the documents should include the Attorney General’s written submission and the Pardons Board’s meeting minutes.
"Good decisions can withstand public scrutiny and need no protection of confidentiality," they said.
The groups also raised questions over the legal basis for allowing Najib to serve the remainder of his sentence under house arrest.
"There is currently no law providing for home detention or arrest by way of pardon," they said.
They cited Article 42(1) and (2) of the Federal Constitution, which empowers the Yang di-Pertuan Agong for the Federal Territories and the Rulers or governors for the states to grant pardons, reprieves and respites.
The groups also pointed to Section 43 of the Prisons Act 1995, which allows for the release of a prisoner 'on licence', subject to regulations made by the minister.
"This raises two pertinent questions that the Attorney General’s Chambers (AGC) must answer: Can the imprisonment imposed on Najib in the SRC case be commuted to home detention within the confines of Article 42(1) and (2) of the Federal Constitution?
"If so, has the Pardons Board effectively assumed Parliament’s role in creating a law for ‘home detention’ via its decision?" they said.
The groups also stressed the importance of ensuring that the law was seen to be applied equally.
"Failure to convince that laws are equally applied, regardless of status, power or any political or demographic category, destroys public faith in the rule of law, breeds cynicism and endangers democracy," they said.
The groups said decisions of significant public interest should be transparent.
"As Najib’s pardon carries far-reaching implications on both the rule of law concerning his unsettled cases and Parliament’s role of law-making, all documents involved, including the Attorney General’s written submission and the Pardons Board’s meeting minutes, should be immediately and fully disclosed," they said.
The groups also called for the separation of the roles of Attorney General and Public Prosecutor and for the relevant enabling legislation to be passed before the 16th General Election.
The statement was signed by Project Stability and Accountability for Malaysia (Projek SAMA), Angkatan Belia Islam Malaysia (ABIM), Engage, Gabungan Bertindak Malaysia, Bersih, Iman Research, Institute for Democracy and Economic Affairs (IDEAS), Lawyer Kamek, Liga Rakyat Demokratik, Muslim Professional Forum (MPF), Persatuan Pemangkin Daya Masyarakat (PPDM/ROSE), Pertubuhan Ikram, Rasuah Busters and Suara Mahasiswa UMS.
