Malaysia

‘Unjustified amnesty’: Civil society coalition wants AG’s written opinion to Pardons Board disclosed

Explain to public basis for lessening Najib Razak's punishment, says CSO Platform for Reform

Updated 2 years ago · Published on 03 Feb 2024 8:00AM

‘Unjustified amnesty’: Civil society coalition wants AG’s written opinion to Pardons Board disclosed
Datuk Seri Najib Abdul Razak (centre) wears a facemask at the Court of Appeal in April 2021. His appeal to set aside his conviction and jail sentence in the SRC International case was eventually dismissed on December 8 that year. The Vibes pic, February 3, 2024.

A COALITION of over 60 civil society organisations (CSOs) has demanded that the government disclose the attorney-general’s written opinion to the Pardons Board in relation to Datuk Seri Najib Abdul Razak’s pardon application.

The CSO Platform for Reform emphasised that the public has a right to this information as the issue is not only about transparency, but also the critical aspect of upholding accountability in the legislative process.

It referred to Article 42(9) of the Federal Constitution which specifies: “Before tendering their advice on any matter a Pardons Board shall consider any written opinion which the Attorney General may have delivered thereon.”

“Article 42(9) illustrates the legal recognition of the public's right to access details related to the pardon proceedings indirectly increasing public confidence in the pardon board,” the coalition said.

“Moreover, we believe that the importance of transparency in this regard goes beyond mere procedural compliance,” it added in a statement last night.

“The Pardons Board needs to function as a foundation in instilling the public trust in the pardon mechanism mandated by the constitution.”

Instead, it has indirectly caused the public to have less confidence in the transparency aspect of how “the biggest corruption scandal” in the country was handled, the coalition claimed.

The secretary of the the Pardons Board of the Federal Territories had announced yesterday that the punishment handed to Najib over a graft-related conviction had been reduced.

This decision was made during the board’s meeting on January 29.

The former prime minister’s jail term was halved from twelve years to six, and the fine imposed on him slashed from RM210 million to RM50 million.

The meeting was chaired by the then Yang diPertuan Agong, Al-Sultan Abdullah Ri'ayatuddin Mustafa Billah Shah, a day before his five-year reign as Malaysia's king ended.

Element of arbitrariness

CSO Platform for Reform described the move as an “unjustified amnesty” which will have profound implications that go beyond its immediate impact on the individuals involved.

“Such an act would do great damage to the fundamental principles of the rule of law and erode the essential elements that underpin a just and stable society.,” it said.

“For example, an unjustified pardon would undermine the rule of law by marking a departure from the principles of accountability and equality before the law.”

It stressed that rule of law depends on consistent and fair application of legal standards to all citizens.

“When an amnesty lacks a clear justification, it introduces an element of arbitrariness, suggesting that certain individuals may be exempted from the consequences of the law without sufficient reason.

“This affects public trust in the justice and integrity of the legal system, creating a sense of injustice among the people,” said the coalition, which was formed to focus on institutional reforms.

It also emphasised that the law should never be double standard as this would continue to “oppress the poor and help the elite.”

The "amnesty” in reducing Najib’s imprisonment by 50% and fine by 76% is a great blow to the Madani government led by Prime Minister Datuk Seri Anwar Ibrahim as far as transparency and accountability are concerned, the coalition stressed.

Questions will arise on the promises made by the Madani government when it began its administration, it said.

“How can Anwar's government fulfil their promise by creating a clean government and restore the public's confidence in the credibility of their government?” – The Vibes, February 3, 2024

Related News

Malaysia / 1w

Working towards better transparency of government agencies

Malaysia / 1mth

Home Ministry yet to receive formal order on Najib house arrest

Malaysia / 1mth

'Pardons Board decision does not undermine our fight against corruption' – PM Anwar

Malaysia / 1mth

Najib granted conditional pardon, to serve remainder of sentence under house arrest

Malaysia / 1mth

Anwar surprised by Najib's new pardon attempt

Opinion / 3mth

Why Bersama is not Malaysia’s best hope

Spotlight

Malaysia

Man found dead on massage chair

Education

Haze: Schools in Johor to reopen this Monday

Malaysia

Police looking for owner and driver of car spotted with two men on it

Malaysia

Farhash files defamation suit against Rafizi

Malaysia

Melaka PRN: Only seven seats for PAS-PN, says Zahid

Community

Sim reaches out to man who needed a wheelchair in Kelantan

By Ian McIntyre

Malaysia

Selangor Sultan urges younger generation to unite, become knowledgeable individuals

World

UK MP seeks legal safeguards against AI likenesses created without consent

World

Seven dead, 34 injured in church attack in southern Jordan

You may be interested

Malaysia

Architect with 'Datuk' title pleads not guilty to molesting senior police officer's son

Malaysia

Abdul Karim leaves decision on election candidates to Abang Jo

Malaysia

Melaka PRN: Only seven seats for PAS-PN, says Zahid

Malaysia

Customs records 2,333 cigarette-smuggling cases worth RM476m in eight months

Malaysia

Penang to seek greater clarification over Waze ban

By Ian McIntyre

Malaysia

Six Malaysians arrested over online gambling operation targeting Australians

Malaysia

Selangor declares Oct 26 replacement public holiday for Sultan’s Silver Jubilee

Malaysia

Umno-PAS pact faces tougher test beyond Melaka

By The Vibes Says