The present document of the International Commission of Jurists (ICJ) concerns the final report on the criminal proceedings against Mr. P. Uthayakumar, a human rights lawyer and solicitor of the High Court of Malaya at Kuala Lumpur who was charged with two offenses of insulting and interrupting a public servant during judicial proceedings and one offense of criminal intimidation contrary to Articles 228 and 506 of the Penal Code. The charging of a lawyer for statements made in court improperly associates a lawyer with his client’s cause and represents an unjustified interference in the performance of a lawyer’s professional duties. The prosecution of a lawyer in respect of statements made in court breaches the Basic Principles on the Role of Lawyers. These principles guarantee lawyers civil and penal immunity for statements made in good faith in oral or written proceedings before a court. It is a basic duty of a lawyer to properly represent the interests of a client and provide a full and adequate defense.
The present document of the International Commission of Jurists (ICJ) concerns the final report on the criminal proceedings against Mr. P. Uthayakumar, a human rights lawyer and solicitor of the High Court of Malaya at Kuala Lumpur who was charged with two offenses of insulting and interrupting a public servant during judicial proceedings and one offense of criminal intimidation contrary to Articles 228 and 506 of the Penal Code. The charging of a lawyer for statements made in court improperly associates a lawyer with his client’s cause and represents an unjustified interference in the performance of a lawyer’s professional duties. The prosecution of a lawyer in respect of statements made in court breaches the Basic Principles on the Role of Lawyers. These principles guarantee lawyers civil and penal immunity for statements made in good faith in oral or written proceedings before a court. It is a basic duty of a lawyer to properly represent the interests of a client and provide a full and adequate defense.