Is Najib Resorting To Unwgad To Remain Relevant





 Legally speaking, many lawyers are not convinced with the latest route taken by former prime minister Najib Abdul Razak and his lawyers in referring his case to the UN Human Rights Council Working Group on Arbitrary Detention (UNWGAD).
As far as politicians are concerned, Najib’s move is essentially a political gimmick in order to stay relevant.
In filing his petition for the UN’s intervention via UNWGAD, Najib primarily seeks to set aside the unanimous verdict by Malaysia’s apex court, which found him guilty and in turn reaffirmed the sentence meted out by the courts below. Alternatively, he is praying for a retrial.
The main thrust of his complaint to the UN body is that he was victimised by the Federal Court in that his final appeal to the highest court of Malaysia had been allegedly infected by unfairness and injustice, so much so the jail sentence imposed by the court that he is serving at Kajang Prison may be tantamount to arbitrary detention.
It is interesting to note that from the first court which tried Najib to the penultimate court in Putrajaya, not a single judge involved in the cause had any doubt of Najib’s guilt.
In other words, all nine judges were convinced by all the evidence presented by the prosecution in establishing his culpability.
Even his political opponents were bold enough to conclude that Najib was guilty as hell.
Therefore, when Najib raises the issue of arbitrary detention in his petition to UNWGAD this question arises - on what basis is the former prime minister alleging that he is a victim of arbitrary detention when he was never detained under the now-defunct Internal Security Act (ISA) or tried under the Security Offences (Special Measures) Act respectively?
Federal Court treated Najib well
UNWGAD was established by the 1991/42 resolution, duly carried out by the former United Nations Commission of Human Rights, which has now been replaced by the United Nations Human Rights Council.
The said UN body was set up, inter alia, in order to investigate any case involving the deprivation of basic freedom as a result of any arbitrary decision imposed by any legal tribunal.
Such a deprivation ought to be measured by using the universal standards duly underlined by international instruments such as the Universal Declaration of Human Rights (UDHR) or other relevant instruments.
Assuming Najib seeks to rely on the UDHR as the main basis for his petition, there are apparently three articles in the said instrument that he may possibly intend to invoke, viz,
a. Article 9, which deals with arbitrary arrest and detention, or,
b. Article 10, which speaks about equal protection and a fair trial by an unbiased tribunal, or,
c. Article 11, which provides the principle of the presumption of innocence until proven guilty.
With the greatest respect, I am unable to detect any violation of Najib’s rights under those three aforementioned articles.
On the contrary, one may argue that Najib was, relatively speaking, given privileges and latitudes by the courts throughout his trial process.
Speaking from my own experience in handling appeals in the Federal Court, I don’t think the court would have given my clients such luxurious latitudes as duly enjoyed by Najib or his lawyers.
Shooting oneself in the foot
Many members of the legal fraternity are of the view that it would be absurd for Najib to complain that he was not afforded chances or opportunities.
What really happened was that he himself failed to seize the golden opportunities duly given to him by the court.
It would be difficult to reject the notion that Najib’s predicament was of his own making. It was a self-inflicted blow.
As the principle in international law is highly premised on the idea of “non-interference in any domestic affairs” as duly embodied in Article 2 (7) in Chapter 1 of the UN Charter, Najib might face an uphill task to have the solid judgement of the Malaysian court reversed by the UNWGAD. - Mkini
MOHAMED HANIPA MAIDIN is a former deputy minister in the Prime Minister’s Department (Parliament and Law).
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2023/01/is-najib-resorting-to-unwgad-to-remain.html

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Penahanan Najib Itu Arbitrari Apa Itu Arbitrari

Penahanan Najib Itu Arbitrari Apa Itu Arbitrari

papar berkaitan - pada 5/1/2023 - jumlah : 222 hits
Kamus Bahasa Melayu ar bi tra ri Definisi 1 tidak berasaskan pertimbangan yg tertentu atau yg teliti tidak berasaskan pemikiran mengikut sekehen dak hati sewenang wenang pemisahan antara dunia yg bersifat analitik dan dunia nyata itu juga m...
Najib Fail Petisyen Kepada Pbb Minta Dibebaskan

Najib Fail Petisyen Kepada Pbb Minta Dibebaskan

papar berkaitan - pada 6/1/2023 - jumlah : 123 hits
KUALA LUMPUR Datuk Seri Najib Razak hari ini memfailkan petisyen kepada Kumpulan Kerja Penahanan Arbitari Pertubuhan Bangsa Bangsa Bersatu bagi meminta dibebaskan atau dibicarakan semula Ia susulan hasil pendengaran rayuan di Mahkamah Perse...
Court Acquits Shahrir Samad Over Najib S Rm1m Cheque After Prosecution Drops Case

Court Acquits Shahrir Samad Over Najib S Rm1m Cheque After Prosecution Drops Case

papar berkaitan - pada 5/1/2023 - jumlah : 235 hits
The High Court today acquitted Tan Sri Shahrir Ab Samad from a money laundering case over his alleged failure to include a RM1 million cheque from Datuk Seri Najib Razak in his income tax declaration after the prosecution decided to discont...
Umno S Politics Of Charity Still Relevant After Election Defeat

Umno S Politics Of Charity Still Relevant After Election Defeat

papar berkaitan - pada 4/1/2023 - jumlah : 147 hits
Not many see it as an act of kindness or benevolence as reciprocation is needed during times of election While some have called for an end to the practice of giving handouts in return for support the culture may live on say analysts The poo...
Is Najib S Petition To Un Body An Exercise In Futility

Is Najib S Petition To Un Body An Exercise In Futility

papar berkaitan - pada 6/1/2023 - jumlah : 112 hits
The adage that desperate times call for desperate measures has taken a totally different meaning In some circumstances actions that may not be acceptable under certain circumstances may become the best choice But former prime minister Najib...
Un No Power To Compel Malaysian Courts Over Najib S Jailing Legal Experts

Un No Power To Compel Malaysian Courts Over Najib S Jailing Legal Experts

papar berkaitan - pada 6/1/2023 - jumlah : 133 hits
The United Nations has no authority to force Malaysian courts to release former prime minister Najib Abdul Razak from serving his 12 year jail sentence according to law experts Veteran lawyer Mohamed Haniff Khatri Abdulla told Malaysiakini ...
Celah Mana Najib Menyamai Hang Tuah

Celah Mana Najib Menyamai Hang Tuah

papar berkaitan - pada 13/1/2023 - jumlah : 179 hits
Bila kita membaca yang Zahida Zarik Khan dari Puteri UMNO menyamakan Najib dengan Hang Tuah kita cepat beristighfar Zahida menghujahkan lantaran kegagalan Umno untuk menghargai Najiblah maka pengaruh parti berkenaan semakin memudar Dari sit...
Let S Not Return To The Old Ways Of Tight Media Control

Air Terjun Tujuh Puteri Bukit Sri Permata

Bank Islam Berwajah Baru Melalui Aplikasi Dan Web

Company Director Scammed Of Over Rm1mil By Inspector Harun

O G Firm Right To Dismiss Worker For Refusing Covid 19 Jab Says Industrial Court

How To Survive Thanksgiving Travel

Resipi Cheese Tart

Kyrkoherden Och Draken En F Rh Xande Saga Om Mod Och V Nskap Fr N Antika Spanien


echo '';
Senarai Lagu Tugasan Konsert Minggu 1 Gegar Vaganza 2024 Musim 11

Info Dan Sinopsis Drama Berepisod Dhia Kasyrani Slot Akasia TV3

Biodata Terkini Reshmonu Peserta Gegar Vaganza 2024 Musim 11 GV11 Penyanyi Lagu Hey Waley

Gegar Vaganza 2024 GV 11 Hadiah Tiket Peserta Juri Format Pemarkahan Dan Segala Info Tonton Live Di Astro Ria Dan Sooka

6 Janji Donald Trump Kalau Dia Naik Jadi Presiden Semula


Orang Tua Sekarang Membunuh Anaknya Secara Halus

Apabila Wanita Tertinggi Dan Paling Pendek Bertemu

Seorang Sahaja Zul Ariffin Tersasul Doa Minta 4 Isteri

Isu Artis Mangsa Buli Syafiq Yusof Gesa Produksi Main Peranan Perlu Wujudkan Suasana Friendly

Kathryn And Sydney S Fantastic Pantyhose Adventure Part One

15 Creative Diy Fall Garlands To Spruce Up Your Autumn D Cor