Media Statement
Why No Legal Representation for Juvenile?
Aliran views with concern the sentencing of a 15-year-old boy who did not have legal representation to three months' jail for the killing of livestock at an ostrich farm in September.
The boy pleaded guilty and the magistrate's court in Seremban yesterday sentenced him to serve the sentence from the date of arrest on Sept 5. The boy had appealed to the court to reduce the sentence as he was from a poor family and had no previous criminal record.
Why didn't the court appoint a lawyer for the boy (who was jointly charged with an adult, still at large)? The court could have availed itself of the resources of the government-sponsored Biro Bantuan Guaman (Legal Aid Bureau) or the Bar Council's Legal Aid Centres.
Something is amiss in the system of administration of justice when suspects, especially juveniles, can appear in court without legal representation.
Indeed, the lack of legal representation for juveniles violates an important provision of the United Nations Convention on the Rights of the Child, which Malaysia has ratified. Article 37 (d) of the Convention clearly states that "every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance�"
It is a sad fact that many suspects, adults and juveniles alike, do not have legal representation in court. They tend to be from the lower income group and are usually ignorant of their rights. What has Minister in the Prime Minister's Department Rais Yatim got to say?
It is time for judicial reforms to ensure that competent, independent defence lawyers are appointed by the court in cases where suspects are unrepresented. Only then can justice be seen to be done.
Anil Netto This statement was sent to the local media including The Star, New Straits Times, and The Sun. | |||||||||||||||||
