Civil societies demand full disclosure on Najib

KUCHING: A coalition of civil society organisations is calling for the immediate and full disclosure of all documents relating to former Prime Minister Datuk Seri Najib Tun Razak’s conditional pardon.

This includes the Attorney-General’s written submission and the Pardons Board’s meeting minutes.

The organisations said the documents are necessary to allow Malaysians to understand the reasoning behind the decision announced on Sept 18.

“Good decisions can withstand public scrutiny and need no protection of confidentiality. The Malaysian public deserves to understand the reasoning behind Najib’s pardon,” they said in a joint statement on Saturday.

The Federal Territories Pardons Board, at its 64th meeting at Istana Negara on Sept 18, announced that Najib had been granted a conditional pardon allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to payment of the RM50 million fine and compliance with the conditions imposed.

The civil society groups said the disclosure is particularly important given what they described as the wider implications of the decision for public confidence in the rule of law and the role of Parliament in law-making.

They also called for Malaysians to build a society that “knows shame” (tahu malu), with integrity and accountability, particularly in addressing corruption and abuse of power.

According to the statement, past contributions should not be regarded as a licence to commit wrongdoing or escape punishment.

The groups also raised questions over the legal basis for allowing a prisoner to serve a sentence under home detention, noting that Article 42 of the Federal Constitution provides for the granting of pardons, reprieves and respites, as well as powers to remit, suspend or commute sentences where conferred by Federal or State law.

They further pointed to Section 43 of the Prisons Act 1995, which provides for the release of prisoners on licence subject to regulations made by the Minister.

The organisations said these provisions raised questions for the Attorney-General’s Chambers on whether the imprisonment imposed on Najib in the SRC International case could be commuted to home detention under Article 42, and whether the Pardons Board had effectively assumed Parliament’s role in creating a legal framework for home detention.

The groups also highlighted Najib’s separate 1MDB case, in which he was convicted and sentenced to 15 years’ imprisonment and ordered to pay an RM11.38 billion fine. He is appealing.

They said Najib also faced two other cases, involving SRC International and International Petroleum Investment Company (IPIC), in which he had previously been granted a discharge not amounting to an acquittal (DNAA), leaving open the possibility of being recharged.

The civil society organisations further said the disclosure of documents is necessary to ensure that important public decisions could be scrutinised and understood by citizens.

“Justice must not only be done but also be seen as done,” they said, adding that a failure to demonstrate that laws were applied equally regardless of status or power could undermine public confidence in the rule of law.

They also called for the separation of the roles of the Attorney-General and Public Prosecutor and for the enabling legislation to be completed before the 16th General Election.

The joint statement was endorsed by 14 civil society organisations, namely Project Stability and Accountability for Malaysia (Projek SAMA), Angkatan Belia Islam Malaysia (ABIM), Bersih, Institute for Democracy and Economic Affairs (IDEAS), Rasuah Busters, Engage, Gabungan Bertindak Malaysia, Iman Research, Lawyer Kamek, Liga Rakyat Demokratik, Muslim Professional Forum, Persatuan Pemangkin Daya Masyarakat (PPDM/ROSE), Pertubuhan IKRAM and Suara Mahasiswa UMS.