Principles 16 to 18 of the UN’s Basic Principles on the Role of Lawyers affirm that:
- lawyers must be able to perform their professional functions without intimidation, hindrance, harassment or improper interference
- authorities must take all necessary steps to safeguard lawyers whose security is threatened because of their work
- lawyers must not be identified with their clients or their clients’ causes
The Malaysian Bar condemns, in the strongest possible terms, any form of harassment or intimidation of lawyers and their families. Lawyers must be free to do their work without fear of threats, harassment or reprisals.
These are some recent examples which are incompatible with the rule of law:
- The three lawyers acting for the family of Noorizwan Zulkefly, who died in police custody, were summoned to the Petaling Jaya police headquarters on 19 October and questioned for more than three hours over allegations of criminal intimidation, reportedly arising from their efforts to obtain information about his autopsy. Lawyers acting for a family seeking answers must be able to do so without fear of criminal investigation. Seeking information and scrutinising the conduct of the authorities are core to a lawyer’s professional function.
- Lawyers and their families have allegedly been targeted by people posing as debt collectors. The Malaysian Bar has received a complaint from a law firm that took court action for a client, reporting that notices naming its lawyers were pasted at its office and outside the lawyers’ homes, including the home of one lawyer’s parents in another state, and that text messages threatened to approach family members. The lawyers owe these people no debt. Police reports have been lodged. Such conduct is intolerable and must be investigated, and the Malaysian Bar calls upon the police to investigate and take all necessary action to bring the perpetrators to task forthwith.
- A lawyer was reportedly catcalled within the Klang Court compound. Catcalling – unwelcome, suggestive or demeaning remarks, or whistles directed at a person in a public place – is a form of harassment. When it is directed at a lawyer in the course of their work, it is an affront to the role of a lawyer and to the dignity of the profession. The court compound should be safe for everyone who works there, and no lawyer should have to endure such behaviour.
The Malaysian Bar calls upon the police and the relevant authorities to promptly investigate any threats or harassment against lawyers.
These are universal concerns, and bodies like the Commonwealth Lawyers Association have said so repeatedly. In 2026 alone, the CLA has issued at least six statements on the safety, protection and independence of lawyers. The Malaysian Bar reiterates what the CLA has said:
- January 2026: “without the safety and independence of lawyers, access to justice is illusory.”
- February 2026: “The current climate of threats, intimidation, harassment and harm erodes the independence of the legal profession and diminishes the rule of law, human rights and meaningful access to justice.”
- April 2026: “Ensure that lawyers are able to discharge their professional duties without intimidation, harassment or violence; Guarantee the freedom of expression of lawyers, particularly in relation to matters concerning the rule of law, constitutionalism, human rights and the administration of justice.”
- June 2026: “The targeting of defence counsel … in connection with their representation of a client strikes at the heart of the administration of justice…”
- October 2026: Called the use of disciplinary proceedings to intimidate lawyers “an attack on the independence of the legal profession”.
- October 2026: “… ensure that lawyers are never targeted, harassed, or penalized for representing their clients”.
[Articles 9 and 6 of the Council of Europe’s] Convention for the Protection of the Profession of Lawyer. obliges states parties to protect lawyers from attacks, threats, harassment and intimidation, and to safeguard the independence of the Bar. Articles 9 and 6 of the Council of Europe Convention for the Protection of the Profession of Lawyer. [The convention was drawn up within the Council of Europe and adopted by the committee of ministers on 12 March 2025, was opened for signatures in Luxembourg on 13 May 2025.]
Article 9(4) requires parties to ensure that lawyers can carry out their professional activities free from threat, harassment, intimidation or improper hindrance or interference, and to conduct effective investigations wherever it may amount to a criminal offence.
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Article 6(5) requires that lawyers do not suffer adverse consequences for being identified with their clients or their clients’ causes.
We urge the Malaysian government to join other civilised democracies in acceding to the convention, in line with the CLA’s call to Commonwealth governments to do the same.
Accession should be accompanied by enabling legislation and a review of existing laws and practices to align them with the Convention’s safeguards and to give it practical and concrete effect.
The Malaysian Bar considers the safety of its members, and their unimpeded ability to practise their profession, of paramount importance, as is the sanctity of the legal profession.
The Malaysian Bar calls upon the police, the government of Malaysia and all authorities to give effect to and recognise these principles, and to immediately take all steps necessary to uphold the sanctity of the legal profession and to prevent the occurrence or recurrence of any acts of intimidation or harassment of lawyers.
The Malaysian Bar will not tolerate any attempt to erode the independence of the Bar, and views any such attempts with the gravest possible terms.
The Malaysian Bar will not hesitate to take any and all such actions and proceedings necessary and available under the law to defend lawyers and to uphold the right of access to justice and the right to counsel, which are constitutional rights under Article 5 of the Federal Constitution. – Bar
Anand Raj is the president of the Malaysian Bar.
The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.
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