Principles 16 to 18 of the United Nations 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; that authorities must take all necessary steps to safeguard lawyers whose security is threatened because of their work; and that 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 perform their work without fear of threats, harassment, or reprisals. The following recent examples are incompatible with the rule of law:
(1) The three lawyers acting for the family of Noorizwan Zulkefly, who died in police custody, were summoned to the Petaling Jaya police headquarters on Oct 19 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 functions.
(2) Lawyers and their families have allegedly been targeted by persons posing as debt collectors. The Bar has received a complaint from a law firm that took court action for a client. The complaint reported that notices naming its lawyers were pasted at its office and outside their 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 persons no debt. Police reports have been lodged.
Such conduct is intolerable and must be investigated. The Bar calls upon the police to investigate and take all necessary action to bring the perpetrators to task forthwith.
(3) 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 directed at a lawyer in the course of their work, it is an affront to the lawyer’s role and 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 Bar calls upon the police and relevant authorities to promptly investigate all threats and harassment against lawyers.
Global calls for lawyers’ independence
These are universal concerns, as bodies such as the Commonwealth Lawyers Association (CLA) have repeatedly emphasised. In 2026 alone, the CLA has issued at least six statements on the safety, protection, and independence of lawyers. The Malaysian Bar reiterates the CLA’s position:
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 penalised for representing their clients.”
Adopt international safeguards
The 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. Article 9(4) requires parties to ensure that lawyers can carry out their professional activities free from threats, harassment, intimidation, or improper hindrance or interference, and to conduct effective investigations wherever such conduct may amount to a criminal offence. 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 democracies in acceding to the Convention, in line with the CLA’s call for 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 give these safeguards practical and concrete effect.
The Bar considers the safety of its members and their unimpeded ability to practise their profession, as well as the sanctity of the legal profession, to be of paramount importance.
The Bar calls upon the police, the government of Malaysia, and all authorities to recognise and give effect to these principles, and to take all necessary steps immediately to uphold the sanctity of the legal profession and prevent the occurrence or recurrence of acts of intimidation or harassment against lawyers.
The Bar will not tolerate any attempt to erode the independence of the Bar and views any such attempt in the gravest possible terms. It will not hesitate to take any and all actions and proceedings available under the law to defend lawyers and uphold the rights of access to justice and to counsel, which are constitutional rights under Article 5 of the Federal Constitution. - Mkini
ANAND RAJ is president of the Malaysian Bar.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT
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