Aliran media statement

Aliran media statement


Lina Joy verdict: No freedom, no compassion

Lina Joy's 10-year battle to be herself as she wanted to be within the
confines of the supreme law of the country, the Federal Constitution, has
been dashed by the Federal Court's decision this morning. The freedom of
religion guaranteed by the Federal Constitution under Article 11 comes
across as hollow and meaningless. This decision has totally rendered null
and void the freedom of religion guaranteed by the Federal Constitution.

Under the circumstances, the Federal Court's decision has a
devastating effect on issues of fairness and justice. Concerned
citizens will rightly wonder whether the judiciary is capable of
delivering justice for those who turn to it. They will be turned away from
the judicial system of the country thinking that the judges who are sworn
to uphold the Federal Constitution in the course of their duty are not
living up to their oath of office.

Lina Joy's case is something that has to be viewed strictly within the
confines of the Constitution without taking into account any other
consideration. When other considerations come into play, then justice
becomes the victim as is the case in the Lina Joy verdict.

This decision, looked at from another point of view, undermines the
judiciary itself. The judiciary cannot be technical in delivering its
verdict. Fairness and justice should be part of any judgment and should not
be sacrificed on technical grounds. Where is the compassion for someone who
has turned to the judiciary for a solution to free her from her
predicament? Can justice redeem itself? Is there hope for the ordinary
person in our judiciary?

It is really troubling when a issue such as this is politicised and blown
out of all proportion and pressure is mounted to deny justice.

Aliran Executive Committee
30 May 2007