Thursday, 28 August 2008

Politically Aligned Judiciary = FASCISM


Petisyen Kepada KeBawah Duli Yang Maha Mulia Seri Paduka Baginda Yang DiPertuan Agong berkenaan pemulihan Badan Kehakiman
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"When a democracy is in decline, the increasingly illegal and immoral acts of its leaders will be justified by the same arguments used by the Nazis to justify their illegal and immoral acts."
- at-Largely, by Larisa Alexandrovna

“Where there is enough evidence to charge someone with a crime, we vigorously prosecute”.
“But not every wrong, or even every violation of the law, is a crime.”

Attorney General Mukasey - in acknowledging the “Justice Department in the past few years failed to observe professional standards and violated civil laws ....

Ahmad, the Bukit Bendera Umno division head, had allegedly said Chinese were "squatters" in the country, who were both selfish and unjust, at a ceramah on Aug 24 whilst trying to buttress support for BN candidate Arif Shah Omar Shah in the by-election contest against opposition icon Anwar Ibrahim.
- Malaysiakini

“In the name of freedom, these websites allow the broadcast of slander, lies and swearing, the use of harsh, degrading language and racial slurs without regard for the reader or those concerned”
- Najib Abdul Razak, Al jazeera

In the midst of UMNO's internal crisis in 1987, a rally by UMNO Youth led by Najib was held in Kampung Baru. Anti-Chinese sentiments were expressed openly during the rally with placard carrying slogans like "May 13 has begun", and "Soak (the kris) in Chinese blood". This precipitated existing ethnic tensions leading to fears of a repeat of inter-ethnic violence and eventually resulted in a security operation known as Operasi Lalang, where administrative detentions were made on hundreds of individuals [1].
- Wikipedia, Asia Times Online

Among the culprits of Ops Lalang left living and standing right in the power corridor today is none other than Najib.
- Screenshots

The Nuremberg Trials: The Justice Trial
"In the Justice trial, American prosecutors sought to demonstrate a pattern of judicial and prosecutorial support for Nazi programs of persecution, sterilization, extermination, and other gross violations of human rights....

Two features of German law combined to facilitate the Nazi's evil schemes.
The first was that German law, unlike the law of the United States and many other nations, lacked "higher law" (constitutional or ethical standards) that might be resorted to by judges to avoid the harsh effects of discriminatory laws adopted by the Nazi regime.
The second difficulty was that there was no separation of powers between the executive and judicial branches of government.
Hitler declared, and the Reichstag agreed, had the power "to intervene in any case."
This was done, legally, through what was called "an extraordinary appeal for nullification of sentence."
The nullification invariably resulted in a sentence the Nazis thought was too light being replaced by a more severe sentence, often death.
If these features of German law weren't enough, the Nazis also assigned a member of the Security Service to each judge to funnel secret information about the judges back to Hitler and his henchmen.....

The excerpt from the decision of the tribunal (printed on this page) includes the judgments for two of the Justice trial defendants, Franz Schlegelberger and Oswald Rothaug.
Schlegelberger is the more sympathetic of the two defendants. He served in the Ministry of Justice from 1931-1942. For the last seventeen months of his service, Schlegelberger was Director of the Ministry of Justice.
He wrote several books on the law and was called at the time of his retirement, "the last of the German jurists." Schlegelberger argued in his defense that he was bound to follow the orders of Hitler, the "Supreme Judge" of Germany, but that he did so only reluctantly. Schlegelberger pointed out that he did not join the Nazis until 1938, and then only because he was ordered to do so by Hitler......

In its decision, the Justice trial tribunal considered what it called Schlegelberger's "hesitant injustices." The tribunal concluded that Schlegelberger "loathed the evil that he did" and that his real love was for the "life of the intellect, the work of the scholar."
Despite its obvious sympathy with Schlegelberger's plight, the tribunal finds him guilty.
It pointed out that the decision of a man of his stature to remain in office lent credibilty to the Nazi regime.

Indeed, once Schlegelberger did resign, brutality increased.
The tribunal found "no mitigating circumstances" in the case of Oswald Rothaug. In its decision, the tribunal calls Rothaug "a sadistic and evil man." Rothaug, unlike Schlegelberger, had no reservations about enthusiatically supporting the Nazi pattern of human rights abuses.......
In the special court, high-ranking Nazi officials--in uniform--took the stand to express their opinions that Katzenberger was guilty. Rothaug's real trick, however, was getting Katzenberger's punishment increased from life in prison (the normal punishment for violations of Article 2) to death.
This he did by a
creative construction of a law that prescribed death for breaking certain laws "to take advantage of the war effort".
Most German judges over-identified with the Nazi regime.
They came to see themselves as fighters on the internal battlefront, with the responsibilty to punish "the enemy within."
-Doug Linder, A Commentary on the Justice Case, The Nuremberg Trials: The Justice Trial
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Toasts of Permatang Pauh.