International Commission Of Jurists

Letter to the press secretary of PM Goh

Mr Lim Siam Kim
Press Secretary to the Prime Minister
Prime Minister's Office
Republic of Singapore

21 October 1997

Dear Lim Siam Kim,

Thank you for your letter of 8 October 1997, concerning the International Commission of Jurists (ICJ) trial observation of your Prime Minister's defamation suit against Mr J B Jeyaretnam

Trial observation has been a long standing method of work for the lCJ in fulfilling its mandate of promoting the understanding and the observance of the Rule of Law and the legal protection of human rights around the world. This trial became of interest to the ICJ as it was an example of government members initiating defamation proceedings against members of the opposition.

The report of the ICJ observer, is an objective record of what he observed during the course of the trial and during his visit to Singapore. For your information I attach a full copy of his report, which if read in context reflects the ICJ's concerns about cases of this nature.

As you would be aware, Article 19 of the Universal Declaration of Human Rights provides that ''everyone has the right to freedom of opinion and expression and that this right includes the right to seek, receive and impart information through any media and regardless of frontiers". The right extends to members of political parties. At the same time Article 21(1) provides that "Everyone has the right to take part in the government of his country, directly or through freely chosen representatives." It is in the context of these two articles that the ICJ believes that the availability of defamation proceedings relating to these statements made non maliciously, in circumstances such as these, may amount to an abuse of the Rule of Law. The public have a right to be informed and candidates must feel free to be able to provide relevant information on issues of public interest. Each individual member of the public will then be in a position to decide which candidate he/she will support.

I am also pleased to enclose a copy of my response to the Ministry of Law. A copy of this letter and my response to the Ministry of Law have been circulated to the Press.

We are pleased to note that Singapore continues to welcome the ICJ to observe any of its court proceedings.

Yours sincerely
(signed)

Adama Dieng
Secretary- General