THE United Nations Human Rights Council Working Group on Arbitrary Detention (UNWGAD) will have no influence on the Federal Court decision to jail disgraced former prime minister Najib Razak for corruption, lawyers said.

They said that UNWGAD’s role is to look into the material presented in Najib’s trial, carry out investigations and give its opinion, adding that UNWGAD’s findings are not binding because the Federal Court decision has already been made.

Lawyer Haniff Khatri Abdulla said Najib was the author of his own misfortune and there is no room to argue.

“It (UNWGAD) can only give its opinion, which is not binding. It’s up to the country (Malaysia) if it wants to accept it.

“UNWGAD cannot overrule the decision of the Federal Court or intervene. International law doesn’t allow that,” Haniff told The Malaysian Insight.

Najib filed a petition at UNWGAD yesterday, seeking a retrial of his SRC International corruption case or his full release from prison.

Najib’s lead counsel Muhammad Shafee Abdullah claimed that the Federal Court ruling on the case last year had “serious defects” and went against the “rules of international justice”.

“The Federal Court proceedings failed to accord him a reasonable opportunity to argue his case and denied his lawyers adequate time to prepare.

“The court did not allow his defence team even to make submissions in the appeal against his sentence of 12 years’ imprisonment.

“In essence, Najib had been sent to prison without the opportunity to defend himself at the Federal Court,” Shafee had said.

Haniff said that Najib has every right to go ahead with whatever legal process available, adding the right to complain about deprivation on human rights is available to anyone.

“However, it doesn’t mean they have the power to interfere or affect the internal laws and judicial system of the country.

“It is not wrong for Shafee or Najib to take the case to UNWGAD because it also hears complaints about breached the human rights in a trial.

“The group (UNWGAD) will come up with an opinion if it wants. However, if the panel finds the complaint is without merit then it might reject it.”

He said usually it takes about 60 days before they (UNWGAD) would communicate with Malaysia.

“Then it is up to Malaysia if we want to reply. We have no duty to do so.

“If we do, the international unit of the Attorney-General’s Chambers will answer if the complaints raised by Najib have merits or not.”

Up to Wisma Putra

Haniff also said that it is up to Wisma Putra if they want to co-operate or ignore UNWGAD.

“There is no compulsion with UNWGAD if we co-operate.

“It is a body under the UN and can only give its opinion and there would not necessarily be any sanctions.

“Yet, whatever the outcome, we are not bound by it. International laws cannot interfere with the supremacy of a sovereign nation’s laws.”

In 2015, UNWGAD also demanded the release of Anwar Ibrahim as the UN group reportedly called his detention arbitrary and illegal, and that his treatment in prison violated international prohibitions against “torture or other cruel, inhuman or degrading treatment”.

However, Wisma Putra rejected UNWGAD’s position.

Lawyer Lim Wei Jiet also believes that the UNWGAD role will not affect the Federal Court decision in Najib’s case.

He said their mandate is only to investigate cases of deprivation of liberty imposed arbitrarily and to get information from the governments on cases like these.

“Their role is to act on information concerning the government’s role, clarify information, and conduct field missions.

“Then to deliberate and finally produce an annual report to the UN human rights council their findings, conclusions and recommendations.”

He said, this working group does not have the power to compel a government to release individuals who they feel have been arbitrarily detained.

“In my opinion, it’s a slim chance, but, they will investigate whether Najib was detained arbitrarily and if there were international mechanisms where Malaysia did not comply with in jailing him.

“Then, they might intervene and reach a finding, but, they don’t have any power to compel the government to release any individual.”

Najib was originally convicted in 2020, when then High Court judge Mohd Nazlan Mohd Ghazali found him guilty of seven criminal charges for misappropriating RM42 million of SRC funds.

The judge sentenced him to 12 years in prison and a RM210 million fine. The decision was subsequently upheld by the Court of Appeal.

Last year, the Federal Court upheld the Court of Appeal’s decision on the conviction and sentence. – January 6, 2023.