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Param Cumaraswamy
Param Cumaraswamy, a Malaysian attorney who serves as United Nations Special Rapporteur on the Independence of Judges and Lawyers, has faced four defamation suits for over U.S. $100 million in damages brought by four Malaysian companies. The lawsuits stem from Cumaraswamy's 1995 interview with the London-based magazine International Commercial Litigation in which he was quoted as saying he would be looking into allegations of corporate interference in the Malaysian judiciary.
The Malaysian government long refused to recognize the immunity granted him in his capacity as Special Rapporteur by the United Nations Secretary General, despite a January 1997 finding by the U.N. Secretary General that Cumaraswamy was immune and an April 1999 decision by the International Court of Justice that the Malaysian courts must provide him with immunity. Malaysia had consented to the court's jurisdiction. According to the world court, Cumaraswamy made the statements in his capacity as special rapporteur and, therefore, was clearly entitled to immunity under the Convention on the Privileges and Immunities of the United Nations. The world court found that the Malaysian government had violated its obligations under the convention when it failed to inform the Malaysian courts of the U.N. Secretary-General's finding that Cumaraswamy was immune, and directed the government to communicate the court's opinion to the Malaysian courts. Although Prime Minister Mahathir stated in March 1999 that he had accepted the court's decision, in October 1999 a Malaysian High Court judge denied Cumaraswamy's motion to dismiss and assessed him costs, stating that the world court's decision was not a final and binding authority.
On July 7, 2000, more than a year after the ICJ delivered its opinion, the Malaysian High Court overturned the October 1999 decision and struck out one of the suits. However, the court ordered Cumaraswamy to bear the costs of the litigation which were $110,000 at the time and which will continue to accrue until all the cases are dismissed. The three companion cases were still pending as of August 2000.
In April 2000, the Malaysian government attempted unsuccessfully to block Cumaraswamy's reappointment at the annual meeting of the Human Rights Commission.
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