Saturday, December 15, 2007

Joint Statement to seek immediate appointment with Prime Minister

We view with great seriousness the recent crises that trouble our nation.

We are especially troubled by the racial and religious antagonism that now pervades Malaysian society. Our foremost commitment is to national unity, multiracial solidarity as well as to the safety and welfare of all Malaysians. We believe that the only way to safeguard these values is to reject socially divisive approaches and uphold Constitutional guarantees. We thus affirm our pledge to remain united in our multiracial and multi-religious approach to uphold justice for all.

We deplore the heavy handed actions of the authorities in the series of arrests that took place between the 9th and 11th of December. This brutal crackdown against leaders of civil society organisations and political parties is a clear contravention of the fundamental liberties and human rights guaranteed in our Constitution. The inconsistency of these arrests and intimidations with the government's assurances that Malaysia continues to be a strong democracy will undoubtedly tarnish our country's reputation in the international community.

We also remain firmly committed to pursuing the agenda of free and fair elections as well as meaningful electoral reform. The amendment of the Constitution to allow the chairman of the Electoral Commission to serve for another year is a clear reminder that the government is fully intent on perpetuating an electoral system that is rife with irregularities and corruption.

We reiterate our calls to the government to provide full access to the media for all political parties and to take seriously the mass of incriminating evidence that we have adduced time and time again and take all necessary measures to abolish well documented electoral malpractices.

Justice, harmony and freedom in Malaysia will be forever absent unless immediate steps are taken to remedy these vital issues. The importance of addressing them vigorously is such that we will seek to bring the matter to the highest level of government.

We are thus seeking an immediate appointment with the Prime Minister to discuss these pressing matters of state and urge him to honour his promise of being willing to listen to the concerns of all Malaysians. At this meeting we intend to pursue the agenda of national unity and reconciliation among all Malaysians regardless of race and religion, press on with our demands for free and fair elections, and work towards resolving the serious national problems we face.

List of Endorsees:

Political Parties

1 Democratic Action Party (DAP)

2 Parti Keadilan Rakyat (KeADILan)

3 Parti Sosialis Malaysia (PSM)

4 Parti Islam se-Malaysia (PAS)

NGOs

1 Center for Independent Journalism (CIJ)

2 Centre for Policy Initiatives

3 Citizen Think Tank

4 Civil Rights Committee (KLSCAH)

5 Concerned Citizens Group

6 Gabungan Mansuhkan ISA (GMI)

7 Jemaah Islah Malaysia (JIM)

8 Pusat Komunikasi Masyarakat (Komas)

9 Labour Resource Centre (LRC)

10 Malaysians Against the Death Penalty and Torture (MADPET)

11 National Alliance of Bloggers (All-Blogs)

12 National Human Rights Society (HAKAM)

13 National Youth and Student Democratic Movement (DEMA)

12 Police Watch and Human Rights Committee

13 Research for Social Advancement (REFSA)

14 Suara Rakyat Malaysia (SUARAM)

15 Writers Alliance for Media Independence (WAMI)

16 Youth For Change (Y4C)

民权文告: 内安法违反公正原则,正视改革诉求摒弃强权

日期:2007年12月14日

隆雪华堂民权委员会强烈谴责首相兼国安部长阿都拉批准动用《 1960 年内部安全法令》(ISA )逮捕兴都权利行动力量(Hindraf )五名领导人,并认为假如有证据证明他们的行为危害国家安全,应将他们控上法庭。

民权委员会重申,《内安法令》严重违反基本的公正原则,允许未经审讯的拘留行动,剥夺了人民自我辩护的权利。至今为止, Hindraf 的行动都还在宪法所允许的范围之内进行,尤其是11 月25 日的集合,基本上符合了宪法第11条的和平集会自由,不能简单地被定罪为"危害国家或公共安全",因为这是不能令人信服的。我们可以不同意Hindraf 的言论,但作为一个民主自由的国家,我们不能剥夺Hindraf 在宪法里享有的集会及言论自由。

首相应该履行听真话的承诺,切实地正视印裔社群的困境与不满,并趁此推展改革,纠正不公正的制度与政策,才能赢取民心。如今政府改弦易张,强压人民不满,不但严重削弱民主政治,更使社会问题不能解决,摧毁政府的公信力。动用《内安法令》镇压人民的集会自由与不满,只显示执政者的虚弱,正视民间改革诉求,摒弃强权政治,才能促进社会的民主开放。


民权委员会主席谢春荣 谨启

Malik Imtiaz : HINDRAF 5: ISA Detentions Side-Step Justice System

http://malikimtiaz.blogspot.com/2007/12/hindraf-5-isa-detentions-side-step.html

What need was there to detain the HINDRAF five under the Internal Security Act?

The ISA is a draconian law. It has no place in the modern and mature society that Malaysia is. It has been condemned internationally and locally. The manner in which the ISA allows for subjective detention without trial is violative of the fundamental liberties of persons detained in a manner that cannot be justified in any circumstance.

The Government’s position is that the five are threats to national security and public order and that they are a menace to the public for having lied about the Government in accusing it of ethnic cleansing, for having organized illegal assemblies and for having had links with terrorist groups (‘5 Hindraf leaders a threat to national security’, NST, 14.12.2007).

These accusations reveal the possibility of the five having engaged in criminal activity. Three of the five have already been charged with sedition (though I wish to stress that I do not view the offence of sedition as being constitutional). Chapter VIA of the Penal Code was recently added to allow for the prosecution of persons involved in terrorist activity. Appropriate arguments could be mounted to oppose bail to ensure that pending the trial of the five, they would be prevented from fleeing the jurisdiction and, arguably, from repeating the offensive activity.

We cannot lose sight of the fact that no matter how heinous the activity complained of may appear, accusations remain mere accusations until and unless they are made out in a court of law. Every person is presumed innocent until proven guilty in a court of law.

The detentions are therefore clearly preemptive, allowing for a side-stepping of a criminal justice system that is aimed at ensuring that no person is denied his constitutionally guaranteed right to liberty save where it is denied through an exercise of judicial scrutiny replete with inbuilt safeguards aimed at ensuring that an innocent person is not mistakenly imprisoned.

The Government would have us believe that rather than preemptive, the detentions are preventive. The crucial question is on whose account. The Government can hardly be considered to be objective bearing in mind the cause HINDRAF espouses. We have heard much of the Government having taken grave exception to the positions HINDRAF has taken. In the very public fanfare surrounding the official reaction to HINDRAF, we have been made to understand that the Prime Minister is angry at the suggestion of ethnic cleansing. He is outraged at the lies that he feels HINDRAF has allegedly told of his Government ('Governmnent doing its best for Indians', NST, 02.12.2007; 'PM: They want to destroy the country', Malaysiakini, 13.12.2007). He is also, by virtue of being the Internal Security Minister, the authority responsible for the issuance of detention orders.

Anger is not sound basis for objective decision-making. It is further not a proper legal basis for the issuance of a detention order.

In the same vein, political expediency cannot be allowed to become a factor, more so where the detentions are a ‘face saving’ measure. And as much as the Government may deny this to be the case, the truth is that the Government is acting in its own cause. This is as compelling a reason as any to not invoke the subjective processes of the ISA.

The Prime Minister has publicly declared that the authorities have evidence of the alleged terrorist links HINDRAF is said to have ('Close watch on Hindraf', The Star, 08.12.2007). Minister Nazri has also publicly declared the existence of such links ('Link is with Tamil Tigers and India's Rss, says Nazri', The Star, 08.12.2007). If this is the case, then there is more reason for the five or any number of other persons involved to be appropriately charged and prosecuted.

The detention of the HINDRAF 5 may also have the retrogressive effect of, by reason of its ‘chilling’ effect, stifling genuine civil society efforts aimed at promoting discourse on the path this nation must take to ensure sustainable and inclusive development. This would include efforts by various interest groups aimed at addressing the underlying grievances that have caused citizens to peaceably assemble these past five weeks or so. It would be regrettable if these groups, in particular that part of the Indian community that, no matter the rhetoric and the politics of the situation, have felt represented in a way that they have not before were to take from the detentions a signal that the Government does not consider their situation and grievances as being of sufficient importance.

MIS

Public criticism on ISA arrest

ISA – A symbol of torture that silences peaceful protests - AI

Use of ISA condemned! - WAMI & CIJ

URGENT APPEAL: 5 Hindraf leaders Arrested under ISA - GMI

ISA Arrests of HINDRAF Leaders Indefensible - SUARAM

PENAHANAN PIMPINAN HINDRAF DI BAWAH ISA ADALAH ZALIM DAN KEJAM - SUARAM

5 Hindraf leaders Arrested under ISA: Release or Charge Them! - GMI

No To ISA Crackdown - Y4C & EMPOWER

Hindraf ISA arrests: BN govt has lost its moral authority - ALIRAN

Time BN and ISA to go ! PSM Statement - PSM

PAS kutuk penggunaan ISA terhadap pimpinan Hindraf - PAS

ISA a disgrace to Islam Hadhari and mockery to democracy -SIS

Star : Five Hindraf leaders detained under ISA

PETALING JAYA: Five Hindu Rights Action Force (Hindraf) leaders have been arrested and detained under the Internal Security Act (ISA).

The five are P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabatirau and T. Vasanthakumar. They were picked up at various locations in Selangor, Kuala Lumpur and Seremban.

It is learnt they were detained under Section 8 (1) of the ISA after Internal Security Minister Datuk Seri Abdulah Ahmad Badawi signed their detention order.

Their detention is for two years.

Uthayakumar and two others namely Ganabatirau and P. Waythamoorthy were charged under the Sedition Act on Nov 23 in Klang 23 for allegedly making speeches to incite hatred at a gathering in Batang Berjuntai, Selangor, on Nov 16. Waythamoorthy is currently overseas.

Under Section 73 (1) of the ISA, the police can detain any individual for up to 60 days without a warrant, trial and without access to legal counsel if he was suspected to have “acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."

After 60 days, the Minister of Home Affairs can extend the period of detention without trial for up to two years, without submitting any evidence for review by the courts, by issuing a detention order, which is renewable indefinitely.

The five detained

1) P. Uthayakumar

The 46-year-old lawyer was called to the Malaysian Bar on Jan 23, 1993. He is the legal advisor to the Police Watch and Human Rights Committee and advisor to the Malaysian People's Reform Party (Parti Reformasi Insan Malaysia or PRIM). He had been a secretary of the MIC Club in London and has appeared in a number of cases related to police abuse, deaths in police custody, police shootings and police inaction. He had also taken part in the reformasi campaigns in support of sacked Deputy Prime Minister Datuk Seri Anwar Ibrahim.

2) M. Manoharan

The 46-year-old Manoharan has been a lawyer for 15 years and was a legal assistant to Karpal Singh for 10 years before branching out on his own. He has been in the DAP and had contested in a parliamentary seat in Federal Territory and was also the Selangor DAP chairman for a short term.

3) V. Ganabatirau

Advisor to the DAP's Sri Muda branch in Shah Alam.

4) R. Kenghadharan

He is a lawyer and was one of the counsels for Uthayakumar when the latter was charged in court for publishing a seditious letter in a website.

5) T. Vasanthakumar

The former bank officer resigned about a month ago after his employers asked about his involvement with Hindraf. He is in his 30s and single. He is now a full-time Hindraf activist and its organising secretary.

http://thestar.com.my/news/story.asp?file=/2007/12/13/nation/20071213144228&sec=nation

Sunday, December 9, 2007

8 Arrested in Lawyers-organised March

SUARA RAKYAT MALAYSIA
433A, Jalan 5/46, Gasing Indah,
46000 Petaling Jaya, Selangor, Malaysia.
Telephone: +6 03 7784 3525 Fax: +6 03 7784 3526
Email: suaram@suaram.net Web: http://www.suaram.net/


Urgent appeal: 9 December 2007


Continued Assault on Freedom of Assembly:
8 Arrested in Lawyers-organised Human Rights Day March

The government¡¯s all-out assault on freedom of assembly continued this morning, during a march organised by a group of lawyers, when eight individuals were arrested. The march, held to mark the International Human Rights Day on 10 December 2007, was intended to start from the Sogo department store to Central Market, was stopped at a halfway point by the police.

At that point, the organisers tried to negotiate with the police to allow them to finish the march.

When negotiations failed, the police arrested seven individuals at Jalan Tun Perak, despite the organisers¡¯ and participants¡¯ willingness to cooperate. Those arrested have been taken to the Kuala Lumpur police headquarters.

In addition to the seven, one more individual was arrested in front of Bar Council building, making the total arrests so far eight.

The eight arrested are:

Sivarasa Rasiah (Arrested at Jalan Tun Perak)
N. Surendran (Arrested at Jalan Tun Perak)
Amer Hamzah (Arrested at Jalan Tun Perak)
Eric Paulsen (Arrested at Jalan Tun Perak)
Anthony Andu (Arrested at Jalan Tun Perak)
Noorazah Othman (Arrested at Jalan Tun Perak)
Latheefa Koya (Arrested at Jalan Tun Perak)
One individual arrested in front of Bar Council building

Yesterday, the police gave a warning to the public not to attend the march as no permit has been issued for the gathering. This fresh round of arrests and attack on peaceful assemblies came only in a matter of days after the government had threatened the use of ISA on the Hindu Rights Action Force (HINDRAF), which organised a massive rally two weeks ago.

SUARAM strongly condemns the government and police¡¯s continued assault on freedom of assembly. We demand that all arrested be released immediately and unconditionally.

We strongly urge the government to stop intimidating the public by pressing charges against participants in assemblies and demonstrations, and deplore its repeated threats to use the ISA.

Actions needed Please write protest letters to the government and the police to register your strongest condemnation and outrage on the latest arrests and the continued assault by the government on freedom of assemblies, and demand that all arrested be released immediately and unconditionally.

Your protest letters should be sent to:

Prime Minister of Malaysia
Dato¡¯ Seri Abdullah Ahmad Badawi
Prime Minister's Office Malaysia
Perdana Putra Building,
Federal Government Administrative Centre,
62502 PUTRAJAYA,Selangor, Malaysia.
Tel: + 60 3 8888 6000 Fax: + 60 3 8888 3444

Inspector-General of Police
Tan Sri Musa Hassan
Ibu Pejabat Polis Diraja Malaysia,
50560 Bukit Aman,
Kuala Lumpur, Malaysia.
Tel: 03-22626015Fax: 03-22725613
_________________

SAMPLE LETTER

[Letterhead of your organisation]

Prime Minister of Malaysia
Dato¡¯ Seri Abdullah Ahmad Badawi
Prime Minister's Office Malaysia
Perdana Putra Building,
Federal Government Administrative Centre,
62502 PUTRAJAYA,Selangor, Malaysia.
Tel: + 60 3 8888 6000 Fax: + 60 3 8888 3444

Dear Sir,

Re: Continued Assault on Freedom of Assembly - 8 Arrested in Lawyers¡¯ March

We are writing to express our outrage over your government¡¯s latest round of assault on the freedom of assembly.

On 9 December 2007, eight individuals were arrested by the police for attending a peaceful march intended to celebrate the International Human Rights Day, a day celebrated across the globe, including United Nations.

We question the need to resort to such actions, especially when the organisers of this peaceful march had tried to negotiate and shown willingness to cooperate with the police.

We view this as yet another attempt by your government to intimidate Malaysian citizens from participating in any form of public assembly.

We demand that all those arrested be released immediately and unconditionally. We further demand that your government stop the assault on freedom of assembly.

We condemn the repeated threats to use the ISA and the ridiculous charges pressed against demonstrators recently. We strongly urge you to stop shaming Malaysia, a member of the United Nations Human Rights Council.

We would like to remind you that freedom of assembly is guaranteed in the Universal Declaration of Human Rights as well as the Federal Constitution of Malaysia.

Yours sincerely, [Name]

Rela Bill will only make us better, says DG

Fauwaz Abdul Aziz Dec 7, 07 7:19pm

The concerns raised by human rights groups and other quarters regarding people's volunteer corps Rela provided the impetus for the proposed 'Rela bill', said its director-general Zaidon Asmuni.Whether they be fears about arbitrary searches, arrests and detentions, physical or sexual abuse, or the lack of a selection process to weed out the 'bad hats', the Rela bill is the only logical solution to such issues, he said.

"The proposed Act is so that we have our own legislation which will standardise and gazette what we do and the powers that we have currently. We will not have any powers beyond what we have already," he said when contacted today.

"The way I look at it, we are already doing work equal to that of existing government departments. People have actually expressed surprise that we're not yet a department! If we have our own department, it would improve our work. They need not fear us at all," he added.

Zaidon was responding to a memorandum submitted yesterday to various ministries and political leaders by civil society organisations who fear that the Rela bill would see more human rights violations and abuse of power by the corps' members.The human rights groups who submitted the memorandum - Suaram, Tenaganita, Hakam and the Civil Rights Committee of the Kuala Lumpur and Selangor Chinese Assembly Hall - also called for the disbanding of Rela.

90 percent positive work

Zaidon, however, chided them for calling for the disbanding of a volunteer body that he said has done a lot of good for the country since it was created, under the Home Ministry, by the Essential (Ikatan Relawan Rakyat) Regulations 1972.

"Rela has ensured security and public order at sports games, we have helped traffic police carry out their duties, we have done our part to prevent some crimes, we have helped out during natural disasters such as floods, and we provided food at evacuation centers.

"Which government agency has all these things under their portfolio? Perhaps 90 percent of what we do is positive, while only 10 percent of our members commit mischief. Those who are calling for the total disbandment of Rela have no sense of patriotism at all," he said.

Zaidon assured rights groups that while Rela would prefer having prosecution and investigation powers, these or other expanded powers are not provided for in the proposed Rela legislation.

"The current standard operating procedures will be the standard operating procedure under the Rela Act," he said.

Zaidon, who was formerly the Pahang Immigration Department director, clarified that much of what Rela does currently is to bolster the tremendous human resource demands placed on the police force and the Immigration Department's enforcement division.

Thus, a large number of Rela's 450,000 members have acted as security personnel for the immigration depots at the Kuala Lumpur International Airport as well as at Pasir Gudang in Johor.

"This has allowed the police to concentrate more on preventing crime, for example, while we have helped to bolster Immigration's 6,000 enforcement officers. The department is burdened with having to enforce, investigate and prosecute, among its other functions," said Zaidon.

Under control now

On the many allegations of human rights violations and abuses reported against Rela - especially against migrants and refugees - Zaidon admitted Rela struggled initially to come to terms with the powers it had been given almost three years ago.

Since then, however, Rela has 'matured' and the cases of abuse and violations - while not completely gone - have decreased to a controllable level, he said.

"In the first six months since March 2005, Rela was struggling and grasping, fumbling around the regulations and trying to determine how best to do things with regards to illegal immigrants.
"But after three years, we have matured. I don't deny the few cases where Rela members have committed assault or stole the possessions of people here and there. But such cases are not many and they are under our control," said Zaidon.

He also said the problems of abuse usually arise during the 'unofficial' operations conducted by Rela members which have not been sanctioned by senior Rela officers. These, he said, will decrease once Rela procedures and powers are streamlined by the Rela Act.

Zaidon also said Rela welcomes the set up of a commission or other mechanism to register, channel, investigate and act on complaints raised against any of its personnel or volunteers.
"We welcome the set up of a commission that would address complaints raised against any of the enforcement agencies, including Rela," he added.

http://www5.malaysiakini.com/news/75806

Rela Bill will unleash a 'monster'

Fauwaz Abdul Aziz Dec 6, 07 7:30pm

Proposed legislation to enable people's volunteer corps Rela to be operated under a department, as part of efforts to expand its powers, is being seen as disastrous for human rights - especially those of migrant workers and refugees.

Civil society organisations have teamed up to object to the Rela Bill which is due to be tabled in Parliament next week.

At a press conference in the Parliament lobby today, several leaders pointed out the long list of allegations and reports of abuses and violations levelled against Rela members.

These range from arbitrary searches, arrests and detentions, physical and sexual abuse, to forced entry into private homes and robbery, they said, disagreeing with the government's contention that the bill would help improve management of migrants and refugees.

Another key point made is that Rela's 450,000 volunteers undergo very little training and are not closely monitored or supervised by any governmental body.

"You will be unleashing a monster that you cannot control," PKR vice-president R Sivarasa said.
He was among several Barisan Nasional and opposition leaders who accepted a memorandum today on the Rela Bill, submitted by the Civil Rights Committee of Kuala Lumpur and Selangor Chinese Assembly Hall, Suaram, Tenaganita and Hakam.

The memorandum calls for Rela to be disbanded instead of being given additional powers; improvements to police and immigration officers' training to better handle matters of migrant workers and refugees, as well as domestic security; and for endorsement of the relevant international human rights conventions.

It also urges the Home Ministry, under which the volunteer corps is placed, to submit to Parliament regular reports on the raids, arrests and detentions carried out.

An appeals committee should also be set up so that alleged victims of abuse of power and violations of human rights can channel complaints, which can then be documented.

On the government's rationale of using Rela members to make up for the lack of police and immigration personnel, Suaram executive director Yap Swee Seng said such reasoning is similar to hiring St John's volunteer paramedics to carry out medical operations or other functions in hospitals.

He also cautioned that relations with neighbouring countries will worsen as a result of alleged abuse of various nationals by Malaysian security personnel.

"We hope all parliamentarians will raise the issue in Parliament and (reject) the bill, or it will lead to more human rights violations and further ruin our relationship with our own neighbours," said Yap.

'Disappointing reply'

DAP publicity secretary and Seputeh parliamentarian Teresa Kok said she would raise the matter in Parliament when the Rela bill comes up for debate.

She pointed out that her attempt in August to get the Home Ministry to address complaints raised against Rela had resulted in a disappointing reply which, in effect, dismissed them as mere allegations.

According to Kok, the ministry said no official complaint had been lodged regarding any Rela member or alleged abuse of power, and that no Rela member has been charged for violations committed during such operations.

"This is a brutal, fake, and very untruthful answer," said Kok.

She added that her application to Speaker Ramli Ngah Talib to refer the ministry to the Privileges Committee for 'misleading' the House had fallen on deaf ears.

Because of this, Kok said she will seek a RM10 cut from the proposed budget allocation for Rela to express dissatisfaction with the corps.

"I hope there will be more MPs, especially from BN, who will support this motion so that we can highlight this problem and reject the Rela bill," she said.

Minister in the Parliament's Department Mohd Nazri Abdul Aziz, who chairs the Parliamentary Human Rights Caucus, received the memorandum on behalf of the Home Ministry. He did not comment on its contents.

http://www5.malaysiakini.com/news/75754

Tuesday, December 4, 2007

Memorandum on Rela New Bill

CRC-KLSCAH and few Malaysian NGOs will submit a memorandum on Rela new bill to various parties at Parliament.

Date : 6 December 2007
Time : 1230pm
Venue : Parliament

Whoever interested to attend please contact Yaphwa at 012-2658448 or Mr. Chan at 03-22723519

Friday, November 23, 2007

The Sun : Whipping was unlawful

R. Surenthira Kumar
The Sun

PETALING JAYA (Nov 22, 2007):

The extended detention of eight Myanmars by prison authorities on Wednesday was unlawful, the Bar Council’s Human Rights Committee chairman Edmund Bon said today.

"We are extremely disappointed that the accused served longer jail terms than ordered by the courts, and were also whipped," he said when commenting on the case of eight Myanmar nationals who were whipped after serving more than double their jail terms due to a delay by the courts.

"The prisons cannot hold someone once his prison sentence has been served, irrespective of whether the whipping has been executed. In other words, the prisons cannot hold a prisoner just to wait for a decision whether to whip or not after his sentence is completed." added Bon who urged the courts to exercise its discretion and not impose the punishment of whipping on them, in the event asylum-seekers and refugees are prosecuted.

He said asylum-seekers and refugees require protection by the authorities and urged the government to stop prosecuting them, but to fully co-operate with UNHCR to allow them safe passage to a third country or peaceful residence here.

As a developing nation, Bon said the country should recognise and implement international human rights norms in the treatment of asylum-seekers and refugees as contained in the Refugee Convention.

"Prosecuting marginalised groups will not end the influx of the persecuted from neighbouring countries. It merely prolongs the suffering of those seeking escape from brutal regimes," he said.

The issue cropped up after eight Myanmars, who were sentenced to four months jail and two strokes of the rotan for entering the country illegally in April, dropped their appeal against the whipping.

The men gave up waiting for the appeal to be heard, as after serving four months longer than their sentence the outcome of their withdrawal of the appeal was yet to be known.

They were finally whipped on Wednesday and sent to the Immigration detention centre in Semenyih for deportation.

Meanwhile, Internal Security Deputy Minister Datuk Fu Ah Kiow said the extended detention of the eight Myanmars was lawful.

He said the Deputy Public Prosecutor had made an application for the eight men to be detained further according to the Subordinate Courts Act 1948.

He said the sentence must be seen wholly as it was not completed until the whipping had been carried out.

However he added the judiciary should speed-up clearing of such cases involving foreigners.
"The saying, justice delayed is justice denied, holds true and unless the courts speed up hearing the cases, the foreigners cannot be released sooner," said Fu, who added that sending them to the Immigration detention depots, after they had served their prison terms, while awaiting the outcome of their appeals on the whipping, was the same as their freedom is still restricted.

Foo however said the issue of illegal immigrants was serious and the government has to take a hard stand on the matter.

Meanwhile, Tenaganita said among the other factors which has resulted in immigrants having to stay behind bars longer, is the non-availability of accredited interpreters and translators at hand to hasten the court hearings.

"They are often deprived of legal representation and unless the Legal Aid Centre or volunteer lawyers agree to help them, their cases will be postponed indefinitely, said Tenaganita programme officer Florida Sandanasamy.

In many cases, those under detention give-up waiting for their cases to be heard after appealing against the sentence, and decide to accept whatever the courts order, with the hope of ‘getting it over with as quickly as possible’ and be freed or deported, she added.

http://www.sun2surf.com/article.cfm?id=20046
Updated: 07:55PM Thu, 22 Nov 2007

Rela to manage detention depots

The Star :

PUTRAJAYA: Rela members will be trained to take over the full-time running of the country’s 14 immigration depots by the end of this year.

The Cabinet made this decision recently to give Rela control of all these detention centres, which currently house some 11,000 illegal immigrants.

Rela is a voluntary corps under the Home Affairs Ministry and is governed by the Emergency (Stipulated Powers) Act 1964.

Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad said it would take about two years to train his ministry staff to run these immigration centres.

“So, for the time being, Rela members will be put in charge of these centres.

“They will be trained in aspects of crowd control, how to escort illegal immigrants and maintaining records, among others,” he told reporters at his office here yesterday.

Radzi added that Rela was already in charge of running two centres; one at the KL International Airport and the other at Pasir Gudang, Johor.

“And they are doing well there,” he said, adding that each centre run by Rela would have 20 to 30 of its members managing it.

They will be paid allowances to work full-time in shifts and members will be sourced from areas in the vicinity of the detention centres.

For instance, said Radzi, Rela members living around the depot in Lenggeng (in Negri Sembilan) will be given the opportunity to work there.

He said the running of the depots before this by the staff of the Prisons Department (which comes under the purview of the Internal Security Ministry) had made it difficult for Rela members to catch, detain and deport illegal immigrants.

This, in turn, had contributed to the overcrowding at the depots, he said.

So far this year, Rela had detained 30,332 foreigners for not having travel documents and had screened 156,070 others.

Radzi said Rela members carried out 30 to 40 raids a night, adding that the Cabinet had approved RM26mil to build two more detention centres and to expand an existing one to resolve the overcrowding problem.

http://thestar.com.my/news/story.asp?file=/2007/11/23/nation/19555005&sec=nation

Three Hindraf officials charged with sedition

R. Surenthira Kumar
The Sun

KLANG (Nov 23, 2007): Three officials of the Hindu Rights Action Force (Hindraf) were charged in the Sessions Court here this afternoon with sedition, shortly after they were arrested. They pleaded not guilty.

Hindraf adviser P. Uthayakumar, his brother P. Waythamoorthy (who is Hindraf chairman) and V. Ganapathy Rao -- who are all lawyers -- were charged with uttering seditious words at a restaurant in Batang Berjuntai on Nov 16 this year under Section 4 (1) (b) of the Sedition Act 1948.

Attached to the charge sheet was a nine-page translation of a speech delivered by Uthayakumar in Tamil on that day to a crowd.

A crowd of about 400 supporters gathered at the court complex as they were being charged. They chanted some slogans loudly, making it difficult for the proceedings to be heard.

As the prosecution only produced the charge at about 4.45 pm, Sessions Judge Zunaidah Mohd Idris extended the court hours to 6pm.

She had her hands full during the proceedings as a war of words broke out between defence lawyer R. Kanghadaran and the lead deputy public prosecutor Ishak Mohd Yusoff when another defence lawyer M. Manoharan told the judge and accused the prosecution of deliberately bringing a late charge so that the three accused would not be able to post bail.

After the prosecution told the interpreter to read the charges, Manoharan said the charges were unclear as it did spell out the seditious words in Tamil, and as such it was flawed and baseless.
Ishak however countered that the prosecution could make amendments later.

Manoharan however objected, saying the prosecution was not ready and police had not done a complete investigation, and as such, the charges should be dropped.

The judge however allowed the amendment to be made later, as the basic elements of the charge were there.

The defence later introduced Amer Hamzah Arshad, a representative of the Bar Council, asking the court to allow him to hold a watching brief on behalf of the Bar.

The prosecution objected, saying he had no locus standi. However, the judge allowed it.

Another defence lawyer A. Sivanesan argued that under the Criminal Procedure Code, since the charge was not specific, it should be dropped and the three men should be released. He said the prosecution could file fresh charges on Monday.

On bail arrangement, the prosecution offered a sum of RM2,000 each but the defence asked for RM1 only, as they have difficulty raising such a high amount.

The judge then set bail at RM800 each in cash since banking hours were over. She set Monday to re-mention the case.

After initially accepting the bail amount, Waythamoorthy later objected and said he would remain in policy custody as a sign of protest. On the way out, he insisted on being hand-cuffed and the request was granted.

The hat was passed among the supporters to raise bail and a total of RM3,244 was collected.
Earlier, during the case, the police warned the crowd to disperse but the supporters ignored it. There was no untoward incidents and they left quietly after the case was over.

http://www.sun2surf.com/article.cfm?id=20061

Monday, November 19, 2007

Nothing different, Asean Charter

There is not different after Asean Charter.

1. Could not remove membership if deny to comply the charter
2. Not attempt to stop serious human rights persecution in Burma


Continued flak over Asean Charter
By MERGAWATI ZULFAKAR

SINGAPORE: Asean leaders will ink the landmark Asean Charter here tomorrow which has been criticised for being silent on punitive measures against members for non-compliance.

Scepticism over the charter – giving the grouping a legal personality and institutional framework after 40 years in existence – arose as the group’s principles of non-interference in each other's internal affairs and decision-making by consensus are set to prevail.

Critics see the charter as ineffective against a country like Myanmar – ostracised over its human rights violations.

Foreign Minister Datuk Seri Syed Hamid Albar said many people misunderstood the non-interference principle.

Tight security: A woman being screened at the security screening area while policemen observe at the entrance of the Shangri-la Hotel, venue of the Asean Summit, in Singapore Sunday. - AFP“It is also in the United Nations Charter. It is not something that is alien, the principles are there but they are being interpreted and reinterpreted to suit the times.

“At the UN, we talk about the principle of equality and sovereignty of big or small nation. I don’t think it is right for us just to import wholesale the principle of democracy and human rights as understood by other regions or countries.

“The important thing is we respect the basic rights of the people of a certain country.”

In Asean’s case, Syed Hamid said it would not impose changes on a country.

“There are countries that have adopted human rights but also breached human rights. You don’t just sack people for that sort of thing,” he told The Star in an interview.

The group is monitoring the situation in Myanmar following the military junta’s suppression of pro democracy protests in September. United Nations special envoy Ibrahim Gambari has been to the country twice to hold talks with military officials.

Asked if Asean was being sidelined as the United Nations took the lead, Syed Hamid said Myanmar was comfortable dealing with the United Nations.

“Asean has always encouraged the direct interaction with the UN. Asean countries support the UN and this has helped the UN processes to succeed.

“There has been much consultation between the special adviser to the secretary-general with a few Asean countries.

“We have not failed, things are moving, we can be hopeful. We just have to wait,” he said.

http://www.thestar.com.my/news/story.asp?file=/2007/11/19/nation/19512302&sec=nation

隆雪华青抗议博大校方再次滥用大专法令提控学生

发表者 scah 于 2007-11-19

2005年博大校方诬告6名学生不逐后,在两年后的今天博大校方坚持唱反调,根本没有针对两年前所犯下的错误进行调查和反省,反而重蹈覆辙,利用《1971年大专法令》不合理条文提控李松荣同学。这显示博大校方不专业、违反民意及有企图性的打压学生。尤其在这两年其间改革大专院校、呼吁及商讨废除或检讨《1971年大专法令》的声浪不断下,但是博大校方似乎没有正视问题的根源着手。

隆雪华青提醒该听证会主控官博大副校长(工业及社会联系)兼纪律委员会主席戴志佑,应该清楚被委任为新阶博大副校长的重任乃积极提升大专院校的教育水平、为国家社会培育全人的高等教育机构;而不是让博大校园的声誉再次掉落到最低点。要知道高等教育改革的呼声,早在十多年前已经不断提出了。让人民痛心的是博特拉大学这所国立大专,就是因为其所犯下的错误,导致博大根本无法列入英国泰晤士报所公布的全球200所最佳大学的排名中。

针对李松荣同学要求律师陪同出席听证会被拒一事,隆雪华青也抨击博大校方违反马来西亚宪法,因为校方不允许李松荣在代表律师的陪同下出席审讯是违反了联邦宪法第5条文,即每个人都有获得代表律师辩护的权利。博大校方的做法明显已经违反宪法及法律精神。如果校方是拥有确实的证据的话,那么更应该大胆地让学生见识校方专业的处理手法,而不是逃避我国的法律程序。

博大校方在这三年期间的行为,已经为我国人权纪录划上另一个污点,并让已经倍受非议的我国大专教育进一步蒙羞。因此,隆雪华青要求:

1. 立刻废除《1971年大专法令》,停止我国大专院校打压学生的事件重复的上演,以归还大专生基本权利以及尊严。

2. 校方应该多花心思以正视如何改善我国的教育问题,而非一而再的让政治干预教育。

3. 学生会应该挺身而出,为李松荣同学辩护;以实践积极争取自身权益的角色,拒绝成为沉默的校方傀儡。隆雪华堂青年团团长陈松林

http://www.scah.org.my/modules/news/article.php?storyid=666

Friday, November 9, 2007

BERSIH People’s Gathering

Venue: Dataran Merdeka
Date: 10 November 2007
Time: 3pm


Objective:

BERSIH’s campaign for electoral reform is endorsed by 29 NGOs and 5 political parties. Our immediate demands are:

- The use of indelible ink
- A cleanup of the electoral roll
- The abolition of domestic postal voting
- Fair access to the media

* Find out more about BERSIH in the “About BERSIH” and “Joint Communique” sections of this website.

Guidelines for the Gathering:

1. Participants are encouraged to wear YELLOW (clothing, headband, armband, ribbon, etc).

2. This is a PEACEFUL gathering so please do not bring anything which, if deemed to pose a danger to other participants, can be confiscated by our security personnel.

3. Participants are NOT ENCOURAGED to drive directly to the venue. The underground carpark at Putra Place is closed. Park your car elsehwere and walk to the venue or take public transport such as the LRT.

4. Please DO NOT LITTER at the venue. Take all your rubbish with you.

5. Please BEHAVE PROPERLY at all times.

6. Participants are encouraged to bring placards with the words: “Clean & Fair Elections Now”, “Restore Our Rights”, “Save Malaysia”, “Fair Access to Media”, Clean up Electoral Roll”, “Abolish Postal Voting” in all languages.

http://bersih.org/?page_id=348

Perhimpunan 10 Nov: Kumpul di 4 lokasi kalau Dataran ditutup - Bersih

POLIS dijangka akan semua jalan menuju ke Dataran Merdeka bagi mengelakkan orang ramai berkumpul untuk menuntut sebuah sistem pilihanraya yang bersih esok. S

ekiranya itu dilakukan, penganjurnya Gabungan Menuntut Pilihan Raya Bersih dan Adil (Bersih) mengumumkan empat lokasi untuk porang ramai berkumpul sebagai langkah alternatif."

Tempat-tempat tersebut ialah di Sogo, Masjid India, Masjid Negara dan Pasar Seni.

Orang ramai dinasihatkan berkumpul di keempat-empat lakasi tersebut sehingga isyarat bergabung diterima dari pemimpin perhimpunan," kata ahli jawatankuasa Bersih Tian Chua dalam satu kenyataan hari ini.

Walaubagaimana pun katanya, sekiranya Dataran Merdeka tidak ditutup, orang ramai diminta berkumpul disitu seperti rancangan asal.

Selain itu kata Tian, orang ramai juga dinasihati masuk ke Kuala Lumpur lebih awal kerana pihak penganjur menjangkakan polis akan mengadakan sekatan-sekatan jalanraya dikabanyakan lalaun memasuki ibu kota.

http://www.malaysia-today.net/nuc2006/letter.php?itemid=191

Bersih gives point-by-point rebuttal to police

Fauwaz Abdul Aziz
Nov 9, 07

Poll watchdog coalition Bersih submitted its appeal to Kuala Lumpur chief police officer Zulhasnan Najib Baharuddin yesterday after the application for a permit for Saturday’s rally calling for electoral reforms was rejected earlier this week.

The rejection letter and reasons for the rejection were contained in a letter by Dang Wangi district police chief Mohd Zulkarnain Abdul Rahman which was received by Bersih on Wednesday.

Three members of the event’s organising committee - coordinator of activist group ‘Penggerak Demokrasi Rakyat’ Anuar Tahir, PKR vice-president R Sivarasa, and DAP’s chief election strategist Liew Chin Tong - had signed the appeal.

In response to Zulkarnain’s contention that Bersih is not a registered organisation, Bersih clarified to Zulhasnan (right) in a letter despatched the following day that it was a coalition of 67 registered organisations and five political parties.

Dataran a public place

To ensure this does not become grounds for rejection, furthermore, PKR as one of the coalition members of Bersih had also served to endorse the application for the permit, reads the letter.
Countering Zulkarnain’s statement that no approval had been issued by Kuala Lumpur City Hall (DBKL) for the use of Dataran Merdeka, Bersih said the square was a public place that cannot be equated with a building or hall owned by DBKL necessitating its permission.

DBKL has, however, been informed of the rally, it added.

The letter also pointed out that Dataran Merdeka was only a transit place for participants of the gathering before proceeding to Istana Negara where they have planned to submit a memorandum on free and clean elections.

To Zulkarnain’s statement that there was another event slotted to take place at Dataran Merdeka at 4:30 pm, Bersih informed Zulhasnan that the gathering would already have dispersed by that time and therefore would not be a hindrance.

Zulkarnain had also claimed the police have information that certain quarters would take the opportunity to disturb peace and public order or threaten the safety of civilians.

To this, Bersih reiterated its assurance that it would ensure all participants to the rally gather and march in an orderly and peaceful manner.

“We welcome the presence in reasonable numbers of uniformed police to be with us from a distance as we march from Dataran Merdeka to Istana Negara.

“If there are any groups causing a disturbance, we regard as the responsibility of the police to control the situation and ensure that such individuals or groups be arrested to prevent any untoward incident.

“If the police have any information on hand regarding such groups, the police should give us their names and identities and warn them that the police will act in the event they commit violence and cause a disturbance.”

Human rights aspectBersih also dismissed the reason given by Zulkarnain that the disturbance to traffic was a reason to reject the application for a permit.

“It is evident that in any gathering and procession, whether medium-sized or small, will affect traffic. If this is used as an excuse, it will eliminate the right to assemble… Disturbances to traffic flow can be lessened and requires the cooperation of traffic police as shown in most large processions outside our country,” they said.

“We appeal that you see this from the aspect of human rights by which members of the public have the right to assemble and to freedom of speech. This issue is among the foundations of this country’s democratic practices and its political future.

“If there is no reform of the elections system, the people of this country will lose its faith in the political system and this will lead to dire consequences.

“We hope the police can decide professionally and not be partisan to any quarter. In the event of failure, the image of the police will be affected and it will be seen as a tool of the ruling parties.”

http://bersih.org/?p=435

Shamsul : Anak Muda Malaysia perlu turun ke Dataran Merdeka 10 November

Nota ini ditujukan kepada semua anak muda Malaysia yang bakal mewarisi negara ini.

Negara ini perlu segera diselamatkan. Tiga tonggak penting negara; parlimen, kehakiman dan eksekutif sedang mereput perlahan-lahan oleh kerana amalan rasuah dan tidak amanahnya mereka yang dipilih.

10 November 2007 ini, jam 3.00 petang satu perhimpunan aman rakyat akan berlangsung untuk cuba memulihkan salah satu tonggak penting negara kita.

Sebagai pewaris masa depan, perhimpunan ini sangat signifikan dan dekat dengan kita, justeru kita sangat perlu untuk datang ke Dataran Merdeka Kuala Lumpur, jam 3.00 petang, untuk bersama-sama rakyat lainnya menyatakan solidariti dan sokongan menuntut Suruhanjaya Pilihanraya (SPR) melangsungkan pilihanraya yang bebas dan adil.

Perhimpunan 100,000 rakyat yang sedang di buruk-burukkan ini oleh pimpinan Umno adalah sangat penting untuk kita generasi muda dan seluruh rakyat Malaysia. Himpunan ini adalah perhimpunan aman rakyat yang mahukan keamanan. Dan himpunan ini adalah berobjektifkan pilihanraya yang bebas dan adil.

Jelas mereka yang tidak mahu dan membenci perhimpunan ini adalah mereka yang tidak mahu keadilan dan kebebasan tertegak, yang mahu terus berkuasa dengan cara yang jijik dan kotor melalui penipuan pilihanraya berterusan.

Ini juga bukan perhimpunan anti-kerajaan ataupun menjatuhkan kerajaan. Himpunan ini ditujukan kepada Seri Paduka Baginda Yang DiPertuan Agong, bahawa rakyat mahukan pilihanraya yang bebas dan adil.

Pilihanraya bebas dan adil sangat perlu bagi kita memperoleh ahli-ahli pembuat dasar dan pimpinan kerajaan yang benar-benar disokong dan mendapat kepercayaan dari rakyat. Barulah dasar dan hala tuju negara tidak diperkuda sewenang-wenang oleh mereka yang kita lantik untuk mewakili kita di parlimen.

Kita tidak perlu lagi ditipu oleh sistem pilihanraya sekarang yang dipenuhi dengan kecurigaan kecurangan yang sebahagiannya telah dibuktikan di dalam mahkamah.

Anak muda Malaysia, mari kita turun semua ke Dataran Merdeka agar kita tidak dikutuk oleh generasi pewaris kita kerana membiarkan negara ini mereput sistem moral dan demokrasinya!

Shamsul Iskandar Md Akin

Ketua Angkatan Muda Parti Keadilan Rakyat

http://www.malaysia-today.net/nuc2006/letter.php?itemid=193

Monday, October 29, 2007

GMI : No ISA detention under Pak Lah is a blatant lie

The Abolish ISA Movement (Gerakan Mansuhkan ISA, GMI) strongly refutes the statement by Minister in the Prime Minister's Department Tan Sri Bernard Dompok, who said that there has been no detention under the Internal Security Act (ISA) since Abdullah Ahmad Badawi took over as Prime Minister in 2003 (The Star, 22nd October 2007).

The statement by the Minister is a blatant lie. Since Abdullah Ahmad Badawi assumed office of the Prime Minister in October 2003, the ISA has continuously been used.

The statistics of arrests and renewal of detention orders under the ISA during Abdullah Badawi’s premiership thus far are as follows:

Year
New Arrests
Renewed Detention Orders
Total in Kamunting

2004
12
25
101

2005
16
30
107

2006
20
18
90

2007 (as of October)
9
Statistics not available
90

(GMI Monitoring)

In this year alone, four individuals were arrested for allegedly spreading rumors of racial riots in Johor Bahru recently. Another five were arrested for alleged involvement in Jemaah Islamiah - Mohd Faizul Bin Haji Samsudin, Mohd Amir Bin Mohd Hanafiah, Ahmad Kamil Bin Mohd Hanafiah, Zulkifli Bin Abu Bakar and Mohd Noor bin Abu Bakar.

The Minister’s statement is especially factually wrong when Abdullah Ahmad Badawi as the Internal Security Minister has personally signed the 2-year renewal detention orders of 73 ISA detainees since he came into power.

Many of these detainees are now having their detention without trial entering into the fifth or sixth years in Kamunting detention camp.GMI is also shocked and regrets that the Minister said that “Until today we have no opportunity to discuss this particular matter and we do want to know more about it.”

Since 2001, GMI, a coalition of 83 NGOs and community groups, have been actively campaigning against the ISA. Numerous reports and memoranda have been handed over to Suhakam, the PM’s office and the Internal Affairs Ministry to abolish the ISA.

GMI also wishes to highlight that besides press statements, at least more than three memoranda have been sent to the Prime Minister and his Ministry, the Internal Security Ministry during the past 3 years - none of which has been replied.

It is highly regrettable that now, with the judgment of Malek Hussein, the minister has misled the public by trying to project an image that the government of Abdullah Ahmad Badawi is less abusive with the cruel and draconian ISA.

GMI would like to point out to the Minister and Prime Minister that, as of today, there are no less than 90 ISA detainees continue to languish in the Kamunting Detention Camp.GMI would like to remind the Minister that the ISA is not only unfair and unjust to the detainees, but has also become one of the main root-causes of corruption, abuse of power and police brutality.

The lack of transparency and accountability and the secrecy of the use of the ISA provide a more than perfect environment for corruption, abuse of power and torture by the police as in evident and confirmed in the judgment of Malek Hussin’s civil suit case recently.

GMI strongly urges the Government to respect the right to trial for those who have been detained under the ISA in Malaysia. “Emergency” laws in Malaysia disregard human rights and violate the safeguards contained in the Federal Constitution and international human rights law.

Therefore, GMI calls for the following:The Minister and the Government to retract the previous statement or comments and make a public apology, especially to the ISA detainees and the families.

Abolish the ISA and all forms of detention without trial; charge all detainees in an open court or else release them immediately and unconditionally. Heed the call of SUHAKAM, the independent body which safeguards human rights in Malaysia, to review and abolish ISA.

Numerous international human rights bodies have also voiced the same for many years.A

bolish ISA!
Release All ISA Detainees!
Close Down Kamunting Detention Camp!

Yours sincerely,
Syed Ibrahim Syed Noh
Chairman GMI

http://malaysia-today.net/blog2006/letters.php?blogid=5&archive=2007-10

Star : 2 cops deny doctoring witness’ statement in probe

Saturday October 27, 2007

Two cops deny doctoring witness’ statement in probe

JOHOR BARU: Two policemen claimed trial to doctoring a witness’ statement in investigations involving Johor businessman Goh Cheng Poh at the Sessions Court here.

Deputy Supt Baharin Mohd Rose, 52, an officer with the Internal Security and Public Order division, and Sjn Mejar Hasan Aman, 49, were charged with falsifying the statement of witness 34-year-old Chong Wah.

If convicted, they can be sentenced up to two years’ jail or face a fine or both.

They allegedly committed the offence at Pulai Springs Resort Berhad, Pulai, at 11am on June 5.
DSP Baharin also claimed trial to using the forged witness statement of Chong at the Internal Security Ministry in Putrajaya on July 2.

Anti-Corruption Agency Deputy Public Prosecutor Mohamad Jazamudin Ahmad Nawawi proposed that bail be set at RM10,000 for each accused.

Sessions judge Zanol Rashid Hussain allowed RM8,000 bail for each and fixed hearing for Feb 13 and Feb 14 of next year.

Abdul Halim Yahya and former Terengganu Deputy CPO Datuk Kamaruddin Mat Desa represented both the accused.

Recently, there has been a string of cases involving policemen being investigated for corruption.
On Thursday, at the Malacca Sessions Court, Sjn Mejar Hasan along with Asst Supt Hong Keng Hock, 42, of the Commercial Crime Department in Bukit Aman, also claimed trial to using forged statements of witnesses Siew Kok Seng, 55, and Chua Sia Heng, 40, in investigations involving the same businessman.

On Wednesday, ASP Hong was charged in Kuala Lumpur with two counts of using the forged statements of Siew and Chua at the Commercial Crime Investigation Department’s operation/technical assistance division in Bukit Aman.

http://thestar.com.my/news/story.asp?file=/2007/10/27/courts/19294862&sec=courts

Ahmad Fairuz the most incompetent CJ




From limkitsiang.com :

I referred to the Malaysian Bar website listing the reported judgments written by Ahmad Fairuz as compared to his three predecessors, Tun Salleh Abas, Raja Azlan Shah and Tun Mohamad Suffian which placed the current Chief Justice in very poor light for being the most “unproductive” of the four.

The comparative figures for Ahmad Fairuz, Salleh Abas, Raja Azlan and Mohd Suffian for written judgments are as follows:


*Table courtesy of Bar Council.

Friday, October 26, 2007

Kami Penan perlu tanah dan hutan

"Kami bukan pakai lesen, kami hanya pakai adat kami yang sudah ada sebelum syarikat dan sebelum lesen. "

http://www.malaysiakini.com/letters/73752

Kami Penan perlu tanah dan hutan

Matu Tugang & Along JooOct 19, 07 7:47pm

Kami gembira mendengar syarikat Shin Yang berkata yang dia sangat mengambil berat tentang keperluan hidup dan hak adat kami kaum Penan (Logging firm: We're doing our best to help Penans). Tetapi kami tidak mengerti kenapa keadaan sebenarnya, jauh berbeza dengan apa yang dicakapkan oleh Shin Yang.

Terlebih dahulu, apa yang benar, kami memang mengaku benar. Memang Shin Yang ada membantu kami dengan belanja orang mati, tetapi tidak pernah sekali dengan pengangkutan membawa mayat pulang atau menghantar mayat ke kubur.

Begitu juga, Shin Yang ada membayar elaun kepada ketua kampung dan ahli JKKK (jawatankuasa kemajuan dan keselamatan kampung), tetapi syarikat ini tidak membayarnya kepada semua ketua kampung dan JKKK dalam kawasan lesennya.

Kami juga mengaku bahawa Shin Yang seperti dengan syarikat lain ada memberi buah tangan untuk kami merayakan Krismas. Tetapi, tidak seperti yang dikata oleh wakilnya, tidak ada buah tangan dalam bentuk wang dan dalam bentuk barang.

Kami diberi RM300 untuk satu rumah panjang yang seramai 40 keluarga dan kami boleh terima dalam bentuk wang atau bentuk barang. Selain ini, kata kata lain wakil Shin Yang jauh daripada benar, dan kami ingin membalas cakap mereka satu demi satu, dari perkara kecil hingga perkara besar.

Yang pertama, sebalik daripada membayar pemali, wakil Shin Yang sudah kata kepada kami bahawa pemali itu sudahpun selesai pada waktu syarikat balak mula masuk ke kawasan kami Penan dulu, dan dia tidak perlu lagi membayar pemali untuk kerja ladang sawit dan kayu kertas.

Yang benar, Shin Yang sawit ada memberi pemali kepada kampung Penan Lg Jaik, tetapi tidak kepada yang lain. Yang kedua, kami Penan di Seping, Plieran dan Danum berani berkata bahawa Shin Yang yang paling tidak membantu kami dengan pengangkutan ke Sg Asap, sama ada untuk menghantar anak ke sekolah atau membawa orang sakit ke klinik.

Sebaliknya, kami selalu dimarah dan dihina apabila kami cuba memohon bantuan ini daripada Shin Yang tidak kira Shin Yang Plantation atau Shin Yang Forestry.

Yang ketiga, kami Penan Seping, Plieran dan Danum juga berani berkata bahawa Shin Yang yang paling tidak membantu kita dengan keperluan perumahan.

Hanya pada tahun 2007 ini, baru Shin Yang ada membuat satu rumah panjang untuk Penan Lg Pelutan. Itupun bukan sebagai menolong, tetapi sebagai mengganti pulau hutan Penan Lg Pelutan, iaitu mereka menyerah hutan tersebut kepada Shin Yang untuk mengambil kayu balak dan membuat ladang kayu kertas.

Begitu juga dengan air paip di mana Penan Lg Jaik telah mendapat bekalannya dari medical (pihak perubatan). Kami Penan Lg Singu, Lg Luar dan Lg Tangau tidak ada air paip dan terpaksa menggunakan air hujan untuk masak dan minum dan air sungai yang kotor untuk mandi dan mencuci kain.

Keempat, kami berani mencabar Shin Yang supaya menunjukkan buku bukunya sebagai bukti bahawa 90 peratus pekerja di ladang sawit adalah orang Penan.

Kami Penan tidak bersekolah, tetapi kami ada mata dan kami sendiri dapat nampak majoriti pekerja (ladang) sawit adalah orang Indonesia atau bangsa lain daripada Penan.

Kelima, dan yang paling penting, kami menolak sama sekali cakap wakil Shin Yang bahawa mereka menghormati hak dan tanah adat kami. Sebaliknya, syarikat ini meninjak hak kami.

Bila Shin Yang Plantation mula masuk ke kawasan kami, wakilnya berkata kepada kami bahawa mereka memegang lesen bagi semua kawasan ini dan kami Penan tiada hak ke atas kawasan ini, selain tanah temuda dan kubur.

Mereka ada berkata bahawa kami tidak boleh menyimpan tanah atau hutan untuk kegunaan kami. Tambahnya lagi, Shin Yang Plantation bukan datang berrunding dengan kami dulu. Dia membuat sesuka hatinya, mengambil tanah temuda kami, lalu mahu membayar RM300 untuk satu hektar tanah temuda yang sudah mereka habis tolak.

Kami Penan tidak setuju and tidak mahu, tetapi apa boleh buat, tanah itu pun sudah mereka gundur dan tanam sawit atau kayu kertas. Jadi, terpaksalah kami terima RM300 untuk setiap satu hektar.

Kami Penan Seping, Plieran dan Danum ini memang takut dengan mereka dan takut dengan perintah. Lalu, walaupun kami amat sakit hati dan susah hati, kami tidak tahu buat apa apa.

Seorang daripada ketua kampung kami, iaitu Matu Tugang dari Lg Jaik, ada pergi berjumpa DO (district officer) Belaga dengan GM (general manager) Shin Yang. Sebelum itu, DO Belaga waktu itu ada memberitahu TR (Tui Rumah) Matu bahawa memang Penan perlu tanah dan hutan.

Tetapi, ketika berdepan dengan GM Shin Yang, DO Belaga kata apa yang boleh dia atur, dia akan atur. Lalu, diberitahu GM supaya jangan kacau pulau paip. Tetapi pasal tanah, dia memberitahu TR Matu supaya tunggu GM atur bagi tanah sama Penan kerana kami Penan tidak ada kuasa.

Apabila TR Matu dengar kata DO, dia pun diam diri kerana takut dengan perintah dan takut salah cakap, bukan kerana dia terima kata kata itu. Sudah beratus tahun kami Penan duduk di kawasan ini. Bagaimana pula kami Penan tidak ada kuasa dan tidak ada hak?

Kami bukan pakai lesen, kami hanya pakai adat kami yang sudah ada sebelum syarikat dan sebelum lesen.

Jadi, TR Matu pun bertanya dengan kawan kerana dia fikir cakap DO itu tidak patut. Kawan itu menasihatkan TR Matu supaya bertanya kepada orang yang lebih tahu tentang hak adat, tetapi dia juga fikir tidak patut rumah panjang tidak ada kuasa atas tanah mereka.

Dia memberi alamat Suhakam (Suruhanjaya Hak Asasi Manusia Malaysia) kepada TR Matu dan dengan cara itu TR Matu dapat menyampaikan aduannya kepada Suhakam. Ikut cakap Suhakam, kami Penan tidak dapat tahan semua kawasan, mahu ada bagi kepada syarikat dan juga ada bagi untuk kami.

Kalau begitu, kami Penan Seping, Plieran dan Danum dapat terima. Tetapi, sekarang GM kata TR Matu mahu tahan terlalu banyak tanah. Sekian lama kami Penan menjaga hutan di kawasan ini.

Sekarang, dalam masa beberapa tahun sahaja, Shin Yang sudah tebang habis hutan itu, tinggal hanya sedikit di atas bukit dan dalam kawasan yang kami tahan. Bagi kami Penan, kawasan kami bukan setakat perkara penghidup kami tetapi juga penuh dengan kenangan pahit manis kami.

Sekarang, tempat itu semuanya sudah hancur musnah. Tambahan pula, penghidup kami pun syarikat mahu ambil. Kami Penan perlu tanah dan perlu hutan.

Kawasan yang kami cuba tahan sekarang tidak luas berbanding dengan berpuluh ribu hektar (kawasan) lesen Shin Yang.

Yang kami cuba tahan hanya sedikit hutan, tidak cukup pun untuk babi lalu, dan sedikit tanah untuk tanam padi. Itu hanya yang tinggal untuk kami dan keturunan kami.

Kalau sedikit itu pun tidak dapat, baik bunuh kami Penan sekarang daripada bunuh kami perlahan lahan.

Nota: Matu Tugang adalah Tuai Rumah Lg Jaik dan Along Joo adalah Tuai Rumah Lg Singu.

Thursday, October 25, 2007

Aliran : Chief Justice must go – and go now

Aliran media statementhttp://www.aliran.com

Chief Justice must go – and go now
Wednesday, 17 October 2007

It would upset and disappoint Malaysians terribly if the tenure of the current Chief Justice, Tun Ahmad Fairuz Sheikh Abdul Halim, were to be extended. It would seriously undermine the confidence of the people in the judiciary to a point of no return.

The judiciary is already in a shambles and there is no need to degrade it further by extending the tenure of the Chief Justice of the Federal Court.

On behalf of all Malaysians, Aliran would like to politely and humbly appeal to His Majesty, the Yang diPertuan Agong, to reject Ahmad Fairuz’s application to His Majesty for a six-month extension of tenure. Article 125(1) states: Subject to the provisions of Clauses (2) to (5), a judge of the Federal Court shall hold office until he attains the age of sixty-six years or such later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong may approve.

In this extension of tenure of office, the Prime Minister does not seem to have any role to play. It would appear that His Majesty, the Yang di-Pertuan Agong, solely decides on this matter. It is the absolute discretion of His Majesty, the Yang di-Pertuan Agong.

By now it is very clear that it is the collective view of all thinking Malaysians that Ahmad Fairuz does not deserve to be in office even a minute longer. He must go - and go in the soonest time frame that is possible. After the disgraceful Lingam tape, it is only morally correct that he should not be around to denigrate an institution that is the custodian of justice. It is as simple as that.

Ahmad Fairuz has not openly and publicly denied that he is the person on the other end of the telephone conversation. He has not said any thing to dispel all the rumours that link him to various episodes in the promotion and elevation of judges. Neither is he spared from the negative and speculative judgments that he has been associated with. How could such a person who has miserably failed to put the record straight be considered for an extension of tenure of office?

We are not persuaded by Datuk Seri Nazri’s claim, according to the NST of today, that “the Yang di-Pertuan Agong has to act on the advice of the prime minister on extending the tenure of the chief justice”, who is due to retire at the end of the month. He further reiterates that the “king as a constitutional monarch was bound by the prime minister’s advice in the appointment and promotion of judicial officers. This includes whether to extend by six months the tenure of the chief justice after he attains the compulsory retirement age of 66”.
Nazri seems to conveniently forget that in the appointment and promotion of judicial officers, His Majesty is required to act “after consulting the Conference of Rulers”. “After consulting the Conference of Rulers” does not seem to suggest that it is purely an academic exercise. It is more than that. There has to be deliberation to arrive at a collective decision – no matter what Nazri may insist. There are others in the legal circle who do not share Nazri’s interpretation of the Federal Constitution.

We are not persuaded by Datuk Seri Nazri’s claim, according to the NST of today, that “the Yang di-Pertuan Agong has to act on the advice of the prime minister on extending the tenure of the chief justice”, who is due to retire at the end of the month. He further reiterates that the “king as a constitutional monarch was bound by the prime minister’s advice in the appointment and promotion of judicial officers. This includes whether to extend by six months the tenure of the chief justice after he attains the compulsory retirement age of 66”

Nazri seems to conveniently forget that in the appointment and promotion of judicial officers, His Majesty is required to act “after consulting the Conference of Rulers”. “After consulting the Conference of Rulers” does not seem to suggest that it is purely an academic exercise. It is more than that. There has to be deliberation to arrive at a collective decision – no matter what Nazri may insist. There are others in the legal circle who do not share Nazri’s interpretation of the Federal Constitution.

Under the Federal Constitution, when it comes to “tendering his advice as to the appointment of a judge”, the Prime Minister does not simply pluck out a name for consideration out of thin air. He “shall consult” the respective heads of the Federal Court, the Court of Appeal and the High Court before submitting the names to His Majesty, the Yang di-Pertuan Agong. Just as in this case, “shall consult” does not mean a meaningless chat with the respective heads but refers to a constructive discussion and recommendation; this same process applies when His Majesty consults the Conference of Rulers

Aliran would like to advise Nazri not to confuse the public with his one-sided interpretation of the Federal Constitution

P Ramakrishnan
President
17 October 2007

Suaram : Death in Police Custody: Ulaganathan a/l Muniandy

http://malaysia-today.net/blog2006/letters.php?itemid=9355

23/10: Death in Police Custody: Ulaganathan a/l Muniandy

Category: General
Posted by: Raja Petra

Inquest death of a 19 year old boyIn reference to above matter, Suara Rakyat Malaysia (SUARAM) would like to inform you that an inquest into death in police custody case of Ulaganathan a/l Muniandy will be held after a delay of 4 years.

Ulaganathan Muniandy (19year old) an Emergency Ordinance detainee was detained at Kajang Police Station since 15 May 2003 and had died suddenly in 21 July 2003 at Kajang Hospital.

According to the Kajang hospital the cause of death "cannot be determined" while the family suspect foul-play.When the family finally with the help of SUARAM and Bar Council wanted to do a civil suit, now the Attorney general have finally requested for an Inquest being carried out - 4 years after the death.

The details of the inquest as below:

Date: 24 October 2007 (Wednesday)
Time: 8.30am
Venue: Magistrate Court Kajang (Bersidang Di Putrajaya) Aras 1 & 2, Zon Selatan (Bangunan Annexe)Palace Of Justice, Presint 3, 62506 Putrajaya

Death in Police custody is a fundamental human rights violation and goes against the rights to life. We very much hope that your press organization will cover the above event.For inquiries, please call SUARAM or Moon Hui (012-7209981). Thank you.

Yours sincerely,
Moon Hui
Coordinator

Saturday, October 20, 2007

首相应告别压制人权黑暗期,废除恶法推动警察改革

吉隆坡暨雪兰莪中华大会堂民权委员会欣慰法庭宣判内安法令扣留者阿都马列胡先起诉政府非法扣留和暴力虐待胜诉。这是迟来的正义,证实了长期以来内安法扣留者遭暴力虐待的事实。然而,这项残酷的事实只是执法者暴力行径的冰山一角,更值得责问的是,何以政府竟然容忍如此不人道的举措维持多年。

今年10月27日是茅草行动二十周年纪念。过去这项大规模逮捕异议分子行动,是本国自 513以来最大的压制人权黑暗事件,连同1988年司法危机以及最高法院法官革职事件, 令民主制度破坏殆尽,其压制性效应一直延续到今天。

当年政府援引《1960年内安法令》扣留106名政党人士和社运工作者,却始终未能提出他们危害国家安全的证据加以提控。同样的,扣留者也投诉遭执法者暴力威胁,种种压制侵害人权,剥夺人性尊严。

面对种种的非法扣留以及执法者如此卑鄙无耻的暴力行径,政府应该立即向过去所有非法扣留和暴力虐待的受害者致歉,同时废除《1960年内安法令》,以根绝这种非人性的制度化暴力,以免执法者继续藉以侵犯人权。该法是我国最大的不公正,赋予部长过大的权力批准无审讯扣留,导致严重侵犯宪赋人权。这项恶法导致部长权限凌驾司法,行政权力恶性膨胀,恶法成为执政者对付异议分子的政治工具。

首相阿都拉誓言推动行政革新与听取真话,就应该接纳人权团体多年的呼吁,立即宣誓与过去压制人权的黑暗期划清界线,切实推动废除恶法,彻除腐败滥权。首要就是成立"真相调查委员会"彻查 1987年茅草行动真相,还原历史真相、恢复正义以及补偿受害者。

阿都马列胡先案子捎来远违的正义呼声,该案子不应仅以金钱赔偿结束,而让滥权、暴虐的涉案高级警官逍遥法外,应该重新开启当年有关高级警官施暴的调查报告,并将施暴者绳之以法,也追究时任总警长拉欣诺的行政责任。

种种警察滥权与暴力事例也证明政府推展警察改革的必要,首要就是落实皇家委员会建议 设立的"独立警察违例行为投诉委员会"( Independent Police Complaints and Misconduct Commission,IPCMC),以及限制政治部的权力。

首相阿都拉上台允诺听真话推动革新,但并未实际纠正和废止过去压制性的举措与体制,相反的,近年新闻自由严重受压制,贪污腐败日益严重,民生困难,大道路费以及百物价格上涨,令人民怨声载道。首相不应再漠视民瘼,而应大刀阔斧推展改革,肃清腐败,才能令国家走向民主开放、和平繁荣的道路。


民权委员会主席谢春荣 谨启

Thursday, October 18, 2007

Return the judiciary to the rakyat

http://harismibrahim.wordpress.com/2007/09/25/return-the-judiciary-to-the-rakyat-a-petition-to-his-majesty-the-yang-dipertuan-agung/

Return the judiciary to the rakyat : A petition to His Majesty the Yang DiPertuan Agung

September 25th, 2007

To those who wrote in with suggestions for the petition, thank you.

What appears below is the English text of the substance of the petition that will be sent to His Majesty.

The actual petition will be in Bahasa Malaysia, complete with the requisites to meet the requirements of protocol for a communication from the rakyat to ruler.

The final text will be posted once the translation and protocol requirements have been completed.

If you want to lend your support to this petition to His Majesty, please send an e-mail to :

savethejudiciary@gmail.com

As this is a petition to our Agung, I do not think that it is proper if pseudonyms are used. As such, I must ask that you state your name in full together with your NRIC number.

_________________________

The People’s Appeal To His Majesty The Yang DiPertuan Agung

On 19/9/2007, the nation was rocked by another scandal, this time in the form of a video clip which exposed what appears to be a telephone conversation between senior lawyer VK Lingam and another person, allegedly fixing the appointment of ‘friendly’ senior judges.

A careful study of the monologue presented in the video clip leaves a very clear impression that the telephone conversation is indeed between VK Lingam and the present CJ, Tun Ahmad Fairuz Sheikh Abdul Halim and relates to the appointment and promotion of judges. Other judges are also named in the course of the conversation.

That Tun Ahmad Fairuz had, subsequent to the release of the video clip, first responded that he would need to first view the video clip before saying anything, then issuing a ‘no comment’ response and only lately and that too through a third party making a bare denial of being a party to the conversation leaves us, the rakyat with a sense that Tun Ahmad Fairuz has not responded with complete candour on this matter.

This scandal now casts serious doubts on the suitability of Tun Ahmad Fairuz to head the judiciary as well as on the propriety of the appointments and promotions, made on the recommendation of Tun Ahmad Fairuz, of several judges of the High Courts, the Court of Appeal and the Federal Court.

We, the rakyat, no longer have any confidence whatsoever in the judiciary.

We, the rakyat have noted for some time that some very senior judges have been constantly overlooked in the numerous promotion exercises that have proceeded during the tenure of Tun Ahmad Fairuz, with junior judges being preferred.

We the rakyat have also noted that it was recently reported that Their Royal Highnesses acting through the Conference of Rulers rejected two nominations by Tun Fairuz for the position of President of the Court of Appeal and the Chief Judge of Malaya although these positions had been vacant for a long time. It is rumoured that those nominated by Tun Fairuz were junior in comparison with many other more senior serving judges.

We, the rakyat, have further noted that there is at least one judge promoted to the Federal Court who, it is reported, has failed to deliver written judgments in up to as many as 35 cases, with the result that appeals by many who have been convicted of offences and are in prison are unable to have their appeals heard.

This most recent scandal also raises again real concerns about the sudden change of the trial judge in an ongoing murder trial in Shah Alam.

We, the rakyat, are also gravely concerned about the recent decisions in several high-profile cases and whether these were ‘fixed’ by Tun Ahmad Fairuz and, if so, the implications it has in relation to the other judges of our superior courts.

The reaction of the Prime Minister, other members of his cabinet and the Attorney-General to the matter of this video clip give us, the rakyat, no reason at all to believe that this scandal will be honestly investigated so that the truth of the matter will never be known.

We, the rakyat, do not believe that the Prime Minister and his present government are committed to getting to the bottom of this scandal and, if ascertained to be the truth, to take all necessary steps to restore the judiciary as a constitutional institution emplaced to independently defend the constitution, the rights of the rakyat, and to uphold the rule of law.

In this regard, the announcement on 25/9/2007 by the Deputy Prime Minister of a 3-man panel to be headed by one who was implicated in the sacking of Tun Salleh Abas in 1988 to now investigate this scandal fortifies our belief that the present government is determined that the truth in relation to this scandal never becomes known.

We, the rakyat, are gravely concerned that if this scandal is left to be investigated by the administration of the Prime Minister, the police or the Anti-Corruption Agency, the rakyat will only witness another cover-up, leaving us, the rakyat without any recourse to justice, ever suspicious whether the judiciary is to protect the rakyat or the interests of a chosen few.

This most recent scandal raises concerns whether the corruption that has become so prevalent in the management of this country has now also made its way into the judiciary.

For these many reasons, we, the rakyat, now pray that Your Majesty may be so moved and in the exercise of the full powers conferred on Your Majesty to :-

direct the establishment of a Royal Commission to inquire into, consider and/or determine whether in fact the conversation reflected in the said video clip did occur between VK Lingam and Tun Ahmad Fairuz and the veracity of the assertions made by VK Lingam in the said video clip and, if found to be so, that the Commission be further mandated to enquire into, consider and/or determine:-

1.1 the involvement of all those named in the said video clip in connection with the appointment and promotion of judges;

1.2 cases in which VK Lingam was involved and which were heard and / or decided by Tun Ahmad Fairuz and / or any of the other judges named in the said video clip;

1.3 all acts carried out by Tun Ahmad Fairuz during his tenure as Chief Judge of Malaya, President of the Court of Appeal and Chief Justice, more particularly:-

the basis of the appointment and / or promotion of judges by Tun Ahmad Fairuz with particular emphasis on the other judges named in the said video clip;

the manner in which the members of the panels of the Court of Appeal and the Federal Court were selected by Tun Ahmad Fairuz during his tenure as President of the Court of Appeal and Chief Justice; and

the manner in which files were allocated to the panels of the Court of Appeal and the Federal Court by Tun Ahmad Fairuz during his tenure as President of the Court of Appeal and Chief Justice.

2. the Royal Commission having ascertained that the conversation reflected in the said video did occur between VK Lingam and Tun Ahmad Fairuz and assertions made by VK Lingam in the said video clip to be true, to :-

direct the Prime Minister to take all necessary steps to appoint a tribunal under Article 125 of the Federal Constitution to remove Tun Ahmad Fairuz and/or any and all judges found by the Commission to have been implicated, directly or otherwise by the acts of misconduct of Tun Ahmad Fairuz; and

direct the Prime Minister to take all necessary steps to suspend Tun Ahmad Fairuz and/or any and all judges found by the Commission to have been implicated, directly or otherwise by the acts of misconduct of Tun Ahmad Fairuz, pending the reference to and/or report of the tribunal.

3. direct the immediate establishment of an independent Commission for the appointment and promotion of judges to the High Courts, the Court of Appeal and the Federal Court.

内安令首次人民胜利 政府须赔偿250万

http://www.malaysiakini.com/news/73682

高庭判政府非法扣留暴力施虐
前内安法令扣留者获赔250万

郭史光庆07年10月18日 中午12:49

经过8年的漫长审讯后,前内安法令扣留者阿都马烈胡先(Abdul Malek Hussin,左图中)终于起诉政府得直!吉隆坡高庭今日裁决警方和政府在1998年对他进行非法扣留和暴力施虐,必须付出高达250万令吉的损失赔偿。

这也是大马史上,首宗成功起诉政府的内安法令民事诉讼案。 吉隆坡高庭法官希山慕丁(Mohd Hishamudin Mohd Yunus)今早裁决,当年政府在“烈火莫熄”政改运动高潮时期对阿都马烈所进行的57天扣留是非法的、具有恶意和政治企图。

“在联邦宪法第5条文下,这项逮捕和扣留行动是具有恶意的,所进行的盘问也明显是出于政治目的,与国家安全完全无关。” 法官也表示,有充足的证据证明阿都马烈在扣留期间,曾遭到警方暴力施虐,同时也不被允许会见代表律师。

法官在长达41页的判词中严厉谴责警方行径不人道、残忍及卑鄙,因为阿都马烈不只被非法逮捕及扣留57天,也被殴打、遭受到无法言喻的羞辱以及冗长的身体和精神虐待。 根据法官裁决,阿都马烈在非法扣留方面可获得100万令吉的赔偿;至于所蒙受的虐待及殴打、精神痛苦及羞辱,则另获50万令吉赔偿。

另外警方也必须为滥权付出100万令吉的惩罚性赔偿。阿都马烈也可获得从周四开始计算的8%年利率以及堂费。 没告知逮捕理由违反宪法 现年51岁的阿都马烈是在1998年9月25日中午於国家回教堂出席一场示威活动和发表演说后,就当天晚上被警方援引《1960年内安法令》逮捕。

他被扣留57天获释后,于1999年3月入禀法庭,并将警察政治部官员波汉(Borhan Daud) 、当时的总警长拉欣诺(Abdul Rahim Noor)和大马政府列为答辩人。 在宣誓书中,阿都马烈指自己在扣留期间被迫脱光衣服,在冷气房内淋冷水、遭殴打超过60次直到昏迷、遭性骚扰、被迫喝尿,以及面对注射爱滋针的威胁。

法官今早宣读措辞强烈的判词时指出,警方在逮捕阿都马烈时,仅向阿都马烈重复内安法令的内容,没有说明他可能或即将以什么方式危害国家安全。 “(马烈)从来没有获得警方告知他为何会被逮捕,(波汉)没有详细说明逮捕他的理由”。

法官认为,警方的做法已违反联邦宪法第5(3)条文,被捕者必须被告知逮捕的理由。 指警方内部调查是“骗局” 法官也接受阿都马烈的证词,即警方在扣留期间并没有向他盘问有关国内安全的问题,反集中盘问有关“烈火莫熄”政改运动、前副首相安华以及其他政改运动领袖的情报。

“他在19天单独囚禁期间所接受的盘问内容无关国内安全,但却是政治问题。” 针对阿都马烈指自己在扣留期间多次遭警察人员,包括拉欣诺本人殴打与虐待的指责,也一一获得法官的接纳。 法官解释说,除了医疗报告证实马烈确实曾遭到殴打与虐待之外,警方证人的证词也出现许多相互矛盾的地方。

况且警方和副检察司,在接获阿都马烈投诉遭拉欣诺殴打的严重指责后,竟然没有提控阿都马烈报假案。 “我认为可以做出合理的结论说,副检察司和警方早已知道,起诉人针对拉欣诺和警方的投报内容,拥有许多真实的地方。”

对于警方指他们已针对马烈的报案书展开内部调查,却没有发现任何滥权行为的说辞,法官将之形容为一项“骗局”。 “很遗憾的我必须说明,警方针对起诉人的投报所展开的调查,纯粹是一个骗局。”

谴责前总警长行为卑鄙无耻 在宣读此案的惩罚性赔偿(exemplary damages)时,法官也对前总警长拉欣诺(左图)处理此案的手法做出强烈的谴责。 “当时总警长拉欣诺的卑鄙行为是一项羞耻和侮辱,对他所管辖的部门立下一个恶劣的示范。法庭所判处的惩罚性赔偿,是为了显示法庭对警方严重滥权和使用内安法令的厌恶。”

辩方律师依斯南(Isnan Ishak)在听闻判决后难掩失望之情,当记者趋前询问其全名时,他甚至不愿告诉记者,只表示说“我只是无名小卒”。 他也没有表明辩方是否将会上诉。根据法庭程序,若辩方要进行上诉,就必须在30天内入禀法庭。

Friday, October 12, 2007

“首相听真话”不适用于媒体

真话该是耳边絮语,不能公诸于众?
首相啊,您可是支2千6百万人民的薪水啊,跟人民打工,不必负责的吗?


首相听真话”不适用于媒体
再努丁:直播巫统大会是大错
黄凌风
07年10月12日 下午1:12

http://www.malaysiakini.com/news/73523

新闻部长再努丁本周三召见主流媒体编采高层,指示媒体勿过度渲染负面新闻,更表示首相发出的听真话及透明度承诺,并不适用于媒体。

再努丁是在大马电台与电视台总部(RTM),召见各报章、电视台和《马新社》等高层进行约一小时的会面。

政府最近动作频频,本周内一连两天安排高官召见各主流媒体编采高层,“劝告”媒体别只“报忧不报喜”以及渲染太多负面新闻。

继再努丁之后,政府首席秘书莫哈末西迪也於昨日召见各主流媒体高层及记者,以汇报《2006年国家总稽查司报告》引起的议论,并且要求传媒应多报道正面的新闻。

受首相指示“不时召见媒体”

根据消息转述,再努丁(左图)劈头就告诉媒体,他已获得首相阿都拉的指示,以便在日后不时召见各媒体决策人,针对各种国家课题给予劝告。

不过,他强调,他会见媒体只是给予劝告,而不是警告。

接着,再努丁强调,虽然首相阿都拉自上任后宣布要听真话和秉持透明度的作业,但是首相此言是说给政府内部和国阵成员党听的,以便在内阁会议上坦诚提出讨论,而不是要通过报章和媒体上公开大肆报道,因为一些课题是非常敏感的。

他说,内阁经常都密切关注媒体的报道,发现媒体有时候会误解首相的谈话。但是,他并没有详细指出,究竟首相哪方面的谈话受到误解。

点名两电视台玩弄种族课题

再努丁更点名两家私营电视台,警告不要玩弄种族课题的新闻,并表示以前的报章从来不会以种族角度报道新闻,但是现在的报章“不是在卖报纸,而是卖种族”。

他也重提513种族冲突事件,提醒媒体若继续玩弄种族课题将会引起种族暴动。

他把人民对警方办事能力没有信心,归咎於媒体的负面报道和舆论,同时要求媒体给予警方公平的报道,因为警方并非完全没有破案。

日后不会现场直播巫统大会

针对去年巫统代表大会出现种族极端言论,再努丁坦言,去年的现场直播“是一个大错误”,并表示日后将不会再现场直播巫统大会的辩论环节。

此外,《星洲日报》今日报道,上个月的巫统最高理事会议,已经一致决定取消直播下月初的巫统大会中央代表辩论过程。

报道表示,新闻部去年首次直播巫统大会开会过程,没料到代表们“坦率”的言论竟掀起风波。巫统宣传主任莫哈末泰益证实此事,并表示这主要是因为大马人还没有做好聆听“坦率谈话”的准备。

Rela, rela again!

Rela, just mind your own business

PKPIM : Rela harus akui kesilapan

Bubarkan Rela!

Sunday, October 7, 2007

52 Groups :Restore the Malaysian Judiciary’s Independence

We, the undersigned civil society organizations and political parties, views with extreme concern and alarm, the recent exposé via video recording of controversial lawyer V.K. Lingam speaking on the telephone, allegedly with the then-Chief Judge of Malaya Ahmad Fairuz in 2002 (now Chief Justice) – on the issue of appointment and promotion of judges – spoken with apparent planning with key political and business figures. This episode is one of the most outrageous, scandalous and shameful in the history of the Malaysian Judiciary. It stands as evidence of the present shambles in the Judiciary. The steady decline of the Judiciary can be traced to the unlawful sacking of former Lord President Tun Salleh Abas and two other Supreme Court Judges in 1988, an event which the Judiciary never recovered from. The reputation of the Judiciary has since then been continuously tarnished by numerous controversial decisions and perception of Government control and interference.

The appointment and promotion of judges has long been a controversial issue as there is manifestly a lack of transparency and clear application of universally accepted principles. Numerous senior and deserving judges, as perceived by the general public, with faultless records have not been promoted; instead undeserving and surprising appointment and promotion of judges, including junior ones, have consistently pointed towards political manipulation and maneuvering by the Government in order to secure their influence in the Judiciary and thus favorable judgments. The Judiciary, a fundamental makeup of a democratic, just and fair state, no longer commands international and public confidence but instead seen as weak, corrupt and not free from political control and interference. Immediate steps must be taken to address the judicial rot, restore public confidence and reform the Judiciary.

We also express our strongest reservations on the three-member panel appointed by Deputy Prime Minister Najib Abdul Razak to investigate the authenticity of the video clip. We find it highly unacceptable that a video clip which implicates members of the cabinet should be investigated by a panel appointed by and reporting to the cabinet. Even more insulting is the fact that the panel is led by former Chief Judge of Malaya Haidar Mohd Noor, whose direct involvement as the then-Chief Registrar of the Supreme Court had led to the unlawful sacking of Lord President Tun Salleh Abas in 1988.

We therefore call for the following actions:

1. To set up a tribunal under Article 125 of the Federal Constitution and for the immediate suspension of the Chief Justice pending the hearing of charges of corruption against him.

2. Setting up of an Independent Royal Commission of Inquiry to investigate the overall state of the Judiciary including but not limited to the following:

· the judicial sacking of Tun Salleh Abas, Tan Sri Wan Suleiman and Datuk George Seah in 1988;

· the swift and questionable promotions of several Federal Court judges;

· the controversial decisions which include the criminal cases involving Datuk Seri Anwar Ibrahim, Sukma Darmawan and Munawar Anees; Lim Guan Eng; the Ayer Molek case; the Metramac case, the defamation cases involving V.K. Lingam; the Altantuya case and others, and;

· An investigation into former judge, Syed Idid’s letter which implicates 12 judges by citing 112 serious allegations of corruption and malpractice.

3. Setting up of an Independent Judicial Commission on the Appointment and Promotion of Judges.

Endorsed by:

1. Alaigal
2. Aliran Kesedaran Negara (ALIRAN)
3. All Women’s Action Society (AWAM)
4. Angkatan Muda Parti Keadilan Rakyat (AMK)
5. Artis Pro Activ
6. Center for Independent Journalism (CIJ)
7. Center for Orang Asli Concerns (COAC)
8. Chinese Language Society University Malaya
9. Chinese Language Society University Putra Malaysia
10. Chinese Students Council University Technology Malaysia (CSC UTM)
11. Citizen Think Tank
12. Community Development Center (CDC)
13. Empower (Pusat Janadaya)
14. Food Not Bombs KL
15. Gabungan Anak Muda dan Pelajar (GAMP)
16. Gabungan Pekerja Kilang & Kesatuan(GPKK)
17. Gabungan Peneroka Bandar & Perumahan(GPBP)
18. Group of Concerned Citizen (GCC)
19. Institut Kajian Dasar (IKD)
20. Jaringan Rakyat Tertindas (JERIT)
21. Jawatankuasa Kebajikan Mahasiswa/i (JKMI)
22. Jawatankuasa Sokongan Masyarakat Ladang(JSML)
23. LLG Cultural Development Center (LLG)
24. Malaysian Trade Union Congress (MTUC)
25. Malaysian Voters Union (MALVU)
26. Malaysia Youth and Students Democratic Movement (DEMA)
27. RAKAN, UTM
28. Parti Keadilan Rakyat (PKR)
29. Parti Sosialis Malaysia (PSM)
30. Penang Watch
31. Persatuan Alumni PBTUSM Selangor
32. Persatuan Ibubapa SJK(C) Malaysia
33. Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
34. Persatuan Sahabat Wanita Selangor
35. Pesticide Action Network Asia and the Pacific (PAN AP)
36. Pusat Khidmat Pekerja Tanjung (PKPT)
37. Pusat KOMAS
38. Selangor Hokkien Association Youth Section
39. Sisters In Islam (SIS)
40. SOS Damansara Committee
41. Save OurSelves (SOS) Penang
42. Suara Rakyat Malaysia (SUARAM)
43. Tamil Foundation
44. Tenaganita
45. The Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH)
46. The National Human Rights Society (HAKAM)
47. University Malaya Association of New Youth (UMANY)
48. Women Development Collective (WDC)
49. Writers Alliance Media Independence (WAMI)
50. Yayasan Kajian & Pembangunan Masyarakat (YKPM)
51. Youth for Change (Y4C)
52. Youth Section of The KL & Selangor Chinese Assembly Hall (KLSCAH-Youth)

http://malaysia-today.net/blog2006/letters.php?itemid=8893