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