MADPET Statement on detainee forced to perform oral sex and tortured when complains

MEDIA STATEMENT – 21/6/2008

TORTURE IN POLICE LOCK-UPS MUST END

- Install CCTV with recording capabilities

to ensure rights be respected and abuses end -

MADPET (Malaysians Against Death Penalty and Torture) is shocked at the allegation that persons arrested by the police were beaten up and sexually abused, including being forced to perform oral sex on one another at the Kajang police station. (Malaysiakini, 20/6/2008 “Detainees claim forced oral sex in lock-up”). One of the victims was a juvenile.

What was even more shocking was that the same officer allegedly, after a complaint was made to the Magistrate, did again torture the detainee-victims because “…they informed the magistrate about it…” It was reported that the victims’ lawyer did say that the alleged perpetrator/s“…then made them lick his boots, sprayed Ridsect (insect repellent) on their face and they were beaten up with pipes…"

MADPET also wonders whether the Magistrate, after receiving the complaint, did cause immediate investigation to be commenced about the alleged torture, for any failure on the part of the Magistrate to act speedily should also be investigated.

In many of the police stations in Malaysia, especially in the lock-up areas and interrogation rooms, apparently there are close-circuit television (CCTV) installed but unfortunately it does not have any recording capacity. If there was recording capacity, then investigation would have proceeded speedily, and the perpetrator/s would have been easily identified.

There has just been too many deaths in custody, and allegations about police torture in Malaysia, and that makes it imperative that all police stations, including lock-ups and interrogation rooms, be immediately equipped with CCTV, with recording capabilities. This would definitely ensure that rights of those arrested and detained are respected and protected. It would also definitely deter incidents of torture and even killing.

In Hong Kong, lawyers of accused persons have access to these recordings. It can then be determined whether rights provided for in law have been accorded to a particular person, and also to confirm that has been no torture, threat, promise or other non-permissible actions.

MADPET is also disappointed that Human Rights Commission of Malaysia (SUHAKAM)’s response to this complaint, as reported, was to just send letters to get details of the arrests and the remand.

SUHAKAM should have immediately gone down to the venue of the alleged torture, and started gathering evidence. Being a police station, many potential witnesses may not be accessible later, and there is definitely the real possibility of witness tampering by the perpetrators, more so when they are police officers.

MADPET reiterates the call that the government immediately set up The Independent Police Complaints and Misconduct Commission (IPCMC), as was intended and proposed by 2 Royal Commissions. We do not need any other kind of “IPCMC”.

MADPET calls for an urgent investigation into this allegation of torture, and that the perpetrator/s be thereafter charged and tried in open court. Any other internal form of discipline is not acceptable.

Charles Hector

N. Surendran

for Malaysians Against Death Penalty and Torture (MADPET)

21st June 2008

Detainees claim forced oral sex in lock-up (Malaysiakini)

MADPET issued a Media Statement based on this Malaysiakini report. Police alleged to have committed this shameful acts - and SUHAKAM writes to the Police for details of the arrest and remand -- and is "...confident that the police will give this serious attention and will make sure such complaints do not arise again" What about this complaint? Why is SUHAKAM not carrying out an immediate investigation - and the truth must be sought surely not just from the police (whereby police officers are the alleged perpetrators of these HR violations). If I want police to investigate - then might as well complain to the police. Why do we have SUHAKAM -- why are people complaining to SUHAKAM - surely not for SUHAKAM to just shift it back to the police for the police to investigate. Am sure when the complain was made to the Magistrate, she would in accordance to law would have already asked the police to investigate and revert to her/him.... (there are procedures set out as to what a Magistrate should do when she receives a complaint...) Detainees claim forced oral sex in lock-up

Soon Li Tsin | Jun 20, 08 5:30pm

Four individuals have lodged complaints of police abuses, including being forced to perform oral sex, during their remand to the Human Rights Commission (Suhakam). MCPX Lawyer S Karthigesan (right) has declined to name the individuals as police investigations into their initial arrests are still ongoing, but he was not circumspect about their alleged abuses. Originally, five individuals were arrested in Cheras on May 29 and held at the Kajang police station on a seven-day remand. During which two of them - one of them a juvenile - were forced to perform oral sex on each other. Four of them were also beaten up before getting their remands extended for another three days where the abuses continued. "The sergeant who made them perform oral sex on each other was angry that they informed the magistrate about it (abuses) and asked them why they made the complaint. "He then made them lick his boots, sprayed Ridsect (insect repellent) on their faces and were then beaten up with pipes by three or four police officers. "Only four of them were abused. One of them was never touched," Karthigesan said. The five also appeared to be victims of serial remand. It is a method of extending the period of detention without charging those arrested, by perpetually transferring detainees to police stations in different districts when their police remand orders lapse. The five were initially transferred to Cheras district police and then kept at the Salak Selatan Baru police station lock up. At this juncture, the father of one of the suspects, K Sukumaran (left), lodged a police report against the Kajang police station. At their next transfer point - Dang Wangi police district headquarters - four of the five lodged police reports, before they were transferred on to Brickfields police station for three days. Suhakam's intervention is necessary According to Karthigesan four were charged at the Ampang Sessions Court with alleged gang robbery, and one of them was released without being charged. Two of the quartet are out on bail, while the remaining two - unable to post the RM5,000 bail - are in Sungai Buloh Prison. Karthigesan hoped that Suhakam would get involved and asked for an investigation into these alleged police abuses. "There is a gross abuse of human rights here and we want a proper investigation done on this matter. Suhakam's intervention is necessary," he said. Suhakam commissioner N Siva Subramaniam, who was present to receive the complaint, said that they have sent a letter to the Kajang police chief on June 13 to get details of the arrests and the remand. "We will wait for an answer from them and this would be very serious if proven true. I am confident that the police will give this serious attention and will make sure such complaints do not arise again," he said at the press conference. He added that they have also sent a copy of that letter to federal police headquarters Bukit Aman for further action. After the press conference, Karthigesan said the five are related and are involved in a small family business.

Man to hang for drugs (NST) 17/6/2008. Hanging Judge Datuk Sulaiman Daud

2008/06/17

Man to hang for drugs

KOTA BARU: A chicken seller was sentenced to death by the High Court here after he was found guilty of trafficking in almost 2kg of cannabis six years ago.

Judge Datuk Sulaiman Daud passed the sentence on Ou Seng Sameae, 40, after the prosecution represented by deputy public prosecutor Shahidani Abd Aziz proved a prima facie case against the accused.

Ou Seng, from Narathiwat, Thailand, was charged with committing the offence in a house at Kampung Berek Gong Demin at 3.20pm on Jan 10, 2002.

In his judgment, Sulaiman said the court could not accept the accused's defence that the red bag containing 1,996.7gm of cannabis belonged to a friend named Ayub.

Defence counsel Ahmad Nizam Mohamed told the court that on the day in question, Ou Seng and Ayub had gone to the house of another friend, known as "Abang Mat" in Gunong, Bachok, in a car belonging to Ayub.
"The court finds it impossible for Ayub to leave the bag containing such a valuable item with the accused, as the accused had even placed the bag next to his feet in the car," said Sulaiman.

"Therefore, the accused was not an innocent carrier in this case."

Ou Seng appeared calm when Sulaiman passed the death sentence. - Bernama

Hindraf convoy calls for ISA repeal

2008/06/16 (NST)

Hindraf convoy calls for ISA repeal

KUALA LUMPUR: The Hindu Rights Action Force (Hindraf) took to the streets yesterday over the detention of their leaders under the Internal Security Act.

The group of about 200, travelled in a convoy of more than 50 cars and six motorcycles with banners calling for the abolition of the ISA. They started from Rawang at 8.30am and ended in Klang about 5pm.

They travelled through Sentul, Brickfields and Shah Alam. Police were stationed at all major intersections but no untoward incidents were reported.

City police chief Datuk Muhammad Sabtu Osman confirmed the incident saying police did not intervene as it was a peaceful procession.

They gathered to appeal to the King - for the release of ISA detainees

Some have asked as to why they are protesting here ...and protesting there - risking to get arrested. Once or twice, would have been OK but this is really going overboard.

Well, when it comes to the ISA and Detention Without Trial - then REPEATEDLY we must raise the issue until at last the Prime Minister decides to release them who are being detained.

In a criminal case after trial, where the court finds you guilty and sentences you - there is some certainty as to how long you will be imprisoned. How good behaviour will reduce the length of your incarceration -- BUT with the ISA and other Detention Without Trial, there is NO certainty as to how long you will be locked-up. At one time, the Minister can make a 2-year Detention Order, and he can continue making it over and over.

With regard to the HINDRAF 5, it is sad that our Prime Minister Abdullah Ahmad Badawi is not releasing them even after MCA, GERAKAN and MIC, major partners in the BN have asked him to do so. Talk about showing respect to the views of your MAJOR partners in BN.

So on we go - repeatedly calling for the release of the many who are being detained under the ISA and other laws that allow for Detention Without Trial.

Sunday June 15, 2008

Three MPs, three PKR members held at Istana rally

By TEH ENG HOCK

KUALA LUMPUR: Three Members of Parliament were among six people arrested yesterday for participating in a rally in front of Istana Negara.

Kapar MP S. Manikavasagam, Subang MP R. Sivarasa and Ampang MP Zuraida Kamaruddin were arrested at 10.30am for protesting against the detention of Hindu Rights Action Force leaders under the Internal Security Act.

Three other PKR members were also arrested.

Special gifts: Children walking to Istana Negara in Kuala Lumpur with gifts for Tuanku Mizan yesterday.

Brickfields OCPD Asst Comm Wan Abdul Bari Wan Abdul Khalid said all of them were released on bail by 12.45pm.

He said police arrived at about 10am and asked members of the public, including tourists, to vacate the area around Istana Negara’s main gate.

“Everybody left except for a group who refused to leave. We gave them three warnings to disperse. Deputy OCPD (Supt Azri Abd Rahman) spoke to them, and at 10.20am, I gave them five minutes to disperse.

“At 10.25am, they still refused to leave so we arrested them. No force was used, and they also did not resist arrest,” he said.

At 10.35am, ACP Wan Bari said a group of 70 people, including children, alighted buses parked some distance away and walked to Istana Negara, the official residence of Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin.

“Each child was carrying a basket with flowers and a teddy bear and lined with yellow cloth. They left the baskets in front of the palace gate,” he said, adding that they left after they were asked to.

ACP Wan Bari said he could not comment further on investigations as “counter-reports have been made” against him for ordering the arrest of the six, and his comments would prejudice investigations.

The seventy children represented the 70 men currently detained under the ISA at the Kamunting detention centre in Taiping.

They were accompanied by their mothers as well as other family members.

The event was organised by the Hindu Rights Action Force (Hindraf) and joined by members of the Gerakan Mansuhkan ISA.

According to Hindraf national event coordinator Kannan Ramasamy, they gathered to appeal to the King to advise Prime Minister Datuk Seri Abdullah Ahmad Badawi and Home Minister Datuk Seri Syed Hamid Albar to release all the ISA detainees.