Malaysia executes - hours after passing of 2nd UN Resolution asking for stop of all executions

On 18 December 2007, the UN General Assembly endorsed a resolution calling for "a moratorium on executions" by an overwhelming majority: 104 votes in favour, 54 against and 29 abstentions. - RESOLUTION 62/149

On 18 December 2008, the United Nations General Assembly adopted a second resolution calling for a moratorium on the use of the death penalty.

106 countries voted in favour of the draft resolution, 46 voted against and 34 abstained. This resolution was first discussed and voted upon in the Third Committee of the UNGA on 20 November 2008. A range of amendments proposed by a small minority of pro-death penalty countries were overwhelmingly defeated in the Third Committee of the UNGA, and the draft resolution was adopted by 105 votes in favour, 48 against and 31 abstentions.

The increased support for this resolution is yet further evidence of the worldwide trend towards the abolition of the death penalty.

The UNGA - the main UN deliberative body with universal membership - will continue to debate and make recommendations on the issue of the death penalty at the end of 2010.

BUT sadly, Malaysia demonstrated a disrespect to both United Nations General Assembly Resolution of December 2007 (Resolution 62/149), and the recent 18th December 2008 Resolution - both of which called for a MORATORIUM on executions - by proceeding with an execution on 19th December 2008 at 6.05 am.

Hanafi Mat Hassan, the bus driver convicted in the murder and rape of computer engineer Noor Suzaily Mukhtar was hanged at the Kajang prison this morning.

MCPX

A prison spokesperson confirmed that Hanafi, 40, was hanged at 6.05am.

Kajang Hospital also confirmed the time of death and that his body had been collected by his relatives from Kampung Renik, Bachok, Kelantan at 3pm. - Malaysiakini, 19/12/2008 Noor Suzaily's killer hanged

The report of the execution was also carried in the New Straits Times..

Noor Suzaily Mukhtar (left) was raped and murdered eight years ago; her killer Hanafi Mat Hassan was hanged at the Kajang Prison in Selangor

KANGAR: "If I had the chance, I would have wanted to be the person who presses the switch to hang him when the orders were given."

These were the words of Mukhtar Ibrahim, 63, the father of Noor Suzaily Mukhtar, a computer engineer, who was raped and murdered eight years ago.

Her murderer, Hanafi Mat Hassan, was hanged at 6am yesterday at the Kajang Prison in Selangor.

"I am no one and in no position to forgive him (Hanafi). Only God can forgive him," said a tearful Mukhtar at his house in Taman Suraini yesterday.

"However, I am grateful to God that justice has taken place, even if only after a long time. Eight years is such a long time when one is waiting for justice to take place.
"I was waiting to receive the news of Hanafi being hanged from the prison authorities but they did not inform me. However, I am grateful to the New Straits Times and Berita Harian reporters who brought the news to me." - New Straits Times, 20/12/2008 - Noor Suzaily murder case: Long eight-year wait for justice

Shame on you Malaysia for ignoring the UN General Assembly Resolutions - Remember, this was not an undemocratic 'Security Council' resolutions - but General Assembly Resolution, and Malaysia's failure to comply is embarrassing - and a demonstration also of how much it values the principles of democracy... and majority decision of the peoples of the world.

The text of the resolution 62/149 is as follows:

The General Assembly,

Guided by the purposes and principles contained in the Charter of the United Nations, Recalling the Universal Declaration of Human Rights,^[1]the International Covenant on Civil and Political Rights^[2]and the Convention on the Rights of the Child,^[3]

Recalling also the resolutions on the question of the death penalty adopted over the past decade by the Commission on Human Rights in all consecutive sessions, the last being its resolution 2005/59,^[4]in which the Commission called upon States that still maintain the death penalty to abolish it completely and, in the meantime, to establish a moratorium on executions,

Recalling further the important results accomplished by the former Commission on Human Rights on the question of the death penalty, and envisaging that the Human Rights Council could continue to work on this issue,

Considering that the use of the death penalty undermines human dignity, and convinced that a moratorium on the use of the death penalty contributes to the enhancement and progressive development of human rights, that there is no conclusive evidence of the death penalty's deterrent value and that any miscarriage or failure of justice in the death penalty's implementation is irreversible and irreparable,

Welcoming the decisions taken by an increasing number of States to apply a moratorium on executions, followed in many cases by the abolition of the death penalty,

1. Expresses its deep concern about the continued application of the death penalty;

2. Calls upon all States that still maintain the death penalty to:

(a) Respect international standards that provide safeguards guaranteeing the protection of the rights of those facing the death penalty, in particular the minimum standards, as set out in the annex to Economic and Social Council resolution 1984/50 of 25 May 1984;

(b) Provide the Secretary-General with information relating to the use of capital punishment and the observance of the safeguards guaranteeing the protection of the rights of those facing the death penalty;

(c) Progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed;

(d) Establish a moratorium on executions with a view to abolishing the death penalty;

3. Calls upon States which have abolished the death penalty not to reintroduce it;

4. Requests the Secretary-General to report to the General Assembly at its sixty-third session on the implementation of the present resolution;

5. Decides to continue consideration of the matter at its sixty-third session under the same agenda item.

^[1]Resolution 217 A (III).

^[2]See resolution 2200 A (XXI), annex.

^[3]United Nations, Treaty Series, vol. 1577, No. 27531.

^[4]See Official Records of the Economic and Social Council, 2005, Supplement No. 3 and corrigenda (E/2005/23 and Corr.1 and 2), chap. II, sect. A.

Source: Amnesty International Website

SINGAPORE: Leading Rights Lawyer Faces Jail Term (IPS)

KUALA LUMPUR, Nov 25 (IPS) - Singapore's embattled human rights lawyer and leading anti-death penalty campaigner, Ravi Madasamy, intends to defend his reputation ”all the way” to the highest courts after being released on bail for allegedly causing a disturbance at a mosque.


On Aug 11, a Singapore judge ordered Ravi to be examined by the Institute of Mental Health after police arrested him on charges of harassment and causing a public disturbance during a prayer session.

Ravi, 40, who was discharged from the hospital earlier this month, remains on bail facing a possible three-year prison sentence, if found guilty.

Ravi has strenuously denied the charges and dismissed prosecution suggestions about his mental health. He represented himself in court as no lawyer in Singapore was prepared to take up his case.

Only a small group of committed local rights activists have rallied to his defence. The country's Law Society, which took him to court for allegedly disrespecting a judge, leading to a one-year practicing suspension in 2007, has distanced itself from the case.

”I am saddened but I will continue my mission,” Ravi told IPS. ”The environment is increasingly tough and dangerous.”

Charles Hector, a prominent Malaysian human rights lawyer, described Ravi as ”a victim of state repression”.

”The Malaysian Bar is closely monitoring his plight,” Hector told IPS. ”He is a defender of human rights and we are very concerned. We are taking up his victimisation internationally.

”The Singapore authorities should immediately end the persecution and respect Ravi's right to free expression and advocacy to end mandatory death penalty.”

Ravi has led a virtually one-man international campaign to save death row prisoners facing execution by hanging, mostly for drug trafficking in Singapore.

He has also fought, in the courts and outside, to defend dissidents, persecuted opposition politicians, lawmakers and human rights activists.

As a result he has been vilified and severely criticised by Singapore's government-controlled mainstream media and often accused of being a publicity seeker.

”I face numerous other problems arising out of my activism,” Ravi told IPS.

”With all the happenings I came under tremendous pressure.

”Because of the mounting problems my pace has slackened but my resolve is the same. I will press on to enlighten Singaporeans on the horrors of the death penalty.

”People should know that mandatory death penalty [impelling judges to sentence people to death in capital convictions] is a step backwards into a barbaric era. We must campaign and people should want to end it.”

Ravi, who is also an author and manager of the anti-death penalty website http://hungatdawn.blogspot.com/ first gained prominence in mid-2005 for trying to save death row inmate Shanmugam Murugesu, who was sentenced to death for possession of 1 kg of marijuana.

Murugesu, 38, a former military veteran and Singaporean civil servant, was arrested in August 2003 for carrying six packets of marijuana in his bags when returning home from Malaysia.

Under Singapore law, the death penalty is mandatory for possession of 500 gm of marijuana and 2 gm of heroin.

Before Murugesu's execution on May 13, Ravi and a few supporters organised a three-hour vigil at a hall in the Furama Hotel.

”It was the first time citizens had organised to speak against the arbitrary, biased and discriminatory death penalty law,” Ravi said. ”It was an eye opener for us all.”

In 2004, Singapore, with a population of 4.3 million, had the highest per capita rate of state executions in the world, according to Amnesty International.

From then on, Ravi represented other death row inmates in court. He also travelled the world speaking out against state repression and the mandatory death penalty in Singapore.

A colleague, requesting strict confidentiality, said police placed Ravi under strict surveillance.

”They followed him, took photographs and filed reports,” he told IPS. ”The relentless scrutiny caused Ravi tremendous personal and professional stress.”

Although on bail, Ravi has resumed practicing law until his trial date is set.

Last year, Singapore carried out two executions and sentenced two people to death, according to Amnesty.

Get Malaysia to vote for UN Resolution for global moratorium on the death penalty

On 18th December 2007, the United Nations General Assembly 'calling for a moratorium on executions to be established in all States that still maintain the death penalty'
passed a resolution

The resolution calling for “a moratorium on the death penalty”, was passed by a vote of 104 in favour to 54 against, with 29 abstentions. (See annex VI.) It called on all States that still allowed capital punishment to “progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed”. Those countries were also called on to provide the Secretary-General with information on their use of capital punishment and to respect international standards that safeguard the rights of condemned inmates. - see earlier posts (a) Is Pakatan Rakyat for the Abolition of Death Penalty in Malaysia (b) U.N. panel votes for death penalty moratorium (Star)

Again in 2008,

The U.N. General Assembly's human rights committee voted Thursday for the second year in a row to urge a global moratorium on the death penalty.

The United States sided with countries such as Iran, China and Syria in opposing the resolution.

The 105-48 vote marked a slight change from the 104-54 vote in the full General Assembly last December. About 30 nations abstained.

Supporters of the ban argue there's no conclusive evidence that the death penalty serves as a meaningful deterrent to crime and the risk of injustice is too high. Nations opposing the ban say the death penalty is effective in discouraging most serious crimes and remains legal under international law.

The vote in the human rights committee, though it includes all U.N. members, is not the final vote. Next month, the General Assembly will hold a final vote on the measure and the committee's vote is almost certain to be closely replicated there.

Though not legally binding, the voting does carry moral weight coming from the 192-nation world body that serves as a unique forum for debate and barometer of international opinion.

Amnesty International, which has been campaigning for the resolution, noted rising acceptance of a moratorium. In the 1990s, it was voted on twice in the General Assembly and failed.

On Thursday, the committee vote picked up one more nation than last year and six fewer opponents.

As of November, some 137 nations had abolished the death penalty in law or practice, compared with about 80 in 1988, according to Amnesty International figures.

Secretary-General Ban Ki-moon has been encouraged by the trend in many areas of the world toward ultimately abolishing the death penalty, U.N. spokeswoman Michele Montas said.

Last year there were at least 1,252 people put to death by 24 nations and 3,347 others sentenced to death in 51 countries, according to Amnesty International. - Washington Times, 20/11/2008 - UN vote shows growing support of death penalty ban

In December, the UN General Assembly will be voting on this resolution - and it is expected that the results will be the same.

In Malaysia, we can still campaign with 0ur government to vote in favour of this resolution which will still be calling for an immediate moratorium on executions...

Some of the interventions of MALAYSIA during the committee stage, as obtained from the website of 7th Space Interactive are as follows:-

[Note that there could have been other interventions from Malaysia...]

The representative of Malaysia also took time to respond to arguments by the text’s co-sponsors that the Assembly should be made to welcome a global trend towards abolition, arguing that States should not make assumptions based on perceived trends, and that they should not use such assumptions to decide how other countries should evolve their own legal systems. ...

Malaysia’s representative, after asking permission to propose an oral amendment, noted that the close results of Tuesday’s votes on the draft amendments had indicated that States were still divided on the issue and that the international community was no closer to consensus. The fact that a number of delegations had voted for the amendments, or had abstained from voting, indicated their discomfort with the resolution as a whole. Therefore, he proposed that references to requests for the Secretary-General to provide a report for consideration at the Assembly’s sixty-fifth session, as contained in operative paragraphs 2 and 3, be changed to “sixty-sixth session” so as to provide further time for countries to evolve their opinion on the issue. To insist on considering the question at the sixty-fifth session would perpetuate divisions.

Further, votes against the amendments of two days ago had seemed to reflect a bloc outlook and did not reflect a judgement on the merits of those amendments, which he believed would have enhanced the text. Those amendments had been defeated by sheer numbers. He invited countries to take those points into account and to support his proposed oral amendment.

The representative of Malaysia said he had been disappointed that the Committee’s important work on a range of different human rights questions had been distracted by a resolution on the issue of the death penalty on which there was no international consensus. There should not be any attempt by a country to impose their viewpoint on that issue onto other countries. While his country respected the decision by some to voluntarily abolish the death penalty and by other countries to apply a moratorium, it was concerned at attempts to offer the same respect to those countries that still maintained it.

He said he had been prepared to engage with the co-sponsors in an open spirit of dialogue and constructive engagement. In reality, that had not taken place. During the informal consultations, a number of delegations had expressed a desire for the text to be amended to strike a balance over the differing views. But, the co-sponsors had not circulated those amendments in a compilation draft, and it became clear that the co-sponsors had not wanted to negotiate the text. Thus, the Committee faced a process that was forced upon countries, and where changes made on the draft had not addressed the concerns of some countries. Those countries had provided clear, fair, non-hostile amendments reflecting the purposes and principles of the Charter and of international cooperation. Those amendments were positive in nature, given to enhance the text, so that there could be the widest possible support from all countries, regardless of where they stood, whether they were co-sponsors or not.

He said the co-sponsors have painted those amendments as undermining the spirit of the resolution, when those amendments would have brought balance to this text. The international community, as a whole, was not ready for the issue; and he was disappointed that even deferring this question to a later stage -- to allow more time for countries to evolve their views on this question -- had been greeted with negativity. For his country, the death penalty was a criminal justice issue, applied only for the most serious of crimes and only through a judicial process that included the right to appeal to courts of a higher jurisdiction and the right to seek pardon or commutation of the sentence. Other countries should not make assumptions based on perceived trends to decide how they wish other countries to evolve in their own legal systems. In that regard, he opposed the resolution.

What does Malaysia really want to do? The attempt to delay matters by one year seems to indicate that Malaysia maybe moving towards abolition of the death penalty in time. They want more time "...to evolve their opinion on the issue...", and by that I hope that he was talking about evolution of thought in favour of abolition.

Malaysia should at the very least adhere to the 2007 General Assembly Resolutions that require an immediate moratorium of executions. At the very least, stop all executions now, and tell us Malaysians and the whole world that we have not executed and will not execute any person until the 2010 session of the UN which will again re-visit the resolution on death penalty.

Our neighbour Thailand, also another nation like Malaysia that opposed the 2007 Resolution, did also recently declare at the committee stage that they have not executed any person since 2003...

The representative of Thailand said that it was the sovereign right of States to come to a decision on the use of the death penalty, and all States should show respect for the decisions of others. The Thai public viewed capital punishment as an effective deterrent and its judicial system allowed for petitions to be made up to the level of the Supreme Court, as well as commutations of sentences. In Thailand, the death penalty was reserved for only the most serious crimes and under certain conditions. Indeed, since 2003, no execution had been carried out by the Government.- from the website of 7th Space Interactive

It would be good if Malaysia also can declare that it will abide by the 2007 General Assembly Resolution, and will not execute anyone in Malaysia for the time being as an act of respect to the spirit of democracy.

So let us all campaign for Malaysia to vote in favour of that anti-death penalty motion that will be tabled and voted on at the General Assembly of the United Nations in December 2008. After all, the resolution only calls for a moratorium at this stage - not for an abolition of the death penalty yet.

Bar: uphold the rights of all concerned citizens to assemble peaceably to express their opinions

Press Release

Press Statement In Response To The Arrests Of Nine Individuals During An Assembly On 23 November 2008

On 23 November 2008, two assemblies were held. One, against the I.S.A. The other, to support it. The assembly supporting the I.S.A. apparently included a march from Wisma Sejarah to the Tun Razak police station.

Both assemblies were a manifestation of the right of citizens to make known their views in a peaceful manner. Both the assemblies represent the right to freedom of assembly that is enshrined in the Federal Constitution. Both groups of people legitimately exercised these rights.

However, only one group was targeted for arrests, namely the anti-I.S.A. group. We are alarmed to note that nine people from the group were arrested.

Such heavy-handedness against ordinary citizens expressing their rights to free speech and assembly goes against respected democratic norms. Furthermore, the use of police force against only one group, namely the one that was against the I.S.A., is selective persecution.

The apparent clampdown on peaceful assemblies is a worrying trend particularly when it is the avowed position of the authorities that they respect human rights.

The intimidation of ordinary citizens in this manner must cease. We call upon the authorities to even-handedly protect and uphold the rights of all concerned citizens to assemble peaceably to express their opinions.

Dato’ Ambiga Sreenevasan

President

Malaysian Bar

24 November 2008

Another 'shoot to kill' incident reported in the media:-

A man believe to be the member of a gun-running syndicate was shot dead after he rammed into a police vehicle in Taman Bukit Belimbing in Balakong near here on Sunday night.

The 48-year-old was driving a Kia Optima when a team of policemen spotted him about 1km away from the scene of the shootout in the 7.30pm incident.

Selangor CID chief Senior Asst Comm II Hasnan Hassan said the man refused to heed policemen’s instructions to stop, and a high speed chase ensued.

He said the man rammed into the police vehicle and then fired a shot, forcing police to return fire.

Police fired eight shots, four of which hit the suspect, before the suspect’s car crashed into a tree. He died on the spot.

“Police seized a .38 Smith and Wesson from the car,” SAC II Hasnan said, adding that initial investigation indicated that the man might have been active in a gun-running syndicate, is on the wanted list and has priors in theft and robbery.

Police are looking for more syndicate members who they said are responsible for distributing firearms in the Klang Valley. - Star, 10/11/2008, Gun-runner killed in police shootout

Respect the Right to Peaceful Assembly - Malaysian Bar Press Release

Malaysian Bar's Press Release: Respect the Right to Peaceful Assembly

Monday, 10 November 2008 07:39pm

Freedom of assembly and freedom of expression were again dealt a severe blow yesterday with the arrests of 23 citizens – including journalists and activists, a Member of Parliament, State Assemblypersons and a City Councillor – who were participants in a peaceful gathering to commemorate the first anniversary of last year's BERSIH rally. The Bar Council is alarmed at the disproportionate and heavy-handed approach adopted by the police, who purportedly began dispersing people as early as an hour before the start of the vigil. Needless physical force was allegedly used during the arrests, causing injuries to a number of participants. Such unprovoked intimidation and oppression is unjustifiable as the group was reportedly calm, did not pose any threat to public order and was merely exercising its democratic rights. While the Bar Council disagrees with the laws curtailing the right to assemble and express dissent, we are concerned that the authorities seem to use these laws selectively to disperse and arrest demonstrators. Several demonstrations against the Pakatan Rakyat government's policies in Penang and Selangor have proceeded without much harassment nor arrests by the police. This gives rise to the perception that police actions are not based on any objective criteria relating to preservation of public order. Such subjectivity breeds the notion that the authorities act in a biased, or even arbitrary, manner. We call on the police to protect the rights of speech, expression and assembly of all those who legitimately engage in expressing dissent, fairly and without bias. Ragunath Kesavan Vice-President Malaysian Bar 10 November 2008

271,375 Illegal Immigrants Detained Since 2001

271,375 Illegal Immigrants Detained Since 2001

KUALA LUMPUR, Nov 6 (Bernama) -- A total of 271,375 illegal immigrants were detained through enforcement by the Immigration Department, Rela and the police between 2001 and last year, the Dewan Rakyat was told Thursday.

Home Minister Datuk Seri Syed Hamid Albar said the government estimated that there were about 1 million illegal immigrants in the country but the situation was under control, thanks to concerted and continuous enforcement by the three agencies.

It cost RM205 to deport each illegal immigrant by sea, he said in reply to Amran Ab Ghani (PKR-Tanah Merah).

Deportation by air ranged from RM1,200 to RM3,600 per immigrant, depending on the country of origin.

Syed Hamid also said that about two per cent of the crimes in the country were committed by illegal immigrants.

-- BERNAMA

LDP, another BN party, calls for the review of the ISA

Yet another BN party calls for the review of the ISA - and this is good..

Better if they call for the repeal of the ISA and other Detention Without Trial laws as well..

SANDAKAN, Nov 2 (Bernama) -- The Liberal Democratic Party's (LDP) 19th annual congress today passed a resolution calling on the government to review the Internal Security Act (ISA) and New Economic Policy (NEP).

More than 1,000 party delegates at the congress unanimously passed the resolution before the one-day congress was closed by LDP president Datuk Liew Vui Keong.

Liew, who is also Deputy International Trade and Industry Minister, said the LDP strongly urged the government to review the ISA to determine if it was still relevant and if yes, to clearly define the scope of the Act within which it was applicable...

....He said the LDP top leadership would study the resolution and submit it to the Barisan Nasional top leadership and government....

...Earlier when opening the congress, Liew said the ISA was no longer relevant to the present situation in the country as Malaysia no longer faced any communist insurgency as it did before in the 1960's.

"The situation in the country has since changed. While we cannot deny the fact that global terrorism is threatening us and our national security, we must have a comprehensive policy to deal with terrorists as distinct from legitimate political opponents and dissidents," he said. - Bernama.com, 2/11/2008, LDP Congress Calls For Review Of ISA, NEP

Bar Council: High-Handed and Unwarranted Harassment by the Police - 24/10/2008

Press Release

High-Handed and Unwarranted Harassment by the Police

The Bar Council is appalled at the high-handed and unwarranted arrest and detention of K. Shanti and 11 others, including a 6-year old child, on 23 October 2008 for attempting to see the Prime Minister to seek the release of those detained under the ISA.

The efforts of these concerned citizens constitute a legitimate exercise of their rights under the law. We are perturbed that such an expression of sympathy and concern is being treated as a violation of the law. Further we have been informed that they were brought to court this morning and 10 of them were remanded for a further three days, for investigations for alleged offences under the Societies Act.

We view this as a clear case of harassment and intimidation. We have been reliably informed by the detainees' lawyers that they had always made themselves available for any investigations by the police.

We see no reason why any of these persons should be detained for investigations. Their continued detention is perceived as a form of punishment rather than any legitimate attempt by the police to investigate.

The Bar Council calls for the immediate release of those who have been detained, and a stop to the continued harassment and persecution of persons expressing dissenting views.



Ragunath Kesavan

Vice-President

Malaysian Bar



24 October 2008

Indonesia should respect UN Resolution and NOT execute the 3 in November

Indonesian government is going to KILL 3 human being in early November.

Indonesia will be ignoring the United Nations General Assembly Resolution calling for a moratorium on executions...

On 18th December 2008 On 18th December 2007, the United Nations General Assembly 'calling for a moratorium on executions to be established in all States that still maintain the death penalty'passed a resolution

The resolution calling for “a moratorium on the death penalty”, was passed by a vote of 104 in favour to 54 against, with 29 abstentions. (See annex VI.) It called on all States that still allowed capital punishment to “progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed”. - Charles Hector Blog

Bali bombers' execution date set

Amrozi is known as the 'smiling bomber'

Three men convicted over the 2002 Bali bombings will be executed in early November, the Indonesian attorney general's office says.

The three - Imam Samudra, Amrozi and Mukhlas, also known as Ali Ghufron - were sentenced to death for their roles in the attacks which killed 202 people.

They were found guilty of planning the attacks, which targeted nighclubs at Bali's tourist resort of Kuta.

The bombings were blamed on the militant group Jemaah Islamiah.

Friday's announcement comes after several appeals made on behalf of the three men.

The three are held in Nusakambangan maximum security prison, where officials said the executions would take place.

A pledge by the attorney general to see them die by Ramadan - which fell in early September - was not met.

However in its latest statement, his office said: "All legal recourse for the convicts has been finalised, and all requirements met.

"The execution of Amrozi, Ali Ghufron and Imam Samudra will be carried out at the beginning of November."

Earlier this month, Indonesia's Constitutional Court rejected defence arguments that the three should be beheaded, instead of being executed by firing squad, which, they argued, did not guarantee instant death and would amount to torture.

The BBC's Lucy Williamson in Jakarta says few Indonesians support the bombers, but the execution of men who say they were defending Islamic values is likely to spark some reaction even so. .- BBC, 24/10/2008 -Bali bombers' execution date set

Statement by 13 UN experts on global detention initiative

Statement by 13 UN experts on global detention initiative

6 October 2008

Thirteen independent experts of the UN Human Rights Council issued the following statement at the start of Dignity and Justice for Detainees Week -- a global initiative launched by the High Commissioner for Human Rights -- which takes place from 6-12 October 2008:

GENEVA -- "We strongly support the High Commissioner's initiative on improving respect for the human rights of detainees. As mandate holders of the Special Procedures of the Human Rights Council, we visit places of detention in many countries and receive information from all around the world. A serious problem we encounter is that often there are no proper records of those deprived of liberty, or, worse, they are held in places of detention that are not officially recognized. It is also of great concern that many people should not be deprived of their liberty at all, since their detention is arbitrary. Others are being detained solely on the basis of administrative orders unrelated to the criminal justice system, for example irregular migrants. Deprivation of liberty as such, whether lawful or not, makes persons extremely vulnerable to a broad range of human rights violations.

Often detention places undue restrictions on detainees including regarding access to health care and on their rights to food, education, privacy, family life and to participate in the political life of their country. Worse, in many cases, overcrowding, the lack of air and daylight and poor hygienic standards in detention literally make detainees ill as such conditions are conducive to the spread of disease.

Persons deprived of their liberty run an increased risk of being subjected to torture and ill-treatment, and in some extreme cases, to enforced disappearance. The range of forms of violence we have witnessed in detention facilities is wide and includes beatings and electroshocks to various parts of the body, threats, stress positions, burning, putting needles under fingernails, shooting, water boarding and sexual violence. Unfortunately this is by no means an exhaustive list, and new methods keep being invented.

All too often we have seen that discrimination existing in societies at large is exacerbated when people are deprived of their liberty. Even when policies and practices aim to treat everyone equally, they often overlook the particular needs of women, minors, non-citizens, the sick and the disabled. Poor detainees suffer disproportionally from overcrowding and their access to healthcare and food is often reduced to a minimum. Those detained far from home suffer the most for lack of family support. Members of vulnerable groups or women run an increased risk of falling victims to sexual violence and slavery-like practices within places of detention, frequently with the tacit approval of, or directly committed by, State officials. Too often detention serves as a means of punishment without educational opportunities, thus further marginalising detainees rather than helping them to prepare for release.

Since violations of detainees' rights by definition take place behind closed doors and, in many places, no effective channels exist to denounce them, injustice done to detainees all too often remains unknown of and unaccounted for.

On the occasion of the week on "Dignity and Justice for Detainees", we call on all States to do their utmost to ensure that detainees, as all other human beings, are treated with respect and dignity. We also appeal to States to provide for effective complaints and monitoring mechanisms in places of detention, including efficient avenues to challenge the legality of detention and access to legal counsel, with a view to making human rights a reality for them.

Signatories:

Mr. Philip Alston, Special Rapporteur on extrajudicial, summary or arbitrary executions;
Mr. Jorge Bustamante, Special Rapporteur on the human rights of migrants;
Ms Manuela Carmena Castrillo, Chairperson-Rapporteur of the Working Group on Arbitrary Detention of the Human Rights Council;
Mr. Santiago Corcuera Cabezut, Chairperson of the Working Group on Enforced or Involuntary Disappearances;
Mr. Olivier de Schutter, Special Rapporteur on the right to food;
Mr. Leandro Despouy, Special Rapporteur on the independence of judges and lawyers;
Ms. Yakin Ertürk, Special Rapporteur on violence against women, its causes and consequences;
Mr. Anand Grover, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health;
Mr. Vernor Muñoz, Special Rapporteur on the right to education;
Mr Manfred Nowak, Special Rapporteur on torture and cruel, inhuman and degrading treatment or punishment;
Mr. Martin Scheinin, Special Rapporteur on the promotion and protection of human rights while countering terrorism;
Ms. Magdalena Sepulveda, Independent Expert on the question of human rights and extreme poverty;
Ms. Gulnara Shahinian, Special Rapporteur on Contemporary forms of slavery, its causes and consequences.

For further information on the Detention Initiative, visit the special web page entitled 'Dignity and Justice for Detainees Week' at www.ohchr.org

ENDS

FIDH&SUARAM Open Letter to PM - Repeal ISA & Release Detainees

International Federation for Human Rights (FIDH)
SUARAM

OPEN LETTER


Malaysia

The Honorable Dato Seri Abdullah bin Haji Ahmad Badawi
Head of Government of Malaysia

Paris – Kuala Lumpur, October 7th 2008


Excellency,

We are writing to you to express our utmost concern at the rising trend in Malaysia to detain peaceful civil society activists under the Intern Security Act (ISA). We believe that such arrests jeopardize freedom of expression in Malaysia, the protection of national security serving as a pretext.

Mr. Raja Petra Kamaruddin is running Malaysia-Today, the most popular blog in Malaysia for its courageous reports about corruption and abuse of powers by various authorities and government leaders. He was arrested on September 12, 2008 under the ISA and was served with a 2-year detention order on September 23. He is currently detained under the ISA at the Kamunting Detention Centre in Perak.

We believe that the decision to imprison Raja Petra for two years under Section 8 of the ISA aims at thwarting his habeas corpus application against his detention under Section 73 of the ISA. A new habeas corpus application will have to be filed against the 2 year detention under Section 8. In adjudicating the legality of detention based on the Minister’s satisfaction that a national security threat exists under Section 8, the courts have customarily applied a subjective test of ministerial satisfaction. In other words, courts are precluded from scrutinising the Minister’s decision to detain according to any objective criteria of reasonableness.

Ms. Teressa Kok, a member of Parliament and senior executive councillor of Selangor state government, had been arrested under the ISA on the same day, but was released a few days later.

Journalist Tan Hoon Cheng was arrested the same day under the ISA at her home in Bukit Mertajam, Penang. According to various sources, Tan Hoon Cheng’s arrest may be linked to her report about the racist statement made by Ahmad Ismail, a member of the ruling party, the United Malays National Organization (UMNO). Tan Hoon Cheng wrote that Ahmad had reportedly stated that Chinese Malaysians are "squatters" in the country. She was released after one day in detention.

Hindu Rights Action Force (Hindraf) leaders P Uthayakumar, M Manoharan, V Ganabatirau, R Kenghadharan and T Vasanthakumar are still detained under Malaysia’s ISA. Hindraf, a coalition-based organisation, protests what they believe are discriminatory government economic policies against Malaysia’s Indian population. After a rally at Batu Caves, on December 13, the five Hindraf leaders were arrested and accused of having links with international terrorist organizations and of being involved in activities that amount to inciting racial hatred. FIDH and the World Organization Against Torture, in the framework of their joint programme the Observatory for the Protection of Human Rights Defenders, have been following closely their situation, and published a mission report recommending their immediate release.

FIDH and SUARAM call upon the government of Malaysia to release immediately and unconditionally Raja Petra Kamaruddin, the five HINDRAF leaders as well as all other ISA detainees, as their detention appears definitely arbitrary since it aims at silencing them.

More generally, FIDH and SUARAM consider that the ISA should be repealed in its entirety and all persons in Malaysia should be tried in conformity with international fair trial standards. Indefinite detention without trial can never be in conformity with international human rights standards.

Hoping that you will take into consideration the above mentioned concerns, we remain,

Souhayr Belhassen
FIDH President

Swee Seng Yap
Executive Director of Suaram

Death Penalty Not The Way To Address Criminality, Says Amnesty (Bernama)

KUALA LUMPUR, Sept 12 (Bernama) -- It is the responsibility of governments to address criminality effectively without resorting to the death penalty, said Amnesty International Malaysia executive director Nora Murat.

She said public support for the death penalty was most often based on the "erroneous belief that it is an effective measure against crime".

"The reasons for a seemingly strong public support for the death penalty can be complex and lacking in factual foundation. If the public are fully informed of the reality of the death penalty and how it is applied, many people may be more willing to accept abolition (of the death penalty)," she said at an inter-college debate on the death penalty, here Friday.

The debate on "Should Malaysia Abolish the Death Penalty?", organised by Amnesty International Malaysia, was between ATC College and Help University College.

Nora said in December 2007, the United Nations General Assembly passed a resolution calling for a moratorium on the death penalty and executions.

"The decision, adopted by the UN highest political body with universal membership, is a clear recognition of the growing international trend towards worldwide abolition of the death penalty, endorsed by the UN Secretary-General."

She said that today, two-thirds of the countries in the world had abolished the death penalty in law or practice.

Malaysia is among the countries where the death penalty is in place for offences such as drug-related.

-- BERNAMA

RM5-80 per day for food per detainee is pathetic..

RM5.80 a day not enough for meals, says Murugiah

By CHRISTINA KOH

IPOH: Seputeh MP Teresa Kok’s claims that she was served meals resembling dog food during her ISA detention have led to an investigation into the quality of food for suspects in police lock-up.

Deputy Minister in the Prime Minister’s Department T. Murugiah said he wanted to first determine if it was true that only RM5.80 was allocated for each detainee’s meals per day.

“If it is true, then it is definitely not enough especially with the price of goods going up. A detainee needs to have breakfast, lunch and dinner.

“Breakfast would cost you at least RM2.50, while a good lunch would be a minimum RM3.50 and dinner RM3.50,” he told a press conference here on Sunday.

Murugiah, who is the Public Complaints Bureau head, felt that each detainee should be allocated about RM10 daily for meals.

He pointed out that suspects detained to assist investigations had not even been charged in court yet or were considered guilty of any crime.

They (detainees) should be treated well. Even in prison, we must treat them as human beings, he said, adding that he would appeal to the Prime Minister and Home Minister to increase the allocation.

Murugiah said he and bureau officials would meet Kok on Monday at her Shah Alam service centre to get her statement.

The investigation, he said, would include paying a visit to the Jalan Travers police station where she was held and to the restaurant that supplied the food.

“We want transparency. I’m quite serious about this and I dont want this to be swept under the carpet. I’m not happy that this news has gone international,” he said.

Murugiah reminded the public that his public complaints bureau (03-8888 7777) had a lot of power to investigate any complaint against any civil servant, ministry or agency.

“We don’t need to get permission from any ministry. We can just walk in, do the investigation and take immediate action.

“If you’re afraid to go to the police or the Anti-Corruption Agency, come to us,” he said.

Last week, Kok drew attention to the food she was given during her seven-day detention at the Jalan Travers police station.

She was freed on Friday after being accused of petitioning a mosque to reduce the volume for the azan, something she has vehemently denied.

PDRM's Media Statement on the ISA arrests - 15/9/2008

In recent weeks, there has been an escalation of racially insensitive, seditious and disparaging acts and remarks by individuals and organisations bringing about a state of unrest and religious tension in the country.

When the police decided to invoke the ISA, the decision was based on intelligence and observation that certain acts by the individuals concerned were detrimental to the calm, peace and harmony of the country.

These acts if not curtailed would cause public disorder and be a threat to national security. An arrest under the ISA is only made when the police strongly believes that certain acts by individual can pose a serious threat to public order and national security.

These are the grounds in which the police based their decision on.

When there are reasonable ground the police will act accordingly under the provisions of Section 73(1) of the ISA. An arrest under the Section provides the police with means to investigate and verify whether the intelligence received can be substantiated.

In the case of the Sin Chew Daily news reporter, she was released as soon as the police had verified the intelligence and found no grounds to detain her further.

In the case of Raja Petra Kamaruddin and Teresa Kok, the police need time to investigate further on their alleged involvement in acts that can be considered as prejudicial to the security of the country.

We have 60 days under the ISA to investigate. As soon as we can establish that we have no firm grounds to substantiate our believes that they pose a threat to national security, we will release those persons.

But at any time within the 60 days, we find that our beliefs are substantiated, we will subject the case to the Minister with the recommendation that the person be detained under the Minister’s order of detention under Section 8(1) of the ISA.

In so far as the investigation is concerned, the police will conduct the investigation professionally and expeditiously, as it would not be in the public interest for the police to act otherwise.

The public are hereby advised not to take matters into their own hands except in accordance to law.

Let the police work within the system and laws of the country. Racial and religious unrest can be triggered over small matters and can escalate into situations that are damaging and irreversible.

We cannot allow the May 13, Kg Medan and Kg Rawa incidents to repeat and destroy the country.

The police will have to take pre-emptive measures in order to prevent the situation from getting out of control.

As such, the public must allow the police to act within the perimeters of the law in this country, including the ISA, which is a swift mechanism for effective action.

The police are continuously monitoring the situation and will not hesitate to take action against anyone who continues inciting racial and religious issues which are detrimental to the calm, peace and harmony of the country.

In the interest of the nation’s peace and harmony, the police will act without fear or favour. The police wish to reiterate and affirm that at the current moment, the situation in this country is calm and under control.

Tan Sri Ismail Omar Deputy Inspector General of Police

Source: Malaysian Bar Website

http://www.malaysianbar.org.my/letters_others/pdrm_s_media_statement_on_the_isa_arrests.html

MADPET: HOME MINISTER’S THREAT TO USE ISA AGAINST BLOGGER DEPLORABLE

MEDIA STATEMENT –

HOME MINISTER’S THREAT TO USE ISA AGAINST BLOGGER DEPLORABLE

- Repeal ISA and release all held under Detention Without Trial Laws -

MADPET (Malaysians Against Death Penalty and Torture) is disturbed by the statement of the Malaysian Home Minister Syed Hamid Albar that the Internal Security Act (ISA) may be used against "Malaysia-Today" blogger Raja Petra Kamaruddin for his comments on the blog which allegedly insulted Islam and Prophet Muhammad. (Bernama report, 5/9/2008 - ISA Can Be Used On Raja Petra, Says Syed Hamid)

It is shocking that the government still chooses to resort to draconian and unjust detention without trial laws like the ISA which do not accord the victim the right to defend himself or a fair and open trial. Clearly the government has not heard the message delivered by the people of Malaysian at the recent general elections.

If what Raja Petra Kamaruddin did was an offence, then charge him. Do not threaten the usage of this ISA or other Detention Without Trial Laws.

MADPET reiterates its call for the abolition of the ISA and all other laws that allow for Detention Without Trial.

MADPET also reiterates its call for the immediate and unconditional release of P. Uthayakumar, M. Manoharan and all those currently detained under the Internal Security Act (ISA) and other laws that allow for detention without trial.

Charles Hector
for Malaysians Against Death Penalty and Torture (MADPET)
6th September 2008

_______________

The relevant BERNAMA and Malaysiakini Reports are as follows:-

ISA Can Be Used On Raja Petra, Says Syed Hamid

PUTRAJAYA, Sept 5 (Bernama) -- Action under the Internal Security Act (ISA) can be taken against "Malaysia-Today" blogger Raja Petra Kamaruddin for his comments on the blog which allegedly insulted Islam and Prophet Muhammad.

Home Minister Datuk Seri Syed Hamid Albar said if the investigation which was being conducted based on police reports made by four religious agencies found that he committed the offence, Raja Petra would face the action.

Syed Hamid was commenting on the police reports lodged by the Malaysian Islamic Development Department (Jakim), Yayasan Dakwah Islamiah Malaysia (Yadim), Federal Territory Islamic Religious Council (Maiwp) and Federal Territory Religious Department (Jawi) against Raja Petra.

They complained that in his comment on an article entitled "I Promise to be a good, non-hypocritical Muslim", Raja Petra allegedly used sentences which insulted Muslims.

He is also alleged to have allowed comments which degraded Islam and Prophet Muhammad for an article entitled "Not all Arabs are descendants of the Prophet" to be published in the blog.

"The action taken by the religious agencies is in line with the law because his (Raja Petra) actions to use obscene and bad words for Prophet Muhammad is clearly in contradiction of the law.

"The probe and action should be expedited so that he will realise his mistakes and learn to respect Islam," Syed Hamid said.

Although Raja Petra claimed that he was not the blog's owner, Syed Hamid said Raja Petra had to be responsible for the contents published as he had always made himself appear as the sole representative for the blog.

On a related development, Syed Hamid said the establishment of a media council should be reviewed due to the "daringness" shown lately by bloggers to put themselves above the law.

The establishment of such a council was proposed earlier but was protested by media practitioners.

"The establishment of the council is not meant for controlling the media, but more on managing them in case they violate the freedom given to them.

"I will try to discuss with media practitioners to get their feedback on the matter," he added.

-- BERNAMA

******

Syed Hamid: ISA can be used on Raja Petra

Sep 6, 08 12:03pm (Malaysiakini)

Home Minister Syed Hamid Albar said controversial blogger Raja Petra Kamaruddin could be charged under the Internal Security Act for comments allegedly insulting Islam and Prophet Muhammad. MCPX Raja Petra, who edits popular news portal Malaysia Today, is being investigated after several religious groups - Malaysian Islamic Development Department (Jakim), Yayasan Dakwah Islamiah Malaysia (Yadim), Federal Territory Islamic Religious Council (Maiwp) and Federal Territory Religious Department (Jawi) - lodged police reports against him. "The probe and action should be expedited so that he will realise his mistakes and learn to respect Islam," said Syed Hamid, adding that Raja Petra would face action if the authorities found he had committed the offence. The religious groups had complained that his comment in an article entitled "I Promise to be a good, non-hypocritical Muslim", Raja Petra allegedly used sentences that insulted Muslims. Raja Petra is also alleged to have allowed comments to appear on his website that degraded Islam and Prophet Muhammad in an article entitled "Not all Arabs are descendants of the Prophet". "The action taken by the religious agencies is in line with the law because his (Raja Petra) actions to use obscene and bad words for Prophet Muhammad is clearly in contradiction of the law,” Syed Hamid said in a Bernama report. Media council to be reviewed Raja Petra has claimed he does not own the news website, but Syed Hamid said the former still had to be responsible for the contents published as he had always made himself appear as the sole representative for the portal. On a related development, Syed Hamid said the establishment of a media council should be reviewed due to the "daringness" shown lately by bloggers, who dared to put themselves above the law. Media practitioners had protested the establishment of the council. "The establishment of the council is not meant for controlling the media, but more on managing them in case they violate the freedom given to them. I will try to discuss with media practitioners to get their feedback on the matter," Syed Hamid said.

Gerakan call for release of HINDRAF 5, now detained under ISA

Perak Gerakan Wanita: Release Hindraf
By CHAN LI LEEN (Star Online, 10/8/2008)

IPOH: Perak Gerakan Wanita has called on the Government to release leaders of the Hindu Rights Action Force(Hindraf) from detention under the Internal Security Act (ISA).

The call to release M. Manoharan, P. Uthayakumar, V. Ganabatirau, K. Vasantha Kumar and R. Kenghadaran, detained since last Dec 13, were among the resolutions passed during the state Gerakan Youth and Wanita annual delegates conference on Sunday.

Both Youth and Wanita wings passed their six and 12-point resolutions, mostly concerning education, national issues, corruption and the present economic scenario.

Wanita further drew attention to the problem of lack of Chinese national type schoolteachers and asked the Education Ministry to re-evaluate its hiring process so that qualified ones were not turned away.

The Ministry was also urged to be fair in its distribution of funds to government-aided schools to speed up their construction and development.

The wing also urged the Government to give a free hand to the Judiciary and the Anti-Corruption Agency to investigate government agencies without fear or favour in order to restore the people's trust and faith.

It said the Government should also pay more attention to the rising corruption within its agencies and to take stern action against those involved.

The Youth wing asked that the party's constitution be reviewed to allow for the post of deputy chief to be created at the branch, division and state levels.

Woman sues Government over son's death and wins - Death in Police Custody

Well, there you have it - for at last we have a victory in a case of death in custody. The government really do not want any reasoned judgment of the court - and they would prefer that they lose for some technical/procedural non-compliance -- or that the final decision is some consent judgment (for if it is a consent judgment, the judge will not write his grounds of judgment). This is done, possibly, to ensure that there is no real precedence that other victims could rely on.

In a case against the DG of Immigration(and others), that I was involved in before, at the 11th hour (when they know that the judgment will not be going the government's way), they conceded and pushed for consent judgment to be recorded - and it that particular case, it did happen twice - the 2nd was for a contempt of court proceeding. And yes, in that case also, the Judge awarded cost, but left it to the Registrar to tax/access it .

And, in that case involving 40 Indian workers, the Registrar decided that cost be RM10,000-00 - and this was absurd because it works out to RM250 per worker. On review, that sum was cut down by half ...about RM5,000. Now, there is an application for review before the Judge...

So, I wonder how much would the award of damages be at the end of the day for this death in custody case. What is the value of human life? It would have been best that the Judge himself decided now the quantum of damages and the cost - for that would have put an end to this matter in court. Now, the family of the late M.Ulaganathan, who died in 2003, will still have to be in court for assessment of damages and cost. Speedy resolution of such cases is always best.

Woman sues Government over son's death and wins

BERNAMA (New Straits Times, also Malaysian Insider - 29/7/2008)

KUALA LUMPUR, TUES:

The High Court here today awarded damages to a woman who sued the police and the government for negligence over the death of her 19-year-old son while in police custody in 2003.

Justice Datuk Abdul Wahab Patail ruled that the defendants had failed to comply with the case management direction from the court.

Justice Wahab made the decision after the defendants failed to produce the affidavits and submissions as ordered by the court.

“In the circumstances, the court enters judgment for the plaintiff, general and special damages to be assessed by the Deputy Registrar of the High Court,” he said Justice Abdul Wahab.

With the decision, besides the damages, Tamil Selwee, a housewife, also succeeded in her claim for four declarations, namely that the death of her son, M.Ulaganathan, while in police custody on July 21, 2003, was caused by the Royal Malaysia Police and that Ulaganathan’s death was caused by their breach of statutory duty, recklessness and gross and wanton negligence.

On July 17, 2006, Tamil Selwee, 50, filed a suit seeking the four declarations and damages, claiming that her son’s death while in custody at the Kajang district police headquarters was caused by police negligence.

She named the Inspector-General of Police, Selangor police chief, Kajang OCPD and the Malaysian government as defendants.

She said in her statement of claim that her son was well on May 12, 2003, but when she visited him at the police lockup on May 23 he was sick, could not walk properly, had swollen eyes and bruises and complained of having no appetite, She said she again visited her son a week later and found him still in a bad condition and he died on July 21 the same year.

The defendants, in their statement of defence, admitted that the police had detained Ulaganathan at the Kajang police station but denied that his injuries were caused by their negligence.

They said that throughout the time he was in their custody he was in good health and did not show any signs of sickness which required treatment by a doctor and that he also did not ask to be taken to see a doctor.

2008/07/30 (NST Online)

Mum wins damages for son's death in lock-up

Judge Datuk Abdul Wahab Patail ruled against the defendants after they failed to produce affidavits and submissions

KUALA LUMPUR: The High Court yesterday awarded damages to a woman, who sued the police and government for negligence over the death of her 19-year-old son while in police custody in 2003.

Judge Datuk Abdul Wahab Patail ruled that the defendants had failed to comply with the case management direction from the court.

He made the decision after the defendants failed to produce the affidavits and submissions as ordered by the court.

"In the circumstances, the court enters judgment for the plaintiff, with general and special damages to be assessed by the Deputy Registrar of the High Court," he said.

With the decision, Tamil Selwee, a housewife, also succeeded in her claim for four declarations.
The declarations were that the death of her son, M. Ulaganathan, while in police custody on July 21, 2003, was caused by the Royal Malaysia Police.

Ulaganathan's death was also caused by their breach of statutory duty, recklessness, and gross and wanton negligence.

On July 17, 2006, Tamil Selwee, 50, filed a suit seeking the four declarations and damages.

She claimed that her son's death at the Kajang district police headquarters was caused by police negligence.

She named the Inspector-General of Police, Selangor police chief, Kajang OCPD and the government as the defendants.

She said in her statement of claim that her son was well on May 12, 2003.

But when she visited him at the police lock-up on May 23, he was sick, could not walk properly, had swollen eyes, bruises and complained of having no appetite.

She said she visited her son again a week later and found him still in a bad condition and he died on July 21.

The defendants, in their statement of defence, admitted that the police had detained Ulaganathan at the Kajang police station.

But they denied that his injuries were caused by their negligence.

They said that throughout the time in police custody, the deceased was in good health and did not show any signs of sickness which required treatment by a doctor.

The deceased also did not ask to be taken to see a doctor. -- Bernama

Caning doesn’t deter illegals (Star)

The Malaysian Bar has already called for the abolition of whipping and corporal punishment...and it has been pointed yet again in the recent Star report that whipping is not a deterrent...

They come because there is work here -- and the real persons that should be targeted are the employers - not these persons who coming looking for work to support themselves and their families.

The law says that employers will also be whipped --- but are we not surprised that no employer has yet to be whipped. At the same time

Tuesday July 22, 2008 (Star Online)

Caning doesn’t deter illegals

KOTA KINABALU: As many as 4,326 illegal immigrants jailed, caned and deported have been found back in Sabah.

Sabah Immigration Department director Datuk Baharon Talib said some of them had been deported up to seven times but they keep coming back.

He said these immigrants who were rearrested between 2004 and June this year were found working at plantations, mills, workshops and restaurants.

Baharon, who was responding to calls for locals found guilty of employing illegal immigrants to be caned, said that there had been no caning imposed on employers.

However, he said several companies were charged or fined by the courts for not paying the levies.

Calls for more stringent action against those who employ illegal immigrants have been growing in the state.

Anwar's press statement in full (Malaysiakini)

Anwar's press statement in full

Jul 17, 08 3:38pm

MCPX The following is Anwar Ibrahim’s press statement providing his own account of what had transpired in the days leading to his arrest. On Saturday, July 12, 2008, the police came to my house to serve a Section 111 Criminal Procedure Code notice, harassing my family and demanding my presence at the IPK Kuala Lumpur (Federal Territories Police headquarters) at 2pm on Monday, July 14, despite an earlier agreement with my lawyers for me to come to the IPK. On the next day, Sunday, the police also served an ex-parte court order, prohibiting me from physically being within 5km from the Parliament on July 14. As you can see, my house and the IPK KL are within 5km radius from the Parliament building. The court order effectively put me under house arrest on Monday and at the same time prevented me from going to the IPK. On July 14, the presence of police personnel outside the compound of my house strengthened our suspicions that they would be prepared to arrest me as soon as I left the compound of my residence, on the pretext of me violating the court order. The issue here, is which order should I comply with, the ex-parte court order or the Section 111 notice from the police? On the same day, the police through the investigating officer, one DSP Jude Pereira wrote and faxed to my lawyer at about 1.06pm, informing that I was required to be present at the IPK KL on Wednesday, July 16 at 2pm to assist with the investigation. I conveyed my agreement to the appointment and it was communicated to the police through my solicitor, SN Nair and Partners via telephone and letter on the same day. On Wednesday, July 16, I was at the Anti-Corruption Agency (BPR) head office to record my statement pursuant to the police report lodged by me at IPK Shah Alam on July 1, against attorney-general Gani Patail and inspector general of police Musa Hassan for their involvement in the fabrication of evidence way back in 1998. To ensure that we will be able to attend the appointment with the police at 2pm, we cut short our statement at the BPR's office, and this fact was clearly conveyed to the BPR officers present. Ambushed by masked men At about 12.45pm, the investigating officer (IO), DSP Jude Pereira called Mr Nair to confirm about our attendance and Mr Nair confirmed that we would attend that 2pm appointment. We were about to have a quick lunch at my house before proceeding to the IPK. Five minutes later, we were ambushed by a team of masked and heavily-armed police personnel near my house. I was arrested and brought to the IPK. I cooperated fully with the police by giving my cautioned statement from 2.30pm to about 7.30pm. At this particular point, the IO and the other officers handling this case were doing their job professionally. I was then given assurances by assistant commissioner of police Razali and later senior assistant commissioner II Khor (through my lawyer) that I would be released on police bail on the same day. However, later on, upon my return from Kuala Lumpur General Hospital (HKL), the IO, DSP Jude Pereira informed me and my lawyers that I will be detained and put in the police lock-up overnight for the purpose of recording a further statement in the morning. I and my lawyers protested, giving our undertaking that we will be back anytime required by the police to continue with the recording of the statement, and there was no need for me to be detained overnight, and that I should be released on police bail. The police, through the IO were adamant that I should be detained and put in the police lock-up overnight, despite them knowing about my physical condition. I had to spend the night sleeping on a cold cement floor, which aggravated my back injury which was due to the beating I received from the then IGP, Tan Sri Rahim Nor on Sept 20, 1998. This morning, after a short statement that was recorded for about 30 minutes, I was released on police bail. I was in pain and had to immediately receive some medical treatment upon my return home. CID chief tells blatant lie I now wish to deal with the statement of the Criminal Investigation Department (CID) director, Mohd Bakri Mohd Zinin as appeared in Utusan Malaysia today, inter alia "Pasukan khas bertopeng polis terpaksa memintas kenderaan DSAI di Bukit Segambut di sini dan menahan Anwar ekoran tindakan Penasihat PKR itu mengubah haluan kenderaannya pada saat-saat tempoh yang diberi kepadanya untuk menyerah diri kepada polis pada pukul 2 petang ini hampir berakhir." This is a blatant lie from the CID director to cover up their shameful act of abuse of police powers. I have given the assurances and had just informed the IO five minutes before the disgraceful ambush by the police through my lawyer who was with me in the same car. In addition to the above, Deputy Home Minister Wan Farid said, as reported in Star Online that, I "went voluntarily to the police car without any incident." Again, this is also a blatant lie by the government. I take to task the IGP for this abuse of police power against me through the events I've narrated above. It appears that the events of the last few days, the nature of my unwarranted arrest, my overnight incarceration which was actually absolutely unnecessary, were an act of personal vengeance against me in retaliation to the reports I lodged earlier against him, which are now being investigated by the ACA. Why I refused to give my DNA I have reasonable grounds for having no confidence in the system. In the course of the trial of the false allegations of sodomy in 1998, DNA evidence was fabricated and used against me. The persons responsible for the fabrication then were the IGP, SAC Rodwan and the AG, are new key players in this investigation. Until now, I have been denied access to the police report made by the accuser against me. My accuser is still under police protection and as such, any fabrication is possible if they take my DNA. My decision to refuse a DNA test is taken through advice of my lawyers and DNA experts, both local and overseas. Anwar Ibrahim July 16, 2008

62 under ISA as of 30/6/2008

What a load of crap -- Detention Without Trial is geared towards rehabilitation not punishment...

First, give them an open trial - and find them guilty first, then talk about punishment or rehabilitation...

62 being held under ISA


Friday July 11, 2008

Detainees undergo rehab programme

DETENTION under the Internal Security Act (ISA) is geared more towards rehabilitation rather than criminal punishment.

Home Minister Datuk Seri Syed Hamid Albar told M. Manogaran (DAP – Teluk Intan) that ISA detainees would be rehabilitated in regard to their extremist beliefs and actions, which could threaten national security.

“Those held under the ISA will undergo a rehabilitation programme at their place of detention.

“If a detainee has been considered to be rehabilitated and no longer poses any danger to the country, he or she will be released,” he said in a written reply.

Syed Hamid said that as of June 30, there were 62 detainees held for involvement in various activities.

“Forty-two people were held for militant violence, six for falsifying documents, one for human trafficking, nine for gathering information for foreign intelligence agencies and five for Hindraf activities.

“However, we cannot provide a full list of ISA detainees with their background and offences at present due to security factor,” he said.

Manogaran had asked for a full list of ISA detainees and whether the Government provided their family members with financial assistance during their period of detention.

Syed Hamid said ISA detainees could also refer to the Social Welfare Department nearby to ensure their family members received assistance.

“Based on records at the Taiping detention centre, 28 people held under ISA there have submitted applications for financial assistance for their families.

“Of this, 17 detainees have had their applications approved and their families have received financial assistance from the district social welfare office as well as the Islamic relief agency Baitumal where they reside.

There were still six applications for financial assistance, which had yet to be considered by the department.

“Besides financial assistance, the department will also consider aid for education and health,” Syed Hamid said.