MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.
Wednesday, October 29, 2008
Bar Council: High-Handed and Unwarranted Harassment by the Police - 24/10/2008
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
Friday, October 24, 2008
Indonesia should respect UN Resolution and NOT execute the 3 in 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 resolutionThe 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
Wednesday, October 08, 2008
Statement by 13 UN experts on global detention initiative
6 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
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
Sunday, October 05, 2008
Death Penalty Not The Way To Address Criminality, Says Amnesty (Bernama)
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
Sunday, September 21, 2008
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.
Monday, September 15, 2008
PDRM's Media Statement on the ISA arrests - 15/9/2008
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
Saturday, September 06, 2008
MADPET: HOME MINISTER’S THREAT TO USE ISA AGAINST BLOGGER DEPLORABLE
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 HamidPUTRAJAYA, 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 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. |
Tuesday, August 12, 2008
Gerakan call for release of HINDRAF 5, now detained under ISA
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.
Sunday, August 03, 2008
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...
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 submissionsKUALA 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
Tuesday, July 22, 2008
Caning doesn’t deter illegals (Star)
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 illegalsKOTA 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.
Thursday, July 17, 2008
Anwar's press statement in full (Malaysiakini)
| Anwar's press statement in full |
| Jul 17, 08 3:38pm |
|
|
Monday, July 14, 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 programmeDETENTION 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.
Immigration DG released on bail (Star)
Monday July 14, 2008 MYT 7:16:13 PM(Star)
Immigration DG released on bail
PUTRAJAYA: Immigration Department director-general Datuk Abdul Wahid Md Don, remanded last Friday over an Anti Corruption Agency (ACA) investigation into the issuance of visas for foreign workers, was released on bail on Monday. He was brought before Magistrate Mazuliana Abdul Rashid of the Kajang Magistrate's Court here who released him on an ACA bail of RM150,000 with two sureties, Bernama reported.
Handcuffed and escorted by three ACA officers, Wahid arrived at the court at 11am and was released 10 minutes later. Speaking briefly to reporters he said: "The ACA officers carried out their task courteously and professionally. I don't intend to comment further. Let the court decide on the case."
The ACA had so far arrested nine people over the case and the agency's director-general Datuk Seri Panglima Ahmad Said Hamdan has been quoted as saying that more people are expected to be arrested.
Friday, July 11, 2008
MADPET:- THERE SHOULD BE NO HARRASSMENT OF LAWYERS IN MALAYSIA - Investigate Allegations Of Police/Prosecutors Suppressing Of Evidence-
MEDIA STATEMENT –
THERE SHOULD BE NO HARRASSMENT OF LAWYERS IN
- Investigate Allegations Of Police/Prosecutors Suppressing Of Evidence-
MADPET (Malaysians Against Death Penalty and Torture) is concerned by the fact that the police has send a letter requiring lawyer
On
More disturbing was the allegation contained in paragraph 49 of this Declaration, being that the police had caused to be left out certain matters he had told them in the statement he was finally asked to sign. “I told them all I knew including everything Abdul Razak Baginda and Aminah had told me about their relationships with Najib Razak but when I came to sign my statement, these details had been left out…”
MADPET is also concerned about the allegation contained in paragraph 50, that the prosecution may have intentionally or otherwise failed to ask questions that will cause the name and/or involvement of Najib Razak to be disclosed. “…The prosecutor did not ask me any questions in respect of Aminah’s relationship with Najib Razak or of the phone call I received from DSP Musa Safri, whom I believe was the ADC for Najib Razak and/or his wife…”
Prosecutors do and must have the duty to disclosure all facts to ensure that justice be done, more so in a murder case where a finding of guilt would result in the death penalty. Leave it to the judge to decide on the importance or relevance of facts and evidence, when he decides on the guilt or innocence of the accused.
On
Thereafter, allegedly P. Balasubramaniam and his family disappeared.
On 5/7/2008, R. Kumaresan, the nephew of that now ‘infamous’ private investigator P. Balasubramaniam, accompanied by his lawyer N. Surendran, made a report that his uncle and family had gone missing.
Mr Surendran did today receive a letter from the police requiring his presence on 12/7/2008 (Saturday) at 3pm at Tingkat 6, Blok G, Unit Siasatan Jenayah Siber & Multimedia, Jabatan Siasatan Jenayah Komersil (Commercial Crime Investigation Department), Jalan Dato Onn, 50560 Kuala Lumpur (Tel: 03-26163822). The letter was dated
The letter, that was issued under section 111 Criminal Procedure Code, states that the case being investigated is classified under section 199 Penal Code (False statement made in any declaration which is by law receivable evidence) with regard to a false statement made in a Statutory Declaration – referring to Dang Wangi Rpt: 23402/08.
On the face of it, there is no justification for the calling of Mr Surendran with regard to this particular investigation.
Firstly, N. Surendran is merely the lawyer of the nephew, concerned only about his uncle and family when they went missing.
Further,
MADPET is concerned that this may be yet another case of harassment of a lawyer, and this is unacceptable
We recall the Malaysian Bar Resolution that passed at an Emergency General Meeting on
MADPET urge that lawyers in
MADPET also calls for the immediate investigation into the allegations that have been made against the police and the prosecutors, who allegedly suppressed that part of the truth that implicated involvement of the Deputy Prime Minister.
Charles Hector
for Malaysians Against Death Penalty and Torture (MADPET)
Thursday, July 03, 2008
Hanging Judge Ahmad Maarop sentence couple to death
Malaysia has ratified the Child Rights Convention - and surely the passing of a sentence of death is not in the "paramount interest of the child". So, this judge delayed the hanging until served their 15 years in jail.
Are they really the drug traffickers or just some fools who were asked to carry a package from one destination to another.
With the rise of cost of living - many may be forced to resort to these little tasks for some extra money, not really knowing what they are carrying most of the time. And Malaysia will send them to their death...
Thursday July 3, 2008 MYT 7:47:48 PM
Couple sentenced to death for trafficking heroin
By R.S.N. MURALI
KUALA TERENGGANU: A couple with four children, three of whom are below 16 years, was sentenced to death by the High Court hereThursday for heroin trafficking five years ago.High Court Justice Ahmad Maarop also convicted them of possession of the narcotic and sentenced them to 15 years to jail, from their date of arrest in 2003, which they are to serve before their execution.
Justice Ahmad, now a Court of Appeal Justice, however, granted them a stay on the death sentence pending an appeal.
Azaha Abd Rani, 49, and his wife Zainun Mohd Noor, 42, both from Kelantan, were composed and unfazed when Justice Ahmad Maarop read out the verdict.
However, Azaha grasped his wife 's left hand when leaving the dock after the sentencing.
“Based on our country’s law, it is a mandatory death sentence for those convicted of drug trafficking and it’s our (court) responsibility to mete out the death penalty,” said Justice Ahmad.
The court also noted that Azaha, a taxi driver, had given a sworn statement while Zainun chose to remain silent without calling any witnesses in her defence.
The couple were charged under Section 39B (1)(a) of the Dangerous Drugs Act and Section 12 (2) of the same act for trafficking and being in possession of heroin, respectively.
They were convicted of distributing 12.25g of heroin on December 7, 2003, in front of BP petrol kiosk in Kampung Jabi, Besut.
They were also convicted of being in possession of 9.57g of heroin on the same date, time and area. Earlier in mitigation, defence counsel Aziz Derasi appealed to the court for a lighter sentence in viewof the fact that the offence was their first and they were parents to four children aged 24 years, 15 years, 11 years, and nine years.
But the Deputy Public Prosecutor Othman Abdullah argued that there was only one sentence reserved for cases under Section 39B and that was the death penalty.
Sunday, June 22, 2008
MADPET Statement on detainee forced to perform oral sex and tortured when complains
MEDIA STATEMENT –
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
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)
Saturday, June 21, 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
At this juncture, the father of one of the suspects, K Sukumaran (left), lodged a police report against the Kajang police station. |
Monday, June 16, 2008
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.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.
"Therefore, the accused was not an innocent carrier in this case."
Ou Seng appeared calm when Sulaiman passed the death sentence. - Bernama
Sunday, June 15, 2008
Hindraf convoy calls for ISA repeal
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.
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.

