Malaysian Bar Resolution on on Detention of P Uthayakumar, M Manoharan,...

Malaysian Bar Resolution on on Detention of P Uthayakumar, M Manoharan, R Kengatharan and V Ganabatirau under the ISA , passed on 14th March 2009 at the 63rd Annual General Meeting of the Malaysian Bar held at the Grand Ballroom, Legend Hotel, Kuala Lumpur

(1)	Whereas Article 5 of the Federal Constitution guarantees that no person shall be deprived of his life or personal liberty save in accordance with law.
(2)	And whereas Article 8 of the Federal Constitution guarantees that all persons are equal before the law and entitled to the equal protection of the law.
(3)	And whereas Article 8(2) of the Federal Constitution guarantees that except as expressly authorized by this Constitution there shall be no discrimination against citizens on the ground only of religion, race or descent or place of birth
(4)	And whereas Article 10 of the Federal Constitution guarantees freedom of speech, assembly and association.
(5)	And whereas Article 11 of the Federal Constitution guarantees freedom of religion.
(6)	And whereas Article 12 of the Federal Constitution provides that there shall be no discrimination against any citizen on the grounds of religion, race, descent or place of birth:-
	(a)	in the administration of any educational institution, maintained by a public authority and in particular the admission of pupils or students or the payment of fees or; and
	(b)	in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational, institution (whether or not maintained by a public authority and whether within or outside the Federation)
(7)	And whereas Article 153(1) of the Federal Constitution provides that it shall be the responsibility of the Yang Di Pertuan Agong to safeguard the special position of the Malays and natives of any of the states of Sabah and Sarawak and the legitimate interest of the other communities in accordance with the provision of this Article.
(8)	And whereas Article 153(2) provides that the Yang Di Pertuan Agong is to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and when any permit or license for the operation of any trade or business is required by Federal law
(9)	And whereas Section 42 of the Legal Profession Act 1976 empowers Advocates and Solicitor to represent their client’s interest without fear or favour.
(10)	And whereas Article 1 of the Universal Declaration on Human Rights stipulates that “All human beings are born free and equal in dignity and rights”. The Universal Declaration of Human Rights is the most widely subscribed body of principles that establishes Universal Human Rights norms and standards.
(11)	And whereas the Declaration on the right and responsibility of individuals, groups and organs of society to promote and protect Universally Recognised Human Rights and fundamental freedoms, adopted by consensus by the United Nations General Assembly on the 9th of December 1998 recognises the legitimacy of the activities of human rights defenders their rights to freedom of association and to carry out their activities without fear of reprisals.
(12)	In the Harare Commonwealth Declaration 1991, the Heads of Government of the countries of the Commonwealth had reaffirmed the pledge that were set out in a Declaration of Commonwealth Principles agreed to by their predecessors at their meeting in Singapore in 1971 among them being that, they believe in the liberty of the individual under the law in equal rights for all citizens regardless of gender, race, colour, creed or political belief and in the individual’s inalienable right to participate by means of free and democratic political processes in framing the society in which he or she lives. They recognize racial prejudice and intolerance as a dangerous sickness and a threat to health development and racial discrimination as an unmitigated evil. They oppose all forms of racial oppression and they are committed to the principles of human dignity and equality.
(13)	And whereas the United Nations International Covenant on Economic, Social and Cultural Rights states in it’s preamble that it developed out of recognition of the fact that “in accordance with the Universal Declaration of Human Rights the ideals of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone especially the minority may enjoy his economic, social and cultural rights as well as his civil and political rights”.
(14)	And whereas Articles 3, 10 and 11(1) of the Universal Declaration of Human Rights 1948 provides for no detention without trial, right to personal liberty and a fair trial and the presumption of innocence until proven guilty.
(15)	And whereas the United Nations Convention on the elimination of all forms of racial discrimination, the term racial discrimination shall mean any on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise on an equal footing of human rights and fundamental and any other field or public life.
(16)	At the world conference on human rights held in Vienna, Austria in June 1993, Malaysia along with 170 other countries reiterated the universality, indivisibility and interdependence of human rights and commitment to the Universal Declaration of Human Rights.
(17)	And whereas the preamble to the Internal Security Act 1960 starts of by stating “An act to provide for the Internal Security of Malaysia preventive detention, the prevention of subversion, the suppression of organized violence against persons and property in specified areas of Malaysia, and for matters incidental thereto. “Whereas action has been taken and further action is threatened by a substantial body of persons both inside and outside Malaysia:-
	(a)	To cause and to cause a substantial number of citizens to fear organized violence against persons and properly; and
	(b)	To procure the alteration otherwise than by lawful means the lawful Government of Malaysia by law established.
(18)	And whereas even the drafter of the ISA, the late Professor R.H. Hickling had said that the Internal Security Act (ISA) was only intended against communist insurgents and those bent on armed struggle. In an interview with the New Straits Times (on the 30th day of July 2006) Hickling said the ISA was being used against people for whom it was not intended “it was designed to be more limited in its scope than it is at the moment”. Organised violence is the key to this preamble but a lot of people who had nothing to do with organized violence at all were arrested (and detained under the ISA). “I would want Judicial review at all times”.
(19)	And whereas Advocates and Solicitors P. Uthayakumar, M. Manoharan, R.Kengatharan and V.Ganabatirau had at all material times been discharging their duties pursuant to Section 42 of the Legal Profession Act and further to the aforesaid Malaysian Constitution, Laws of Malaysia Commonwealth, United Nations and International laws and obligations in particular in championing the minority, human rights and dignity of the Malaysian Indian community who are suffering from about the worst forms of violations of minority and human rights.
(20)	And whereas when P.Uthayakumar had filed a RM100 Million Civil Suit against the aforesaid parties, they had speedily and without even filing their statement of defence filed an application to strike out the Writ of Summons and Statement of claim now denying that they were referring the said terrorist link to P.Uthayakumar. They had further stated that they were merely referring to Hindraf leaders knowing fully well that P.Uthayakumar was the main Hindraf leader.
(21)	And whereas these Advocates and Solicitors are still languishing in Malaysia’s very own “Guantanamo Bay” the Kemta Prison without trial and against the rules of natural justice and the rule of law for about one year and three months as at the date hereof despite having pursued their struggle only through legal and peaceful means.
(22)	And it is now hereby resolved by the Malaysian Bar that :-
	(a)	Advocates and Solicitors and activists P. Uthayakumar, M. Manoharan, R.Kengatharan and V.Ganabatirau were at all material times acting without fear or favour through peaceful legal and legitimate means further to the Federal Constitution, Laws of Malaysia, the Commonwealth, United Nations and the International laws, conventions and obligations as aforesaid.
	(b)	The arrest and detention of Advocates and Socilitors P.Uthayakumar,M.Manoharan, R.Kengatharan and V.Ganabatirau is against the letter and spirit of Article 5 of the Federal Constitution the Internal Security Act 1960, Laws of Malaysia, the Commonwealth, United Nations the International Laws, Conventious and Obligations, rules of natural justice and the rule of law.
	(c)	Justice has not been done for Advocates and Solicitors P.Uthayakumar, M.Manoharan, R.Kengatharan and V.Ganabatirau who have now been detained and imprisoned without trial for one year and three months now since the 13th day of December 2007 and for an indefinite period of time thereafter.
	(d)	The Malaysian Bar hereby calls upon the Prime Minister, Deputy Prime Minister, Home Minister and the Government of Malaysia to forthwith set free and release from ISA detention the aforesaid P. Uthayakumar, M. Manoharan, R.Kengatharan and V.Ganabatirau.
	(e)	That all the remaining 43 detainees currently detained under the Internal Security Act 1960 also be forthwith released.
	(f)	The Malaysian Bar calls for the abolishment of the Internal Security Act 1960 which provides for detention without trial and all other such laws providing for detention without trial with immediate effect.
The amended motion was unanimously carried.

KUGAN ANANTHAN: 2 post-mortem reports, 8 major differences..

After discovering vast discrepancies in the two post-mortem reports, the family of dead detainee A Kugan did the next sensible thing - lodge a police report and hope to see justice done.

MCPX

This morning, M Indra did just that. She lodged a police report against Serdang Hospital and the pathologist who conducted the first post-mortem on her son’s body.

Accompanying her to the Petaling Jaya police district headquarters to lodge the report were her lawyer, two MPs and several family members.

Dr Abdul Karim Tajudin of Serdang Hospital performed the first post-mortem while Dr Prashant N Samberkar of Universiti Malaya Medical Centre conducted the second one. The Prashant post-mortem report was submitted to the Attorney-General’s Chambers by Indra on Thursday.

The Prashant report revealed that the 22-year-old deceased endured severe beatings and was also starved during his incarceration while the Karim report said the cause of death was inconclusive.

According to the family's lawyer N Surendran, there were eight major differences in the two reports:

1) The Karim report said that Kugan's back had V-shaped abrasions. The Prashant report stated that the V-shaped marks were burn wounds inflicted with a heated object.

2) The Karim report listed down 22 marks of external injuries. The Prashant report listed down almost 40 marks of external injuries.

3) The Karim report said the brain was normal while the Prashant report stated that the brain had congested blood vessels.

4) The Karim report said the neck muscles were normal. The Prashant report indicated hemorrhage of the right neck muscle.

5) The Karim report said the heart was normal. The Prashant report revealed hemorrhage of the heart.

6) The Karim report said the spleen was normal. The Prashant report revealed large area of hemorrhage in the spleen.

7) The Karim report said other organs in the abdomen were examined and were normal. The Prashant report said that in the first post-mortem, organs in the abdomen were not removed for dissection.

8) The Karim report gave the cause of death as pulmonary oedema which cause was unknown. The Prashant report clearly stated that the cause of death was kidney failure due to beatings.

"We are shocked and surprised to see the differences - it is puzzling for a pathologist to miss a burn mark or a large area of hemorrhage in the spleen," said Surendran.

Serdang Hospital’s ridiculous statement

Disappointed and shocked by the significant differences, Kugan's mother today demanded an investigation on whether it was an attempt to cover up the truth by the hospital and the pathologist Dr Abdul Karim.

"Were they trying to protect the police? Was police involved in any cover-up? How could Dr Abdul Karim say the other organs in the abdomen were examined when the second report showed he did not remove those organs for dissection?" Indra asked.

She also questioned why the cause of death in the first report was inconclusive while the second one was able to identify the cause of death. She asked for action to be taken against both Dr Abdul Karim and the Serdang Hospital.

Kugan had died on Jan 20 at the Taipan police station in Subang Jaya, five days after he was arrested in connection with the theft of luxury cars.

On Serdang Hospital director Dr Mohd Norzi Ghazali’s statement yesterday that Kugan's body could have been tampered with, Surendran said it was ridiculous as video evidence clearly indicated that the body was not.

"If what he said was true, the first post-mortem should have stated it as any pathologist can identify cuts and injuries that have been inflicted after the death of a person. Both the post-mortem reports have not indicated such injuries on the body," said the lawyer.

"The statement made by the Serdang Hospital is so ridiculous that I think I don't even need to produce scientific evidence," he said.

Surendran also felt that it was improper for a hospital director to come out with such a statement.

Syed Hamid, want to offer your office?

Meanwhile, Kapar MP S Manickavasagam who was also present, responded to Home Minister Syed Hamid Albar’s statement questioning why the Kugan case was politicised.

"The minister asked why we used the PKR headquarters to hold the press conference. Well, if Syed Hamid can offer his office to us, we are willing to use it to meet the press. Kugan's family cannot afford to book a hotel ballroom, so we offered our party office."

Manickavasagam also said that the issue of Kugan's brutal death not only concerned a particular race, but every one in the country.

Teluk Intan MP M Manogaran, who was also present, called for the Malaysian Medical Council (MMC) to take action against Dr Abdul Karim.

"The MMC should be pro-active and call the mother if she wants to lodge a report against Dr Karim," he said.

He also questioned Dr Karim's qualifications and asked if he was influenced by the police.

"How can a pathologist not be able to conduct a complete post-mortem?" he asked.

Manogaran also urged the media not to criminalise Kugan and spare his family from further suffering.

VIDEO l 8 mins

First autopsy report l 5 pages(Dr Abdul Karim Tajudin)
Second autopsy report l 12 pages (Dr Prashant N Samberkar) - Malaysiakini, 6/3/2009, Autopsy reports: 8 glaring differences

Kugan Ananthan: Starved, Beaten, Burnt..to Death in Police Custody?

Well, it has now been shown that Kugan Ananthan, the Malaysian police detainee, was a victim of torture. He died in custody on 20th January 2009.

Kugan, 22, who was detained on Jan 15 at the Taipan police station in Subang Jaya on suspicion of being involved in the theft of luxury cars in Sungai Chua, Kajang, died while being questioned on Jan 20. - Malaysiakini, 27/1/2009 Police warn against Kugan funeral procession

An independent post-mortem report has revealed that deceased 22-year-old police detainee Kugan Ananthan had endured severe beatings and was also starved during his incarceration.

MCPX

The post-mortem conducted by a Universiti Hospital pathologist who was commissioned by the deceased's family found that the car theft suspect had died of kidney failure due to the assault.

The beatings had caused a breakdown in Kugan's muscle cells which then congested the blood flow and resulted in kidney failure.

The findings were revealed by the family's lawyer N Surendran at a press conference held in the PKR headquarters in Tropicana this afternoon.

"As opposed to the past statement given by the police and the first post-mortem report (which stated that Kugan died of fluid accumulation in his lungs), the second report shows that he had died of acute renal failure due to rhabdomyolysis.

"Which is to say that he died due to the muscle cells disintegrating into his bloodstream and absorbed by the kidney which resulted in kidney failure and death," said the lawyer.

'Burnt with extremely heated iron bar'

Showing pictorial evidence to reporters, Surendran said graphic photos taken from the post-mortem report showed that Kugan suffered from massive internal bleeding due to repeated beatings.

"Kugan had hemorrhage in many of his internal organs, his heart, left lung, spleen, kidneys, back of his neck, spine area and the sole of his feet which shows that he took consistent beatings," he added.

Kugan also suffered from internal bleeding in the scalp area following repeated beatings with a blunt object.

The post-mortem report also stated that Kugan sustained more than 10 severe burn wounds on his back "probably as a result of being burnt by an extremely heated V-shaped iron bar."

"Almost the entire part of his back is covered with contusions, beating marks and bruises," said Surendran, adding that the report also indicated that Kugan "was starved during the entire time he was tortured."

"In brief, it appears that Kugan was severely tortured over period of days and the kind of pain he had suffered is unimaginable.

"One could only imagine what was going through this young man's mind (during the torture). Perhaps, he had wanted to die (to escape the torture), we wouldn't know," he said.

Procedural exclusion in first post-mortem

Another baffling point, said Surendran, is the fact that the second post-mortem report indicated that no examination below the heart area of Kugan's body was conducted during the first post-mortem.

Surendran said this was puzzling as it is compulsory for any pathologist to conduct a complete check-up.

The independent post-mortem report was commissioned by Kugan's family after they were dissatisfied with the first report tendered by Serdang Hospital.

Kugan had died on Jan 20 at the Taipan police station in Subang Jaya, five days after he was arrested in connection with the theft of luxury cars.

Meanwhile, Surendran said the second post-mortem conducted by Dr Prashant N Samberkar from the UniversitI Malaya Medical Centre is not just an investigation into the death of an individual.

"This is a damning indictment on the Malaysian police force. I hope the police will hang their heads in shame, institute thorough reforms and stop placing obstacles in the implementation of the Independent Police Complaints and Misconduct Commission (IPCMC)," he stressed.

Report to be submitted to AG tomorrow

Teluk Intan DAP parliamentarian M Manogaran, who was also present at the press conference, said he and other Pakatan Rakyat leaders will submit the post-mortem report to the Attorney-General's Chambers in Putrajaya tomorrow.

"The AG (Abdul Gani Patail) is duty-bound to act on this report and what Malaysians, in particular Kugan's family, want is that whoever is responsible for his death be brought to court and answer charges for murder," he said.

According to Kapar MP S Manickavasagam, from the year 2000 to 2008, there have been more than 80 cases of reported deaths in police custody but nothing has been done to address this.

He also claimed that more than seven police officers are involved in Kugan's case.

Another DAP leader present, Puchong MP Gobind Singh Deo said the report should give the AG sufficient evidence to act swiftly on the matter.

He also said this incident shows the importance of having an independent post-mortem report done for custodial death cases.

The case was initially classified as sudden death but following the emergence of a video clip which revealed severe lacerations on the deceased's body and sparked off public outrage, the AG reclassified the case as murder.

Other leaders present at the press conference were PAS Kota Raja MP Dr Siti Maria Mahmud, PKR secretary general Salahuddin Hashim and watchdog group Police Watch director S Jayathas- Malaysiakini, 4/3/2009,Post-mortem: Kugan 'starved and beaten' to death

Read full autopsy report l 12 pages

Malaysia: Death Penalty News (16-17 February 2009)

Malaysia

Johor Baru

16 February 2009

Taxi driver sentenced to death for drug trafficking

A part time taxi driver was sentenced to death by a High Court after he was found guilty of trafficking drugs.

Romi Amora Amir, 38, from Larkin Jaya, had been charged on Aug 5 in 2005 with trafficking in 466.4g of cannabis on July 24, 2005 at around 4.20am in front of Kedai Wah Seng and Cold Storage along Jalan Tebrau in Kim Teng Park.

Romi Amora also faced a separate charge of possessing 0.7g of cannabis.

During the trial, the prosecution told the court that police had found the 466.g of drugs under the driver’s seat of the taxi Romi Amora had been driving.

Deputy public prosecutor Laila Lateh also told the court that police had found the 0.7g of cannabis in Romi Amoras right side pant pocket upon inspection.

Romi Amora, who was represented by defence counsel Sukhaimi Mashud denied both charges and claimed he had no knowledge of the drugs found in the taxi.

He told the court that the drugs could have been left in the taxi by four passengers he had carried just prior to being arrested by the police.

Romi Amora also said that the taxi was borrowed from his friend, and that it was possible that his friend’s wife, who owned the taxi, had placed the drugs there.

The accused also denied that any drugs had been found in his pocket and claimed that the police had actually found all the drugs only in the taxi.

In his mitigation, Romi Amora pleaded to the court for mercy and said that he had three children and that his father had passed away.

High Court Judicial Commissioner Datuk Mohd Zawawi Salleh ruled that the defence had failed to cast doubt on the prosecution’s case.

He said that it was not reasonable to believe that a wife would plant drugs in the taxi to get her husband in trouble, as alleged by the suspect.

He also pointed out that in the trial, it had been established that the couple had a good relationship and that it was illogical for the passengers to leave drugs with a high street value in a stranger’s taxi.

On the drugs found in the suspects pant pocket, Mohd Zawawi ruled that the police had no motive to create the story.

(Source: Star - Malaysia)
*****************************************************************************************************************************************************************************************

Putrajaya

17 February 2009

Death Row duo want to get it over quickly

Two men on Death Row declared yesterday they would not be seeking clemency from the Pardons Board.

Debt collector G. Krishna Rao and brother-in-law, ex-cop M. Rajendran, said the 10-year appeal process had taken its toll on them and they preferred to be hanged soon.

They said this moments after the Federal Court reaffirmed the death sentence on the two men for the murder of four people in Ipoh 11 years ago.

"The long wait has affected me, my family and other relatives," Krishna Rao, 39, told the New Straits Times.

Rajendran, 43, said being on Death Row had sapped him mentally and emotionally.

"I cannot bear living in solitary confinement anymore," he said.

Rajendran was married to Krishna Rao's sister.

Lawyer Malik Imtiaz Sarwar, who appeared for Rajendran, and Ahmad Nizam Mohamed, who represented Krishna Rao, said they would meet their clients in Kajang prison in a day or two to take instructions.

The lawyers could make representation to the board to consider commuting their clients' death penalty to jail sentences.

Krishna Rao, Rajendran and goldsmith K. Kumaresan, then 24, were jointly charged with the murders of S. Veeramah, 48, her son N. Sathian, 15, and Indonesian maid Juriyah @ Sariyah, 35.

The offences were committed at a house in Taman Seri Dermawan, Bercham, between 6.30pm on March 12, 1998 and 11.45pm the following day.

They were also charged with the murder of part-time watchman M. Balakrishnan 52, at Malligah Jewellers in Jalan Lahat, during the same date and time frame in March 1998.

Kumaresan was acquitted without his defence being called.

In August 1999, High Court Judge Datuk Kang Hwee Ghee sentenced Krishna Rao to death after he opted to remain silent. Rajendran received the same sentence after giving evidence under oath.

In Jan 2007, the Court of Appeal dismissed their appeals.

Yesterday, Federal Court judge Tan Sri Richard Malanjum, who delivered the unanimous ruling, said there was no miscarriage of justice in the concurrent finding of facts by the High Court and the Court of Appeal.

Malanjum, who sat with Datuk Nik Hashim Nik Abdul Rahman and Datuk Hashim Yusof, said evidence by a consultant forensic pathologist revealed the four were murdered in a brutal manner as they suffered multiple stab wounds.

Malanjum said the trial judge was correct in admitting as evidence the information by Krishna Rao which lead to the discovery of Balakrishnan's body and that of Rajendran, who hid the stolen jewellery in Ulu Kinta.

He said the prosecution had proved that the two had common intention to commit the crimes.

(Source: New Straits Times - Malaysia)

MALAYSIA: End Preventative Detention, Investigate Abuses

Malaysia: UN Review Should Challenge Rights Record

End Preventative Detention, Investigate Abuses

February 9, 2009

(Geneva) - United Nations member states should raise concerns about arbitrary and preventive detention and abuses against migrants, refugees, and asylum seekers at the upcoming review of Malaysia's human rights record, Human Rights Watch said today. Malaysia will undergo its first Universal Periodic Review (UPR) on February 11, 2009, at the Human Rights Council in Geneva. Under the process, the rights record of each member state will be reviewed once every four years.

"A long, hard look at Malaysia's performance on fundamental human rights, including its detention practices, is in order," said Elaine Pearson, deputy Asia director at Human Rights Watch. "Countries should call Malaysia to account for failing to address abuses against migrants and refugees, and for its continuing use of preventative detention."

Under Malaysia's draconian Internal Security Act (ISA), anyone deemed to be a threat to national security can be detained indefinitely without charge or trial, violating international due process standards. In its submission for the human rights review, Malaysia characterizes the ISA as "essential to peace, stability, and security" and describes the procedures under which a detained person can challenge the detention.

But Malaysia's reliance on the ISA violates a number of international human rights standards, including the right to be free from arbitrary detention, the rights to due process and to a fair trial, and the rights to freedom of speech and expression. While an advisory board reviews all ISA detentions, its recommendations are not binding. The detainees have no avenues of redress as the courts are not permitted to review a case on its merits. Permitted appeals on procedural grounds routinely fail.

On September 12, 2008, the Malaysian government arrested two journalists and an opposition politician under the ISA. All have since been released. But one of the journalists, Raja Petra Lamarudin, founder and editor of Malaysia Today, Malaysia's most popular website, is now on trial for sedition. In December 2007, five leaders of the Hindu Rights Action Force (Hindraf) were charged under ISA after the organization staged a demonstration to draw attention to education and economic policies that discriminate against Malaysia's Indian population. These five remain in detention.

"Malaysia uses the pretext of national security to invoke the ISA and lock up critics and political opponents indefinitely," Pearson said. "UN member states should challenge Malaysia to repeal the ISA, and either to charge or to free all those currently detained under its provisions."

In its report to the Human Rights Council, Malaysia fails to address the problems faced by migrant workers, but suggests that a Malaysia-Indonesia Memorandum of Understanding provides necessary protection. Human Rights Watch has long documented abuses suffered by domestic workers - physical abuse, unpaid wages, excessively long working hours, and lack of rest days. The memorandum with Indonesia still fails to establish minimum labor protections or to guarantee the rights of domestic workers to hold their own passports, which sometimes are confiscated by employers to maintain control over an employee.

Human Rights Watch said that UN member states should especially raise concerns about Malaysia's failure to address abuses by the People's Voluntary Corps (Ikatan Relawan Rakyat or RELA), the government-backed force that apprehends irregular migrants and provides security for Malaysia's immigration detention centers. In 2008, Human Rights Watch documented a pattern of abuse by members of RELA, including physical assault, intimidation, threats, humiliating treatment, forced entry into living quarters, extortion, and theft perpetrated against migrants, asylum seekers and refugees (http://www.hrw.org/en/news/2009/02/04/universal-periodic-review-malaysia).

One detained migrant told Human Rights Watch how RELA members treated them "like animals" and would punch and kick detainees for no apparent reason. Another migrant described a beating by RELA officers that left him so sore that he could not walk for days. The government consistently denies that abuses by RELA are widespread, and instead of disbanding RELA, wants to upgrade it into a fully-fledged enforcement agency.

Regarding human trafficking, Malaysia's submission to the Human Rights Council points to the state's new anti-trafficking law, shelters for trafficking victims, and awareness campaigns to prevent trafficking. But Malaysia has failed to investigate allegations of collusion between Malaysian immigration officers and trafficking gangs on the Malay-Thai border, dismissing such reports as "wild accusations." In 2008, Burmese migrants told Human Rights Watch of being sold to criminal gangs, who charged those with money to smuggle them back into Malaysia and trafficked those who could not pay.

"RELA officers have beaten, tortured, and extorted money from migrants, but instead of punishing them, the government wants to reward their bad behavior by giving them more powers," said Pearson. "In reviewing Malaysia's record, states should be asking why Malaysia won't conduct impartial investigations into the involvement of RELA and immigration officers in abuses against migrants."

Malaysia has not signed major international human rights treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention Relating to the Status of Refugees and its optional protocol, and the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Malaysian government has repeatedly stated that the Universal Declaration of Human Rights will only be given effect where it is compatible with Malaysia's constitution.

Another man beaten in police cusotody

Another report of a person being beaten up in police custody..

"...The initial doctor's report confirmed the man had bruises in the areas he claimed he was hit...."

And the police is sending the man for a second medical examination - and we wonder why they have to wait until JUNE for the results.

Sadly, no indication of any suspects, arrests, etc....or will that all happen after the results of the 2nd medical examination in June...

A speedy investigation is what we need for all these cases - and the alleged perpetrators must be investigated now...not later.

Can be look at the CCTV recordings in the police station, so that we can get clear evidence of the alleged torture... oops that may not be possible because the CCTV in police stations do not have recording capabilities...mmm

KUALA LUMPUR: A 30-year-old man has lodged a report claiming he was abused by four policemen while in custody, less than a week after the death of A. Kugan.

The incident was alleged to have taken place while the man, a suspect in several robberies, was being held in remand at the Negri Sembilan police headquarters between Jan 22 and 26.

Negri Sembilan police chief Datuk Osman Salleh said the man claimed to be sick and asked to be taken to hospital five days ago.

"We escorted him to the Tuanku Ja'afar Hospital where he lodged a police report at the beat base there," he said at the Titiwangsa Police Golf Course here yesterday. The man claimed he had been hit on the neck, hands and legs.

The alleged abuse came just days after the Jan 20 death of Kugan, a suspected member of a car theft syndicate, while being interrogated at the USJ8 police station in Subang Jaya.
A post-mortem report stated Kugan died of fluid in the lungs but a second post-mortem has since been performed. Police are awaiting the results of this examination before submitting the investigation papers to Attorney-General Tan Sri Abdul Gani Patail, who had classified the case as murder.

Eleven policemen from the station were transferred to the Selangor police headquarters and put on desk duty pending the results of the investigation.

On the report in Seremban, Osman said police sent the alleged victim for a full medical check-up. The initial doctor's report confirmed the man had bruises in the areas he claimed he was hit.

He said police had requested a second medical examination to determine if the bruises were sustained recently. "We will have to wait until June to get the report."

Osman said the man had also told police that he was involved in an accident two years ago and had sustained injuries to his neck and leg.

He was released on police bail on Wednesday pending investigations.

Osman said police would investigate the allegations thoroughly and take action against the four policemen if they had abused the man.- New Straits Times, 1/2/2009, Cops hit me, robbery suspect claims

Kugan's Death in Police Custody :- ALIRAN Media Statement 23/1/2009

No end to deaths under police custody?

Friday, 23 January 2009 18:14

Reading of the recent death under police custody, we are bewildered and have to pose this question to our Prime Minister, “Will there be no end to this?” Why are there so many deaths under police custody? And why do these corpses bear marks of police brutality? Do we have professional personnel or sadists interrogating suspects? Do we really get to the truth or force confessions out of these unfortunate suspects through coercion and brutal means? The 22-year-old Kugan Ananthan, who it was claimed collapsed during interrogation and subsequently died, had markings all over his body which clearly establishes that he had been subjected to torture and inhuman treatment while under custody. Who inflicted these injuries and why was this necessary? Instead of addressing this issue, the police seem to be after those who managed to obtain this evidence to expose the horrors that take place in police stations. What has happened is not an isolated case. Apparently, they take place on a regular basis. Why is this so? We need answers. Can the Inspector of Police go public to provide the answers? He is duty-bound to respond to this challenge. We have had another incident that took place last month involving two Malaysians, B Parabakar and C Solomon. According to Parabakar, “he was tortured in various ways by 11 policemen” for failing “ to provide the police with any information”. These are not professional policemen but goons in police uniforms who resort to barbaric antics to coerce suspects to confess. In this case they poured boiling hot water on them. Parabakar was terribly scalded. We need to ask the IGP whether suspects are human beings? Do they have their rights? Are they entitled to their human rights? Do they lose their human dignity the moment they are detained? Aliran calls on the Prime Minister to set up a Commission of Inquiry to look into the police conduct when they interrogate suspects. This is the only way to get to the truth. Internal inquiries by the police do not command the public’s respect or confidence. P Ramakrishnan President, ALIRAN

Kugan's Death in Police Custody :- Malaysian Bar Media Statement 23/1/2009

Once again we are appalled and shocked that yet another young man has died in police custody. The death of 22-year old A. Kugan occurred in highly suspicious circumstances that raise very alarming questions about the treatment of detainees in police custody and the methods of interrogation used. The question on everyone’s mind is how a young man, who was apparently in good health, died while under police care just five days after being arrested.

Disturbing and explicit photographs and video footage of the deceased individual are now available in the public domain. They reveal shockingly severe, inexplicable injuries on his body, which appear to be consistent with physical restraint and torture. The onus is squarely on the police, who had custody of the individual, to immediately explain the circumstances of his sudden death.

The Bar Council calls for prompt and serious action by the authorities, including an immediate, impartial, transparent and thorough investigation into this custodial death, preferably by an independent committee.
In this regard we welcome the Attorney-General’s announcement that he is treating this case as one of murder, and the Inspector-General of Police’s statement that there will be no cover-up.

We trust that undue attention will not be given to the incident at the mortuary. It reflected the reactions of persons who were understandably outraged and emotional about A. Kugan’s sudden and unexplained death. It also sadly reflects their lack of faith in the system and the authorities to uncover the truth in a transparent and unbiased manner. This view prevails because none of the perpetrators of similar acts in the past have been brought to book.

This is not the first custodial death in recent years and our fear is that it will not be the last. Such tragedies bring to the fore, once again, the dire need for an Independent Police Complaints and Misconduct Commission, to function as an independent, external oversight body to investigate complaints about police personnel and to make the police accountable for their conduct.

We also call on the authorities to expedite the ongoing inquests into other custodial deaths. We are deeply concerned that this custodial death will be relegated to a mere statistic, like the others. As a civilised nation, we must not let this happen.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar
23 January 2009

Another Death in Custody - Taipan police station in USJ

And another death in police custody...

The distraughted family of a 22-year-old man who died in police custody yesterday lodged a police report this evening allegeding foul play.

Kugan Ananthan, who was detained in connection with several car theft cases, died at the Taipan police station in USJ yesterday morning.

His family today accused the police of killing Kugan while in custody and lodged a report at the Subang Jaya district police headquarters in Seri Kembangan.

The youth was detained by the police on Jan 15 in Kajang for questioning regarding several car theft incidences in the Subang Jaya district.

Kugan was subsequently held at the Puchong police station under a two-week remand to facilitate investigations.

Selangor police chief Khalid Abu Bakar was reported as saying yesterday that Kugan had died of breathing difficulties.

Photographs and video footages of Kugan taken yesterday at the mortuary however revealed severe marks on his body. There were also deep cuts in his wrists and blood was oozing from his nose and mouth.

MIC Youth members show support

Four family members of Kugan filed the police report today and they were joined by lawyers, human rights activists and several politicians from both Barisan Nasional and Pakatan Rakyat.

Among them were PKR's Kapar MP S Manikavasagam, DAP's Puchong MP Gobind Singh and Teluk Intan's DAP MP M Manoharan.

Also present was a group of MIC Youth members led by its head T Mohan. Hindraf representative, led by S Jayathas, were also there.

Some 80 people had also gathered at the police station to show their anger over Kugan's death.

They held up banners with pictures of the deceased, showing the injuries he sustained while in police custody.

Some of the banners read: "Police are licensed killers", "Police are killing Indians" and "Police are thirsty for Indian blood" in both Malay and English. They also briefly chanted slogans demanding a probe into Kugan's death.

Heavy police presence

Talking to reporters later, Kugan's family members said that the deceased did not suffer from asthma and could not have died from breathing difficulties as claimed by the police.

Manikavasagam and Gobind added that the police were attempting to cover up the death and that there should be a full and open investigation by the Home Ministry, which oversees the police department.

Manikavasagam also said that he would organise rallies to protest against the police.

The crowd then dispersed peacefully after gathering for about 30 minutes.

There was a heavy police presence outside of the station while the police report was being lodged.

Eight Federal Reserve Unit (FRU) vehicles were parked within sight of the police station.

Yesterday Khalid told reporters that Kugan had asked for a glass of water during interrogation and upon drinking the water, he collapsed and lost consciousness.

"A doctor from a clinic nearby who was summoned to examine the man, and later confirmed that he had died," he had said.

The state police chief also said that a thorough probe would be conducted on the matter and asked people not to speculate on the cause of death.
- Malaysiakini, 21/1/2009, Dead man's family lodges report

Another 'shoot to kill' incident - and 3 got killed.

Yet another 'shoot to kill' incident...

Why do we not hear about persons being shot in the leg and arrested...

The call to stop these 'shoot to kill' incidents must be renewed...

Police shot dead three members of the Ronal Gang including the mastermind, responsible for more than 50 house break-in cases in seven states, this morning.

The gang, comprising Indonesians, had been operating the past two years, constantly evading police detection by entering and exiting Malaysia through the proper channels - New Straits Times, 19/1/2009 - Three shot dead, Ronal Gang crippled

How easy to make such allegations after you have shot them dead - and having no need anymore to proof in court with real evidence the truth of these allegation.

How will we ever know that the 3 were members of some gang - and were responsible for 50 house breaks. Do we trust out Malaysian police? I do not - and we really must put in place some 'tribunal', which would :- determine that there was no criminality on the part of the police in the acts that resulted the death of 3, and maybe also determine whether it is true that these persons killed were indeed 'bad guys' who had committed serious crimes...

We cannot just let the police get away with killing persons - and then justifying it with all kinds of allegations.

If there is death in custody - we have an inquest - an inquiry into the death to determine what happened and whether there was any person criminally liable for the deaths...

Maybe, we should also be having similar inquests or inquiries into all 'shoot to kill' inciidents.

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