MADPET(26/6/2009):Make Malaysia Torture-Free - Ratify Convention on Torture, Set Up the IPCMC

MEDIA STATEMENT – 26/6/2009

Make Malaysia Torture-Free

- Ratify Convention on Torture, Set Up the IPCMC -

MADPET (Malaysians Against Death Penalty and Torture), on the occasion of the International Day against Torture, that falls on 26 June 2009, noting that Malaysia still has a deploring record of reported incidences of torture and deaths in custody, reiterates the call for Malaysian to immediately ratify the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to immediately establish the Independent Police Complaints and Misconduct Commission (IPCMC) and implement all the recommendations of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police, and do all other things necessary to make Malaysia torture-free.

Torture, as defined by The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, is ‘…any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity…’

Whilst acknowledging that there are many forms of torture perpetrated by different parties, we focus our attention in this statement to torture and deaths in police custody. The denial of healthcare and medication, as seen in the case of Lourdes Mary, the diabetic that collapsed in court with swollen leg by reason after not being given her insulin whilst detained in the police lock-up (Malaysiakini-24/10/2008,Star- 24/10/2008), is also torture.

With regard to deaths in police custody, it is indeed shocking that that over the years, the numbers have been increasing, and not decreasing.

Relying merely on data provided by the government, it has been disclosed that there have been 150 deaths from 1990 until 2004 (10.7 per year), 108 deaths between 2000 and 2006 (18 per year), and, 85 deaths between 2003 and 2007 (21.25 per year).

In Malaysia "...from 1990 till September last year [2004], a total of 1,583 deaths among prisoners were recorded in 28 prisons nationwide, with the highest number in 2003 when 279 inmates died. During the same period, 150 detainees died in police lock-ups or custody…" - Malaysiakini, 7/2/2005

‘…Prime Minister Abdullah Ahmad Badawi today revealed that 108 deaths occurred during police custody between 2000 and 2006…’ – Malaysiakini, 23/4/2007

‘…There were 85 deaths recorded in police lock-ups during the 2003-2007…’ -Bernama, 8/7/2008.

The Malaysian police’s tendency to lie, which is exemplified in the case when the Inspector General of Police physically assaulted handcuffed and blindfolded Anwar Ibrahim, hat resulted in that infamous black eye, must end. Initial reaction of the police was denial, and the then Prime Minister even went so far as to suggest the possibility that the ‘black-eye’ was self-inflicted. Much later, it was proven that it was the head of police himself that tortured the detainee.

In the case of 22 year old Kugan Ananthan, who died on 20/1/2008 at the USJ Taipan police station, The police requested a post-mortem, and it concluded that Kugan died from fluid accumulation in his lungs. Dissatisfied with the results, Kugan's family requested a second post-mortem, which was done by the University Malaya Medical Centre's (UMMC) pathologist, Dr Prashant N Samberkar, who gave the provisional cause of death (pending toxicology) as acute renal failure due to rhbdomyolysis due to blunt trauma to skeletal muscles. But, before the specimens could be sent for toxicology tests, they were confiscated by the police from the pathologist. Photos taken from the second post-mortem report showed that Kugan suffered from massive internal bleeding due to repeated beatings. There were also burnt marks on the body of the victim (Malaysiakini, 4/3/2009, 8/4/2009).

Pathologists/doctors and public servants must act in the interest of justice and truth, and stop coming out with reports that is meant to ‘protect’ the police, that is reports that gives the impression that death was caused by reasons other than police actions and/or omissions.

In another reported case , 53 year old, A. Gnanapragasam, a wireman who was arrested on June 10, and died a few days later in police custody. The widow, M. Manimatalai, 40, said she suspected foul play as when she last met him on Friday, he had a bruise on his right eye. “I saw that he had a black eye. I was also informed that when he was brought before a Petaling Jaya magistrate for a remand order, he had apparently told the magistrate that he was being beaten and mistreated by the police while in custody,” said the saleswoman and mother of six. (Star, 15/6/2009). This case also highlights our concern about the indifference of some magistrates and courts to complaints of police brutality.

In terms of torture, there have been too many incidences of torture in Malaysia, and some examples are as follows:-

* the case of a 27-year-old man and 18-year-old teenager being allegedly scalded with hot water at the Brickfields police district headquarters in December 2008 (Malaysiakini, 15/1/2009),

* A current Member of Parliament, a lawyer and a lay person accidentally “… saw a detainee being tortured by policemen at the Banting police headquarters last Friday. They claimed that the man, in his 20s, was gagged with white tape and his hands bound behind his back… the abuse had taken place during interrogation in a CID room…” (Malay Mail, 9/11/2005)

* When 2 female detainees were allegedly raped by police officers at the Ampang police Lock-up (Malay Mail, Tuesday, March 12, 2002, Star, Tuesday, March 14, 2002)

• Complaints from a trailer driver who was allegedly forced to drink his own urine and had crushed chilli padi rubbed on his private part while under detention at the Jasin police lock-up (Star, Friday, February, 1, 2002)

Getting suspects to confess was perceived as the main reason behind torture in police custody, but Malaysia has amended the Criminal Procedure Code that does not allow the prosecution to use anymore statements made by accused during the course of a police investigation. Despite, the fact that this law has been in force since 7/9/2007, we note sadly that there are still allegations of police torturing persons in their custody.

The police have apparently also installed close-circuit television (CCTV) systems in police stations, but alas without recording capabilities, it is not of much use. MADPET calls for CCTV with audio/video recording capabilities to be installed at all police stations and other places to help end torture by the police. In Hong Kong, as a matter of right, copies of video recordings of the accused in police custody is given to the lawyer to prove that there was no torture and that all was done in accordance with the law. Malaysia should emulate this.

MADPET reiterates its call for a torture-free Malaysia

Charles Hector

for Malaysians Against Death Penalty and Torture (MADPET)

26th June 2009

Death in Police Custody - he told the Majistrate he was beaten by police...

Another suspect 'killed' or just died in police custody at Petaling Jaya's Damansara Police Station...

The victim had allegedly complained to the Majistrate that the police had beaten him - and what did the Magistrate do? Just record it in his/her notebook - or just pretended to do so. Did the Magistrate ask questions of the victim to get details of the police officers that beat him up, or just did not care? Did the magistrate initiate an investigation - after all would this not have been a complaint to the Magistrate - and the Magistrate could heve done something ....

After the victim with an 'obvious bruised eye', who had made complaints about being beaten by police, what was done? Did the Magistrate order that the victim be sent to the hospital?? [Or not, .....and if not, this death may have been by reason of the negligence of the Magistrate..?]

The man is dead - but why is the police trying to paint a bad picture of the man. Maybe, they are just covering their backs... I say that killing a man is wrong, and it matters not whether he was a good bad or the worst of criminals.

In this case, he is but a suspect ---- and hence the presumption of innocence until proven guilty applies,

'Sudden Death" - what is this? This is what the police have apparently clarified this death. Someone hits you and you die - is that sudden death? Someone beat you, you faint (sleeping beside toilet?), and you die without waking up - is this sudden death?

When met at the mortuary, the wife of the dead man, M. Manimatalai, 40, said she suspected foul play as when she last met him on Friday, he had a bruise on his right eye.

“I saw that he had a black eye. I was also informed that when he was brought before a Petaling Jaya magistrate for a remand order, he had apparently told the magistrate that he was being beaten and mistreated by the police while in custody,” said the saleswoman and mother of six.

CCTV - yes, today, all police lock-ups are monitored by 24-hour CCTV cameras, and the police personnel in charge of the lock-ups sit in front of the monitors monitoring what is happening in all the lock-ups. There is also CCTV monitoring in other parts of the Police Stations. [Unfortunately, they, 'the police', are smart - for these CCTV does not have recording capacity - and so we will, most likely, not be able to re-wind the tape and see some passed out victim (after being beaten by police) being returned and placed beside the toilet...] Is the toilet in the lock-up cell? After all, who sleeps beside the toilet?

A suspected thief was found dead in a police lock-up after a guard noticed the 53-year-old man lying flat beside the toilet.

The deceased has been identified as A. Gnanapragasam, a wireman who was arrested on June 10 for allegedly breaking into a house in Sungai Buloh in the early hours of the morning.

Petaling Jaya OCPD Asst Comm Arjunaidi Mohamed said the deceased, whose body was found at around 8.05am yesterday, had been placed in a lock-up with four others at the Damansara police station.

The guard, he said, had immediately called the ambulance.

“Initial investigations have ruled out foul play as there were no visible marks or bruises on his body.

“But we will wait for the post mortem results from the Universiti Malaya Medical Centre before determining the cause of death,” he told reporters at the Petaling Jaya police station.

ACP Arjunaidi added that the deceased, who was from Jalan

Ipoh in Kuala Lumpur, had nine criminal records, mostly involving drug-related offences, and had previously been detained at the Simpang Renggam detention centre.

It is learnt that the remand order on Gnanapragasam, who was being investigated under Section 457 of the Penal Code for breaking-in and theft, was expected to end yesterday.

However, ACP Arjunaindi de-clined to reveal if the suspect was to be charged or released or have his remand extended.

Police had interrogated his cellmates, who all claimed to be sleeping at that time.

When met at the mortuary, the wife of the dead man, M. Manimatalai, 40, said she suspected foul play as when she last met him on Friday, he had a bruise on his right eye.

“I saw that he had a black eye. I was also informed that when he was brought before a Petaling Jaya magistrate for a remand order, he had apparently told the magistrate that he was being beaten and mistreated by the police while in custody,” said the saleswoman and mother of six.

However, ACP Arjunaidi urged all parties not to speculate on the case and allow the police to conduct a thorough investigation.

The case is classified as sudden death. - Star, 15/6/2009, Suspected thief found dead in police lock-up

113 geoups say "DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE" - 2 migrants dead of Leptospirosis

Joint Statement - 23/5/2009

DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We, the undersigned, are alarmed to hear that Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, have died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis. This is disease that is usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. The fact, that 2 persons are dead and others have been infected by this disease, again highlights the state of hygiene, cleanliness and healthcare at Malaysian Detention Centres.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’]. Now, Sa La Hin and Thang Hoih Ping may just be the latest additions to that list of detainees that died due to similar reasons.

We also recall the words of SUHAKAM in their response to the Asian Human Rights Commission (AHRC) dated 13/1/2009, that correctly stated that ‘…SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life….’

These deaths may have been avoided if medical attention was provided promptly, and we call for an independent public inquiry to determine whether there was such negligence on the part of the Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps), and the Immigration officers, who are currently responsible for Immigration Detention Centres in Malaysia.

We do appreciate the fact that the Director General of Immigration has now decided that ‘cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases’ (Bernama, 19/5/2009, Cleanliness, Hygiene at Immigration Depot to Be Stepped Up).

We hope that this is not merely a knee-jerk response, which is temporary in nature, but a new and permanent commitment by Malaysia to improve standards and conditions of Detention Centres and other places of detention.

The current once a week visit by a medical officer to the Detention Centres is certainly inadequate. There should be, at the very least, a permanent clinic/dispensary manned by a medical assistant, with a doctor visiting detainees for several hours at least once every two days or more frequently.

New users of the Detention facility should also be determined free from easily transmittable diseases like Tuberculosis and the A(H1N1) flu before being introduced to the general population of detention places.

There should also be regular visits by the Health Officer, who shall monitor the conditions, including of the living and sleeping environment, of the Detention Centre to ensure that it meets the highest standards of hygiene and cleanliness.

The foods, and all aspects of food preparation, also need to be monitored by the Health Department especially since there is a possibility that the fault in the recent deaths could be the current caterer of food and drink.

With regard to those who have died, we are of the opinion that their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants and/or the RELA volunteers, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia.

We are also call upon the Ministry of Health and the government of Malaysia to take necessary steps to ensure that proper steps be taken to ensure that such disregard for life does not happen again.

We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers.

Charles Hector
Pranom Somwong

For and on behalf of the 113 organizations/groups listed below:-

Action for Health Initiatives (ACHIEVE), Inc, Philippines
Action Network for Migrants (ANM), Thailand
All Women's Action Society (AWAM), Malaysia
Alternative ASEAN Network on Burma
Asia Pacific Forum on Women Law and Development (APWLD)
Asia Pacific Mission for Migrants (APMM), Hong Kong
Asia-Pacific Solidarity Coalition (APSOC)
Asia Pacific Workers Solidarity Link (APWSL), Korea
Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK)
Assistance Association for Political Prisoners (Burma)-AAPP
Bahrain Center for Human Rights
Bar Council Human Rights Committee, Malaysia
Bar Council's Legal Aid Centre, Malaysia
BAYAN USA
Building and Wood Workers International, Asia Pacific Regional Office
Burma Campaign Australia
Burma Campaign, Malaysia
Burma Campaign UK
Burma Centre Delhi (BCD)
Burma's Nationalities Association (BNA)- Norway
Burma Partnership
Cambodian Women's Crisis Center
Canadian Friends of Burma (CFOB)
CDS (Community Development Services), Sri Lanka
Center for Migrant Advocacy, Philippines
Center for Orang Asli Concerns (COAC), Malaysia
Centre for Public Policy Studies (CPPS), Malaysia
Chin Human Rights Organization
Civil Society Committee of LLG Cultural Development Centre (LLGCSC)
Columban Center for Advocacy and Outreach (USA)
Commission For Filipino Migrant Workers (CFMW) - The Netherlands
Committee for Asian Women (CAW)
Coordination of Action Research on AIDS & Mobility (CARAM -Asia)
Democratic Party for a New Society (DPNS), Burma
Development Action for Women Network (DAWN), Philippines
Empower Foundation, Thailand
Ethnic Nationalities Council
FIDH - International Federation for Human Rights
Filipino Migrant Workers' Union - Hong Kong (FMWU)
Forum for Democracy in Burma
Foundation for Education and Development (Formerly, Grassroots HRE (Burma)
Free Burma Coalition - Philippines (FBC-Phils)
Free Burma Campaign, South Africa
Friends of Burma, Malaysia
Global Alliance Against Traffic in Women (GAATW)
HAKAM - National Human Rights Society, Malaysia
Health Equity Initiatives, Malaysia
H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore
Hope Workers’ Center, Taiwan
HRWG - Indonesia's NGO Coalition for International Advocacy
Hsinchu Catholic Diocese Migrants and New Immigrants Service Center, Taiwan
IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia
INFID (International NGO Forum on Indonesian Development)
Initiatives for International Dialogue (IID)
Kachin Women's Association Thailand
KAFIN Migrant Center, Japan
KAFIN - Saitama, Japan
Kayan National Development Foundation (KNDF)
Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia
Labornet Korea
Labour Resource Centre, Malaysia
Legal Support for Children and Women (LSCW), Cambodia
LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan
MADPET (Malaysians against Death Penalty and Torture)
Malaysian Trade Union Congress (MTUC)
Mekong Migration Network (MMN)
Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat
Migrant Forum in Asia (MFA)
MIGRANTE Europe
MIGRANTE Middle East
MIGRANTE International
MIGRANTE - Nagoya
MIGRANTE - UAE
Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI)
Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)
National Democratic Party for Human Rights(NDPHR)(exile),SEA Regional Office
National League for Democracy [NLD (LA)], Malaysia
National Institute for Electoral Integrity (NIEI), Malaysia
National Network for Immigrant and Refugee Rights, U.S.
Network for Democracy and Development, Thailand
Network of Action for Migrants in Malaysia (NAMM)
New Zealand Burma Support Group
NY Committee for Human Rights in the Philippines
OKUP (Ovibashi Karmi Unnayan Program), Bangladesh
Osan Migrant Workers Center in South Korea
Palaung State Liberation Front (PSLF)
Parti Keadilan Rakyat (PKR)
Parti Rakyat Malaysia (PRM)
Peoples Service Organization (PSO), Malaysia
Persatuan Kesedaran Komuniti Selangot (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Persatuan Sahabat Wanita, Selangor
Platform of Filipino Migrant Organisations in Europe - The Netherlands
POURAKHI, Nepal
Pusat KOMAS, Malaysia
Raks Thai Foundation, Thailand
Rohingya Youth Development Forum (RYDF), Malaysia
Shan Refugee Organization Malaysia (SRO)
Shan Women's Action Network (SWAN)
Shwe Gas Movement
St. John's Cathedral HIV Education Centre, Hong Kong
Suara Rakyat Malaysia (SUARAM)
Tenaganita, Malaysia
The Foundation for the Health and Knowledge of Ethnic Labour (MAP)
The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters
The Micah Mandate
Transient Workers Count Too, Singapore
United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)
U.S. Campaign for Burma
WARBE Development Foundation - Bangladesh
Women's Aid Organisation (WAO), Malaysia
Women's League of Burma
Workers Hub for Change (WH4C)

Malaysia wants death row man's death sentence to be commuted to life imprisonment

We need to abolish the Death Penalty in Malaysia.

We need to immediately commute all executions in Malaysia - in compliance with the UN General Assembly Resolutions of 2007, and 2008..

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.- see earlier post :- Malaysia executes - hours after passing of 2nd UN Resolution asking for stop of all executions

All death sentences should be commuted to life imprisonment in Malaysia...just like what the Malaysian government is now asking for China to do for a Malaysian.

The Malay-sian Government has sent an appeal to its Chinese counterpart for Ong Kim Fatt, who is on death row in China, to be granted clemency, Deputy Foreign Minister Datuk Lee Chee Leong said.

“We have sent a letter to the Chinese government appealing for Ong’s death sentence to be commuted to life imprisonment,” Lee told a press conference at Wisma MCA yesterday.

He said the Malaysian Embassy there had also been appealing to the Chinese court to reconsider Ong’s death sentence, the first such sentence for a drug offence in China since World War Two.

“We want to remind all Malaysians to respect and abide by the laws of the countries they are travelling to,” he said.

Ong, 44, was found guilty of trafficking 13 packets of heroin weighing 1,480gm at the Xiamen Gao Qi International Airport on Sept 19, 2007.

Earlier last week, MCA Public Services and Complaints Department head Datuk Michael Chong sought the Foreign Ministry’s help to obtain clemency for Ong, who was supposed to face the firing squad in February.

However, the execution was postponed to April 29 to allow him to fulfil his last wish of meeting his siblings.

MCA Bukit Bintang chairman Datuk Dr Lee Chong Meng, who was also at the press conference, said he would accompany Ong’s brothers, Hock Hooi, 38, and Hock Kiang, 41, to China on April 27 to meet Ong and hopefully get his clemency appeal approved.

“I hope that Ong will be given some leniency as I believe that he was used by a drug syndicate. He is not a smart man, and he can be very naive,” Dr Lee said.

He added that it was unlikely Ong had enough money to buy the heroin himself.

Meanwhile, Chong said he had spoken to Interpol’s National Centre Bureau assistant director Supt Gan Tack Guan, who infor-med him that Interpol was still investigating the case.

“Investigations will carry on until they find out who the real culprits are.

“We want the drug syndicate exposed,” he said. - Star, 24/4/2009, Govt asks that death row man be given life sentence instead

I applaud the actions of the Malaysian government, and hope that a similarly all death sentences in Malaysia also be commuted to life imprisonment (or even imprisonment till death naturally).

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