Conspiracy to export monkeys for profit: NGO

Conspiracy to export monkeys for profit: NGO

Bede Hong | Oct 19, 07 7:28pm

A wildlife conservation group wants the Anti-Corruption Agency (ACA) to look into alleged business dealings involving a minister and a former director-general where wild monkeys are being exported for profit. The group said the ACA must investigate Environment Minister Azmi Khalid (photo) and former Department of Wildlife and National Parks DG Musa Nordin, who retired last October, for abuse of power. Malaysian Animal Rights and Welfare Society (Roar) believes that a company linked to the two is the beneficiary of a export programme created under the guise to trim down the population of long-tailed macaques in Peninsular Malaysia. Roar submitted a memorandum to ACA office in Kuala Lumpur today calling for investigation into the matter. Accompanying the group were DAP and PKR officials. Roar consists of Selangor Society for the Prevention of Cruelty Against Animals (SSPCA), Malaysian Animal Assisted Therapy for Disabled Association, PKR and Malaysian Association for Responsible Pet Ownership. Motivated by profit “We are angry that the animals are being exploited by the very ministry tasked to protect them,” Roar pro-tem chairperson N Surendran told a press conference today. Surendran said ACA should investigate whether a recent lifting of the ban on the export of macaques was motivated by profit. In June, against international convention, the Natural Resources and Environment Ministry lifted a 23-year ban on the export of macaques, saying there is an overpopulation of the species. In July, Roar submitted a memorandum to the minister demanding the reinstatement of the ban and a halt on all pending macaque shipments. They also lodged a police report against Azmi and ministry officials for violating Section 92(f) of the Protection of Wildlife Act 1972. The police forwarded the case to the ACA last month, saying it has elements of abuse of power. “We found this very suspicious. All animal rights groups and wildlife experts found it very strange. The question is why the ministry is bent on exporting these monkeys? I will give you the answer right now... money,” said Surendran. “The ministry wants to make money out of it, and the ministry is allowing a private company to make money out of it. The question here is why is the Malaysian environment and natural resources being plundered in order to profit some company,” he said. RM250 for one monkey Surendran referred to a news article published by the Star on Sept 11, where Musa admitted he was “indirectly involved” in the monkey trade. “We have information that the decision to export the monkey when Musa Nordin was still the DG. We have information that there is connection with the company. He has close contacts with the Department of Wildlife. Clearly there was some hanky panky going on there with elements of corruption,” he said. According to Roar, each exported monkey brings in RM250. The macaques are exported, mostly to China, for animal testing and vivisection. Roar alleged that the export contract of over 20,000 monkeys annually was given by the Environment Ministry to a company, Sunny K-9 Sdn Bhd. A check revealed that the company, based in Ipoh, is a dog-training academy. Surendran also disagreed with the Environment Ministry figures that there are over 250,000 monkeys living near urban centres and over 500,000 monkeys living in the jungles. “We question the figures because experts found that it was not possible to calculate the precise number of monkeys through the ministry’s methodology. I feel the figures are grossly over-estimated to justify the lifting of a ban,” said Surendran. Surendran said the ministry should pursue alternative ways to reduce the macaque population including sterilisation, relocation and humane culling.

Death Penalty: Need to find out why people kill (malaysiakini - letter)

Death penalty: Need to find out why people kill

Charles F Moreira Oct 17, 07 4:00pm

I refer to the Malaysiakini letter, Death penalty will not save our little ones. Perhaps the death penalty, which we already have and which will most probably be applied to those convicted of causing Nurin Jazlin Jazimin’s death will not deter such things from happening in the future but Amnesty International's solution, which reads like gobbledegook to me, misses issues of the value systems in our current society leading people to commit such heinous, perverted acts. Rather sociological studies should be done to understand why people do such things, including the stresses and alienation of urban life, acquisitive culture, the influence of pornography through the Internet and pirated DVDs and so on, and action needs to be taken to address these, even though it may mean a whole rethink of our development policy and competitive, capitalist society. Of course, achieving such changes under the present government may be impossible, so perhaps we need a different government, which will reverse the situation and move back towards a more humane and caring society of the past.

Death penalty will not save our little ones (malaysiakini-letter)

Death penalty will not save our little ones

Shanon Shah Mohd Sidik Oct 11, 07 3:21pm

Amnesty International Malaysia is outraged by the brutal murder of eight-year-old Nurin Jazlin. We offer our deepest condolences to her family members and loved ones. This disgusting and terrifying crime is a sad reflection of how unsafe our country really is for girls. It is depressing, but the reality is that Nurin is just the latest in a series of girls who have died as a result of sexual abuse and violent crimes. Many in this nation have not even fully recovered from the brutal rape and murder of 10-year-old Nurul Huda Abd Ghani in Johor Bharu back in January 2004. Public outrage in this matter is completely understandable. However, calls for the death penalty to be applied to the offenders of this crime are misplaced. In fact, countless men and women have been executed worldwide for the stated purpose of preventing crime, especially the crime of murder and sexual violence. Yet Amnesty International has failed to find convincing evidence that the death penalty has any unique capacity to deter others from commuting particular crimes. A survey of research findings on the relation between the death penalty and homicide rates, conducted for the United Nations in 1988 and updated in 2002, concluded: ". . .it is not prudent to accept the hypothesis that capital punishment deters murder to a marginally greater extent than does the threat and application of the supposedly lesser punishment of life imprisonment." However, Amnesty does hold that governments have the responsibility to ensure the safety of everyone who lives in the country. According to international standards, governments must first of all respect people's human rights – in other words, governments themselves must not violate human rights. Governments must also protect peoples' rights – ensuring that other people or bodies do not abuse people's rights. And lastly, governments must fulfil human rights, making them a reality in people's everyday experiences. In the case of children, the Convention on the Rights of the Child (CRC), a legally binding UN treaty that Malaysia has ratified, clearly states in Article 34 that: "States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse." Article 37(a) of the CRC states: "No child shall be subjected to torture or other cruel, inhuman or degrading punishment." The state might argue that it is impossible to prevent violations against girls, especially if they are perpetrated by individual members of society. But this is precisely where preventing harm towards all potential victims requires the strengthening of the general judicial and administrative framework, including effective education for everyone on gender and human rights. At the same time, law enforcement officials need to be sensitised on the specific nature and impacts of violence against women and girls. This principle is called due diligence on the part of the government, and it is enshrined in the CRC and the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw), another legally-binding UN treaty ratified by Malaysia. Amnesty International Malaysia would like to see the Malaysian government and the police force being more proactive in addressing these concerns, in consultation with women's organisations, shelters, and individual men, women and girls from the public. The nation mourns Nurin Jazlin. Let us never have to mourn another girl child in these circumstances ever again. The writer is executive director, Amnesty International Malaysia

‘Spare the whip, it’s cruel’

Human rights and the law: ‘Spare the whip, it’s cruel’

Contributed by Renuka T. Balasubramaniam

Thursday, 27 September 2007 09:00am

©The Sun The Malaysian Bar at its AGM last March passed a resolution declaring that the corporal punishment of whipping is cruel, inhumane and degrading and called for its abolishment. Human rights lawyer Renuka T. Balasubramaniam produces compelling and cogent reasons why all Malaysians should declare whipping barbaric. “I got six. It was just incredible pain. Burning – like someone sticking a hot iron on your bum. That’s the sort of feeling. Pain – just ultimate pain. The strokes come one a minute, but it seemed like a lifetime to me. I waited and waited for the first one and as soon as I let my breath out – ‘baam’. Afterwards my bum looked like a side of beef. There were three lines of raw skin with blood oozing out.” – New Zealander Aaron Cohen who received six strokes in 1982 for drug trafficking. AMONG the many laws of Malaysia, 29 Acts of Parliament – such as the Dangerous Drugs Act, Immigration Act, Moneylender’s Act and the Child Act – and a further 48 sections under the Penal Code call for the punishment of rotan or whipping. Some offences provide for the maximum number of 20 strokes. The recent YouTube posting depicting actual footage of a prisoner being given the maximum 20 strokes of the rotan by Malaysian prison authorities caused worldwide revulsion. The bloods-pattered video was deemed so horrific by the YouTube user community that it was “removed due to terms of use violations”, while a second similar video carried a condition that one would first have to declare that he/she is 18 or older by logging in or signing up. Readers are hereby challenged to watch it in its entirety, and see how they feel about whipping afterwards. International condemnation Amnesty International and the UN Human Rights Committee have condemned whipping and other forms of corporal punishment as cruel, inhumane and degrading punishment and contrary to human rights law. Law Minister Datuk Seri Mohamed Nazri Abdul Aziz even relied on this international condemnation of whipping when he explained in Parliament during the debate on the Anti-Trafficking Bill that Malaysia, having aspirations of being a good UN citizen, had purposely excluded whipping as a form of punishment from the Bill. The UN Committee Against Torture has called for the abolition of corporal punishment and the UN Special Rapporteur on Torture has stated that “corporal punishment” is inconsistent with the prohibition of torture and other cruel, inhumane and degrading treatment or punishment. Accordingly, the Malaysian Bar, at its AGM earlier this year, passed a resolution declaring that whipping is cruel, inhumane and degrading and called for the abolition of the sentence in any legislation, and particularly against offenders of the Immigration Act. The World Refugee Survey in 2005 placed Malaysia as one of the worst offenders of refugee rights, documenting cruel and inhumane treatment in our prisons and detention camps. On top of this, migrant and refugee communities, by virtue of the penalties under the Immigration Act, are the primary victims of corporal punishment. Oftentimes the punishment of caning, although discretionary, is handed down, as a deterrent. I have observed first-hand that it is not uncommon for judges to sentence immigration offenders to at least two strokes each. In deciding that whipping must be abolished, the Malaysian Bar also considered it from a larger perspective and took the view shared by many, that because it is cruel and inhumane, no one should have to bear that suffering, and therefore called for the abolishment of caning for all offences. Administering cruelty The person administering the sentence is in fact administering cruelty on another human being under the guise of carrying out orders. These orders are, in turn, derived from a policy that disregards the universally accepted spiritual principle of non-violence. As a member of the human race, I believe I am duty-bound to do what I can to subvert the continuance of these wrongs against humanity. I believe that one day, humanity can agree that the taking of life or causing grievous bodily harm intentionally and under any circumstances, especially via sentencing principles, is wrong. Deterrent? There are those who say that the fear of being caught and subject to penal consequences deters crime. But a recent study on the deterrent effect of longer prison sentences by David S. Lee of Columbia University and Justin McCrary of Michigan University showed that the threat of increased penalties does not seem to alter criminal behaviour. Their findings suggest that potential criminals do not think at all of the consequences of their actions before committing crimes, thereby negating the effect of harsher criminal sanctions. The Ouimet Report by the Canadian Committee on Penal and Correctional Reform published in 1969, had this to say: “Traditional prisons tear the individual away from his duties towards his family, his community, his education and his work and isolate him in an abnormal community where he is exposed to a code of values established by criminals. Opportunities to make decisions, which are such an important factor in social rehabilitation, are extremely rare. It is difficult to imagine a system less conducive to life in society than traditional prisons.” Add to this the humiliation of being whipped, and one cannot possibly derive a conclusion that punishments of imprisonment and whipping are for the benefit of ‘rehabilitation’ and ‘deterrence’. When the death penalty was abolished in the United Kingdom many decades ago, it became evident from studies that the number of murders did not increase. It remained more or less constant. This is frequently cited as authority against the death penalty and on the subject of how deterrence simply does not work. Dysfunctional personalities I hold the opinion that criminal tendencies – all of them – are symptoms of dysfunctional personalities. The cause of these dysfunctional personalities usually can be simplified to inadequate or non-existent parenting and the absence of love or compassion in their lives. This we can imagine is a reason the Ministry of Women, Family and Community Development is attempting to promote the idea that the family unit is core in the development of the community. I really believe that we cannot rid society of its evils, but we can substitute evil with values that are true, good and beautiful. Public opinion Often, the principles of sentencing seek to reflect public opinion. Realistically, if the education, socio-economic background and even the self-sufficiency of the public today were to be considered as a whole, the public would be represented by your average lower-middleclass man in the street with not much education, little economic influence, little political influence, little self-confidence and fear-based reactions to all events occurring around him. He has a very limited perspective of his environment, and out of this ”ignorance“’ he may seek to cling to what he knows and believes as the only way of protecting himself. Thus ”public opinion” would be based on the lowest common denominator. This is evident where “public opinion’ on whipping is based on the principles of retribution, ”teaching a lesson” and using fear tactics to ensure that society toes the line. So, instead of reflecting public opinion, members of the Bar are taking the initiative to actually lead public opinion by lobbying the fact that the public interest would be best served if the offender is induced to turn from criminal ways to more wholesome living. The Malaysian Bar has, with its resolution, avowed to lead public opinion by rejecting and denouncing the sentence of whipping as it is anachronistic and inconsistent with a compassionate society in a developed nation. Although revenge and retribution in individuals may be understandable, society as a whole should not operate on such base principles because it cannot be forced to react through legislation, to the strong feelings of victims of crime. To this end, prison rehabilitation programmes should be revamped and tailored toward psychological counselling, encouraging a convict into self-examination through which it is hoped he may gain insight into his actions. In the example of the brutal rapist, society should harbour the faintest hope that some of these offenders, upon undergoing rehabilitation, may experience a desire to make amends as a result of the compassion and counselling he has received and thus be motivated to do something good for society or his family upon his release. Conclusion Whipping has failed as a retributory and deterrent sentence, just as strict and painful discipline on children inevitably results in their becoming more rebellious, almost as if to validate the opinion of their parents that they are “naughty” kids. It is time for Malaysia to subscribe to Article 5 of the Universal Declaration of Human Rights, that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” and reject corporal punishment altogether as a form of sentencing. We all have the ability to affect the consciousness of members of our family, community, nation and planet. The voices of those who support cruelty are loud, but the silent majority can make themselves heard. Renuka T. Balasubramaniam is a member of the Human Rights Committee (HRC), Bar Council Malaysia. For information on the work of the HRC, see www.malaysianbar.org.my/hrc. Complaints of rights violations may be forwarded to rezib@malaysianbar.org. my for consideration of the committee. However, we make no assurance that all cases will be adopted for action.

Animal rights groups protest against dog catching competition

Animal rights groups protest against dog catching competition

Wednesday, 12 September 2007, 07:50am

©The Star by Stuart Michael and Geraldine Jeremiah Photo by Stuart Michael About 50 people comprising representatives from various animal rights organisations and animal lovers went to the Selayang Municipal Council (MPS) in Bandar Baru Selayang on Monday to pass a memorandum to its president Zainal Abidin Azim. The memorandum called for an immediate end to the dog-catching competition organised by the council. Holding placards that condemned cruelty to animals, the group led by Society for the Prevention of Cruelty to Animals (SPCA) chairperson Christine Chin, waited for Zainal to accept the memorandum but since he was on leave, MPS public relations officer Helda Syima Abu Talab accepted it on his behalf. Upon receiving the memorandum, Helda assured the group that it would be handed over to Zainal and a meeting would be arranged soon with SPCA. Despite it being a peaceful gathering, some outsiders were seen shouting insults at the group in order to provoke them, but after delivering the memorandum, the group dispersed quietly. Chin said that apart from requesting for an end to the competition, the memorandum also contained request for highly effective spaying or neuter initiatives and fines against irresponsible pet owners who abandon their pets. “We also want an implementation of a smart, humane and effective legislation to promote responsible pet ownership,'' she said. Apart from Chin, the memorandum was also signed by Malaysian Animal Rights and Welfare Association president N. Surendran, Petpositive president Anthony Thanasayan and Malaysian Association for Responsible Pet Ownership president Dr John Satyamoorthy, who were also present at the gathering. Asked about Rawang assemblyman Datuk Tang See Hang's proposed meeting with SPCA, Chin said that she had not received any letter or call from Tang's office about the meeting. Dog handler and professional groomer Noraini Rozaiti Mahamud, 35, when questioned on the issue of the strays posing a threat to residents said that dogs reacted aggressively only when they were threatened and dogs were not likely to attack unprovoked. “This competition would inherently attract over-zealous residents without experience in handling dogs. This could result in someone getting injured and the dogs being blamed and crucified for attacking a person,'' she said. Retired Selayang Hospital head nurse Kamala Chelliah, 57 said that she read about the Dog Catching Competition in the papers and turned up to show her dissatisfaction. Kamala felt that the authorities could come up with a better solution to address this matter.

Torturous wait on Death Row

Torturous wait on Death Row

Baradan Kuppusamy Sep 4, 07 12:19pm

"Hang me or release me but don't leave me to suffer a slow death," is the cry of anguish from Baha Jambol, 45, who has been suspended helplessly on Death Row for nine long years, unable to appeal the sentence. He was sentenced to death in April 1998 for being in possession of 50kg of cannabis. He is unable to appeal because the trial judge has failed to put pen to paper and give the grounds sentencing him to ‘death by hanging’. Jambol's desperate predicament is not unique. It is the result of a serious flaw in Malaysia’s criminal justice system. "Without a written judgement, we can't appeal," Karpal Singh (photo), Jambol's lawyer and prominent human rights campaigner, told IPS. Jambol, a driver, was at the wheel of a car when the cannabis was found inside. But the car owner who was with him at the time was acquitted. The scandal of the ink-shy judge, who is loath to put his judgments on paper, has shocked the nation and led to renewed demands for a swift end to the death penalty. "This case is a severe travesty of justice. Jambol has been languishing on Death Row for nine years… what can be crueller than this? I urge the government to immediately abolish the death penalty and end the misery of people on Death Row," said Karpal. Others too wait in great misery in the country's overcrowded jails for the same reason. Aziz Sharif, 28, was sentenced to death in 2001 for murdering his girlfriend, a conviction that his lawyer Harbahjan Singh said is deeply flawed. Six years on, Harbahjan is still blocked from filing an appeal because there is no written judgement. Aziz is suffering severe mental torture while waiting to know his fate, according to his family, who are poor rice farmers from Negeri Sembilan. According to a New Straits Times report, they have appealed to the court numerous times to get the judge to write his judgment but without success. "I wrote five letters to the court over the matter and sadly they did not have the decency to reply to any of the letters," Harbahjan told the paper. Haszaidi Hasan, also sentenced to death for drug trafficking in 2001, is another case in point. Denial of justice Opposition politicians and rights activists are now pressing for action against Malaysia's indolent judges. "Their lackadaisical attitude has hamstrung the administration of justice to people who need it the most," DAP lawmaker M Kulasegaran said. "If the judges had done their basic duties the convicted persons could have speedily filed their appeals and probably been acquitted. A long delay is a mark of a poor criminal justice system.” He urged the government to set free Death Row inmates caught in this predicament, adding that “a more lasting and more humane solution is to abolish the death penalty". The cases have also been taken up by the rights group Malaysians Against the Death Penalty. "Prisoners facing capital punishment are under severe pressure if their appeals are delayed," said co-director and lawyer Charles Hector. "Judges should understand the tremendous pressure the death penalty generates… delaying the right to appeal is an act of utmost cruelty. Family members are also left emotionally drained by the uncertainties and the long meaningless delays. It is an intolerable form of torture. "This tragic delay is another reason to review the death penalty. We demand an immediate moratorium on all executions pending the abolition of the death penalty in Malaysia." Amnesty International also wants an immediate moratorium on all further executions, while the Bar Council has asked lawyers to report back cases where clients are enduring a "slow death" because of long-delayed or non-existent written judgements. The Council plans to present Chief Justice Ahmad Fairuz Sheikh Abdul Halim with a list of serious cases. The hope is that offending judges will be penalised, a sanction that might finally end such torment. Malaysia imposes the death penalty for a raft of offences, from drug trafficking (15gm of heroin and 200gm of cannabis) to poisoning the water supply. Murder, possession of firearms and treason carry a mandatory death sentence. More than 1,000 persons have been executed since independence in 1957 and some 300 are currently awaiting execution, many of them Acehnese from Indonesia convicted of trafficking cannabis. - IPS

Death Row prisoner files appeal (NST)

2007/08/21

Death Row prisoner files appeal

By : V. Anbalagan

A Death Row prisoner demands the court hears his appeal or lets him walk.
He has been languishing and forgotten in jail for too long — nine years and three months. Baha Jambol, 45, says he had also written 11 appeal letters seeking the grounds of judgment. He claims that this delay is prejudicial against him and a miscarriage of justice.

PUTRAJAYA: The absence of a written judgment for nine years has prompted a Death Row prisoner to file an application to the Court of Appeal to be freed.

In his application, Baha Jambol, 45, who is in solitary confinement at the Pengakalan Chepa prison in Kelantan, said that the trial judge failed to provide the written grounds of judgment despite repeated reminders.

In the alternative, Baha wants the court to go through the notes of proceedings in the appeal record and set aside the death sentence.

Baha, a former fish and vegetable vendor at the Pasir Mas market, filed the action through his lawyers at the court registry yesterday afternoon.
There is no record of a condemned person urging an appellate court to allow his appeal by way of notice of motion.

Baha, who named the public prosecutor as respondent, also filed a certificate of urgency for the Court of Appeal to expeditiously hear the case.

He said the incarceration in prison for nine years and three months pending appeal had caused him prejudice and miscarriage of justice.

Baha, before his conviction, was remanded for two years in prison, bringing the total number of years behind bars to 11.

He said the appellate court should allow his appeal on grounds that there had been serious denial of due process and there had been an inordinate and unexplained delay by the trial judge, Tengku Baharuddin Shah Tengku Mahmud.

Tengku Baharuddin is now a judge in the Court of Appeal.

Baha, together with Azman Ahmad, was charged with trafficking in about 50kg of ganja in front of the Gua Musang police station on Dec 31, 1996.

On April 26, 1998, Tengku Baharuddin, who was then posted to the High Court in Kota Baru, found him guilty of the offence and sentenced him to death.

Azman was acquitted without his defence being called.

Baha had filed the notice of appeal against the conviction and sentence with the assistance of prison authorities the day after his sentencing.

A letter was written to the registrar of the High Court on May 29, 1998, requesting that the record of appeal be supplied, but there was no response. Since then, 10 letters, the last one on April 4, were sent to the Court of Appeal, which fixed the appeal date on June 18.

However, the appeal was taken off the list and the written grounds were still not made available.

Karpal Singh, who represents Baha, affirmed an affidavit on behalf of Baha.

He said under the Court of Appeal Rules 1994, a trial judge was required to supply the grounds to be included in the record of appeal as soon as "practicable".

Record of appeal consist of notes of proceedings, written judgment and exhibits.

He said in criminal appeals, an appellate court cannot hear a case without written grounds .

Karpal said the failure to provide the grounds after a long time amounted to a serious denial of due process of law which required immediate appellate court interference.

"The inordinate and unexplained long delay in delivering the grounds of judgment has occasioned a miscarriage of justice as the appellant (Baha) has been languishing on Death Row for more than nine years awaiting hearing of his appeal."

He said the principle of fair trial should be applied even more rigorously where the excessive delay was not caused by the prosecution but the court itself.

Karpal said the long delay in providing the grounds would have prejudiced Baha because the trial judge’s assessment of witnesses would have been blurred.

"The delay would have increased the chances of omission on the part of the trial judge to deal with material facts and issues which ought to have been favourable to the appellant," he said.

In the alternative, he urged the Court of Appeal to go through the notes of proceedings and rule that the trial judge was wrong in finding Baha guilty because he was a driver of the car where the drugs were found while the owner of the vehicle, Azman, was freed.

He said the prosecution had failed to prove actual trafficking of the drug.

On Aug 16, the New Straits Times highlighted the plight of two persons, convicted and sentenced to death, who were languishing on Death Row for five years because another trial judge did not provide the written grounds.

DEATH PENALTY - MALAYSIA : Sources & Figures Known

LAST REPORTED/KNOWN EXECUTIONS IN MALAYSIA - JULY/AUG 200

4/8/2006 - Mohd Amin Mohd Razali, the Al-Ma’unah movement leader who was sentenced to death for treason (Source: Star 5/8/2006, “Al-Ma’unah leader Mohd Amin hanged”)

*the week before - Zahid Muslim, Jemari Jusoh and Jamaludin Darus (Source: Star 5/8/2006, “Al-Ma’unah leader Mohd Amin hanged”)


Last December[2005], Deputy Internal Security Minister Chia Kwang Chye said that from 1960 through last October, 434 convicts were hanged while 172 cases were pending appeal.”


“The majority of the death sentences meted out are for drug trafficking. Out of 52 people sentenced to death from 2004 until July 2005, 36 were convicted for drug offences....Last December, Deputy Internal Security Minister Chia Kwang Chye said that from 1960 through last October, 434 convicts were hanged while 172 cases were pending appeal.”
(Source: IPS, 8/5/2006 : “DEATH PENALTY:Death to Malaysian Water Contaminators?”)

Since 1970, Malaysia has hanged 359 people, 40 of them in the last 10 years. Most were convicted of drug trafficking. There are 159 prisoners on death row. (Source: AsiaNews.it , 21/3/2006 “MALAYSIA
Justice Minister backs abolition of death penalty”)

WHEREAS Malaysia has hanged at least 358 persons between 1981 and 2005;...WHEREAS about 173 persons are on death row as at December 2005; (Malaysian Bar Resolution - 18/3/2006)

“On 6 December 2005, the Deputy Internal Security Minister disclosed in Parliament that 52 people were sentenced to death from 2004 until July. Of these, 36 were convicted for drug offences and 16 for murders. This disclosure brings the number of persons on death row to approximately 173. In November 2003, it was said that there were 121 persons, including 4 women, on the death row. It was disclosed in February 2005 that over the past 24 years 358 persons have been hanged in Malaysia. (MADPET 9/2/2006:-THE DEATH PENALTY MUST BE ABOLISHED, Malaysia Must Respect the Right To Life)

EING SENTENCED TO DEATH AND DEPRIVED OF RIGHT TO A SPEEDY APPEAL IS VERY CRUEL & UNACCEPTABLE

BEING SENTENCED TO DEATH AND DEPRIVED OF RIGHT TO A SPEEDY APPEAL IS VERY CRUEL & UNACCEPTABLE

MADPET (Malaysians Against Death Penalty and Torture) is disappointed and shocked by the revelation that two men are languishing on Death Row because the judge who convicted them at the Seremban High Court five years ago has not provided the grounds of judgment. (New Straits Times 17/8/2007, “Two languish on Death Row as judge fails to do his job”).

If languishing on death row waiting to be deprived of one’s life is already recognized as being “a cruel and unusual punishment”, how much more worse is it for a person who spend the last five years without even having the opportunity to appeal against his death sentence just because some judge was too lazy to write out his grounds of judgment. The torture that this victim, his family and friends have had to undergo for the last five years would have been intolerable and would never be justified.

Let us not forget that it is very possible that this judge who sentenced them to death may have erred in law and in fact, and the Court of Appeal may have put things right by acquitting him, maybe 5 years ago.

It is also a concern whether a judge, now writing his ‘grounds of judgment’ after the matter has been raised in the media is able to do so without being affected by irrelevant external factors. One also wonders whether he can even remember why he convicted those persons more than 5 years ago and sentenced them to death.

In criminal cases, especially those when the accused person is found guilty and sentenced to incarceration and/or death, the grounds of judgment must be immediately prepared and made available to the convicted person no later that three days. This will allow for immediate access to the right to a speedy appeal – more important when there was a miscarriage of justice at the court of first instance.

According to the New Straits Times report, this judge now sits in the Federal Court, and this is just another reason why there must be a new process put in place in deciding who is to be appointed judges and elevated to the Higher Courts. Lets us expose this judge and demand his immediate resignation – or at least a public apology for the great injustice that he has caused to these 2 persons.

Malaysia must also consider putting in place a compensation scheme to compensate victims of the criminal justice system who have had to unnecessarily languish in remand prisons and prisons only to be acquitted or discharged some time later. Time spend must be factor in the computation of the sum for compensation. The fact that one was sitting with a death penalty hanging over one’s head must surely mean a higher sum.

This compensation scheme is important now looking at the current state of police investigation, prosecution and even judges, which interestingly have received a lot of media attention over the past couple of months. Too many persons have ended up spending time incarcerated waiting for their trial only to be released later without being convicted. It is for this loss of liberty and movement that persons must be compensated.

MADPET also reiterates its call for an immediate moratorium on all executions pending abolition, and the abolition of the death penalty in Malaysia.

Charles Hector

N. Surendran

for Malaysians Against Death Penalty and Torture (MADPET)

17^th August 2007

(For further information, contact N. Surendran (012-3207066) or Charles Hector (019-2371100)

Two languish on Death Row as judge fails to do his job

2007/08/17

Two languish on Death Row as judge fails to do his job

KUALA LUMPUR: Two men are languishing on Death Row because the judge who convicted them at the Seremban High Court five years ago has not provided the grounds of judgment.

Another man was ordered by the same judge to be held at the Sungai Buloh prison at the pleasure of the Yang di-Pertuan Besar of Negri Sembilan on grounds of insanity.

Haszaidi Hasan was sent to the gallows after he was found guilty of trafficking in dadah while Abdul Aziz Mohd Sharif was convicted of murdering his girlfriend’s father.

Their lawyers filed the notice of appeal soon after the judge, who now sits in the Federal Court, delivered oral decisions in 2002.

Both are in the Kajang prison.
Haszaidi’s counsel, Rusli Husin, said he filed an appeal sometime back but the written judgment had not been issued.

A check with the Attorney-General’s Chambers showed that Haszaidi was convicted on Feb 7, 2002 but the grounds of judgment is still not available.

Counsel Harbhajan Singh, who is representing Aziz, said he had sent five reminders to the High Court in Seremban for the grounds of the decision.

"Sad to say, they did not have the decency to reply to the letters."

He said even the Kajang prison authorities sent a letter to the judiciary to expedite Aziz’s appeal but did not receive any response either.

Harbhajan said when Aziz’s mother asked why the appeal was delayed, he told her the appeal could not be heard unless the trial judge provided the written judgment.

He said Aziz’s parents were concerned about his deteriorating health as Aziz, in his late 20s, had been kept in solitary confinement since July 8, 2002.

Omar Mohd Bashri was charged with murder of a teenager but was acquitted on grounds of insanity by the same judge on July 27, 2002.

The judge ordered Omar to be held at the Sungai Buloh prison at the pleasure of the Negri Sembilan ruler.

His counsel had also filed an appeal against the decision while the public prosecutor had filed a cross-appeal in 2002.

The lawyer and the Attorney-General’s Chambers are waiting for the judge to provide the grounds of decision.

Lawyer Haresh Mahadevan said he was appealing that Omar be acquitted since there was no eyewitness to the crime.

The prosecution said the accused should be sentenced to death on grounds that Omar was aware of his act.

The judge, however, ruled that the accused was under delusion when the crime was committed.

Haresh said he had written to the Sungai Buloh prison director two years ago asking that a doctor examine Omar again for the purpose of obtaining a pardon.

"Unfortunately, there was no reply and I am in the dark about the health of the accused."

He said he would be writing next week to the court to find out if the judge had completed the grounds for the decision.

In criminal cases, the Court of Appeal cannot hear appeals without written judgments.

On July 23, the New Straits Times featured a story on the consequences of judicial officers not writing judgments and has also referred that this judge has not provided written grounds or deliver decisions in at least 30 criminal and civil cases.

What happens when judgments are delayed

2007/07/23

What happens when judgments are delayed

A CASE of justice delayed, justice denied? Examples of what happens when written judgments are not provided.

Case No 1:

A man was convicted of dadah trafficking in the late 1980s and sentenced to death but the trial judge took a long time in providing the written judgment.

Lawyer Karpal Singh, who appeared for the man, argued before the Supreme Court that the delay had led to manifest injustice.

The late Tan Sri Hashim Yeop Sani, who led the bench, substituted the death penalty with life imprisonment of 20 years. The accused was freed because of the long remand period and later stay on death row.

Case No 2:

Two years ago, former national athletics coach C. Ramanathan won an appeal to clear his name on two molest charges.

One of the grounds cited was the delay of close to five years for the Sessions Court judge to provide a written judgment.

He had been charged in October 1994 on two counts of outraging the modesty of two underage girls in 1992 and convicted on Nov 8, 1996. But the grounds of judgment were only made available on Oct 26, 2001.

Case No 3:

A desperate housewife wrote to Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim seeking his help to expedite her husband’s appeal over his conviction on a kidnapping charge.

The High Court in Shah Alam found the husband guilty of the offence on May 16, 2005. She wrote to the top judge in August last year and sent another letter in January this year.

As a result, the Court of Appeal Registrar sent a letter to the Shah Alam High Court Deputy Registrar in February to prepare the record of appeals, which included the judgment. But there was no reply.

Counsel Gurbachan Singh, who appeared for the man, sent another letter last week enquiring if the judgment was ready.

Meanwhile, the judge who heard the case has been promoted. It may now be up to the Chief Justice to decide on the next course of action.

Case No 4:

In 2000, the High Court in Penang found a man guilty of dadah trafficking and sentenced him to 12 years’ jail and 10 strokes of the rotan.

An appeal could not be heard as the judge did not make the judgment available.

The long stay in prison soon came to an end after the deduction of one-third of the sentence on remission.

His counsel, R.S.N. Rayer, advised his client, who wanted badly to be a free man, to withdraw the appeal. The man took the 10 strokes at one go before his release in 2002.

Help busy judges to speed up work

2007/07/23

Help busy judges to speed up work

KUALA LUMPUR: Judges presiding over lengthy criminal trials should be excused from hearing other cases to allow them time to complete their written judgment.

Lawyer M. Kulasegaran said this would give judges sufficient time and peace of mind for the task at hand.

"In the meantime, a relief judge could be sent to hear cases in that court," he said.

Kulasegaran said some judges were so meticulous in arriving at decisions that they did their own research before arriving at conclusions.

"They may do so as submissions by parties are sometimes inadequate and incomplete. However, by going the extra mile, they may delay the writing of judgments."
He also suggested that judges be given the freedom to hand-pick competent research officers and stenographers to assist them.

"These people can help the judge in writing judgments in the shortest time possible."

Lawyer Hisham Teh Poh Teik suggested that court rules be amended to allow appellants in criminal cases to submit appeals using notes of evidence and reasons in point form.

"But for the time being, it is still better for a judge to give reasons for his decision. He could elaborate later in the event of an appeal."

Hisham said this was important as it would enable the losing party to decide on what grounds they could lodge an appeal.

"Should the parties appeal and there are no written grounds, the appellate court could hear the appeals by relying on the summarised points when the decision was handed down."

Unwritten judgments delay justice unduly, says Sri Ram

2007/07/28

Unwritten judgments delay justice unduly, says Sri Ram

By : V. Anbalagan

PUTRAJAYA: First, it was the absence of judgments in criminal cases. Now, it is civil court judges not putting their judgments down on paper which unduly delays justice.

Court of Appeal judge Datuk Gopal Sri Ram, the most senior judicial officer of the appellate court, made the observation in two separate civil cases, which the appellate court dismissed with costs.

In the first case, Sri Ram said the High Court had made an order for sale on a property on Feb 22, 1999. The notice of appeal was lodged on Nov 2 that year, but no grounds were written by the judge.

Sri Ram said it took the appellate court time to go through the notes of evidence. "This court was put to the trouble of trawling through the appeal record to appreciate the respective parties’ cases in the court below."

(Unlike criminal cases, civil appeals can be heard by an appellate court by relying on the trial judge’s notes of evidence, pleadings of parties and affidavits).
Sri Ram said the court could do no better than to quote from a judgment of former Lord President of the Supreme Court, Tun Salleh Abas.

"We hope that judges should endeavour to write their grounds of decision and take delight in this aspect of judicial work as a matter of personal pride and satisfaction and not as a burdensome task.

"Failure on the part of judges to write their grounds of decision will certainly undermine their authority to insist upon magistrates and president of Sessions Court (now Sessions Court judges) to write theirs.

"If the practice of not writing written grounds of judgment is widespread, the system of administration of justice will tumble down."

In this case, the Court of Appeal gave its decision on May 28, 2004 but the written grounds were only delivered on Wednesday.

Both judges who sat with Sri Ram to hear the appeal had also retired, leaving him the task of writing the grounds as the appellant, Hongkew Holdings (M) Sdn Bhd, had filed an appeal to the Federal Court.

The other case, one of medical negligence, took 23 years for it to reach the appellate court.

"If the law is to be castigated for its delays, then this case surely proves the rule," said Sri Ram.

On April 3, 1984, lawyer K. Thayalan died at the neurology department in the Kuala Lumpur Hospital.

His personal representative filed a medical negligence suit against Dr Goon Siew Fong, the physician who attended to him. The government was also included as a party to the action, which was filed sometime in 1986.

After a lengthy trial, the High Court delivered its oral decision, dismissing the claim of Thayalan’s personal representative in 1992.

An appeal was filed. However, the trial judge, who subsequently retired, did not provide the grounds of decision.

Once again, the Court of Appeal had to rely on the notes of evidence in deciding the outcome of the appeal.

Earlier this year, Sri Ram together with judges Datuk Suriyadi Halim Omar and Datuk Hasan Lah heard submissions from the parties.

The written grounds were also made available on Wednesday.

In an immediate response, lawyer Amer Hamzah Arshad said the hallmark of a judge was his ability to justify a decision with legal arguments.

"A written decision is a summarised version of the grounds of judgment. It greatly facilitates the appeal court to know how the trial judge arrived at a particular decision by applying the law to the facts of the case," he said.

Lawyer M. Manoharan said judges should make it a point to provide the grounds of decision, irrespective of whether parties appealed.

"The facts of a case will be fresh in their mind if they begin to write immediately. Moreover, the credibility and demeanour of witnesses will only be known if there is a written judgment."

He said the judiciary must recognise these shortcomings and should promote those who had the ability to deliver written decisions speedily.

007/07/23

JUDGES FAIL WRITTEN TEST: Just write it, judges

Ragunath Kesavan (left) says the problem could have been arrested if judges were vetted properly. Karpal Singh says judges who accumulated judgments gave up as they could not recollect the facts of the cases

KUALA LUMPUR: Justice is sometimes not done in Malaysian courts even after judgment has been passed.

There are numerous horror stories of how the accused languished in prison just because judges did not provide written judgments.

In one case, a man withdrew an appeal against 12 years’ imprisonment and 10 strokes of the rotan on a dadah trafficking charge as his jail term had come to an end while waiting for the appeal to be heard.

The delay in hearing the appeal had been due to the judge not submitting a written judgment.

The worst cut of all was that the accused took all the strokes of the rotan at once before leaving jail — knowing that his sentence may have been reduced or overturned on appeal.
In another case in 1984, an accused charged with trafficking dadah was found guilty in 1988.

When his case went on appeal to the Supreme Court in December 1993 — a good five years later — the bench substituted the death sentence with 20 years’ imprisonment.

The judges had felt that the long delay in handing down the written judgment had prejudiced the accused.

If one thought that these were the worst case scenarios, there’s more.

A Federal Court judge has at least 30 outstanding judgments accumulated from his High Court days that include dadah trafficking and murder cases.

How he is going to come up with the written judgments is anyone’s guess, especially as he will also have to provide judgments on cases before the Federal Court.

This glaring weakness in the judicial system has irked the legal fraternity to the extent that calls are being made to only appoint judicial officers who can deliver written grounds on time.

One lawyer even suggested that judges who had been issued warnings not to delay written judgments should be hauled up before a tribunal to answer for their recalcitrance.

The Bar Council says the only solution to this vexing problem is the setting up of an independent judicial commission to appoint and promote judges.

Its vice-president, Ragunath Kesavan, said the problem could have been arrested early if candidates had been properly vetted before being appointed judicial commissioners.

"This is why we have been canvassing hard for the need to set up an independent judicial commission to appoint and promote judges," he said.

Ragunath said written judgments were critical in the dispensing of justice.

The council will be sending out a circular soon to get feedback from members on cases where judgments had not been provided.

This will be forwarded to the chief justice for action to be taken so that judges will put their judgments in writing.

"We hope that he will also reveal the number of outstanding judgments," he added.

Lawyer Karpal Singh said existing procedures on delivering decisions and judgments were indefinite with many judges reserving decisions after a trial.

"At the next date, they are still unable to deliver (decisions)," he said, adding that he had at least five cases that could not be appealed as judgments were not ready.

He said some gave decisions without stating reasons.

Karpal said judges who accumulated judgments simply gave up after some time as they could not recollect the facts of the case.

"One has to look into the demeanour of the witnesses to better appreciate the facts of the case.

"This would have been fresh in their mind if judgments were written soon after the trial."

Lawyer Gurbachan Singh said prisoners facing capital punishment would be under even greater pressure if their appeals could not be heard because of delayed written judgments.

He said family members were also left emotionally drained due to the uncertainty.

Relatives of the accused were sometimes not convinced when told that the appeal process had stalled because the trial judge had not provided grounds for his judgment.

Gurbachan has two cases where judges passed the death penalty without written judgments.

"And yet, the two judges who heard the cases, have been promoted to the Court of Appeal," he said.

Kuala Lumpur Bar Criminal Practice Committee chairman N. Sivananthan said some judges were causing grave injustice to convicts and to the Attorney-General’s Chambers.

"One must remember justice is not only for the convicted person but also for the state," he said.

He said failure to write or delay judgments for appeal purposes was tantamount to a denial of justice.

"Whether a judge is brilliant is a secondary point. The primary consideration is that he must provide a judgment for the aggrieved party to enable them to appeal or else the administration of justice is jammed."

He said the accused has the right to finality in his or her case and a chance to exhaust all channels of appeal.

"A person charged with a criminal offence wants his name cleared soon while a party in a civil proceeding wants to enjoy the fruits of the litigation."

He said every judge had an important role in taking legal disputes to their natural conclusion.

Time for the abolishment of WHIPPING in Malaysia

How did this video 'escape' from the prison?

Saturday, 28 July 2007, 12:23pm

KUALA LUMPUR: A video has been posted on the internet since March 3 this year showing how a prisoner was caned with rotan until his skins split with blood. Entitled: "Malaysia Caning Judicial Corporal Punishment" and captioned "This link was posted by one of our fellow leakers. Thought it was pretty good, but does anyone know what happened to cause this?", the video did not reveal the location of the prison and the time it was taken. However, the prison grounds appear to be in Malaysia looking at the uniform worn by the officers. It also appears that those present were aware that the whole episode was being filmed. It is quite a gory scene, and please do not click on the link if you find it offensive. **taken from the Malaysian Bar website

Probe May 13 riots, police told (Malaysiakini)

Probe May 13 riots, police told

Wednesday, 20 June 2007

Joyce Tagal and Su Hui Hsing (Malaysiakini) A lawyer has filed a police report calling for an investigation into the May 13, 1969 riots which left more than 100 dead and scores others injured. N Surendran (photo:right) lodged the report with the Brickfields police headquarters in Kuala Lumpur this morning. The report is based on the revelation of new information pertaining to the riots in a book titled May 13: Declassified Documents on the Malaysian Riots of 1969 published last month. Penned by academic Dr Kua Kia Soong, the book, which is based on recently declassified documents from London, claimed that Umno played a major role in the riots. It also stated that the military and police had practiced racial favouritism during their peacekeeping efforts. In his report, Surendran urged the police to look into these alleged criminal actions by the police, military and the government, including the late former premier Tun Abdul Razak. "The parties must be implicated, brought to court and charged, no matter how old they are," he told reporters later. He said if the police failed to act, he would raised the matter with the Human Rights Commission of Malaysia (Suhakam) or even obtain a court order. 'We want justice' Accompanying him was PKR supreme council member S Manikavasagam. "Since the book is not banned, the contents must be true," said the opposition politician, who also called for a police investigation. Meanwhile, Surendran said the new information in the book was the reason behind his decision to file the police report. "For the first time, Malaysians are looking at these documents. Now it is time for the truth to come out,” he said, referring to declassified documents from the London Public Service Records office. Surendran also urged the government not to be frightened by the documents and to uphold transparency since it is a matter that affects all Malaysian citizens. "People have been speaking in whispers since 1969. This is important for nation-building. We cannot be an united nation until things like this are brought to light. “All Malaysians will be happy if they see justice done and the victims of the riots compensated, he continued. What we want is justice, justice for Malaysians,” he said.

Suhakan Bloody Sunday Report Highlights (Malaysiakini)

Suhakam Bloody Sunday report: Highlights

Mar 23, 07 5:19pm

The following are some of the crucial observations and recommendations made in Malaysian Human Rights Commission (Suhakam) report of the public inquiry on the May 28, 2006 demonstration at KLCC. Peaceful assemblies important for democracy Recommendation: “It is timely that the police and the FRU realise and accept that demonstrations and peaceful assemblies are not an annoyance but are a necessary element in a democratic nation. With that realisation in mind, the best possible method to preserve and maintain order is (police) restraint.” Cops interfered in protesters rights to assembly The panel concluded that the participants of the demonstration were “entitled to the constitutional right to peaceable assembly, notwithstanding the lack of licence to do so.” “(We) emphasise that every citizen, including members from the opposition parties, should not be denied this constitutional guarantee”. “(We) find that the acts of the police in dispersing the assembly... had interfered with the right to the freedom of assembly of the protesters”. Police used ‘excessive force’ The panel found that the police, in the act of dispersing the protesters, had used ‘excessive force’ on 10 individuals, including one journalist. Evidence led the panel to positively identify L/Corp Mustika Lambonding to have used ‘excessive force’ on one of the demonstration participants. Whether the assembly was peaceful C/Insp Pusparajan and L/Corp Nasaruddin Hashim both from the FRU testified that the assembly, at all times, was orderly and not unruly. This was clearly observed in the video and sound recordings. “[...] there was no evidence that the crowd became disorderly, unruly or violent at any time at all [...] there was no shred of any evidence that any third party was there to disrupt the assembly” Arrest unwarranted While there was no permit issued for the assembly, the panel stressed that the assembly was peaceful and did not warrant any arrest. It was observed that some arrests were carried about appropriately but were not justified “as these individuals were merely protesting peacefully”. The acts of the protesters during the incident “cannot be said to have breached the peace or calculated to have breached the peace”. Licencing requirements to assemble “Whilst international standards consider the requirement of prior authorisation or notice as being compatible with the right to freedom of assembly, the panel of inquiry finds that the requirement for a licence imposed by Section 27 of the Police Act 1967 and the lack of definition of the phrase, ‘prejudicial to the interest of the security of Malaysia’ effectively negates the right to freedom of assembly enshrined in Article 10 of the Federal Constitution.” Recommendations: “From the foregoing, it is observed that the laws regulating assemblies are moving towards a cooperative model in several jurisdictions where both parties, the organisers and the police, co-operate in the regulation of an assembly. Such co-operations has proven to be effective in maintaining peaceful and orderly assemblies. As such, the panel of inquiry recommends the repeal of subsections (2), (2A) - (2D), (4), (4A), (5), (5A) - (5C), (7) and (8) of Section 27, and also Section 27A of the Police Act 1967, thereby removing the need to apply for any licence to hold a peaceful assembly.” Protest organisers should notify police Recommendation: It was recommended that those intending to organise a peaceful assembly should notify in writing to the local police chief the details of the assembly. “The panel of inquiry also recommends that the requirement of notification be followed by meetings between the organisers of the proposed assembly and relevant police officers so as to confirm the practical arrangements for the assembly or procession.” “The panel further recommends that any persons whose rights may be affected by the assembly or any arrangement relating to the assembly should be allowed to make an urgent application to the High Court for intervention.” Warnings of dispersal The panel found that the police issued four warnings for the crowd to disperse, but “most of those in the crowd could not make out the announcements because the warnings were not effectively conveyed.” It was found that most members of the crowd had started to disperse when the water cannon was activated but the police “charged after the members of the assembly”. Recommendations: “Orders to disperse should be clearly audible and given at least three times at ten-minute intervals, with sufficient time given to allow the crowd to disperse. “Once the crowd disperses, the police should not chase and arrest those moving away or those who have moved away,” Identification of riot police The majority of FRU personnel called as witnesses could not identify fellow personnel. “Firstly, the persons who used violence were in protective body armour and were using helmets and visors which obscured their faces. “Secondly, they did no wear personal identification (either names or badge numbers).” Recommendation: “While the panel acknowledges the necessity of the police and FRU personnel to wear helmets and other protective apparel or items, these apparel or items should bear clear identification (of the personnel’s identity).” Organisers should appoint marshals Recommendations: Regulations or guidelines pertaining to peaceful assemblies should require assembly organisers to appoint marshals and provide their details to the police. “The appointment of marshals should be implemented in Malaysia as they provide a focal point for members of an assembly and police for the purpose of consultation and liaison.” Use of helicopter The panel concluded that the police helicopter present at the protest had received specific instruction to fly ‘low and hover over the crowd’ for two purposes: To prevent the assembly from hearing the speeches and to disrupt the assembly. “The panel finds that the instruction given to fly low and to hover over the crowd was rash and was given without consideration to the safety of the people at the place of assembly. Recommendation: “The panel is of the view that no helicopter should be used to disturb any assembly. The panel is of the opinion that usage of a helicopter during assemblies, if necessary, should be limited for monitoring purposes only”

Suhakam: Cops used ‘excessive force’ (Malaysiakini)

Suhakam: Cops used ‘excessive force’

Andrew Ong Mar 23, 07 2:36pm

Suhakam’s panel of inquiry into allegations of police violence during an anti-fuel hike demonstration on May 28 last year at KLCC concluded that the police used ‘excessive force’ on 10 individuals in dispersing the crowd. “The severity of injuries suffered by these [...] persons varied, from five stitches on the head to bruises and abrasions,” said the panel in its report on the public inquiry of the incident. The month-long public inquiry was held in October last year after receiving complaints from victims and civil society groups on the police conduct, in particular the Federal Reserve Unit (FRU), that day. Panel members include Zaitoon Othman, Choo Siew Kioh, Dr Michael Yeoh and KC Vohrah who headed the team. The panel released its report on the inquiry this morning at the Human Rights Commission headquarters in Kuala Lumpur. On May 31 last year, then Inspector General of Police Mohd Bakri Omar denied allegations of police violence and insisted that only ‘minimum force’ was applied on protesters. Bakri also defended the actions of police personnel at the scene that day. Positive identification Based on the video evidence and identification by a police witness, the panel positively identified L/Corp Mustika Lambonding as the police personnel who used excessive force on Lee Huat Seng. The report said the video had depicted a police officer swinging a baton and hitting Lee. The panel noted that one victim, Lim Ban Teng, suffered a broken thumb during the melee. The report warned that the person who caused the injury could be charged with the offence of committing grievous hurt under the Penal Code. The panel was however unable to make a conclusive finding on the personnel responsible for the injuries suffered by Zahir Hassan because the evidence produced were still photographs. Zahir, an opposition politician, had told malaysiakini earlier that he was repeatedly kicked by several riot police personnel as he was moving away from the area where the demonstration took place (photo). On other cases of excessive force used by the police, the panel ‘strongly recommends’ that the police conduct internal investigations to ascertain personnel involved with a view of taking disciplinary action against them. The panel said that if it was deemed necessary, the police should also recommend that the public prosecutor take further action. Disproportionate to police aims Quoting a United Nations’ human rights training manual for the police, the report said in instances where the situation necessitates the use of force, the degree of force used must be in direct proportion and only to the extent required for the legitimate ends of law enforcement and maintaining public order. “The panel [...] finds the interference by the police and the FRU in dispersing the assembly on May 28, 2006 at KLCC and the arrests that were affected were disproportionate to the aims of preventing disorder and protecting the rights of other and are not judicious in a democratic society,” read the report. The panel also found that the assembly was ‘peaceful’ within the meaning of Article 10 of the Federal Constitution (rights to assembly) and international human rights standards. “The assembly was peaceful. There was no violence. The actions and speeches (by protest participants) did not provide incitement or cause violence or a breach of the peace,” read the report. The public inquiry was established to determine whether any human rights violations occurred during the May 28, 2006 demonstration at KLCC and if so: which person or agency was responsible for the violations; how such violations came about; what administrative directives and procedures or arrangements contributed to them; and what measures should be recommended to be taken to ensure that such violence does not recur.

SUHAKAM Public Inquiry Report into 'Bloody Sunday' out (Malaysian Bar Website)

SUHAKAM Public Inquiry Report into 'Bloody Sunday' out

Contributed by Rajen Devaraj (Executive Officer)

Friday, 23 March 2007, 03:51pm

KUALA LUMPUR, Fri: SUHAKAM today released its Report of the Public Inquiry into the Incident at KLCC on 28 May 2006 making findings that the actions of the police and FRU in dispersing the peaceful assembly on that day were disproportionate and interfered with the rights of the protestors to assemble peacefully. In a 92-page strong report, SUHAKAM made key recommendations calling for the decriminalising of peaceful assembly without a licence under section 27 of the Police Act, 1967 and the repeal of sections 27(2), (2A) to (2D), (4), (4A), (5), (5A) to (5C), (7), (8) and 27A of the Police Act. It further noted that laws regulating assemblies have moved towards a “co-operative model” in several jurisdictions where parties, the police and the organizers, co-operate in the regulation of an assembly. Datuk K.C. Vohrah, who chaired the public inquiry, said that the submissions made by the Bar Council and the Bar Council Legal Aid Centre (KL) were useful. (Click here to download Bar Council Report and here for the Bar Council Legal Aid Centre Report.) The Bar Council and the Bar Council Legal Aid Centre (KL) both made submissions to SUHAKAM giving views on the facts of the case and making recommendations after taking into account laws in different jurisdictions such as America, Hong Kong, Ireland, Australia and United Kingdom. Members of the Bar present at the press conference lauded the SUHAKAM report and thanked the Panel of Inquiry for its good work. The Bar President, Ambiga Sreenevasan expressed gratitude to SUHAKAM for conducting the Inquiry and making the report, which the Bar fully supported. When contacted, she extended her appreciation to members of the Bar who represented the Bar and the Bar Council Legal Aid Centre (KL) during the Inquiry and helped draft the said reports. Members of the Bar which took an active part in this process include Amer Hamzah, Chen Hong Lynn, Edmund Bon, Edward Saw, Fahri Azzat, Nik Mohamed Ikhwan, Richard Wee, Ramesh Sivakumar, Chan Weng Keng, Sivarasa Rasiah, M. Moganambal, Latheefa Koya and R. Ragunanthanan. Ambiga also thanked the secretariat and pupils of the Bar Council Legal Aid Center (KL) who provided invaluable assistance throughout the inquiry and Chang Lih Kang, Gowri Balasubramaniam and Yap Swee Seng of SUARAM who assisted in the preparation of the Bar Council Legal Aid Centre Report.

SALE OF SNAKES - NGOs lodge report against department (Malay Mail)

SALE OF SNAKES - NGOs lodge report against department
by MUZLIZA MUSTAFA (Thursday, 22/3/2007)

A GROUP of non-governmental organisations lodged a police report against the Penang Wildlife Department for cruelty against animals yesterday.

The report was lodged by lawyer N.Surendran, on behalf of the group, at Brickfields police headquarters at 10.50am.

The group comprises Malaysian Animal Rights and Welfare Society, Selangor Society for Prevention of Cruelty to Animal, Malaysians against Death Penalty and Torture, Malaysians Against Animal Assisted Therapy and Malaysian Association for Responsible Pet Ownership.

Surendran said the report was lodged following reports that the department had kept 2,400 ‘banded rat’ snakes, which were seized in an operation on March 6 in Batu Maung complex, for several days before selling them to traders.

He claimed the department had breached the Protection of Wild Life Act 1972 when it sold the snakes.

“We have no idea if the snakes were fed or given water when they were under the department’s care,” said Nagendran.

He said instead of selling the snakes, the department should release them into the wild, either here or in Thailand, where they were smuggled from.

“The department should not make money from the animals,” he said.

Brickfields police acting chief Superintendent Izany A.

Ghani said the report would be referred to Penang police headquarters for action.