SUARAM: ABOLISH ISA: THE TOOL OF INJUSTICE AND POLITICAL ARBITRARINESS!

PRESS STATEMENT: 27TH OCTOBER 2010

ABOLISH ISA: THE TOOL OF INJUSTICE AND POLITICAL ARBITRARINESS!

27th October 2010, marks the 23rd Anniversary of one of the countries biggest political crackdown; the infamous Operasi Lalang, The Operasi Lalang saw the arbitrary arrests and detention without trial of 106 persons ranging from the Parliament Opposition Leader and members of Parliament to trade unionists, Chinese education movement leaders and non-governmental organization (NGO) activists who were working on the issues of environmental protection, women, workers rights etc under the Internal Security Act (ISA). Other victims of the Operation were two dailies, The Star and the Sin Chew Jit Poh and two weeklies, The Sunday Star and Watan which had their the publishing licenses revoked.

Until today, the 1987 mass arrest remains as the pillar of political arbitrariness and injustice in a democratic nation that have achieved its independence 53 years ago. It’s an affront to our democracy and independence that ISA were engineered by the colonial masters continues to be used on its citizens and people for their legitimate political and dissent activities.

This year mark the 50th year of the draconian act being in power with the scope of the ISA broadened and the list of its “victims” has grown ever longer. Over the years the ISA was amended 19 times with every amendment further diluting the fundamental rights and incrementally extended Executive powers and judicial safeguards. In 1989 the government has amended Section 8B of the ISA to deny legitimate legal redress for a Judicial Review. The ISA also since then have been used to arbitrarily detain people said to be members of alleged religious groups, students, professionals, politicians, political and human rights activists and even journalists. The 1987 Operasi Lalang marks the significance of being the single most operation that have detained and incarcerated people from the full spectrum of the political citizens of the country.

The ISA has since become a convenient political tool to clampdown on dissent where the Executive continues to enjoy permanent, unfettered discretion to determine, according to their subjective interpretation on any activity and person as a potential threat to national security and of their detention. The unjust law has also created a climate of impunity and abuse of power with arbitrary powers extended to the police to arrest, detain and torture any person without being subjected to any accountability or judicial check and balance. The ISA in its investigation have often clearly contravened international humanitarian standards and religious principles of humane treatment of a person with dignity.

As such the ISA is contrary to fundamental principles of international law, including the right to liberty of the person, to freedom from arbitrary arrest, to be informed of the reasons for arrest, to the presumption of innocence, and to a fair and open trial in a court of law. The ISA is also prejudicial to development of human rights and democracy with its wider, intimidating effect on civil society, and a marked influence on the nature of political participation, democracy and accountability in Malaysia .

It’s a shame that despite 53 years of Independence from the British Colonial Masters, the government continue to defend the ISA and turning the blind eye on the critics and calls made by many Malaysian to repeal this draconian law. The act reveals the lack of political will to address the view of the people and its commitment to human rights and democracy. This is seen with the futile and failing effort by Prime Minister Najib Tun Razak to review and amend the ISA that remain a mystery and merely as a political gesture.

SUARAM is of the view that all detention-without-trial laws are a gross human rights violation and goes against the spirit of the Federal Constitution, as well as contravene Articles 9, 10 and 11 of the Universal Declaration of Human Rights (1981). We on this 50the Anniversary of Operasi Lalang hereby demand that the government:

1. Abolish all existing unjust laws such as the ISA, EO (Emergency Ordinance), DDA (Dangerous Drugs Act), and the RRA (Restricted Residence Act AND to release, or charge all those detained under this laws in an open court) with an immediate effect.

2. Close down immediately all detention centres for detainees held without trial, such as Kamunting and Simpang Renggam.

4. Awards compensation to all those who have been detained without trial, for being unjustly deprived of their liberty and denied their due rights.

5. Makes a public apology to all such detainees, past and present, and compensates them for the injustice, abuse and suffering inflicted on them during and as a result of their detention.

6. Investigates all complaints and cases of abuse, torture, inhuman treatment and abuse of power perpetrated on any detainees, past or present; prosecutes those responsible and sets up the Independent Police Complaints and Misconduct Commission as proposed by the Royal Commission on Police in 2005.

7. Recognizes respects and restores the proper powers of the judiciary, as an independent body, to provide a check and balance on the power of the police and executive, and repeals all laws which have removed such judicial oversight.

Released By,


Nalini.E
SUARAM Coordinator
019 3758912

CIJ condemns intimidation of lawyer, blogger, news site

Centre for Independent Journalism (CIJ) Malaysia
27C Jalan Sarikei, off Jalan Pahang
53000 Kuala Lumpur
Website: cijmalaysia.org
Email: cijmalaysia@gmail.com
Tel: 03 4023 0772
Fax: 03 4023 0769

 

27 October 2010

Media Release: CIJ condemns intimidation of lawyer, blogger, news site

The Centre for Independent Journalism (CIJ) Malaysia views with concern the investigations being conducted by the Malaysian communications regulator, the Malaysian Communications and Multimedia Commission (MCMC) into online reports of a speech by the Prime Minister Najib Abdul Razak.

The harassment began on 22 October, when officers from the commission visited the offices of online news site Malaysiakini.com, recording a statement from the editor-in-chief, Steven Gan. According to the news site, the officers were investigating Malaysiakini's reporting of the annual general meeting of the UMNO, one of the parties that make up the ruling Barisan Nasional coalition.

This was followed up by interrogation of blogger Wong Choon Mei, who writes the blog Malaysia Chronicle. The interrogation took place on Monday 25 October, and centred around a post where she reproduces some quotes from the Malaysiakini articles.

While Wong was told that she was being investigated for possible breach of Section 211 and 233 of the Communications and Multimedia Act 1998, she was denied access to legal counsel during the course of the questioning. Her lawyer, Latheefa Koya, was told that she would only be allowed to remain present if she also gave a witness statement. This is a clear breach of Article 5 of Malaysia's Constitution.

According to one report by a Malay-language daily, political party and BN member the Malaysian Chinese Association lodged a police report against Malaysia Chronicle, but it is unclear whether the MCMC investigation is a result of this report. There are no reports that the Prime Minister's Office has issued any clarification or rebuttal of the reports.

These investigations are a violation of the consitutional guarantee of freedom of expression and are clearly designed to intimidate the Malaysian online community, targeting certain news and information sites, given that similar articles and headlines have appeared in other publications with no problems from the authorities. In a country where print and broadcast media are tightly controlled by both ownership and legislation, the Internet provides an important space for political discussion and expression, a space guaranteed under Article 3 of the Communications and Multimedia Act.

CIJ recommends that the MCMC drop all investigations into both Malaysiakini and Malaysia Chronicle. We also remind the commission of the constitutional guarantees of both legal representation and freedom of expression, and hope that in future it will work to uphold these important legal principles. To ensure that it does not engage in future violations of the right to legal representation, we recommend it conduct an investigation into the conduct of the officers who denied this right to Wong.

For further information:

CIJ Executive Officer Masjaliza Hamzah

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The Centre for Independent Journalism, Malaysia (CIJ) is a non-profit organisation that aspires for a society that is democratic, just and free, where all peoples will enjoy free media and the freedom to express, seek and impart information.

71 Civil Society Groups: JVC Unjustly Discriminates Against Burmese Migrant Women Workers Who Claim Worker Rights

Media Statement – 21/10/2010

JVC Unjustly Discriminates Against Burmese Migrant

Women Workers Who Claim Worker Rights

We, the undersigned 71 civil society organizations and groups, would like to express our serious concern that JVC has indicated that they will not re-new the employment contracts of Pa Pa Aye and 15 other Burmese women migrant workers, who lodged a claim at the Labour Department claiming worker rights that the JVC company had violated, amongst them the wrongful deduction of their wages to recover levy that employers have to pay when they employ foreign workers. The other 7 workers, who complained, whose contract was renewed in August, will also be terminated and repatriated. The information contained in this statement has been provided by the affected workers.

JVC has its factory at Lot. No.1, Persiaran Jubli Perak, Jalan 22/1, Section 22, Shah Alam, 40702 Shah Alam, Selangor, Malaysia, and they manufactures cameras, video cameras and audio equipment components, amongst others.

On 21/7/2010, Pa Pa Aye and 22 other women migrant workers lodged a complaint at the Subang Jaya Labour Office in Malaysia. Amongst their demands were for the return of monies wrongly deducted from their wages for levy the employer had to pay to the Malaysian government for employing migrant workers, other unlawful deductions like transfer fees, saving funds, etc amounting to about RM3,500-00, and for the return of the Passports which are still wrongly being held by  the employer . They were also claiming for the balance of the wages that they were entitled. According to the workers, the employer was to pay them much more about RM50 per day but they were only paid the sum of RM23.

On 6/8/2010, after night shift when the women workers were being transported back to their homes, their bus took a different route, and suddenly stopped where the agent was waiting. The agent then called one of the Burmese women migrant workers who had complaint to the Labour Department and asked her to leave the bus and follow him. The workers suspected that the agent was trying to get the worker sent back to Burma, and they stood together and prevented the agent from taking the worker. The workers then lodged a police report about this incident. There have also been other cases of harassment, whereby in one incident 3 men entered the women’s hostel and threatened them.

The workers, through their representatives, which included an officer from the Malaysian Trade Union Congress (MTUC) also complained about this incident to JVC, and JVC gave the assurance that this will not happen again and they guaranteed that all workers could continue to work in JVC.

On 12/8/2010, the agent tried to force the workers to sign a new contract, but all workers refused to sign it. The pressure on the workers to sign the new contract took place at the factory compound. Later on the same day the JVC’s Human Resource Manager, one Mr. Mazlan, and the HR Assistant Manager, one Ms. Ida, also tried to pressure the workers to sign the new contracts. The new contract was written in English only (just like their old contract). The workers to date do not have a copy of their old contract, as they were never given a copy. The new contract allegedly stated that their daily salary will be reduced to RM21, which is RM2 less than what the workers have been getting until now.

On 25/8/2010, the Burmese workers informed us that JVC had summarily dismissed 30 Sri Lanka women migrant workers in retaliation for their demand that JVC pay them their promised monthly salary of RM750. After the dismissal JVC and the agent, Fast Link Trans, began forceful repatriation of the workers. On 28/8/2010, 8 Sri Lankan workers were allegedly sent home. These workers apparently never received the amount owing them and/or any compensation for premature termination of their contract.

On 8/9/2010, JVC’s Human Resources Officer, in the presence of the Labour Officer and the agent’s representative from a company known as Fast Link Trans, tried to return to the Burmese workers the amount they said was the levy that had been wrongfully deducted from the wages and asked the workers to sign a document which was in English. The workers refused as the amount offered was far less than the sum deducted, and  they did not want to sign any document which was in a language they did not know.

The company also refused to give a copy of the document to enable them to get an independent person who spoke Burmese to translate its contents to them.

On 28/9/2010, the agent informed the workers that when their current annual contract expires, their contracts will not be renewed and they will all be sent back to Burma. The contracts of 15 of these workers’ contract will expire in October, and the rest by the end of the year. Pa Pa Aye’s own contract expires in early November. The contracts of 7 others which expired in August have already been renewed. Later, on about 7/10/2010, the agent informed the workers that all 23 of them will be terminated and sent back to Burma. The process of forced repatriation of the Burmese workers has already begun with one worker being sent back to Burma on 9/10/2010.

It must be stated that according to the workers, when they came to Malaysia to work with JVC the agreement was that they will be employed for a period of at least 3 years, but when they arrived and started working, they were made to sign 1-year contracts with the verbal assurance that it will be renewed every year for at least a total of 3 years. The threat of early termination and deportation is also wrong and discriminatory as JVC has continued to renew contracts of others who had started work around the same time as these Burmese migrant workers.

Any early termination, and/or non renewal of the 1-year employment contracts by JVC can reasonably be seen as a retaliation of the company against workers who have elected to claim their rights as workers. Their case at the Labour Department is pending, and a termination and repatriation back to Burma will mean that the workers will not be able to continue to pursue their claim in the Labour Department/Court as the presence of the worker in the hearing of their claims against the employer is compulsory, and their absence will mean that their case will just be struck off,

We, the undersigned groups, call upon JVC to respect worker rights and their right to access to justice and not cause these 23 Burmese workers to be terminated and deported.

We  urge that JVC to respect the law and the legal process initiated by the lodging of the complaint by the workers at the Labour Department, and to respect and abide with the outcome of the hearing at the Labour Court. Workers should not be terminated and/or discriminated against by reason of the fact that they choose to demand for their rights or better rights as workers. For those who have already been repatriated back to their country of origin, including those workers from Sri Lanka, JVC must compensate them for their expenses in coming to Malaysia to work, and for the early termination of their employment.

We call on JVC to act justly and not to terminate these workers, and to renew their contract so that they can pursue their claims until completion. JVC should also adhere to their earlier promise that these workers will be employed for a period of at least 3 years, for migrant workers do expend a lot of money (850-1,000 USD) when they do come to Malaysia to work and any early termination and breach of rights will only leave these workers in a worse situation as they may not be even to settle the debts they incurred in coming here to Malaysia to work.

We call on Human Rights Commission of Malaysia (SUHAKAM) to inquire into this complaint concerning the violation of worker rights by JVC.

We also call on the Malaysian government and the Human Resource Minister to ensure that no workers are terminated and/or discriminated against by reason of the fact that they have stood up to claim their rights as workers.

The Malaysian government should also ensure that no migrant worker is terminated and/or repatriated back to their country of origins until the employer has fully settled all outstanding worker claims and/or payments. If migrant workers are terminated, the Malaysian government must ensure that these workers are allowed to stay and work legally in Malaysia until all outstanding claims and legal processes are settled. If special passes and visas are required to ensure workers ability to stay and work legally, it must be given gratis without requiring the workers to pay anything. Worker cases must be expedited, and independent translators should be available at all Labour Departments and courts.

Labour rights must take precedent over immigration law. Do not deport until worker claims are determined and settled by Labour Department and/or courts.

Charles Hector

Pranom Somwong

For and on behalf of the following 71 organizations

ALIRAN,  

Asia  Pacific Forum on Women ,Law and Development ( APWLD)

Asia Pacific Mission for Migrants (APMM)

Asian Migrants Center (AMC)

Assistance Association for Political Prisoners (Burma)

BAYAN USA

BUGKOS

Building and Wood Workers International Asia Pacific Regional Office

Burma Campaign, Malaysia

Burmese Women's Union (BWU)

Coalition To Abolish Modern-Day Slavery In Asia

Committee for Asian Women (CAW)

Community Development Services (CDS), Sri Lanka

Coordination of Action Research on AIDS & Mobility (CARAM-ASIA)

Democratic Party for a New Society (DPNS), Burma

FICAP – Aichi

Filipino Migrants Center – FMC

Forum for Democracy in Burma

GABRIELA – Japan

Gabriela-Taiwan

Grassroots Human Rights Education & Development (GHRE-FED), Thailand

Human Rights Education Institute of Burma

IHI Action Group (Iwi Have Influence), New Zealand

IMA Research Foundation, Bangladesh

Kachin Women's Association, Thailand

KAFIN – Nagoya

KL & Selangor Chinese Assembly Hall Youth Section

League of Filipino Seniors (LFS)

Legal Support for Children and Women (LSCW), Cambodia

MADPET - Malaysians against Death Penalty and Torture

Malaysia Youth and Students Democratic Movement (DEMA)

MAP Foundation, Thailand

May 1st Coalition, Co-Coordinator, USA

Mekong Migration Network ( MMN)

Migrante Aotearoa New Zealand

Migrant Forum in Asia (MFA) 

Migrante-Denmark chapter

Migranteng Ilonggo sa Taiwan

Migrante International

Migrante international - Hsinchuang chapter

Migrante International - Taiwan chapter

Migrante-Middle East and Migrante-Saudi Arabia chapter

MIGRANTE – Nagoya

Migrants  Trade Union (MTU), Korea

Migrant Workers Network – New Zealand

National League for Democracy [NLD (LA)], Malaysia

Nepal Institute of Development Studies( NIDS) ,NEPAL

Network for Empowerment of Women in Vietnam

Network of Action for Migrants in Malaysia (NAMM)

Parti Rakyat Malaysia (PRM)

Penggerak Belia Zon 23 MPSJ, Malaysia

Persatuan Masyarakat Selangor & Wilayah Persekutuan, Malaysia

Persatuan Penduduk Taman Muhibbah, Malaysia

Persatuan Prihatin Komuniti KL & Selangor

Philippine Society in Japan – Nagoya

PINAY (Montreal)

Pusat Komas, Malaysia

Persatuan Sahabat Wanita Selangor, Malaysia

Shan Refugee Organization (Malaysia)

Shan Women Action Network (SWAN), Thailand

Suara Rakyat Malaysia (SUARAM)

Tenaganita, Malaysia

The Federation of Trade Unions Burma (FTUB)

The Filipino Women's Organization in Quebec

The National Human Rights Society (Persatuan Kebangsaan Hak Asasi  Manusia, HAKAM), Malaysia

The Shwe Gas Movement

Unite Union New Zealand

Women Empowerment Association

Workers Hub for Change (WH4C)

Yaung  Chi Oo Workers Association  ( YCOWA)

Yayasan Annisa Swasti (YASANTI), Indonesia

JERIT: Kerajaan BN Tunduk kepada Kuasa Pekerja! Rang Undang-Undang pinda Akta Pekerjaan Ditarik Balik !

GABUNGAN PEKERJA KILANG & KESATUAN SEKERJA (GPKK)

JARINGAN RAKYAT TERTINDAS (JERIT)

d/a 72B, Taman Sri Langat, Jalan Reko, 43000 Kajang, Selangor

Tel/Faks: 03-87370766 Website:www.jerit.org

 

Kerajaan BN Tunduk  kepada Kuasa Pekerja!

Rang Undang-Undang pinda  Akta Pekerjaan Ditarik Balik !

Berita gembira untuk seluruh warga  pekerja ! Hari ini, Kerajaan BN telah akur kalah kepada kuasa pekerja! Timbalan Menteri Sumber Manusia, Datuk Maznah Mazlan mengumumkan bahawa Rang Undang-undang pinda Akta Kerja 1955 ditarik balik tanpa memberi sebarang alasan di sesi Parlimen yang sedang berlangsung kini. 

Sebelum ini, Kementerian Sumber Manusia (KSM) yang bersekongkol dengan kaum kapitalis bercadang untuk menggadai hak pekerja Malaysia dengan membuat pindaan terhadap tiga undang-undang pekerjaan iaitu Akta Kerja 1955,  Akta Perhubungan Perusahaan 1967 dan Akta Kesatuan Sekerja 1959. Pindaan-pindaan yang dicadangkan oleh KSM ini adalah yang paling teruk dalam sejarah pekerja di Malaysia dan hanya memihak kepada pihak majikan. 

Jaringan Rakyat Tertindas (JERIT) percaya keputusan terburu-buru KSM untuk tarik balik pindaan akta ini adalah akibat bantahan serta tekanan yang berterusan oleh para pekerja serta kumpulan-kumpulan masyarakat yang lain. 

Sebelum ini, JERIT telah mengedarkan lebih 30,000 risalah kepada rakyat umum di seluruh Malaysia berhubung pindaan-pindaan ini. Malah, JERIT juga telah melancarkan kempen faks  membantah pindaan ini dan banyak kumpulan telah Faks surat bantahan mereka kepada KSM untuk bantah pindaan yang dicadangkan. 

JERIT bersama badan-badan bukan kerajaan yang lain juga telah mengadakan sidang akhbar, ’online petition’ ”public leafletting dan lain-lain aksi untuk memberi kesedaran kepada orang umum berhubung pindaan ini serta menyeru orang ramai untuk terus memberi penekanan kepada KSM. 

Hari ini 12/10/2010 JERIT bersama Parti Sosialis Malaysia (PSM)  telah merancang untuk mengadakan piket serentak di 7 tempat di Selangor dan Perak untuk menunjukkan bantahan pekerja terhadap pindaan yang dicadangkan oleh KSM sebelum mengadakan protes besar-besaran di Parlimen pada bulan November. Akan tetapi beberapa jam sebelum piket diadakan Timbalan Menteri KSM Datuk Maznah telah mengatakan di parlimen bahawa kerajaan akan tarik balik bill pindaan Akta Pekerjaan yang dicadangkan.  

Jelas di sini, Kerajaan BN terpaksa akur kepada kuasa rakyat yang terus memberi tekanan. Tanpa kuasa rakyat  dan tekanan berterusan , perkara ini tidak akan berlaku.  Syabas kepada seluruh warga pekerja! Ingat! Anda tiada apa untuk dihilangkan kecuali rantai penindasan! Hidup Rakyat! Hidup Perjuangan Rakyat!

Parameswari.

JERIT

12/10/2010

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JARINGAN RAKYAT TERTINDAS(JERIT)

SUARAM: Lawyers Arrested: Police Denying Citizens The Right To Know Their Rights

Press Statement: 11 October 2010

Lawyers Arrested:

Police Denying Citizens The Right To Know Their Rights

SUARAM strongly condemns the police for the arrest and detention of 4 legal aid volunteers who were distributing pamphlets on police remand powers.

Those arrested were lawyers Jason Kong & Chan Khoon Moh; and chambering students Norashikin & Mohd Azwan, from the Bar Council’s Legal Aid Centre (LAC). They were arrested while distributing the Bar Council’s “Red Book: Police and Your Basic Rights” to members of the public at a mall in Bukit Jalil, part of the activities of the National Law Awareness Week recently launched by the Bar Council.

The four volunteers had received permission from the mall management for their leafleting but were stopped by the police officers and asked if they had a permit. After examining the “Red Book”, the police officers deemed that it was an “anti-police” publication, requested their ICs and asked them to come to IPD Sungei Besi to give their statements. They were taken to the Sungei Besi IPD around 3:00pm and were released some three hours later without charge. No statements were taken and earlier confiscated copies of the “Red Book” were returned to them

It should be noted that the police officers did not follow procedures in their questioning of the volunteers by forcibly compelling the volunteers to follow them to IPD Sungei Besi by holding onto their identification cards. This is a clear violation of police procedure, since the four of them were not suspects in any criminal case.

SUARAM is concerned with the arbitrary arrest and detention of the volunteers as it is a blatant abuse of power and shows disregard for the human rights principles enshrined in the Federal Constitution and the Universal Declaration of Human Rights. Article 19 of the UDHR states that “Everyone has the right to freedom of opinion and expression; …and to seek, receive and impart information and ideas through any media… regardless of frontiers.” Article 10(1) of the Federal Constitution also guarantees the freedom of speech and the right to assemble peacefully of every Malaysian citizen.

SUARAM is also disturbed to learn that the reason given in arresting the lawyers was having materials deemed to be “anti-police”. SUARAM is of the view that it is the right of citizens and organisations to hold and impart critical opinion on a public administration due to the fact that the police are directly accountable to the public. The practice of deeming a document “anti-police” and subjecting the persons to arrest and detention is unacceptable in a democratic country like Malaysia.

SUARAM demands that the newly appointed Inspector-General of Police, Tan Sri Ismail Omar to walk the talk of his 4P (Proactive, Protective, Performance-oriented and People-oriented) plan by stopping the use of intimidation by police officers in the discharge of their duties. The IGP should also ensure that police officers practice the principles of human rights in their duties and also that policing is more compliant to the standards of human rights and prescribed laws.

SUARAM also calls for the implementation of the IPCMC as recommended by the Royal Commission on Police to hold the police accountable over their abuse of power and human rights.

If anything, the PDRM should realise that any initiatives to empower citizens with the knowledge of their rights in terms of police powers would also benefit the PDRM in the long run, at the very least in lessening the instances of people impersonating police officers.

SUARAM also hopes that the irony of the lawyers’ arrest for distributing a pamphlet; launched in 2006 by de facto Law Minister Datuk Seri Nazri Aziz; and which provides information on what to do when stopped, arrested or questioned by the police; is not lost on the IGP.

 

Released by,

Hasbeemasputra Abu Bakar

Coordinator

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Hasbeemasputra Abu Bakar
Documentation & Monitoring Coordinator
Suara Rakyat Malaysia (SUARAM)

SUARAM: Political Cartoonist Arrested: More Government Crackdowns to Limit Freedom of Expression

Political Cartoonist Arrested:

More Government Crackdowns to Limit Freedom of Expression

SUARAM condemns the arrest of cartoonist Zulkiflee Anwar Ulhaque (better known as Zunar), which points to the continuing trend of intimidation to curb freedom of expression in the country.

10 police officers from the Brickfields police station, led by ASP Arikrishnan Apparau, raided his office premises at 4pm on 24^th September and seized 66 copies of his latest book, Cartoon-o-phobia, which was due to be launched that night.

Zunar’s arrest under the Sedition Act and the banning of his previous 3 books - 1 Funny Malaysia, Perak Darul Kartun and Isu Dalam Kartun, appears to be the latest of the numerous examples of the government’s attempts to intimidate and selectively target certain public personalities to shrink the public space for free expression and discussion, and to silence voices of dissent.

Zunar’s critical stance towards the BN government in his books has made him a target for harassment and persecution by the government. As such, SUARAM denounces this arrest as yet another form of abuse of power by the police, which appears to be acting at the behest of the government in its ongoing attacks and intimidation on freedom of expression – a fundamental right which is guaranteed under the Universal Declaration of Human Rights and the Federal Constitution of Malaysia.

During the arrest, Zunar was moved to multiple police stations, starting from Brickfields, and finally ending up in Sepang. This ‘roadshow’ was unnecessary since he could’ve had his statement taken at Brickfields and released on police bail. His lawyer was also not given adequate notice for his remand hearing and the remand order was given without his lawyer being present. This is a clear abuse of power; a denial of Zunar’s right to justice; and a contravention of the legal process, where the judiciary is supposed to protect the rights of detainees.

SUARAM therefore strongly urges the government to immediately stop its harassment and persecution of those who exercise their constitutional right to hold and express views and opinions, including those critical of the government and its policies.

The clear violations of fundamental human rights in the government’s ongoing attacks on freedom of expression brings to question Malaysia’s commitment to the very basic and minimal human rights standards which are universally accepted and observed, let alone its obligations as a current elected member of the UN Human Rights Council.

Released by,

Hasbeemasputra Abu Bakar

Coordinator

CCM Youth: IN SUPPORT OF ABOLISHING THE DEATH PENALTY AND APPEAL TO REFORM CRIMINAL LAWS

IN SUPPORT OF ABOLISHING THE DEATH PENALTY AND APPEAL TO REFORM CRIMINAL LAWS

PRESS STATEMENT

Kuala Lumpur - 2 September 2010.  CCM Youth refers to the Sunday Star special focus feature on the death penalty and the Sunday Star report entitled “Abolish death penalty, it’s incorrect to take someone’s life, says Nazri”, both articles dated 29 August 2010¹.

We take this opportunity to openly thank our Malaysian Government, in particular, our Law Minister and Minister in the Prime Minister’s Department, Datuk Seri Nazri Abdul Aziz for his frank and open call to abolish the death penalty, as well as our Foreign Minister Dato’ Sri Anifah Hj Aman, in appealing to the Singapore Government for the clemency of fellow Malaysian, Yong Vui Kong against his death penalty conviction for drug trafficking.

We bring to the public’s attention a similar case of Umi Azlim Mohamad Lazim in 2009 who was also sentenced to the death penalty in China for a similar offence.  In this case, the Chinese Government subsequently reconvened on the death penalty after having taken into consideration the full background of the case, the circumstances and clemency appeals by our Government. Consequently, the Chinese government commuted her death sentence to life imprisonment in March 2010. We also noted that the Chinese government is the latest country looking into reforming their criminal laws with the view to abolishing death penalties for non-violent related crimes, following a worldwide trend to abolish the death penalty.

We extend our full support on all the points raised by many distinguished parties, such as former High Court and Court of Appeal judge Datuk K.C. Vohrah, Suhakam Chairman Tan Sri Hasmy Agam, and Bar Council vice-president Lim Chee Wee, among others, which has further strengthened the call to abolish the death penalty by Datuk Seri Nazri².

In line with this, CCM Youth is appealing to our Government to heed to strong public opinion, and exercise its political will to implement the following constructive steps which are outlined below for consideration:-

1. Announce a Moratorium on the Death Penalty

We urge our Government to duly comply with the Resolution adopted by the U.N. General Assembly on 18 December 2007 calling for a moratorium on the use of the death penalty and eventual abolishment of such penalty. In reference to this Resolution, we appeal to our Government put into motion a thorough review of the criminal laws pertaining to capital punishment through our Malaysian Law Reform Committee, with the view to “progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed”.

2. Remove the Mandatory Death Penalty

Following the above, we seek the Government to begin with the cessation of capital punishment as a mandatory sentence, avoiding it as far as possible.  We ask that judges be provided with full discretionary authority to look into all aspects of each individual case to ensure that justice is fully served, allowing for the commuting of the death penalty for non violent cases to life imprisonment as a start. We seek for such removal to begin with the current death row inmates for non violent cases to be commuted to life imprisonment with immediate effect.

3. Abolish the Death Penalty from the Judiciary System

We believe that Malaysians of all religions hold on to the sanctity of human life as divinely given by God.  As Christians, we also share this same belief that it is God who gives life to human beings (Genesis 1:26-28; Genesis 2:18-23) and it is also He who prohibits human beings from taking another’s life (Genesis 9:6).  

We fully agree that the offender is to be held accountable for his or her actions and he or she must accept responsibility for the pain caused. As in the case of David (2 Samuel 12:10-12) and Paul (Acts 9:15-16 c.f. 2 Corinthians 11:30), the requirements of restitution are not abrogated.

There is also the essential requirement for the victim’s loved ones to have their anguish and loss acknowledged, their anger affirmed, and their questions answered to help them deal with what has happened and to allow healing and restoration to happen.³

Retributive justice has its limitations.  It  has been well documented that bitter, hateful revenge, by contrast, has no real therapeutic value in the treatment of grief, nor does it promote social well-being in the long run.⁴ Furthermore, we cannot ignore that society too has its share in the social maladies that spawn the crime.⁵   Neither can we ignore the possibility that capital punishment to-date is still subjected to painful prejudicial discrimination by race, economic class, and gender.⁶  These are surely harsh realities that appear inconsistent with the Biblical teachings of Jesus in Luke 4:18-19.

Contrary to popular views, the cost of implementing capital punishment is actually no less compared to lifelong incarceration⁷ but the impact would be far reaching if the money were instead channelled to developing victim-support plans or crime-prevention policies.⁸

Also we are already all aware of arguments from articles and studies showing that capital punishment works poorly as a deterrent to serious crime⁹, neither does it protect the innocent¹⁰ and demands of justice¹¹ are arguably not met entirely as well.

Undeniably, as Datuk Seri Nazri articulated, the frequency in miscarriage of justice in carrying out capital punishment is extremely troubling because, unlike all other judicial mistakes, it is irrevocable.¹²   It should never be forgotten that to carry out an execution, it requires deliberate, carefully planned, and premeditated killing of another human being, so much so that those who have had to supervise or carry out these executions often speak of its devastating impact on them.¹³   This continues to prove that it is against human nature to take lives and God’s prohibition to do so.

In conclusion, CCM Youth reiterates our call for the Government to table this matter urgently as a show of consistent and united action following our country’s appeal to fellow ASEAN counterpart, Singapore, who shares the same capital punishment laws as ours. 

We need to urgently set into motion plans to protect the basic human rights of all people made in the image of God and set an example to regional ASEAN leaders in this same call to abolish the death penalty. By doing so, we believe that Malaysia will lead as a moral and compassionate society, promoting peace and justice through reconciliation and rehabilitation rather than retribution.

Thank you.

Yours sincerely,

 (signed)

Daniel Chai

Youth Secretary

CCM Youth

Email: ccmyouth@gmail.com

September 2, 2010

Source: IN SUPPORT OF ABOLISHING THE DEATH PENALTY AND APPEAL TO REFORM CRIMINAL LAWS