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

--
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

LLG: Menolak ekstremis perkauman, Mempertahan hak kebudayaan semua kaum

Menolak ekstremis perkauman, Mempertahan hak kebudayaan semua kaum

Aug 25, 2010 02:04:48 pm

 

Pusat Pembangunan Kebudayaan LLG berasa khuatir terhadap kenyataan dan tindakan perkauman secara berleluasa baru-baru ini, lebih memeranjatkan ialah sehingga kini Perdana Menteri dan Timbalan Perdana Menteri berdiam diri dalam isu-isu tersebut, ini mengakibatkan rakyat hilang keyakinan terhadap slogan inklusif umpamanya "Satu Malaysia" dan "Rakyat Didahulukan" yang diketengahkan Perdana Menteri selepas mengambil alih pemerintahan kerajaan.

Dua orang guru besar sekolah kebangsaan memaki murid-murid "balik China" dan mengejek gelang keagamaan Hindu yang dipakai oleh pelajar India seperti rantai anjing. Pada awalnya, alasan yang diberikan oleh pejabat pendidikan ialah "salah faham", tetapi selepas dikecam oleh parti-parti politik dan pertubuhan-pertubuhan, Timbalan Perdana Menteri baru berkata isu ini akan disiasat.

Di samping itu, Majlis Perundingan NGO Melayu (MPP) dan PERKASA mahu kerajaan menahan Presiden MCA Chua Soi Lek (gambar kiri atas) di bawah ISA kerana menyokong cadangan kuota 30% bumiputera dimansuhkan; MPP menyaran kerajaan memansuhkan sekolah ibunda; Utusan Malaysia cuba mengapi-apikan isu pemansuhan kuota bumiputera dan perlembagaan baru, sebuah surau Seremban disimbah cat merah; amat kesalnya pimpinan tertinggi kerajaan tidak mengkritik perkembangan kurang sihat ini.

Kami berharap Perdana Menteri dan Timbalan Perdana Menteri "cakap serupa bikin", menjaga konsep inklusif dan kepelbagaian yang diketengahkan, mempertahan hak-hak kebudayaan semua kaum dan sekolah ibunda, jangan biar kenyataan dan tindakan ekstremis perkauman merosakkan hubungan kaum.

Satu lagi kekhuatiran ialah, sejarah telah menunjuk-ajar kita, bahawa dalam satu negara berbilang kaum yang politiknya belum berlandaskan demokrasi, spekulator politik sering menggunakan alasan "hubungan kaum tegang" untuk menindas musuh politik dan pihak berlainan pendapat, ia menghalang perkembangan sihat demokrasi.

Pihak tertentu telah memberi amaran bahawa fenomena-fenomena ini telah timbul di Malaysia. Kami ingin memperingatkan Perdana Menteri dan Timbalan Perdana Menteri, jika kerajaan berhasrat menjadikan Malaysia sebuah Negara maju, tidak wajarnya patah balik dalam arah perkembangan politik sekarang, mereka harus mencegah perlakuan tersebut.

Pusat Pembangunan Kebudayaan LLG berpendapat, bagi fenomena perkauman berleluasa ketika ini, puncanya ialah ideologi perkauman yang telah diinstitusikan selama ini. Politik perkauman yang melaksanakan pecah dan perintah, Pemuda UMNO menjulang keris dan mengugut akan membakar Dewan Perhimpunan Cina KL-Selangor, kenyataan diskriminasi perkauman terang-terang Ahmad Ismail dan Nasir Safar, unsur-unsur perkauman yang diindoktrinasikan oleh Biro Tata Negara - tanpa "teladan negatif" semua ini, sekolah dan media tidak akan dijangkit virus perkauman.

Perdana Menteri Najib Razak mesti berani menghapuskan ideologi perkauman yang diinstitusikan, memimpin Barisan Nasional keluar daripada kongkongan politik perkauman, jika tidak "Satu Malaysia" akan menjadi satu kenyataan hampa.

*Kenyataan media oleh Toh Kin Woon selaku Presiden Pusat Pembangunan Kebudayaan LLG.

SUARAM: Changes to Immigration Detention Centres Must Respect Human Rights

Press Statement: 26 August 2010

Changes to Immigration Detention Centres Must Respect Human Rights

SUARAM welcomes the Malaysian Government’s move to review the management and upgrade the facilities of Immigration Detention Centres. National and international human rights organisations have long raised concerns regarding the deplorable conditions and poor management of detention centres but up until now, the Government has repeatedly denied such claims. By acknowledging the dire conditions at the detention centres, it stands to reason that the Government can no longer ignore this issue.

It was announced that the Government intends to revamp the detention centres within the next 3 months. However, SUARAM is concerned about some aspects of the announced plans which are as follows:

*1.      **Reinstating RELA to manage security*

In November 2007, when the management of immigration detention centres were transferred from the Prisons Department to the Immigration Department, RELA personnel were deployed as the Immigration Department lacked personnel. Mid-2009 onwards, RELA personnel were withdrawn from the detention centres.

During the period that RELA assisted in managing the detention centres, there were many allegations of poor treatment of detainees by RELA personnel, including verbal, psychological and physical abuse.

SUARAM is disappointed that the Government has made a u-turn on this decision by now including RELA in the management of the detention centres again. We have repeatedly argued that RELA personnel should not be given powers to act as law enforcement agencies as they do not have adequate training.

*2.      **Explore alternatives to detention*

As most migrants detained in immigration detention centres are detained for flouting immigration laws and are not criminals, detention should be used as a last resort. If there is a need for them to be held for processing
purposes, alternatives to detention must be explored such as those currently practiced in Australia, including community detention or case management[1]

Detention should not be the first option particularly when it comes to refugees, asylum seekers, stateless persons, children and trafficked victims. Refugees, asylum seekers, stateless persons and trafficked victims
cannot be deported, and as such should be released.

*3.      **Security should not be the main concern*

Based on news reports, it seems like the Government is more concerned about the security aspect of immigration detention centres rather than the welfare of the detainees. SUARAM is of the view that adequate attention must be given to fulfilling the basic rights of the detainees. These include providing clothing, bedding, adequate clean water, sufficient diet, on-site access to health care, personal sanitary supplies, and daily activities.

In line with these serious concerns, SUARAM calls on the Government to:

·         Stop the use of RELA in the management of immigration detention centres.

·         Stop the detention of refugees, asylum seekers, stateless persons, trafficked victims and children.

·         Explore alternatives to detention as a method to minimise the use of detention as first resort for those who have violated immigration laws.

·         Ensure that the Standard Operating Procedures (SOP) for the management of immigration detention centres complies with international human rights standards such as the UN Standard Minimum Rules for the Treatment of Prisoners and the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.

·         Hold regular consultations with civil society and stakeholders to openly discuss and receive recommendations on how to improve the management of immigration detention centres.


Released by,

Temme Lee
Coordinator

[1] International Detention Coalition (2009) “Case management as an alternative to immigration detention: The Australian Experience”, at  http://idcoalition.org/wp-content/uploads/2009/06/casemanagementinaustralia.pdf, accessed 25 April 2010.

AWAM Urge for More Research on Dumping Babies’ Issue

24 August 2010

Letter to Editor, 

All Women’s Action Society (AWAM) Urge for More Research on Dumping Babies’ Issue

Baby dumping is not something new and the recent spate of incidents finally attracted the attention of the authorities. This provoked the usual knee-jerk reactions.  PAS blaming Valentine’s & New Year’s day celebrations and authorities condemning motor bikes ride with the opposite sex as pillion rider, are just some of the ridiculous reactions, which reflect the serious lack of analysis and understanding of the issue.

It is important to conduct proper studies and delve deeper into the issue before meting out unqualified, harsh and judgmental ‘punishments’ which will not only destroy any persons but also not offer any solutions. It is often through fear of being subjected to harsh reprimands, rehabilitation and stigmatisation that forces people to dump babies. Hence, the first step would be to create a safe environment where these people know that they can go to – to be helped, to be listened to, to be understood and to be cared for. 

AWAM would like to stress that baby dumping is not about a sexual relationship, but about the need for solid sex education which includes the respect of the body and responsible relationships. AWAM therefore, strongly advocates sound sex education, beginning from the home and in both primary and secondary schools. This is in the hope that with knowledge and reliable information, people would be able to make responsible and informed choices in their lives. This will ultimately save lives!

Haslina Yacoob

President of AWAM

ALIRAN: Abandon inquest: Set up Royal Commission of Inquiry

Abandon inquest: Set up Royal Commission of Inquiry

Friday, 13 August 2010 19:50

The inquest into the death of Teoh Beng Hock has been totally discredited. Nobody is going to believe the coroner’s verdict. The latest sham that has emerged - claiming the discovery of a mysterious note - only seems to suggest what that verdict is likely to be. We were told that the findings of the Teoh Beng Hock’s death would be made known within two months. Now after more than one year, we are nowhere nearer the truth; no one is any wiser when the findings would be concluded. All that we have witnessed are delays and denials adding to the agony and anguish to the Teoh family. It is unfair to them that they should suffer this dereliction without any sign of closure to this tragedy. When one is seeking the truth, no stone should be left unturned; no scrap of evidence should be overlooked. But – unfortunately – this wasn’t the case in this inquiry. According to the investigating officer, he found a note in Beng Hock’s sling bag but put it aside because he “did not realise the significance of it”. What gave him that right to come to this conclusion? His duty and business should have been to sieve through every item that was in that sling bag for possible clues. But he behaved like a clueless amateur displaying a total lack of discernment. The Attorney-General’s clarification - that when this note was finally brought to his attention on 7 October 2009, he wanted further investigations to be carried out - is indeed baffling. He should have tendered this to the coroner for the court to determine its authenticity and relevance to the case. To submit this so-called “new evidence” some 10 months later is totally unacceptable. It only raises questions of ethics and propriety. From whatever angle one may look at this situation, there is only one inevitable conclusion and that is evidence has been clearly and surreptitiously suppressed. Instead of assisting by all means to arrive at the truth, the AG’s Chambers have not acted in a transparent and honest manner by hanging on to this so-called “new evidence” that suddenly seem to have assumed “significance” now. This so-called “new evidence” has unfairly disrupted the entire process/proceedings so far and made the inquiry untenable. If it had been tendered from the very beginning, the trend of questioning would have taken a different form and direction. There seems to be a contradiction in the statement issued by the AG’s Chambers as to when the note was discovered. In Paragraph 4, it is stated, “According to the investigation officer, it was not found when he first searched the deceased's sling bag after the incident.” But in Paragraph 10, we are told: “However, recently the investigation officer owned up by admitting that he did in fact find the note when he searched the sling bag on July 17...” What then is the truth? In Aliran’s view, the inquest has been totally discredited and therefore should be disbanded/discontinued; it should make way for the setting up of a Royal Commission of Inquiry. Anything short of this would be a travesty of justice. P Ramakrishnan President 13 August 2010