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Showing posts with label ISA. Show all posts
Showing posts with label ISA. Show all posts

Sunday, January 6, 2008

They lit off candles of the oppressed


Courtesy of Malaysiakini

No matter what had happened, anti-ISA candlelight vigil at Dataran Merdeka last night was a success. It was truly overwhelming because less and less concerned citizens are afraid of the oppressors.

PAS Youth Chief, Salahuddin Ayub told me, “Look! People are not afraid of the police. They are here despite all the warning and barricades”.

They can lit off the candles of the oppressed with their water canon, but can they lit off the spirit of the oppressed?

Image
Salahuddin, his wife, their younger son and other concerned citizens (Courtesy of Harakahdaily)

Related:
Anti-ISA vigil dispersed with water cannon (Malaysiakini)
Malaysian riot police break up rally to protest detention without trial law (IHT)
Malaysians seek scrapping of national security act (PTI)
Malaysian police use water cannon on candlelight protest (Channel NewsAsia)
Protesters in Malaysia hold candlelight vigil against ISA (The Hindu)
Candle-light vigil against ISA in Malaysia (The Hindu)
Malaysian police break up rights rally (TVNZ)
Cops forced to use water cannon to disperse protesters (The Star)
Police disperse illegal assembly on ISA (Bernama)
Police disperse illegal rally at Dataran (NST)
Anti-ISA candlelight vigil disrupted by police (Ronnie Liu)
Anti-ISA vigil dispersed with water cannon... (Kak Ton)
Water cannon to disperse anti ISA Movement crowd (ProMahathir)
More Water Cannon! (Mofie)
Sipa Press: Peaceful candlelight vigil for ISA detainees IV (Saidul A Shaari)
They Could Have Approve It -(Melvin Mah)

Friday, December 21, 2007

The unholy trinity

The Deputy Minister of Internal Security, Johari Baharum, made the decision to investigate the organised crime syndicate. Johari also made the decision to detain half a dozen or so leaders of this organised crime syndicate, which included the number two man, 'Tengku' Goh. Johari signed the order to send them to Simpang Renggam for detention or, in the case of 'Tengku' Goh, for Restricted Residence in Kelantan.

Active Image

From Malaysia Today with due respect to the author, Raja Petra Kamarudin

You may have heard of the unholy trinity of Putrajaya -- the father, the son, and the holy ghost. No, Jesus Christ does not live in Putrajaya, so abandon your plan of rushing there this Tuesday. The father we are talking about is Prime Minister Abdullah Ahmad Badawi, his son, Kamal, and his son-in-law, Khairy; whom some would rather place closer to the devil than a holy ghost. Even with the arrival of Gabriel, Khairy's son, the unholy trinity cannot receive the blessing of being transformed into a holy trinity.

While all eyes are focused on this 'First Family' unholy trinity, there is, however, another unholy trinity that has thus far remained unnoticed and has been quietly going about doing their evil deeds without any spotlight and fanfare on what they are doing. This is the unholy alliance of the Attorney-General (A-G), the Inspector-General of Police (IGP) and the head of the Anti-Corruption Agency (ACA).

Let us take a step back for the benefit of those who have not been following developments in Malaysia Today to recap what has transpired thus far.

The Director of the Commercial Crime Division (CCD) is currently in Mekah performing his Haj. Even as he circumbulates the Ka'bah, the ACA is preparing a new round of charges in which to slap him with on his return home to Malaysia. It makes one wonder whether God really listens to your prayers in spite of you offering them in front of His 'house', as what Muslims believe the Ka'bah to be. Maybe God has chosen to maintain a policy of non-intervention, which will dovetail with the Muslim belief that God will not change your fate unless you take steps to change it yourself.

Yes, God will not do your job for you. You have to take pains to do that yourself. And if you step in front of a speeding bus and scream, “God, save me!”, you will be dead meat in seconds. Maybe this is what the Prophet Muhammad meant when he was reported as having said, “First you tie your camel, then you pray to God for the safety of your camel.” Malays should take cognizance of this philosophy. You are in control of your own destiny. God will not lift a finger to help you if you yourself refuse to take action. And going to Mekah to pray for help in front of God's 'house' will not prevent the ACA from pressing more charges against you when you return home to Malaysia after performing your Haj.

Awhile back, some 'unknown' sources leaked to the media information that the CCD Director was being investigated for not declaring RM27 million in assets. Take note of this. He was not being investigated for amassing RM27 million in assets. He was being investigated for not declaring these assets. In short, it is not a crime for a police officer acquiring RM27 million in assets. It is only a crime if he does not fill in this little form declaring those assets. They don't care a damn how you acquired those assets. They care only if you don't fill in this form declaring them. It is, therefore, a mere 'technical' offence.

But when this CCD Director was finally charged, it was not for either acquiring or failing to declare RM27 million in assets. It was for 'abusing' his authority by flying over the Sabah jungles in a police aeroplane. Yes, the man who was then the Commissioner of Police for Sabah and who drives around town with a flag on the bonnet of his car is going to be sent to jail for flying in a plane that in the first place was under his jurisdiction. If that is a crime then the entire government would be in jail for driving or flying in a government-owned asset. And some like the Cabinet members, which include the Prime Minister and Deputy Prime Minister, even bring their family, friends, business acquaintances and girlfriends along for the joyrides. And we, the taxpayers, are paying for all this.

What is the real issue here? Is it that the CCD Director abused his authority by using a police plane? Is it that he acquired RM27 million in assets and did not declare them? No, none of the above, so read on.

The CCD Director challenged the allegation of failing to declare his assets. He enlisted the help of a lawyer to prepare his defence. He enlisted the help of a firm of accountants to audit his income and expenditure and to prepare a detailed statement of accounts the thickness of an Encyclopaedia Britannica of his financial affairs for 37 years from 1970 to 2007. The lawyer prepared his defence, and with the detailed statement of accounts as evidence, demolished the entire allegation and ripped the charge of failing to declare assets to shreds.

It was a superb piece of defence and the CCD Director was elated that the government had no case against him and that his lawyer and accountants had been able to rebut every allegation down to the last ten cents. Then the ACA made a surprise visit to the lawyer's office a day before Hari Raya and arrested him, and you will not believe this, for also failing to declare his assets. That's right, the lawyer who had superbly prepared the CCD Director's defence that would now see the latter off the hook was himself arrested by the ACA. The target of the investigation, the CCD Director, was not even under arrest yet. The investigation was not yet complete. But his lawyer was arrested and had to spend the night in the ACA lock-up in Putrajaya for 'failing to declare his assets'.

It had nothing to do with the crime of failing to declare assets. It was far from the crime of illegally acquiring assets, which was not even the brunt of the investigation. It was because the CCD Director had arrested the number two of the organised crime syndicate that has just gone national and has its tentacles from South Malaysia all the way up to North Malaysia. Yes, the prostitution, drugs, loan sharking and illegal gambling syndicate had just gone national. And the number one of the syndicate, BK Tan, was alleged to be in partnership with the IGP himself. And the allegation was not based on rumours or idle talk. It was based on numerous Affidavits signed by senior police officers and two underworld figures who submitted sworn testimonies to the Deputy Minister of Internal Security, Johari Baharum.

Now, in case any of you may have forgotten, Johari was the man tasked with the job of sabotaging Tun Dr Mahathir Mohamad in last year's Umno Kubang Pasu division elections. The 500 or so delegates were each bribed RM200 to not vote for Mahathir. Four delegates subsequently made police reports and signed Affidavits testifying to this fact, which they lodged with the Umno headquarters when they filed their official complaints. The Umno headquarters, however, said that it had investigated the matter and found no evidence to support the allegation. One of the complainants was later beaten up by some 'bouncers' from the Umno Kubang Pasu division. He of course personally know these Umno people who beat him up in his home in front of his family and he made another police report naming those who beat him up. But the police found no evidence of any assault and no charges were pressed against the Umno gangsters.

Based on the police investigation and the Affidavits signed by the many senior police officers and two underworld figures that a national organised crime syndicate does exist and that it has links all the way to the very top of the police force, Johari instructed the CCD Director to arrest Goh Cheng Poh a.k.a 'Tengku' Goh, the number two in the syndicate, and banish him to Kelantan under Restricted Residence Order. They then started investigating 'Tengku' Goh's boss, BK Tan, with a view that he too would be put out of circulation. A few other second-liner syndicate bosses from Johor were also arrested under the Emergency Ordinance and detained without trial in the Simpang Renggam detention centre. Last week, they were all released by order of the A-G as what we reported in the previous episode of The Corridors of Power, All that crap (read the article here). Action was also taken against all those police officers involved in investigating the organised crime syndicate. Some were arrested and detained overnight in the lock-up. Some were charged for various offences of abuse of power. And one was found dead in his car due to a gunshot wound which until today the police has never explained what happened.

See the following reports on the matter:

1. Malaysia’s organised crime syndicate: all roads lead to Putrajaya
2.
The roaches are scurrying and the rats are hurrying
3.
Please, IGP, explain this!
4.
The latest update on Infohub Sdn Bhd
5.
The walls come crumbling down
6.
No peace on Peace Hill
7.
Who’s running the asylum anyway?
8.
Blow away the whistle-blower
9.
Nothing but a den of thieves
10.
The land of Walt Disney
11.
I rather make the ACA a respected agency than a feared one

The Deputy Minister of Internal Security, Johari Baharum, made the decision to investigate the organised crime syndicate. Johari also made the decision to detain half a dozen or so leaders of this organised crime syndicate, which included the number two man, 'Tengku' Goh. Johari signed the order to send them to Simpang Renggam for detention or, in the case of 'Tengku' Goh, for Restricted Residence in Kelantan. And the dozen or so police officers, including the CCD Director, merely carried out the Deputy Minister's order. But when the dozen or so police officers were arrested, Johari kept silent. And when the A-G sent him a letter ordering him to release 'Tengku' Goh, he complied in spite of the evidence proving that all these people were guilty as hell and that the police were just doing what they had been ordered to do.

The issue here is actually quite simple and you do not have to be a genius to figure it out. Johari was at war with the IGP. The IGP was eliminating the underworld figures aligned to him (Johari). In fact, three of these underworld figures had earlier been detained and sent to Simpang Renggam for detention without trial. Johari was alleged to have released them and he was further alleged to have received RM5.5 million in bribes as inducement for releasing them. But no one knew about this until a mysterious website suddenly appeared that revealed this matter of the three detainees being released and the matter of the RM5.5 million bribe. The ACA immediately launched an investigation and it appeared like Johari was about to suffer a big-time fall from power.

Johari hit back. He threatened to reveal that Abdullah and the Umno Supreme Council had instructed him to sabotage Mahathir in last year's Umno Kubang Pasu division meeting. This is a breach of the party's Constitution as well as the party's Code of Ethics. The entire Supreme Council will have to resign, Abdullah included, if this matter became public knowledge. It in fact was already public knowledge as Malaysia Today had already exposed this matter in this same column in an article called Dolahgate (read the article here). But thus far no one had come forward to testify to this and now Johari was threatening to do so.

A deal was struck. The ACA will declare that it had investigated the allegation against Johari and that there is no evidence he had received the RM5.5 million bribe. Johari would then maintain his silence and not put Abdullah and the entire Umno Supreme Council in jeopardy. But Johari was still not satisfied. He got the CCD Director to investigate the parties behind that website alleging he had released three underworld figures aligned to him for a bribe of RM5.5 million. The trail led to the door of the Director of the Criminal Investigation Division (CID), Christopher Wan. Johari was outraged. It was an inside job. Christopher is the IGP's running dog. Therefore, thought Johari, the IGP must have been the one who fixed him up. Johari wanted to strike back and he ordered the CCD Director to move in on the underworld figures aligned to the IGP. And that was why these various underworld personalities were rounded up -- not to clean up the streets and eliminate the prostitution, drugs, loan sharking and illegal gambling syndicate, but to put the IGP's men out of business.

But the IGP had something which Johari did not have. The IGP was in cahoots with the ACA Director and the A-G. It was three against one. And the Prime Minister, who is also the Minister of Internal Security and therefore Johari's boss, needed the IGP, ACA, and A-G more than he needed Johari. So Johari will have to take the fall. But Johari is smart. He is, after all, a politician. He quickly made a deal and abandoned the police officers and allowed them to take the fall instead. Well, if he can sabotage his ex-boss, Tun Dr Mahathir Mohamad, who brought him up from a mere schoolteacher to where he is today, then what are a dozen police officers by comparison? So those who carried out the order will be going to jail while he who gave the order is sitting pretty. This should serve as a lesson to all civil servants, including the police force. Never do the bidding of the politicians because when the chips are down you will be left holding the baby.

The six pages of the Affidavit signed by Johari below tell the whole story, so we really do not need to explain it again in detail.. Suffice to say, the order to break the organised crime syndicate and arrest its leaders came from Johari. Item 32 of the Affidavit states that 'Tengku' Goh actually confessed to his crime. Item 8 of the Affidavit states that on 12 March 2007 Johari gave the order to launch the investigation. Johari further admits in item 14 that on 5 July 2007 he signed the warrant of arrest. But it is the police officers and the lawyer who will be going to jail, not Johari.

And where does Abdullah Ahmad Badawi come in on all this? Abdullah's hands are tied. He had earlier ordered the IGP to detain BSA Tahir under Section 8 of the Internal Security Act. If the police had detained him under Section 73, then the Special Branch would have him for 60 days. And once they have him they can interrogate him and find out who else is behind Scomi's export of nuclear components to Libya. This would be dangerous as Scomi belongs to Abdullah's son, Kamal, and once the interrogation reveals that Kamal knew all along what was going on and that he is not an unwitting party to the whole thing as they say he is, then the United States will want Kamal's head on a silver platter.

So Tahir was detained under Section 8 of the Internal Security Act which is signed by Abdullah himself and not by the police. Section 8 is the Minister's prerogative, not the police's who can only detain you under Section 73. And this is exactly what happened to the HINDRAF 5 as reported in the previous episode of The Corridors of Power, All that crap (read the article here). But an even more interesting question is not why was Tahir detained under Section 8 instead of Section 73 of the Internal Security Act which will allow the Special Branch to investigate who else are behind the Scomi centrifuge scandal? What is more important is where is Tahir now? He is supposed to have been detained under the Internal Security Act, which means he is in the Kamunting Detention Centre. But is he there? And if he is not there then where is he?

Yes, that is an even more important question than the question of why he was detained under Section 8 instead of Section 73 of the Internal Security Act. Tahir is not under detention. Tahir is under protective custody. He is under protective custody so that the Malaysian Special Branch and the American CIA can't get their hands on him. And Abdullah has the power to do this as he did for the HINDRAF 5 whom the Special Branch are also dying to get their hands on but can't.

Abdullah is not entirely in control though. The IGP, A-G and ACA chief have their own unholy trinity. And they will serve Abdullah just as long as Abdullah does not step on their toes. The Dolahgate affair, the Scomi centrifuge affair, and the Oil-for-Food affair are enough to put Abdullah away for a long time. But that will only happen if the IGP, A-G and ACA decide to launch a case against him. And it appears like at the moment 'got no case lah'. So Johari is on his own in his war with the IGP. And the two rival organised crime syndicates will have to fight it out in the turf war for control of the prostitution, drugs, loan sharking and illegal gambling rackets. And the way it is currently going, the IGP's side will win because Johari has backed off and has allowed the dozen or so police officers to become the sacrificial lambs.

Yes, not only goats, sheep, cows and camels are being sacrificed this Hari Raya Haji. Police officers too are being sacrificed. I shed no tears for police who detain Malaysians without trial and beat up detainees under custody. I also shed no tears for police who serve the political masters instead of the rakyat who are paying their salaries. But I have to admit I do pity these police officers who were used in the organised crime syndicate turf war between the Deputy Minister of Internal Security and the IGP and will all soon go to jail for the crime of 'saya hanya menjalankan arahan'. The next time a police officer gives me that famous and often-used line, I am going to laugh loudly in his face and remind him of what happened to the CCD Director and the dozen or so others when they hanya menjalankan arahan.The Deputy Minister of Internal Security, Johari Baharum, made the decision to investigate the organised crime syndicate. Johari also made the decision to detain half a dozen or so leaders of this organised crime syndicate, which included the number two man, 'Tengku' Goh. Johari signed the order to send them to Simpang Renggam for detention or, in the case of 'Tengku' Goh, for Restricted Residence in Kelantan. And the dozen or so police officers, including the CCD Director, merely carried out the Deputy Minister's order. But when the dozen or so police officers were arrested, Johari kept silent. And when the A-G sent him a letter ordering him to release 'Tengku' Goh, he complied in spite of the evidence proving that all these people were guilty as hell and that the police were just doing what they had been ordered to do.

The issue here is actually quite simple and you do not have to be a genius to figure it out. Johari was at war with the IGP. The IGP was eliminating the underworld figures aligned to him (Johari). In fact, three of these underworld figures had earlier been detained and sent to Simpang Renggam for detention without trial. Johari was alleged to have released them and he was further alleged to have received RM5.5 million in bribes as inducement for releasing them. But no one knew about this until a mysterious website suddenly appeared that revealed this matter of the three detainees being released and the matter of the RM5.5 million bribe. The ACA immediately launched an investigation and it appeared like Johari was about to suffer a big-time fall from power.

Johari hit back. He threatened to reveal that Abdullah and the Umno Supreme Council had instructed him to sabotage Mahathir in last year's Umno Kubang Pasu division meeting. This is a breach of the party's Constitution as well as the party's Code of Ethics. The entire Supreme Council will have to resign, Abdullah included, if this matter became public knowledge. It in fact was already public knowledge as Malaysia Today had already exposed this matter in this same column in an article called Dolahgate (read the article here). But thus far no one had come forward to testify to this and now Johari was threatening to do so.

A deal was struck. The ACA will declare that it had investigated the allegation against Johari and that there is no evidence he had received the RM5.5 million bribe. Johari would then maintain his silence and not put Abdullah and the entire Umno Supreme Council in jeopardy. But Johari was still not satisfied. He got the CCD Director to investigate the parties behind that website alleging he had released three underworld figures aligned to him for a bribe of RM5.5 million. The trail led to the door of the Director of the Criminal Investigation Division (CID), Christopher Wan. Johari was outraged. It was an inside job. Christopher is the IGP's running dog. Therefore, thought Johari, the IGP must have been the one who fixed him up. Johari wanted to strike back and he ordered the CCD Director to move in on the underworld figures aligned to the IGP. And that was why these various underworld personalities were rounded up -- not to clean up the streets and eliminate the prostitution, drugs, loan sharking and illegal gambling syndicate, but to put the IGP's men out of business.

But the IGP had something which Johari did not have. The IGP was in cahoots with the ACA Director and the A-G. It was three against one. And the Prime Minister, who is also the Minister of Internal Security and therefore Johari's boss, needed the IGP, ACA, and A-G more than he needed Johari. So Johari will have to take the fall. But Johari is smart. He is, after all, a politician. He quickly made a deal and abandoned the police officers and allowed them to take the fall instead. Well, if he can sabotage his ex-boss, Tun Dr Mahathir Mohamad, who brought him up from a mere schoolteacher to where he is today, then what are a dozen police officers by comparison? So those who carried out the order will be going to jail while he who gave the order is sitting pretty. This should serve as a lesson to all civil servants, including the police force. Never do the bidding of the politicians because when the chips are down you will be left holding the baby.

The six pages of the Affidavit signed by Johari below tell the whole story, so we really do not need to explain it again in detail.. Suffice to say, the order to break the organised crime syndicate and arrest its leaders came from Johari. Item 32 of the Affidavit states that 'Tengku' Goh actually confessed to his crime. Item 8 of the Affidavit states that on 12 March 2007 Johari gave the order to launch the investigation. Johari further admits in item 14 that on 5 July 2007 he signed the warrant of arrest. But it is the police officers and the lawyer who will be going to jail, not Johari.

And where does Abdullah Ahmad Badawi come in on all this? Abdullah's hands are tied. He had earlier ordered the IGP to detain BSA Tahir under Section 8 of the Internal Security Act. If the police had detained him under Section 73, then the Special Branch would have him for 60 days. And once they have him they can interrogate him and find out who else is behind Scomi's export of nuclear components to Libya. This would be dangerous as Scomi belongs to Abdullah's son, Kamal, and once the interrogation reveals that Kamal knew all along what was going on and that he is not an unwitting party to the whole thing as they say he is, then the United States will want Kamal's head on a silver platter.

So Tahir was detained under Section 8 of the Internal Security Act which is signed by Abdullah himself and not by the police. Section 8 is the Minister's prerogative, not the police's who can only detain you under Section 73. And this is exactly what happened to the HINDRAF 5 as reported in the previous episode of The Corridors of Power, All that crap (read the article here). But an even more interesting question is not why was Tahir detained under Section 8 instead of Section 73 of the Internal Security Act which will allow the Special Branch to investigate who else are behind the Scomi centrifuge scandal? What is more important is where is Tahir now? He is supposed to have been detained under the Internal Security Act, which means he is in the Kamunting Detention Centre. But is he there? And if he is not there then where is he?

Yes, that is an even more important question than the question of why he was detained under Section 8 instead of Section 73 of the Internal Security Act. Tahir is not under detention. Tahir is under protective custody. He is under protective custody so that the Malaysian Special Branch and the American CIA can't get their hands on him. And Abdullah has the power to do this as he did for the HINDRAF 5 whom the Special Branch are also dying to get their hands on but can't.

Abdullah is not entirely in control though. The IGP, A-G and ACA chief have their own unholy trinity. And they will serve Abdullah just as long as Abdullah does not step on their toes. The Dolahgate affair, the Scomi centrifuge affair, and the Oil-for-Food affair are enough to put Abdullah away for a long time. But that will only happen if the IGP, A-G and ACA decide to launch a case against him. And it appears like at the moment 'got no case lah'. So Johari is on his own in his war with the IGP. And the two rival organised crime syndicates will have to fight it out in the turf war for control of the prostitution, drugs, loan sharking and illegal gambling rackets. And the way it is currently going, the IGP's side will win because Johari has backed off and has allowed the dozen or so police officers to become the sacrificial lambs.

Yes, not only goats, sheep, cows and camels are being sacrificed this Hari Raya Haji. Police officers too are being sacrificed. I shed no tears for police who detain Malaysians without trial and beat up detainees under custody. I also shed no tears for police who serve the political masters instead of the rakyat who are paying their salaries. But I have to admit I do pity these police officers who were used in the organised crime syndicate turf war between the Deputy Minister of Internal Security and the IGP and will all soon go to jail for the crime of 'saya hanya menjalankan arahan'. The next time a police officer gives me that famous and often-used line, I am going to laugh loudly in his face and remind him of what happened to the CCD Director and the dozen or so others when they hanya menjalankan arahan.

Friday, December 14, 2007

Malaysian activists held under security law

AFP (13/12/2007): Malaysia said Thursday it has arrested five leaders of ethnic Indian rights group Hindraf under controversial security laws that allow for detention without trial.

Hindraf enraged the government last month by mounting a mass rally alleging discrimination against minority ethnic Indians in Malaysia, which is dominated by Muslim Malays.

Police used tear gas, water cannons and baton charges to break up the street protest which drew 8,000 people, and came just two weeks after another rare demonstration organised by electoral reform campaigners.

Deputy Internal Security Minister Mohd Johari Baharom confirmed the five were held under the Internal Security Act (ISA), which human rights groups are campaigning to have abolished.

"They can be held for two years for sedition and also for carrying out activities that threaten national security," he told the state Bernama news agency.

A Hindraf spokesman said the arrests of P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabatirau and T. Vasanthakumar would not silence the movement, which the government has accused of stirring up racial tension.

"Regardless of the arrests this struggle will move on. We have many leaders who are waiting to take over and we will not go backwards but move ahead with the fight for the rights of Indians in Malaysia," S. Jayathas told AFP.

The ISA is currently being used to hold more than 100 people, including about 80 alleged Islamic militants.

It is not thought to have been used against government critics since 2001, when Malaysia was under the iron grip of former premier Mahathir Mohamad who used it to quell a reform movement triggered by the arrest of his deputy Anwar Ibrahim.

Opposition leader Lim Kit Siang condemned the government's move and said that if the Hindraf leaders had committed any offence they should be charged and tried in an open court.

"It is deplorable, the use of the ISA is completely indefensible," he told AFP.

"To resort to detention without trial is a regression to the dark days of human rights violations and is something that will bring further shame to Malaysia's international image and reputation."

Three of the Hindraf leaders have already been charged with sedition for speeches in which they criticised preferential treatment for Muslim Malays who make up 60 percent of the population and control the government.

Malaysia is also home to ethnic Chinese, who make up 26 percent of the population and dominate business.

Ethnic Indians, who make up 8.0 percent, complain they run a distant third in terms of wealth, opportunities and education.

Abdullah has for several weeks been threatening to invoke the draconian legislation against Hindraf, which authorities have accused of having links with Sri Lanka's Tamil Tigers. The group denies the charges.

Malaysia's ethnic Indians are mostly Tamils -- the descendents of indentured labourers brought here by the British in the 1800s.

Lawyers and human rights group have warned that the use of the ISA will only inflame the protest movement, which is airing grievances that have been bottled up for many years.

Malik Imtiaz Sarwar from the National Human Rights Society (Hakam) said the government's move was regrettable and unnecessary.

"The ISA detention will have the unfortunate effect of now stopping genuine attempts on the part of the marginalised Indian community to have their grievances addressed," he told AFP.

The legislation -- which dates back to the British colonial era when it was used against communist insurgents -- provides for two-year detention periods that can be renewed indefinitely.

Malik Imtiaz said that the opposition figures detained during the "Reformasi" movement of Anwar Ibrahim were mostly held for about two years before being released.

Related:
Malaysia arrests ethnic Indians - BBC News
Malaysia to launch signature drive - NDTV.com
Activists Held Under Strict Security Law - The Associated Press

Five facts on Malaysia's Internal Security Act

Reuters (13/12/2007): Malaysia has invoked its notorious Internal Security Act (ISA) to detain five ethnic Indians from a group that staged a mass anti-government protest last month.

There are currently 74 people, mostly suspected Muslim militants, being detained under the ISA, the government said last month.

Here are five facts on the ISA.

- Passed in 1960, three years after Malaysian independence, the ISA was designed to curb a perceived communist threat. It grew out of emergency regulations that were part of then Malaya's campaign against the Malayan Communist Party in British colonial times. Neighbour Singapore, once part of Malaysia, kept the ISA after leaving the Malaysian Federation in 1965.

- The act allows for the arrest and detention for an indefinite period of a suspect judged as "likely" to commit an act deemed dangerous to national security. Detainees can be held for 60 days without legal counsel, and preventive detention can then be renewed every two years.

- Amended dozens of times, it also has provisions to restrict freedom of assembly, expression and movement, among others. Since the Sept. 11, 2001 attacks on U.S. cities, it has been used to lock up dozens of suspected Islamic militants. Most ISA detainees are kept at Kamunting prison in northwest Perak state.

- The Human Rights Watch has said governments have consistently used the ISA for their own political purposes to detain thousands of citizens, including political opposition leaders, academics, trade unionists as well as religious, social, environmental and women's rights activists. Rights groups criticise the ISA as a draconian violation of international human rights standards, and a tool to stifle peaceful political dissent.

- In October 2007, opposition figure Abdul Malek Hussin became the first person to win a significant payment for illegal detention under the ISA. He was awarded nearly $750,000 in damages for his Sept 1998 detention, for addressing a "Reformasi" demonstration calling for political reform.

Wednesday, October 24, 2007

Stop police's power abuse and human rights must be protected

(Sin Chew Daily 22/10/2007)

“The behaviour of the defendants is inhumane, cruel and despicable, as the plaintiff (Abdul Malek Hussin) was not just arrested and detained unlawfully for 57 days but was also subjected to a vile assault, unspeakable humiliation, and prolonged physical and mental ill-treatment... The practice of torture of any kind is to be detested. The despicable conduct of the then Inspector General of Police, Tan Sri Rahim Noor, was shameful and a disgrace. He had shown an extremely bad example to the thousands of men under his charge.” Justice Hishamudin Mohd Yunus in his judgement 18 Oct 2007 Abdul Malek Hussin vs (Special Branch police officer ASP) Borhan Bin Hj Daud, the Inspector General of Police, and the Government of Malaysia.

Justice Hishamudin's decision to award RM2.5 million (US$740,000) in damages to the former Internal Security Act detainee is indeed a victory for judiciary. It shows the court has started to put right the abuse of power by the executive branch of the government. Detainees who had suffered under abouse s by the police can now seek justice.

The experience of the plaintiff, Abdul Malek reflected on the seriousness of the power abuse problem in police department. In 2005, a shocking “nude squat” video clip was shown to the public. The Malay lady later filed a lawsuit against the Malaysian government seeking compensation of RM250,000. The court has yet to decide on the case.

After the video clip was exposed, the government set up an independent panel to investigate the case. As the nude squatting procedurte (during police custody) has violated her human rights, the panel suggested the abolition of such police practices.
"These human rights abuses happened not only because the police department has not follow the procedures for detention and abuses their power, but the delay in hearing such court cases itself is a violation of the detainees’ human rights."
However, in September 2007, four police officers were found assaulting an Indonesian karate referee. It had nearly triggered a diplomatic crisis. The case was finally solved after Malaysia apologised. Nevertheless, rumours of ill-treatment by the police are still surfacing.

Although the government had taken disciplinary action against the police officers concerned, some still carry on their old ways and are brazenly involved in abuse of power and fraud. Therefore, complaints against the police are non-stop, and the victims could only seek justice through the judiciary.

When a police officer is involved in corruption or abuses his power, he would be given a verbal reprimand by his superiors. But some chose to ignore such warnings. They continue to abuse their power. The discipline and the reputation of the police department is thus eroded a little by little. This shows that verbal reprimand, demotion and suspension are insufficient as deterrents. Once the court has made a ruling on such cases of abuse of power, those involved should be investigated and charged in court.

Abdul Malek, the nude squat victim and others who have had their human rights must be given redress. When a person is detained for crime investigation, it does not mean he is no longer protected by law and the police can do whatever they want. The Federal Constitution guarantees basic protection to the detainees, including meeting with lawyers, family visits, medical treatment, adequate food supply and the like. As a law enforcement unit, the police department must have this knowledge and cannot violate the Constitution.

According to investigation reports by some human rights organisations, our human rights record has not made much progress. These human rights abuses happened not only because the police department has not follow the procedures for detention and abuses their power, but the delay in hearing such court cases itself is a violation of the detainees’ human rights.

Human rights in Parliament is always a concern of the Human Rights Commission of Malaysia (SUHAKAM). SUHAKAM will start their investigations after they have received complaints. However, their previous recommendations have fallen on deaf ears of the police and the government.

As a human rights gatekeeper, SUHAKAM should enhance its power by getting more enforcement power to improve Malaysia's human rights and national image.

As for the police's power abuse, the best solution is to set up monitoring bodies, such as Independent Police Complaints and Misconduct Commission. However, out of the 125 recommendations by Royal Commission on Royal Malaysian Police, only 101 recommendations have been accepted. Independent Police Complaints and Misconduct Commission is amongst the 24 rejected recommendations.

I believe more complaints on police's power abuse will be forthcoming after Malek's court victory. The government must pay more attention on the establishment of an independent panel. It is with such an external watchdog that we can expect the police force to be efficient, professional and to be mindful of protecting human rights. (By CHONG LIP TECK)

‘Mr ISA’ in the dock at mock trial

(Malaysiakini, 23/10/2007) ‘Mr ISA’ will go on trial on Saturday to answer for atrocities against those detained under the Internal Security Act (ISA) under the police sweep code-named Operasi Lalang.

Politicians, activists, educationists, social workers, trade unionists, environmentalists and church workers were among 106 people rounded up over a week from Oct 27, 1987.

Human rights watchdog Suaram said Malaysians “will be the judge for the first time in a People’s Hearing” on the mass arrests and detention without trial.

The mock trial will be held on Saturday - the 20th anniversary of Operasi Lalang - at the Kuala Lumpur and Selangor Chinese Asssembly Hall from 9am. (Full story)

Malaysian Judge Stands Up

Kim Quek
(Asia Sentinel, 23/10/2007)

A protester jailed in the 1998 reformasi demonstrations is awarded sizeable damages in a strongly worded government rebuke

Malaysian High Court Judge Hishamudin Mohd Yunus has punished the government heavily for gross abuse of the colonial-era Internal Security Act, ruling that the state had violated the Constitution and awarding political detainee Abdul Malek Hussin 2.5 million ringgit in compensation.

Malek was arrested in September 1998 in the tumultuous days of the reform movement following the sacking and imprisonment of former deputy prime minister Anwar Ibrahim. During his 57 days of detention, Malek was subjected to what the judge called “vile assault, unspeakable humiliation, prolonged physical and mental ill-treatment,” and completely deprived of legal counsel.

The High Court decision is likely to be appealed, and it is questionable if it will stand. Other lower-court decisions with political implications have been reversed by higher courts. Nonetheless, Anwar, now an opposition leader, hailed the decision as one "that potentially drives a dagger through the heart of a notorious law."

The law allowing preventive detention without trial originated in the 1930s under the British colonial government and was extended to allow the government to detain suspects for up to a year in 1948 when the Malayan Communist Party began its armed struggle to take over the colony. Although the emergency ended in 1960 and most of the regulations were repealed, the ISA remained in place. It has been used regularly by succeeding Malaysian governments against detractors, particularly when racial tensions have threatened to get out of hand.

In March 1999, Malek filed a civil suit citing police special branch officer Borhan Daud, the then-Inspector General of Police Rahim Noor and the government as respondents. In his judgment, Hishamudin said he had found no evidence that Malek had posed any threat to national security but every indication that the detention and torture was politically motivated, arising from Malek’s support of Anwar and his reform movement. As such, Malek’s detention was unlawful, and a violation of his rights.

In an October 20 interview with Malaysiakini, the Kuala Lumpur-based Internet publication, Malek described being stripped naked and forced to drink the urine of his captors and being given dog feces to eat. He told the publication he had been beaten senseless repeatedly and was hit so hard on the side of his head that he sustained permanent hearing damage. He said he had been subjected to interrogation for 17 straight days at all hours of the day and night.

In hard-hitting language, the judge described the defendants’ behavior as “inhuman, cruel and despicable”. He awarded exemplary damages of RM 1 million “to show the abhorrence of the court of the gross abuse of an awesome power under the Internal Security Act, and to ensure that the extent of abuse is kept to the most minimal, if not eliminated completely.”

In his 41-page judgment, Hishamudin pinpointed several police officers for breaching the law and concocting evidence. He also expressed displeasure at the Deputy Public Prosecutor for having implicitly colluded with police officers in thwarting Malek’s complaints.

A minority in a judiciary often perceived willing to bend to the wishes of the government, Hishamudin has impressed human rights watchers with a record of independent and impartial judgments. His most notable one came in May 2001 when he freed two activists who had been arrested under the ISA for their activities in the reformasi movement, as it was called, after Anwar had been arrested.

Hishamudin’s judgment is a significant counterpoint to recent developments in Malaysia’s court system, most notably allegations inspired by a video clip that V K Lingam, a well-connected Kuala Lumpur lawyer, was conspiring with current Chief Justice Ahmad Fairuz in a telephone conversation to fix the appointments of jurists loyal to then-Premier Mahathir Mohamad in 2002. Subsequent events turned out to tally with the scenario outlined in the Lingam-Fairuz conversation, thus strengthening the credibility of this tape.

A prominent example of this skewed system of promotion is seen in the contrasting fortunes of Justice Hishamudin and Justice Augustine Paul, who handled the sodomy and corruption trial of Anwar. The trial has been widely regarded by human rights groups across the world as politicized and badly flawed, and ultimately the decision was reversed.

Paul, newly promoted to the high court to handle the Anwar case in 1998, was leapfrogged to the nation’s highest court, the Federal Court, by 2005. Hishamudin, by contrast, has stagnated as a high court judge since 1995. Another example is Court of Appeal judge Gopal Sri Ram, Malaysia’s most senior judge, who has been by-passed for promotion to the Federal Court 14 times since his appointment in 1994. Some of those promoted on the express train had stayed in the Court of Appeal for only one year.

Critics say that fortune smiles only on those judges who are obedient and submissive, but woe to those who are steadfastly principled. Hishamudin and Sri Ram are rare gems in Malaysia’s judiciary. Judicial reform is a long journey, and the country hasn’t started yet.

Malaysia cannot afford to compromise on the quest for a royal commission of enquiry to look into the judicial rot revealed by the Lingam video clip, as a first step towards full reform. Those who wish to can contribute towards making this objective a reality by supporting a petition to the king to set up such a royal commission. The full text of the petition can be read at: http://harismibrahim.wordpress.com.

Kim Quek is a Malaysia-based commentator who writes regularly on political affairs in the country.

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