RCI + inquest = ‘big, big mess’

PETALING JAYA: The Royal Commission of Inquiry (RCI) into Teoh Beng Hock’s death, which released its findings in a report last Thursday, has created a “big legal mess” by generating more questions than answers, said prominent human rights lawyer Malik Imtiaz Sarwar.

Malik, who represented the Selangor government during the inquest and RCI, said rather than serving its original function to bring a closure to the issue, there are now different conclusions by the RCI and inquest.

“What has resulted is a big, big, mess. We have now a coroner’s decision and a RCI’s, which are saying different things. In law, the coroner’s findings is the determinative one,” the National Human Rights Society president told FMT.

Malik said the three Malaysian Anti-Corruption Commission (MACC) officers – Negri Sembilan MACC director (then Selangor MACC deputy director) Hishamuddin Hashim and two enforcement officers Mohd Anuar Ismail (then the investigating officer) and Mohd Ashraf Mohd Yunus, who are being internally investigated for allegedly driving Teoh to suicide – would most probably make the same argument (that the RCI finding is inferior to a court finding) if they were brought to court.

“Both findings (RCI and inquest) are inconsistent. The inquest ruled out a suicide and said there were insufficient evidence to come to a finding of homicide. It also accepted that there were pre-fall injuries on Teoh, but the RCI totally ignored all that,” said Malik.

Malik said before the Selangor government and lawyers of Teoh’s family decided to pull out of the RCI, they suggested and raised concerns over the “dual” findings that would eventually emerge but their arguments fell on deaf ears.

“The RCI then should have stood down until the outcome of the revision (on the inquest) had been done away with. Or, the Attorney-General should have withdrawn his application to revise the inquest decision to push for a suicide finding and all parties to start off on a clean slate. But that was never decided on,” he said.

“At the end of the day, the A-G, who recommended for both a revision and most probably also advised the government to hold the RCI, was asking for two different sides,” he said.

“Also, the RCI decided to ignore all the evidence in the inquest and reboot the whole case… and it seems that somehow everyone got a second chance to restate their case. They (the commissioners) should not have done that; (RCI chairman) James ( Foong) could have found a way to include the coroner’s findings,” he added.

‘There’s no certainty’

Malik expressed his disappointment that the RCI now gave rise to more uncertainty than definitive answers.

“Where do things stand right now? There’s no certainty. What we have now is a whole mess of uncertainty,” he said.

“Has the RCI served its function? From the very beginning, the decision not to hold a RCI before an inquest was ill-conceived, and having a RCI as a knee-jerk reaction to public anger was also not well-thought out,” he said, adding that the original intention of having a RCI was because of public anger and lack of confidence in the inquest’s findings.

“The RCI was more of a political resolution rather than a legal one,” he said.

…more
RCI + inquest = ‘big, big mess’
Teoh El Sen
July 28, 2011 – FMT

Jeyakumar and 5 other PSM leaders freed

The EO-6 have finally been released after 28 days of detention following strenuous efforts by Parti Sosialis Malaysia members, NGOs and friends including Pakatan Rakyat supporters to pressure the police and Home Ministry to free them.

No reasons were given and the Star reported the Inspector General of Police as saying it is up to the Attorney-General to decide on the next course of action.

“Yes, it is confirmed. We need to get rid of all the oppressive laws, EO, ISA, OSA and PPPA because this case has highlighted how they can be abused. But before that, the BN government and the police must apologise to the EO-6 and their families,” PKR legal affairs director Latheefa Koya told Malaysia Chronicle.

“This shows that the police have been lying to the people about Dr Jeyakumar and PSM members being communists, the masterminds behind Bersih and waging war against the King. Where is the proof?” PAS MP for Bukit Gantang Nizar Jamaluddin told Malaysia Chronicle.

…more
Jeyakumar and 5 other PSM leaders freed: Police must apologize
by Melissa Lee
29 July 2011 – Malaysia Chronicle

PSM6 Vigil

PSM6 Vigil, Ambiga: We will only celebrate when they are released

Emergency Ordinance abused

The Emergency Ordinance (Public Order and Prevention of Crime) 1969 (EO) – yet another law that enables detention without trial – was legislated “for securing public order, the suppression of violence and the prevention of crimes, including violence.”

Since its introduction, the EO has been used to detain alleged criminals without charging them. The EO provides the police with powers to detain persons for up to 60 days for the purpose of “preventing any person from acting in a manner prejudicial to public order” and the “suppression of violence or the prevention of crimes”.

There is no necessity for a remand order from a magistrate. All that is required is for a deputy superintendent to report the circumstances of the arrest to the IGP. After the initial 60-day detention period, the home minister can make an order of detention, without trial, for a period of two years.

As the majority of the victims of EO tend not to be political dissidents or well-known personalities, the public has been less aware of the existence of the EO, compared with the ISA.

Consequently, the police have been abusing their powers through the years by arresting thousands of individuals without ever bringing them to court. Although the authorities tend to characterise EO detainees as underworld kingpins and dangerous criminals, the human rights NGO Suaram has received numerous reports of individuals arrested under the EO for allegedly petty crimes.

The Home Ministry has not been able to provide figures of the numbers of people arrested and detained since the EO was introduced in 1969, mainly because of the arbitrary manner in which such detentions have been made.

Nevertheless, Suaram has obtained a figure of 3,701 EO detainees from 2000 to 2009. And as at February 2010, there were 819 detainees in the Simpang Rengam detention camp.

PSM 6: Resist we must

The arrest and detention of the six leaders of Parti Sosialis Malaysia under the EO, just before the July 9 Bersih 2.0 rally, is thus a departure from the BN government’s usual practice of using the ISA against political leaders and activists. And true to form, the BN government has contradicted itself over the reasons for their detention.

First, the police said that it was in relation to the Bersih rally, but soon decided to use the old method of trying to demonise socialists by saying that these PSM leaders were carrying T-shirts glorifying communism. In any decent court of law, the judge would have awarded these six PSM leaders their habeas corpus applications after studying such flimsy and contradictory allegations from the police.

…more
Gov’t replays old gramophone over PSM 6
Kua Kia Soong
Jul 27, 2011 – Malaysiakini

Human Rights Watch – Free ‘PSM 6’ Opposition Leaders

Drop Charges against Activists Exercising Basic Rights

(Bangkok) – The Malaysian government should immediately release six leaders of the opposition political party Parti Sosialis Malaysia (PSM) who are being held without charge under Malaysia’s draconian preventive detention laws, Human Rights Watch said today. Charges should also be dropped against 21 party members free on bail who were arrested for engaging in peaceful political activities, Human Rights Watch said.

The six PSM leaders are being held under the Emergency (Public Order and Crime Prevention) Ordinance on the grounds that they were the “main movers” of the pro-democracy rally on July 9, 2011, organized by Bersih (Coalition for Clean and Fair Elections). They had initially been criminally charged with “preparing to wage war against the king,” evidently based on their possession of T-shirts with portraits of dead or long retired Communist Party leaders. After they were released on July 2 on bail, they were immediately re-arrested under the Emergency Ordinance.

“The Malaysian government has replaced its bogus criminal charges with the hammer of preventive detention to lock away political opposition leaders,” said Phil Robertson, deputy Asia director at Human Rights Watch. “The PSM 6 should be immediately released whether or not they organized the peaceful July 9 rally.”

Lawyers for the detainees told Human Rights Watch that the “PSM 6″ have been held in solitary confinement, subjected to continual and intense interrogations, and blindfolded both in detention and during transport to meet with legal counsel. Habeas corpus hearings, to determine the lawfulness of their detention, are scheduled for July 22 in Kuala Lumpur High Court, yet it is unclear whether the police will permit any of the detainees to attend.

The police and the Attorney General’s Chambers are expected to argue that detention under the Emergency Ordinance is both justifiable and lawful. Malaysia’s Emergency Ordinance permits the police, on their own initiative, to hold anyone they deem a threat to public order for 60 days. The home minister may extend detention for two more years, renewable indefinitely in two-year increments.

Twenty-one other PSM party members were released on bail on July 4 after being charged under the Societies Act with acting on behalf of an unlawful organization and under the Internal Security Act with being in possession of subversive documents. Available information indicates that the 21 are being prosecuted for engaging in their rights to freedom of expression, association, and assembly, Human Rights Watch said. Their release on RM8000 (US$2,670) bail appears grossly excessive in light of their alleged crimes.

The PSM 6 are: Michaeal Jeyakumar Devaraj, PSM member of parliament for Sungai Siput; Sukumaran Munisamy, PSM Central Committee member; Letchumanan Aseer Patham, PSM Sungai Siput branch secretary; Choo Chon Kai, PSM international coordinator; Sarasvathy Muthu, PSM national deputy chairwoman; and Sarat Babu Raman, PSM youth chairman.

Parti Sosialis Malaysia is a legally registered political party and currently has one member in the national assembly. When it began its campaign on June 24, its agenda included promoting participation in Bersih’s July 9 march and educating Malaysians about issues the ruling government coalition were not addressing, such as combating government corruption, calling attention to growing income gaps, and raising concerns about increased ethnic tensions and deteriorating democratic institutions in the country.

Human Rights Watch has repeatedly called on the Malaysian government to end the use of all preventive detention legislation, including the Emergency (Public Order and Prevention of Crime) Ordinance, the Internal Security Act, the Dangerous Drugs (Special Preventive Measures) Act 1985, and the Restricted Residency Act 1933. In April 2009, Prime Minister Najib Razak promised a review of preventive detention and other repressive laws. Despite repeated government promises to send legislation to amend preventive detention laws to parliament, nothing has happened.

“It’s high time that Malaysia’s leaders recognize that democratic governance means engaging with the political opposition rather than throwing them in jail,” Robertson said.

Malaysia: Free ‘PSM 6’ Opposition Leaders
JULY 20, 2011 – Human Rights Watch

90 groups demand release of EO6

“Free them now! Free the detainees! Abolish the Emergency Ordinance!,” they shouted.

A few hundred people gathered outside the Bukit Aman federal police headquarters here after Friday prayers today demanding the unconditional release of six Parti Sosialis Malaysia (PSM) members who are being detained under the Emergency Ordinance (EO), which allows for detention without trial.

The group representing some 90 groups started gathering at 2.30pm and was led by PSM, which handed over a memorandum to the police.
“We feel that this constitutes political robbery. We are being blacklisted as human beings by the authorities,” PSM president Dr Nasir Hashim said.

“There should no longer be any considerations, release them now. We are proud to be gathering here today as we want them to know that the power of the people decides things. We pay taxes and we vote. This is unfortunate. Bersih rally is over, why detain them?” asked Hashim on a loud-hailer to a cheering crowd.

The police, who stood a distance away, showed noticeable restraint and allowed the group of about 200 or so to gather with banners condemning the police for more than an hour.

Police also moved the crowd to a shaded area at the sidewalk and monitored the crowd silently.

Addressing the crowd, PKR vice-president Tian Chua said the government is still dozing as it failed to realise it is not relevant anymore.

“This is the time of the rise of the rakyat. We will not stop here. If this memorandum is ignored, we will return in bigger numbers!” he said.

“This (protest) is not just for the six detained under the EO but to free our people, our rakyat, from the clutches of cruelty,” he added.

…more (FMT)
90 groups demand release of EO6
Teoh El Sen
July 22, 2011

5,000 doctors appeal for release of Jeyakumar

We, members of the Federation of Private Medical Practitioners’ Associations of Malaysia, representing more than 5,000 doctors nationwide are writing to your kind office to consider our appeal for the release of Dr D Jeyakumar.

We are extremely concerned at the continued detention of our colleague Dr Jeyakumar whom we all recognise and acknowledge as a law-abiding competent, kind and diligent doctor. His public service record is exemplary and to the very best of our knowledge he is certainly not a threat to our society.

Dr Jeyakumar comes from an illustrious family with an undying passion for loyal public service to Malaysia. TJ Danaraj, his uncle, was the founding dean of the University of Malaya faculty of medicine. His father, TP Devaraj, was a long serving senior consultant physician at the Penang Hospital and is presently continuing his charitable work by being head of Hospice Penang.

Dr Jeyakumar himself has been known for his social work since his days as a medical student when he volunteered his time giving tuition to poor children from squatter and estate families. He subsequently served with the Ministry of Health spending considerable time in rural postings all over the country and selflessly serving the rakyat.

Even in his present private practice, Dr Jeyakumar’s patients come mainly from the underprivileged and lower socio-economic class. He is well known for his capacity for charity and kindness for all under his care regardless of ethnicity and religion.

Doctors urge for immediate release of Dr Jeyakumar

We, the undersigned doctors, including members of the Malaysian Medical Association (Perak Branch), and/or the Perak Medical Practitioners Society

1. are very concerned and troubled over the prolonged ‘illegal’ detention of our colleague Dr. Jeyakumar Devaraj.

2. are concerned for Dr Jeyakumar’s health, which seems to be deteriorating under detention.

3. are deeply saddened, hurt and disillusioned by the action of the Judiciary (which is supposed to be to be independent) which on 13/07/2011 delayed the hearing date of habeas corpus application of Dr Jeyakumar and five others by a month.

We urge the immediate release of our colleague, who is also the Member of Parliament Sungai Siput, Dr Jeyakumar Devaraj.

Dr Jeyakumar and five other Socialist Party of Malaysia (PSM) members were ‘illegally’ detained under the Emergency Ordinance recently. They have been placed in a cruel and unjust situation. They were first accused of waging war against the King and now of being a threat to national security, allegedly trying to revive communist ideology. They are subjected to interrogation and solitary confinement, denied proper visitation rights with their lawyers and close family members. This is of course unacceptable in a civil and democratic society.

We say that the detention is ‘illegal’ because till today, there is no solid and substantiated basis for the continued detention of Dr Jeyakumar Devaraj and five of his PSM colleagues.

We scarcely need reminding that Article 5 (1) of our Federal Constitution says no person shall be deprived of his life or personal liberty save in accordance with the law.

‘Release PSM EO6′ candle light vigil

Bukit Bintang ‘Release PSM EO6′ candle light vigil

Great concern over the incarceration Dr Jeyakumar

I write with great concern over the incarceration of Sungai Siput parliamentarian Dr D Jeyakumar, or Kumar, under the Emergency Ordinance. It is mystifying to me how the authorities can construe Kumar’s commitments and political activities as either waging war against the Agong or subverting the nation.

What has become of the Malaysian power structure that such an individual, widely seen as brilliant and deeply caring, can be so cynically arrested by using the bogeyman of communism? As an old friend, it is equally worrisome to hear that he has been admitted to the National Heart Institute (IJN), with the possible harm to his health brought about by this outrageous action.

Kumar and I go back a long way. There is a family picture of him and me when we were one year old, but I do not remember the encounter. We became friends in Penang Free School, where Kumar spent more time in community and educational projects than in class, though still managing to become the top student in our school.

After the Higher School Certificate exam (HSC) in 1973, we travelled together for two months in India. I wished to be far away from home when my HSC results came out and Kumar wanted to understand why so many people were poor in India.

Later both of us went to the United States to study, he at Yale and I nearby at Wesleyan. To my surprise, but totally consistent with his desire to lead a socially meaningful life, Kumar decided to return to Malaysia to do medicine as this would enable him to understand and serve his fellow beings, especially the weak and marginalised, better.

Although I would be based mainly in Singapore and the US subsequently, I would meet Kumar from time to time, and learn of his political and community service activities and his thinking on Malaysian society.

Much has been said already in Malaysiakini and elsewhere about Kumar’s amazing range of public health and social projects, so I need not be redundant.

All I wish to say is that in all the time I have known Kumar, I have never seen any violent streak in his person, he being constitutionally incapable of such behaviour. And being a very gentle person, he is averse to forcing his ideas on anyone or to act against basic democratic norms. He has been an enabler all his life, not a subverter.