Jun 062012
 

Yet another extrajudicial killing case :(

SHOOT TO KILL! SAME OLD MODUS OPERANDI BY THE POLICE!

SUARAM expresses regret over the deaths of 3 individuals, siblings Aidi Noor Hafizal Othman and Noor Azman Othman and friend Ahmad Soufa  Ahman who were shot dead by the Royal Malaysian Police on 14 April 2012 at Billion roundabout, Cheras.

 

According to the City Criminal Investigation Department chief Ku Chin Wah claimed that the trio were suspects in relation toShah Alam jewellery shop heist on April 6. It is embarrassing to note that the model answer from the police in death by shooting cases is always that victims were suspects in a crime, without having to pursue a thorough investigation and/or prosecution in the court of law. It is with regret to recall the death of Aminulrasyid, 15, who was suspected to be a robber and was subsequently shot to death. Have not the Royal Malaysian Police derived any valuable lessons from Aminulrasyid’s untimely demise?

 

This “instant death penalty” sentencing by the police undermines the role and function of the Prosecution and the Judiciary as it broke the chain of due process of a fair trial. Needless to say, police’s conduct, devoid of proper check and balance from what IPCMC could have provided, flew in the face of an individual’s right to life, right to a fair trial and the doctrine presumption of innocence.

 

It is educational to note Article 3 of United Nations Code of Conduct for Law Enforcement Official stipulates that “law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty”

 

Article 5 of Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states that, “whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall:

a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved,

b) Minimize damage and injury, and respect and preserve human life…”

 

SUARAM urge that the police officers involved in the shootings be charged in court in accordance to the law. The deaths of Aidi Noor Hafizal Othman, Noor Azman Othman and Ahmad Soufa Ahman cannot be just a mere entry into the statistics. On this note of extreme urgency, SUARAM urges the government to form the long overdue IPCMC.

Released by,
Thevarajan.R
Right to Justice Coordinator
SUARAM
Jun 052012
 

Another tragic death in custody >:( Where does it all end?

Was this man beaten to death?

Would beatings not be a plausible cause for peritonitis?

Peritonitis may be localised or generalised, and may result frominfection (often due to rupture of a hollow organ as may occur in abdominal trauma or appendicitis) or from a non-infectious process.

Press Statement: 4 Jun 2012

 

NOT ANOTHER DEATH IN CUSTODY!

NOW, WHO’S RESPONSIBLE?

 

SUARAM expresses regret and is disappointed at the latest death in custody involving deceased, Isparan a/l Subramaniam, 37, on the 29th May 2012. Isparan was pronounced dead at about 10:30AM at Sungai Siput Utara Police Station’s lock-up.


The post mortem result from Ipoh Hospital indicates that Isparan died of “Perforated Peptic Ulcer with Peritonitis”. Isparan was suspected as a drug addict and was arrested and detained at Sungai Siput lock-up before his premature demise. He is survived by his wife and three children. Isparan’s family members are in grief and were haunted by many questions left unanswered:-

 

  • The deceased had never had any gastreous problems and/or anything relating to gastreous problems prior to the arrest. How could he have begotten “Perforated Peptic Ulcer with Peritonitis” while under custody?
  • If the cause of death according to the post mortem is true, which the family members vehemently deny, why have not Isparan been referred to the hospital immediately?

 

SUARAM questions and will continue to question the gross negligence by the Officer-in-Charge’s acts and/or omissions in failing in his duty to ensure the detainees are always safe and in good health. We demand that the Officer-in-Charge produce his daily Journal immediately for scrutiny, failing which, the allegation of tampering with evidence by the Officer-in-Charge is inevitable.


It is in the best interest of the public that the Chief Police of Perak answers these questions. Otherwise, the public will hold the Officer-in-Charge and/or police liable for negligence and as result caused Isparan’s death.


SUARAM urges the government to establish a Royal Commission of Inquiry to determine WHY instead of HOW Isparan died in police custody.  SUARAM pushes and will continue to push for the formation of Independent Police Complaints and Misconduct Commission (IPCMC) to prevent future death in police custody. 

Released by,
Thevarajan.R
Right to Justice Coordinator
SUARAM
Feb 232012
 

It may be repetitive, but I’m going to try and highlight as many of these cases that I can. Apologies to MK et al for the simple copy pasting.

This trend is long ongoing, and continues to be deeply troubling.

In addition to the police, who have suffered from this problem for a long time, we now see more cases involving Rela.

There are serious concerns – to my mind far from unfounded – that Rela is being turned into nothing but a gang of thugs. I’m sure there are some sincere, good individuals in their ranks, but the general trend looks bad.

What is Najib up to when he keeps cosying up to Rela?

Are these going to be Umno-led thugs to create chaos in case of a BN loss in GE 13?

Are they practicing by bullying unarmed Malaysians?

I doubt Mr. Mogan is guilty, and even if he were, only a lawless state would treat criminals this way.

Our system is in very bad need of cleaning >:(

Mechanic: Gun pointed at my head to force confession

A 42-year-old mechanic has claimed that he was stopped and assaulted by eight Rela personnel after filling petrol in his car in Kajang four days ago.

On top of that, when the Rela officers turned him in to the Taming Jaya police station, he was assaulted by four police personnel who allegedly wanted him to admit to car and lorry theft.

NONES Mogan (left), of Balakong, said his ordeal began about 5am before he was to meet a friend who had sought his help at his workshop and house.

“I decided to fill up my car with petrol as I wanted to send my children to school soon after. As soon as I filled up, I was stopped by the Rela personnel who accused me of car theft,” he said at a press conference today.

“They searched my Nissan Sunny car and saw that I had many spare parts. I told them that I am a mechanic but this was met with one of them using a metal rod to hit my left leg. Then the other Rela personnel assaulted me, punching and kicking me on the body and in the back.”

Mogan said he was then taken to the Taming Jaya police station by the Rela personnel where they told the police that he was a drug addict.

There, the police personnel allegedly assaulted him with a water hose and hit him on the feet, to get him to confess to stealing cars and lorries.

“At one point, one of them pointed a gun at my head, threatening to kill me if I did not confess. The police officers showed me vehicles (outside the police station that they said) had been stolen. (They said the cases) remained unsolved and (that they) would put the blame on me to have the cases closed.

“They continued to beat me on the feet and shouted verbal abuse. I was in severe pain as I suspected that my left leg had been fractured by the use of the iron rod.

When they pointed the gun at my head, I told them to shoot me as I could not stand the pain. They wanted me to sign a blank letter but I refused.”

Mogan, who said he was held at Taming Jaya from 6am to 9am, was taken to the Kajang district police station where a police officer put him through a urine test.

Mogan, who is married and has three children, said the officer also checked his background and noticed that he does not have a criminal record.

“As the urine test proved to be negative and as I do not possess any criminal record, the officer decided to release me. He told me to seek medical treatment and to come back to lodge a police report afterwards.”

Losses of RM5,000

That afternoon, after seeking medical treatment, he went to retrieve his car from the Taming Jaya police station and noticed that the spare parts, spare battery, alternator, and tools were missing.

I had RM1,300 in my wallet, which was given to the police, but the money is missing. My Nokia handphone and other spare parts like spark plugs are also missing. I estimate my loss to be in the range of RM5,000,” he said.

“I have lodged a police report soon as I wanted the police to investigate the matter. There are receipts for all the items at my workshop. If the items are from stolen vehicles, come and prove it to me.”

He claimed that his injuries have caused bruises all over his body, a fracture to his left leg, and slight difficulty in hearing.

Mogan said a police officer had taken photos of his injuries yesterday.

I am scared as one of the police officers in Taming Jaya warned me that they will watch me closely. I fear for my life,” he said.

police tortured victim 110107 lawyer P UthayakumarHindu Rights Action Force (Hindraf) leader P Uthayakumar (right), who was present, said there has been a concerted effort by the authorities to pick up Indian Malaysians and to try to force confessions out of them to resolve crime.

“Hindraf does not condone crime but we are concerned if the Rela and police are going about this in such a way as to force a confession. This is illegal and worrying and we want the inspector-general of police (IGP) and the attorney-general (AG) to investigate the matter,” he said.

“For this reason, I have written to the AG and IGP today to investigate this allegation. Mogan does not have a criminal record as verified by the Kajang police but why subject him to such treatment?”

Uthayakumar said Hindraf wants to see the formation of the Independent Police Complaints and Misconduct Commission as proposed by former Chief Justice Mohd Dzaiddin Abdullah.

Jun 182010
 

Good to be home, slept like a baby for the 1st time in weeks :P

The news I’m coming home to though, is enough to keep one up for weeks.

For starters, yet another brutality case, this time in the Air Force. As if anyone believes a sergeant was the only soldier involved in stealing such a huge engine – a soldier they had to beat the shit out of, no less.

Reminded me of the scene in The Kingdom, where a Saudi general tries to beat a confession out of a Saudi cop, except I bet Sgt Tharmendran had it much worse:

(Tharmendran’s father) Nagarajah (left) claimed that two RMAF officers, a Major Azam and a Major Ismail, had beaten and mistreated his son over a period of nearly three weeks from July 2 to 17 last year.

He claimed that Major Ismail made Tharmendran wear a crash helmet, which he then proceeded to hit repeatedly using a golf club and a cricket bat alternatively.

Nagarajah said Major Ismail told his son that he had written the names of all those he had tortured , including Tharmendaran’s on the crash helmet

Nagarajah also claimed that his son was stripped to his underwear in a room where the air-conditioning was going full-blast, and that he was not allowed to sleep, with regular interrogations after midnight.

“All the time, they kept asking him to confess he had stolen the two F5E fighter jet engines from Sg Besi TUDM Base.

“Major Ismail also threatened to shoot my son and (co-accused) Rajandran Prasad,” he said in his report.

This in turn reminds me of how only one Indian cop was ever charged in the death of A. Kugan. Come to think of it, I bet that didn’t do wonders for certain quarters in the PDRM.

Yet another case while I was away, where a father again contests the police version of events – this time a lockup case where a suspect “hanged himself“.

It seems a neverending list :(

How long more are we going to put up with people being thrashed within inches of their lives just to cover up the corruption of the powerful? >:(

Feb 122010
 

Thanks to MK and MKTV for carrying the press conference we had today on the seizues of Where is Justice and 1FunnyMalaysia. Here’s the video:

Some other facts: I was told that in Johor, authorities have been going round to some book vendors – not even seizing books but just giving the vendors a hard time and intimidating them. This is clear undue harassment and abuse of power! >:(

A summary of the points I/we made:

- The books were seized on the pretext of being a threat to public order. I think public order is indeed threatened. How else can we interpret detainees falling out of buildings, being blown up or being beaten, tortured and killed?

- If the government doesn’t want its dirty laundry aired in public, start cleaning their clothes, rather than shooting the messenger.

- Even after the book was published, even more cases were revealed like P. Babu and Norizan Salleh. The reason we compiled these books is to help bring these cases to light, and prevent any further cases. One day it may involve you, me, our familes or loved ones. We must stop this culture of impunity.

Two other pieces of related news today. The family of P. Babu, who I mentioned today, was apparently threatened with detention without trial under the Emergency Ordinance if they were to further their pursuit for justice for Babu, who died in custody >:(

When contacted, Malaysia Alternative Action Team president Kalaivanar, said:

“The police threatened to book his friends and family members under the emergency ordinance if they continued their efforts to publish the case in the media and go for a second post mortem.”

He also said that this is among the reasons why the family claimed the sawmill worker’s body.

After the family suffered such a loss, can you imagine this further trauma? >:( >:( Where is justice indeed if those who seek it are threatened with such abuses of power!?

Another disturbing precedent was also set in court today:

The Kuala Lumpur High Court today rejected an author’s application to quash the government’s decision to ban his book on the Kampung Medan riots, almost nine years ago.

In his decision, Justice Mohamad Ariff Md Yusof ruled that the then-deputy home minister’s decision to ban the Tamil language book, titled ‘March 8′, was valid as he (deputy minister) considered that the circulation of the book would be prejudicial to internal security and public order.

He said, the deputy minister in this case, had absolute discretion to exercise the powers of the minister in prohibiting the publication and the printing of the book, after considering views from the police and the ministry that the book would be prejudicial to internal security, and “poison the minds of the readers, especially the Indian community”.

I haven’t read Mr. Arumugam’s book, but suffice to say this is not something we’re thrilled about.

The following is the Malaysiakini article from today in full, preceeded by our obligatory how-can-you-get-a-copy of Where is Justice blurb:

1. Get one from your local major bookstore (I’ve previously seen them available in Popular, MPH, Borders, etc)

2. Order one online from Kinibooks.

3. (If you live within the Klang Valley) Place an order with [email protected], and we will do our best to get a copy to you at RM 30 (incl delivery costs), on a COD basis.
Continue reading »

Feb 112010
 

Remember this guy?

I wrote some time back on how this elderly, very humble living gentleman had RM 17 million worth in land stolen from him.

This morning, I accompanied my friend (the gentleman’s grandnephew) to the Shah Alam High Court, where we received wonderful news – the land has been returned to its rightful owner! Justice prevails!

I think the good guys at theSun might do a fuller follow-up on it, so we’ll wait on that :)

My friend and I then headed up to Suhakam, where there was a meeting with a commissioner over the Norizan shooting case.

It was heartening to meet this petite but brave young lady, and to see Malaysians from all backgrounds – including old friends and comrades it was good to see again – gather to support her cause.

The Memo they presented in full:

Continue reading »

Feb 102010
 

ps- There is a gathering tomorrow, Thursday 11th Feb, at SUHAKAM (Menara Tun Razak) at 11am, to present a memorandum on this case. Show some support if you can.

I have been meaning to write about the Norizan case for some time now. Of the material and coverage I’ve come across, the best narrative appears to be from Merdeka Review – I read the BM version, edited by an old friend of mine, Hong Siang.

Using this article and the police report that was made, I have pieced together the following narrative. Comments follow:

On the 30th of October 2009 at around 4.30am, Norizan bt Salleh – a single mother of a 10 year old child with no criminal record – was traveling with three friends, getting a ride to her home in Segambut. She was seated in the back of the car on the left side.

An MPV filled with police suddenly appeared alongside them, and the police asked them to stop. Norizan asked the driver to comply, but he refused. Without warning, the police then began opening fire into the vehicle.

Norizan was shot five times before the car was forced to stop. Two shots hit her arm and wrist, another hit her chest, causing uncontrollable bleeding. As she crawled out of the car, unarmed and pleading for help, she was kicked and stomped on by the police until her rib cages broke.

At no point was there any procedural detention or interrogation. Norizan said all her friends in the car were brutalised and in an attempt to force a confession to robbery. Norizan has still not been charged with any offense.

Her medical bills, including treatment at the National Heart Institute for the wound near her heart, have run up to some RM 20,000. The police have refused to pay for this cost.

*

What the hell kind of country do we live in?! Some cowboy town?

At no point were the police under threat, and there is absolutely no indication that non-lethal means to force the car to stop were exhausted before resorting to a shooting spree.

They instead demonstrated complete and utter lack of discrimination between possible suspects and innocents within the car, and displayed the worse acts of inhuman cruelty to an unarmed, almost mortally wounded woman crawling out of a car pleading for help.

Norizan was lucky to have escaped with her life. Others were not.

When will it all end?

I’ve said it before, and I’ll say it again – we can’t vote the police out of anything, but we sure as hell can vote their bosses out.

I don’t ever want any of my loved ones to suffer anything like this just for being in the wrong place at the wrong time.

NO MORE!