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 [...]]]> 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 whereisjustice@jelas.info, and we will do our best to get a copy to you at RM 30 (incl delivery costs), on a COD basis.

Kinibooks, which had two of its books confiscated in a series of raids nationwide this year, has condemned the action and called for the halt of harassment against booksellers.

The publisher, a subsidiary of Malaysiakini, had 118 copies of its latest books, 1Funny Malaysia and Where is Justice, seized from bookstores in Malacca, Johor, Penang and Negeri Sembilan since Jan 7.

The seizures were made under Section 18 of the Printing Presses and Publications Act 1984, as the books were suspected to cause harm to public order, morality, public safety and international relations.

When contacted, the authorities toldMalaysiakini that the books are not banned and that the seizure was to enable police officers to “analyse their contents”.

“If they wanted to review the books, they could have gotten them from us. We would be happy to give them a free copy each,” saidMalaysiakini editor-in-chief Steven Gan.

“We want the police and the Home Ministry officials to stop the harassment of booksellers across the country,” he said.

He added that Kinibooks is sending a legal letter to the Home Ministry demanding a reason for the seizure and that the books to be returned.

Stop using back door tactics

Echoing the sentiment was Where is Justice editor, Nathaniel Tan, who said that the ministry should “just do (the review) and make its decision quickly”.

“If you want to ban it, then do so, and we will challenge it in court. Instead they are using back-door tactics to stop the public from getting the books.

“The books are not very long and can be finished within one day. I would expect the officers at the Home Ministry to be able to do so,” he said.

He, however, added that there was no legal reason to ban the book, as it was based on facts and this “will hold up in a court of law”.

1Funny Malaysia author Zulkiflee Anwar Haque (better known as Zunar) said that the action is stifling the already under-developed Malaysian political cartoon industry.

“A cartoonist’s role is to be a watchdog for the government (but) they are trying to instill a culture of fear and affect their work,” he said.

Zunar added that he refused to be cowed and that the seizures, along with that of his other publication, Gedung Kartun, have only strengthened his determination.

“I have received emails from readers from all walks of life telling me to keep going, and this is because cartoons reach out to people of all ages and backgrounds,” he said.

There’s a silver lining though, with Kinibooks boasting higher sales after the seizures begun due to the “free publicity”.

“We also have bookstores asking for more copies,” said Malaysiakinigroup business development manager See Tho Chee Seong.

Some bookstores have, however, taken the books off the shelves and are only selling them upon request.

“This is not right… Stop being sneaky and underhanded. If (the government) is concerned about their dirty laundry being aired, then do something about the dirty laundry. Don’t harass the booksellers,” said Tan.

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 [...]]]> 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!

The first concerns the Emergency Ordinance – a lesser known cousin of the draconian ISA:

Suaram expresses disappointment and concern over the re-arrest of the three men under the Emergency Ordinance (Public Order and Crime Prevention) at Muar yesterday. The trio, M. Nandakumar [...]]]> Just wanted to highlight to cases of abuse of police power from Suaram recently.

The first concerns the Emergency Ordinance – a lesser known cousin of the draconian ISA:

Suaram expresses disappointment and concern over the re-arrest of the three men under the Emergency Ordinance (Public Order and Crime Prevention) at Muar yesterday. The trio, M. Nandakumar (43), M. Thirugnanam (33) and K. Jayaraman (56), were charged with the murder of businessman Datuk M. Gunasegaran. They were released by the High Court yesterday after the prosecution dropped the charges. However, the police re-arrested three of them under the Emergency Ordinance (EO) once they stepped out of the court room.

This shows utter disrespect for the process of law and order. If the courts find nothing to charge these men with, how can the police be so sure they are the murderers?

If we are deciding people are guilty without proof that can hold up in court, we might as well go back to the feudal system right, where might is right?

Another case = the ridiculous arrest under the ISA of Cheng Lee Whee (who I think I heard speak at last year’s Suaram dinner) in Johor last year, who remains set to be charged in court :P Her crime?

Making a police report O_O

The case concerned a police siege (complete with anti-bomb squad :P ) on Kampung Baru Pelentong Tengah, a recap is below.

Kes Ahli Secretariat Suaram JB, Cheng Lee Whee yang didakwa dibawah Kanun Keseksaan Seksyen 182 akibat tindakan membuat laporan polis untuk mempertahankan hak-hak penduduk Kampung Baru Plentong Tengah (KBPT), telah ditangguhkan ke 25hb Januari tahun ini (Isnin) sementara Peguam Negara mempertimbangkan tuntutan untuk mengugurkan dakwaan ke atas Cheng Lee Whee.

Penangguhan tersebut adalah hasil tindakan penghantaran petisyen oleh 35 pertubuhan dan parti kepada Peguam Negara di Putrajaya pada 24hb November 2009 (Selasa) untuk menuntut supaya pendakwaan terhadap Cheng digugurkan. Sebanyak 35 pertubuhan dan lebih kurang 500 individu telah mengabsah (endorse) petisyen tersebut.

Timbalan Ketua Bahagian Pendakwaan Mohamad Hanafiah Zakaria (b/p Penguam Negara Malaysia) dalam surat kepada Suaram KL yang bertarikh 11hb Januari 2010 menyatakan bahawa Penguam Negara setuju untuk mengugurkan dakwaan terhadap Cheng Lee Whee. Namun demikian, Cheng dan penguam beliau Encik Hassan Karim masih belum menerima surat rasmi daripada pihak mahkamah yang mengesahkan pengguguran dakwaan ke atas Cheng Lee Whee.

What’s with these unfulfilled promises? >:( Are they going to go ahead with this ridiculous charge?

Background:

Cheng Lee Whee seorang aktivis Suaram Johor telah ditahan untuk siasatan di bawah Seksyen 28 ISA oleh Polis IPD Seri Alam atas arahan Ketua Polis Negeri Johor, Datuk Mohd. Mokhtar bin Hj.Mohd Shariff selama 19 jam pada 18 Oktober 2008. Beliau ditahan kerana membuat aduan di Portal Polis Kontinjen Johor (www.polisjohor.gov.my) tentang pengusiran paksa yang berlaku di Kampung Baru Pelentong Tengah (KBPT) pada 10.00 am 16hb Oktober 2008.

Ketua Polis Johor Baru , Mokhtar Shariff menegaskan perintah reman telah dikeluarkan kerana menyebarkan ‘laporan palsu’ kononnya polis telah menyalah gunakan kuasa dalam operasi perobohan sebuah kampung setinggan di Johor. 27 orang ditangkap kerana menghalang pelaksanaan perintah mahkamah bagi merobohkan rumah-rumah kosong di Kampung Baru Plentong Tengah.

Pada 16 Oktober 2008, jam 10.30 pagi, lebih 200 penduduk termasuk kanak-kanak mempertahankan rumah kediaman mereka di Kampung Baru Pelentong Tengah (KBPT) supaya tidak dirobohkan oleh pihak pemaju. Mereka membina benteng manusia dan duduk dengan aman tanpa sebarang senjata di pintu masuk kampung KBPT. Pihak polis menghantar 553 anggota polis yang terdiri daripada pelbagai unit, termasuk Pasukan Gerakan Am (PGA), Pasukan Simpanan Persekutuan (FRU) yang dilengkapi kereta air cannon, Unit Udara Polis, Unit Marin Polis, Unit Anjing Pengesan, unit Pemusnah Bom, serta helicopter untuk berhadapan dengan penduduk kampung yang hanya seramai 200 orang penduduk yang tiada sebarang senjata untuk “mengawal” keadaan bagi memastikan proses meroboh beberapa rumah kosong berjalan lancar. Ramai penduduk cedera dalam pengusiran paksa tersebut dan seorang ahli JKB pengsan.

He said that every individual, including those writing blogs including updates in the social networking website Facebook, will be investigated for sedition if they flamed sentiments and encouraged [...]]]> In honesty, the remark about not having enough cops to patrol places of worship may have escaped my attention if not for this particular gem from our IGP:

He said that every individual, including those writing blogs including updates in the social networking website Facebook, will be investigated for sedition if they flamed sentiments and encouraged people to break the law.

Haiyo. I can just imagine Musa Hassan, sitting at his desk going through thousands of Facebook updates :P You know, those kind of people who type with one finger at a time?

Get with the times man, and go catch some real criminals.

The two PKR Youth leaders detained by police here yesterday for circulating leaflets alleged to be seditious have been placed on remand for three days beginning today.

They were arrested after Friday prayers at a mosque here while circulating leaflets calling on the Kuala [...]]]> I always get so incredibly irritated when cops arrest people for stupid reasons.

The two PKR Youth leaders detained by police here yesterday for circulating leaflets alleged to be seditious have been placed on remand for three days beginning today.

They were arrested after Friday prayers at a mosque here while circulating leaflets calling on the Kuala Lumpur Syariah Court to expedite hearing of the sodomy case involving PKR advisor Anwar Ibrahim.

I mean, what for goodness sake is seditious about flyers asking for a trial to be expedited?? What exactly is the need to hold them for 3 days again??

Such trigger happy tendencies display an over-sensitivity that I can only attribute to ridiculous levels of government insecurity over the way it is running the country, and levelling unbelievable criminal charges against political opponents.

Next thing I know, I’ll be hauled up because my book has a picture of Altantuya on it :P

ps- on this subject, do see Haris Ibrahim’s latest update on a recent death in detention.

After much work, we finally have our latest book out – this blog post will constitute its ’soft launch’ :)

The book, published by Kinibooks, is entitled “Where is Justice? Death and Brutality in Custody” and features 4 major case studies [...]]]>

ps- on this subject, do see Haris Ibrahim’s latest update on a recent death in detention.

After much work, we finally have our latest book out – this blog post will constitute its ’soft launch’ :)

The book, published by Kinibooks, is entitled “Where is Justice? Death and Brutality in Custody” and features 4 major case studies (Teoh Beng Hock, Kugan, Altantuya and Anwar’s black eye), as well as Suaram reports detailing as many known deaths in custody as possible.

John Lee and I (well, largely John) put in a lot of work trying to give an accurate a picture as possible, and compile as much data as we could in trying to give a systematic, detailed picture of this horrific trend in Malaysia.

I think I’ll leave it at that for now – I think our distributor, Gerakbudaya, will be selling them tonight at the following talk. Swing by and pick up a copy, while listening to a profound Malaysian intellectual!

Speaker: Prof Jomo Kwame Sundaram
Title: When will we ever learn? Has Malaysia learnt the correct lessons from past crises?
Date: Wednesday, 16 December 2009
Time: 7.30pm
Venue: Hotel Singgahsana, Persiaran Barat, off Jalan Sultan, 46760 Petaling Jaya (next to Taman Jaya LRT Station)
Admission: FREE

A short prayer ceremony to mark the Internal Security Act (ISA) detention of five Hindraf leaders two years ago was marred by the arrest of one of the movement’s key leaders S Jayathas.His alleged crime – wearing an anti-ISA button badge.Shortly after leaving a Hindu temple in [...]]]> Haiyo. Small thing like this still want to arrest.

A short prayer ceremony to mark the Internal Security Act (ISA) detention of five Hindraf leaders two years ago was marred by the arrest of one of the movement’s key leaders S Jayathas.

His alleged crime – wearing an anti-ISA button badge.

Shortly after leaving a Hindu temple in Bangsar Utama where the prayers were held, a uniformed police officer grabbed Jayathas and said the arrest was because the latter had sported the button badge.

The police had been a little quiet since the days of the wanton Perak vigil arrests, but it seems they are back to their old nonsense now.

Thankfully, Jayathas has been released, but seriously – what on earth was all the fuss about? One little badge threatening national security?

And fifty cops needed for this whole operation? A dozen in riot gear?

Need we any clearer indicators that our police are hopelessly mismanaged? Out hunting badges when they could be stopping crime?

Sigh.

Denying that the mysterious death of DAP political aide Teoh Beng Hock at the MACC headquarters at Plaza Masalam, Shah Alam on July 16, 2009 had attributed to his early retirement, Ahmad said:

“Teoh Beng Hock’s case is nothing. It is a very small case. We have handled much bigger cases.’’

Really?

That’s strange, I don’t seem to [...]]]> LKS:

Denying that the mysterious death of DAP political aide Teoh Beng Hock at the MACC headquarters at Plaza Masalam, Shah Alam on July 16, 2009 had attributed to his early retirement, Ahmad said:

“Teoh Beng Hock’s case is nothing. It is a very small case. We have handled much bigger cases.’’

Really?

That’s strange, I don’t seem to recall any other case where the MACC was so strongly suspected of murder, do you?

Ahmad Said thinks that money is bigger that human life?

>:(

I agree with the majority who still raise the two most burning questions:

1. What was their motive? 2. Could they possibly have acted without instructions?

That two relatively low ranking policemen could decide not only to murder but to blow up a woman of their [...]]]> Updated: see Malik Imtiaz’s insightful comment re: motive and prosecution oddities. Thanks bro!

I agree with the majority who still raise the two most burning questions:

1. What was their motive?
2. Could they possibly have acted without instructions?

That two relatively low ranking policemen could decide not only to murder but to blow up a woman of their own accord, with absolutely nothing to gain (no money, no vengeance, no nothing; isn’t establishing a motive vital to proving a murder? I stand corrected by Jinn), still remains beyond the realm of belief to me.

The highly suspicious circumstances surrounding the process of this trial continue to stick out like a sore thumb. Having never seen their faces, and not knowing how the appeal process will go, we will also cannot know for sure if these two men will actually hang.

If they are going to, it really would be a good time for them to sing – to tell the truth in some hope of finding ablution before the real judgment day, and let the world know what really happened that night.

In all honesty, I’m not sure what kind of penalty befits these two men, who in all likelihood pulled the trigger (and administered that hard-to-procure C4). But I do feel that somebody, somewhere, is escaping unpunished.

Sadly, I do believe that without evidence, we cannot prosecute whoever these people may be. But God help whoever might be hiding or withholding any such evidence, should it exist.

A few decent things have happened in the first week of Najib’s premiership. This is not one of them.

Justice did not prevail today. Let us never cease to pursue it.

Altantuya and family – we’re sorry Malaysia has failed you thus far :(

*

We also seem to be failing Kugan. While we were again distracted by the by-elections, some ridiculous findings by the Ministry of Health were made, and the police have raided the office of the doctor who did the second post-mortem.

The Empire strikes back.

More on this to come soon, I hope.

Updated: See a great, diplomatic article by David Quek on this matter, current president of the Malaysian Medical Association.

Kugan, who was detained on Jan 15 on suspicion of being involved in stealing luxury cars in Sungai Chua, Kajang, and was brought to the Taipan police station on Tuesday where he suddenly collapsed and died while being questioned.

He had asked for a glass of water and threw up after drinking, then collapsed. The [...]]]> The Star:

Kugan, who was detained on Jan 15 on suspicion of being involved in stealing luxury cars in Sungai Chua, Kajang, and was brought to the Taipan police station on Tuesday where he suddenly collapsed and died while being questioned.

He had asked for a glass of water and threw up after drinking, then collapsed. The policemen present immediately summoned a doctor from a nearby clinic to examine Kugan, who was pronounced dead minutes later.

What. The. Fuck.

I’m not a medical professional, but have any of you *ever* seen anyone drink water, throw up, and then collapse and die? :|

Now, I’m an open minded man, and will willingly concede that I’m still in the dark as to a number of details.

But when our favourite policeman, Selangor CPO Khalid Bakar (of ‘no, we didn’t charge them while they were singing Negaraku’ fame), insists that Kugan died from ‘liquid in his lungs,’ you can’t blame me for being a bit suspicious.

Especially after Prabakar’s experience of police brutality, and his still missing cousin Solomon.

The following video and pictures of the victim speak a thousand words. (see more pictures here)

ps- We may see this matter raised in Parliament.