Karuna’s family turns to IGP

The deceased police detainee's family wants Khalid Abu Bakar to act against the policemen involved in assaulting P Karuna Nithi.

KUALA LUMPUR: P Karuna Nithi’s family submitted a memorandum to Inspector-General of Police Khalid Abu Bakar urging him to take action against the officers who inflicted a slew of injuries on the deceased.

The 42-year-old lab technician died at the Tampin police station on June I after the Seremban Magistrate’s Court imposed a jail term on him for domestic violence.

Karuna died before his family could post the RM4,000 bail. The post mortem report stated that he died of liver complication but also found a total of 49 injuries on his body.

Speaking to reporters outside the Bukit Aman police headquarters this morning, Karuna’s elder brother P Elam Sezhian, 45, said his brother had no prior criminal records and should not have been treated like a criminal when in custody.

“It is a huge loss for me. My brother was not a criminal, nobody knows him better than I do.

“He admitted his mistake and was sentenced to jail, he got what he deserved. Why did the police have to beat him up in the lockup when he was supposed to be sent to jail instead?”

“We were there in court when his case was heard. He looked fine and we couldn’t see any injuries on him. But after the autopsy report, 49 injuries were found,” he added.

Elam urged Khalid to investigate Karuna’s case immediately and take action on the officers involved.

“The IGP must help us, we still have faith in the system. Now he has to prove that he is doing his part.

“Let us see the CCTV recordings in Karuna’s lockup, the police can’t hide this from the people. There is no reason to set up CCTVs in the first place then,” he added.

Police chief jumped the gun

PKR Public Complaints Bureau director S Manickavasagam, who accompanied the family, said Negeri Sembilan police chief Osman Salleh commited a blunder in giving a statement before the autopsy report was out.

“Osman told the press there were no injuries on Karuna’s body even before the autopsy was performed. On top of that, he blamed the opposition for lying to the public,” he said.

“Now who’s the liar? It was very irresponsible of him to give a statement to the public before the autopsy report was released. He should admit his mistake and resign,” he added.

Manickavasagam urged Khalid to take action on the officers involved, including Osman, or it would set a bad example to the rest.

Also present were Port Dickson state assemblyman M Ravi and NGOs such as Malaysian Indians Progressive Association (MIPA), Majlis Arus Perjuangan (MAP) and Tamilan Uthavum Karangal.

Suit against PM and DPM on Tamil schools withdrawn

Two lawyers today withdrew their suit against the prime minister, deputy prime minister and the government to seek a declaration that all 523 Tamil primary schools in the country should be fully-aided.

Counsel Ahmad Zyed Ahmad Zuber who represented both plaintiffs, former Kota Alam Shah asssemblyman M Manoharan and P Uthayakumar, informed justice VT Singham of the Kuala Lumpur High Court today that both the lawyers had decided not to pursue the matter further.

Singham recorded the withdrawal application after senior federal counsel Effandi Nazila Abdullah, representing the defendants, did not object.

Manoharan, when contacted later, declined to comment on what prompted he and Uthayakumar  (right) to withdraw the suit.

On Jan 14 this year, the Court of Appeal allowed an appeal by Manoharan and Uthayakumar to reinstate their legal suit after ruling that both appellants had locus standi to file the suit, and ordered the case to go for trial on its merits at the High Court.

On June 20 last year, Singham had struck out the suit ruling that duo had failed to show that they had locus standi to file the action.

Singham made the order after allowing the government's application to strike out the suit.
In their suit filed on Feb 9, last year, the duo, among other requests, sought for declaratory relief that all 523 Tamil primary schools in the country be fully aided.

They also sought an order for each Tamil school to be built on 4.05ha of land and be given equal financial allocations.

Manoharan, 51, and Uthayakumar, 51, also asked for an order that at least one Tamil boarding school be built in each district, especially for poor Indian students, and at least a secondary Tamil school be built in each state except Kelantan, Terengganu and Perlis.

They wanted an order that the Bukit Fraser Tamil school be given an allocation of RM200mil and be converted into a Maktab Rendah Sains Mara to enrol 1,191 UPSR students from Tamil schools who obtained 7As in their examination.

The government had claimed that the suit was frivolous, vexatious and an abuse of the court process.

- Bernama

Police deputy head honcho guns down IPCMC

Deputy inspector-general of police Mohd Bakri Zinin has poured cold water on renewed calls for the setting up of an Independent Police Complaints and Misconduct Commission (IPCMC) to keep his men in check following a string of deaths in custody.

"The laws are already there. The EAIC (Enforcement Agency Integrity Commission) is already there.
"There is no point in discussing the IPCMC," he was reported as saying by The Star Online today.

Mohd Bakri (left) was quoted as saying that the existing laws were already stronger than the IPCMC, and should be enforced .

However, he acknowledged weaknesses in the Standard Operating Procedures (SOP) in lock-ups and promised that the force will improve on it.
‘Suicides cannot be ruled out’

Meanwhile according to Bernama, Mohd Bakri said the possibility that deaths in custody were self inflicted could not be ruled out.

"Often those detained are emotional and suicide attempts by hitting their heads against the wall cannot be ruled out.

“We cannot prevent such things but we will endeavour lockups are safe to use," he said.     

He said the deaths should therefore not be attributed to the mistakes and carelessness of the police and be claimed to involve certain communities only.   

Mohd Bakri said the police was formulating a strategy to enforce the existing regulations and standard operating procedure (SOP) and overcoming weaknesses to ensure such incidents could be reduced. 
He said, police would also look at the need to cooperate in certain matters with the related agencies such as the Health Ministry and non-government organisations so that police could carry out their duties properly and in an orderly manner.

The EAIC which lacks prosecution powers is a watered down version of the IPCMC recommended in 2005 by a royal commission of inquiry on improving the police force.

In first of half of this year alone there have been nine custodial deaths year alone, with the most serious being that of N Dhamendran who was believed to have been tortured as 52 injuries were found on his body.

His case has been classified the case as murder and on June 5 three police officers were charged with the offence for, a fourth police officer involved in is on the run.

PSM erred, M'sians voted party and not candidates

INTERVIEW Parti Sosialis Malaysia (PSM) performed badly in the May 5 general election, winning just one of the four seats it contested, because it was banking on Malaysians voting for individual candidates, instead of along party lines.

"We were expecting the people to vote according to the individual. But when it came to a three-cornered fight, the voters tended to pick the bigger party in the battle," said PSM secretary-general S Arutchelvan.

In this case, such as in the state seats of Semenyih and Kota Damansara in Selangor and Jelapang in Perak, they picked Pakatan Rakyat-member candidates, knowing that the opposition coalition had a much better chance of forming the next federal government if it did well.
Umno won Semenyih and Kota Damansara - where PSM chairperson Nasir Hashim failed to retain his seat - due to the split opposition votes between Pakatan and PSM, while DAP was triumphant in Jelapang.
PSM contested one parliamentary seat and one state seat under the PKR logo and two other state seats using its controversial clenched-fist logo.
It lost all the seats contested, except for the Sungai Siput parliamentary seat in Perak, which Dr Michael Jeyakumar retained on a PKR ticket.

"There were many people who supported us and came forward after the elections to wish us well, but admitted that when it came to voting, they had on choice but to vote Pakatan as their desire for a change in government was strong," Arutchelvan said.

The PSM secretary-general was locked in a three-cornered battle for the Semenyih seat because of PKR's refusal to make way for him to contest one-on-one against BN.
However, Arutchelvan said, the number of votes he garnered was proof that PSM's relevance among grassroots was increasing.

"For a third party to pull in more than 5,000 votes in its direction is quite an achievement. Normally, the third party pulls only a few hundred votes," he said.
'We put socialism back on the map'

After the election, PSM's membership base increased by at least 200 members, which he described as a high number, considering that party's small base of 14,000 members was proof that many more were joining the party because of its ideology.

"People say we are a great party, but we lack in branding and presentation. We need help in improving that," he said.

PSM was also beginning to raise various issues of national concern so that it would no longer be perceived as a party that fights for welfare of estate workers, which was something PSM had widely championed since its early years.

"We have put socialism back on the map in Malaysia," he added.

According to Arutchelvan, Pakatan's inability to pull in rural votes was the reason for its failure to capture Putrajaya, while pointing out that the opposition pact also did lose some Malay votes, compared with the 2008 general election.

"Even in Sungai Siput, there were some Malay votes lost," he said.

In order to address the issue, Pakatan should start working in the rural constituencies far earlier than campaign day.

"They must work harder at the grassroots level," Arutchelvan said, while quipping that massive rallies that have of late been organised by the opposition were only attracting urban voters.

49 injuries found on custodial death victim Karuna

Contrary to police claims of no foul play and no injuries on custodial death victim P Karuna Nithi's body, the victim's autopsy report shows he had sustained 49 injuries.

These are predominately bruises caused by a blunt object on the chest and limbs, according to the report prepared by Tuanku Jaafar hospital forensic consultant Dr Sharifah Safoorah Syed Alwee Al'Aidrus.

PKR public complaints bureau chief S Manikavasagam said the report contradicts what the police have initially claimed.

"The CPO of Negri Sembilan (Osman Salleh) had come up and said there is ‘no injury, no foul play, nothing. (They said) we have never beaten him up.'

"Before the post-mortem had been completed, he came up with a press statement saying that these are all rumours and told the public not to believe them.

"So today, it is very clear: 49 injuries. These are new injuries," said Manikavasagam when contacted today.

He said he accompanied Karuna's family to see Sharifah yesterday to receive a one-hour briefing regarding her findings and the report, a copy of which has been sent to Malaysiakini.

Karuna, an engineer, died on June 1 at the Tampin police district headquarters, a day before the family could raise money to post bail for him after he was charged on May 31 for "causing hurt".

‘Injuries did not cause death'

Despite the report of the injuries however, the autopsy report concluded the cause of death to be "fatty change of the liver", a condition commonly associated with alcoholism or obesity.

She added that the injuries did not involve the muscles or the skeleton, and on its own, could not have been a direct cause of death.

"Fatty change of the liver causes death through hypoglycaemia (abnormally low blood sugar content) and/or electrolyte imbalance, both of which cannot be proven in a post-mortem.

"This condition is possibly compounded by absence of partially digested food material in the gastric cavity," she wrote.

When asked to explain the findings, Manikavasagam (above) said the pathologist had speculated during the briefing that Karuna had not been eating while in detention and was too frail to survive any beating as a result.

Manikavasagam, who is also the former Kapar MP, said Karuna's family has lodged a police report at the Seremban police district headquarters today against CPO Osman over the latter's claims that there was no foul play in Karuna's death.

They will also raise the issue in a memorandum to the Bukit Aman police headquarters on Tuesday, and another to the Human Rights Commission (Suhakam) later next week.

Sugumar's family mulls suit

Meanwhile, in the case of another death in custody victim C Sugumar, lawyer Latheefa Koya said the family is mulling to sue the government and the police for causing suffering to them and Sugumar.

Sugumar was found dead on Jan 23, allegedly after being chased by the police, handcuffed, and beaten by them and a crowd who had joined in the chase.

However, Latheefa said they will wait for Serdang Hospital's autopsy report first before deciding on their next move.

They were previously told by Sugumar's pathologist that he had died of a heart attack, and requests for a second autopsy were unsuccessful.

Sugumar to be laid to rest tomorrow

Sugumar's body will be laid to rest tomorrow evening after almost four months in the morgue awaiting a second autopsy.

PETALING JAYA: PKR vice president N Surendran said today that the family of C Sugumar has given up on the crusade for a second autopsy but will continue to fight for justice.

“The family along with us lawyers had given the government a 48 hour ultimatum to allow a second autopsy. They have kept mum and refused it.

“The prime minister Najib Tun Razak and the health minister S Subramaniam have completely ignored the cries of a grieving family,” said the Padang Serai MP.

“The family has vowed not to give up in fighting for justice though. They want those responsible to be charged no matter who they are,” he added.

Sugumar, a 40 year old security guard was allegedly chased, handcuffed and beaten to death by police and members of the public.

Surendran said that although the second autopsy would have been useful, they are going to bank on the eyewitness’ statement and pressure those relevant to investigate.

“We will continue to pressure the government and the police to take action. They have still not investigated the case based on the eyewitness statements,” he said.

“We have three eyewitnesses altogether, all of which explained the whole scenario of the incident that took place. Yet, there has been no investigations,” he added.

According to Surendran, the family intends to perform prayers in front of the Kajang district police headquarters before the body is sent to the crematorium.

“The family is not satisfied, justice was never served till the very end. They want to show the authorities and the general public the amount of sufferings they had endured,” he said.

“The family will also make a final stand on their next cause of action after further discussion with the lawyers,”he added.

The funeral is to be held at the residence of Sugumar’s family in Taman Sri Nanding, Hulu Langat at 1pm tomorrow.

Malay NGOs slam Najib’s brother for backing AirAsia X CEO

KUALA LUMPUR, June 11 – Malay-Muslim groups attacked CIMB Group chief executive Datuk

Seri Nazir Razak today for defending AirAsia X leader Azran Osman Rani, labelling him a Malay who has forgotten his roots.

Nazir (picture) praised the captain of the long-haul budget airline yesterday for making a stand against Umno-owned Malay newspaper Utusan Malaysia’s purported racial instigation after the May 5 general polls, with the younger brother of Prime Minister Datuk Seri Najib Razak saying it showed the “mark of a leader”.

“Nazir and Azran are the two best examples of Malays who fit the proverb, ‘Seperti kacang lupakan kulit’,” said the Malay-Muslim NGO Coalition in a statement today.

“Hello Nazir and Azran, remember your roots and don’t ever be proud or arrogant because of your money, status and wealth. What you two possess are the fruit of the hard labour of your Malay ancestors, who sacrificed their life, soul and spirit to defend this blessed land,” it added.

Utusan Malaysia attacked Azran for most of last month after the airline executive criticised the right-wing broadsheet on his Twitter account, @azranosmanrani, for what he reportedly saw as racial instigation in the aftermath of the divisive 13th general election.

He was also reported to have criticised Malay group Perkasa for its hardline stance as an irrelevant organisation that had caused Malays to be myopic.

In response, the paper published daily views from Perkasa leaders, the Muslim Consumers Society of Malaysia and pro-Umno activists who censured Azran, branding him “arrogant” and a Malay who had forgotten his roots.

AirAsia X chairman Tan Sri Rafizah Aziz and director Datuk Seri Kalimullah Hassan had also come under attack from various groups after the duo had defended Azran’s comments.

Malay rights group Perkasa, the Ex-Servicemen Association of Malaysia, Malaysian Reformists Movement and the Malaysian Malay Network were among the groups that lashed out at both Rafidah and Kalimullah and demanded the duo apologise for their remarks against Utusan, which they say is the voice of the Malays.

The Malay-Muslim NGO coalition also said today that not many Malays were as fortunate as Nazir, who was born in an upper middle-class family with his older brother Najib and late father, Tun Abdul Razak Hussein, as prime ministers, besides having a cousin, Datuk Seri Hishammuddin Hussein, as Defence Minister.

“Nazir, in his ivory tower, of course would never have experienced the bitterness and difficulties that impoverished Malays face,” it said.

“Azran, on the other hand, is a nephew to an... opposition leader who is known for splitting the country, destroying political stability and threatening national security by organising a series of illegal rallies across the country, just because he is disappointed for failing to achieve his ambitions of reaching Putrajaya,” added the coalition, referring to Datuk Seri Anwar Ibrahim.

Are BN-aligned murderers being protected by police?

COMMENT The culture of the Malaysian police has caused too many innocent people grievous hurt.

This hurt ranges from failing to protect us from petty crimes and failing to deliver justice for crimes committed against us, all the way to illegal assaults and deaths in custody.

Many of us have been direct victims, but almost all of us are at most one degree of separation from someone who has suffered because the police are not doing their job right.

This certainly does not apply to all Malaysian police, but it applies to enough to raise serious questions as to what the heck is going on with our police leadership.

On Sunday night, a small candlelight vigil was held at Bukit Aman to focus on the death of K Murugan. Only 20 or so came, but whether this number grows this week, will be up to you.

Murugan had been an aide to K Vasantha Kumar, who contested the parliamentary seat of Tapah representing PKR against MIC’s M Saravanan. Saravanan won, and is now deputy minister in Khairy Jamaluddin’s Youth and Sports Ministry.

The information below was gathered from news sources and conversations I had with the family of the deceased, the lawyer representing them, M Visvanathan (left), and Vasantha Kumar during the candlelight vigil.

On the night of May 1, Murugan organised a ceramah at Taman Sri Bidor, which was located within a MIC stronghold but nonetheless attracted more than 500 people.

Murugan did this despite having received death threats and demands that he withdraws his support for Vasantha Kumar. It does not take an expert criminologist to determine whose supporters had the most motive to make those threats.

Demonstrating great courage in the face of vicious gangsters, Murugan did not back down, but continued to bravely live out his convictions.

On the very night of that ceramah, Murugan got a call, rode off on his motorcycle and was not seen again.
His body was found days later. His face had been smashed, while his body was slashed and tied with barbed wire and 52kg of scrap metal before being dumped into a pond near Batu Gajah.

Blatantly one-sided investigations

It seems that such horrifying violence could have only been inflicted by men who did not believe they would suffer any consequences for the murder. It is almost equally horrifying to see that they may have been right.

As if the tragedy of such a violent death was not enough, Murugan’s family and associates have since been subject to more suffering at the hands of the police.

Some 18 people were identified to “assist with investigations”. Not a single one of these were BN supporters or people aligned to Saravanan.

This is an outrageous injustice in itself. After all, who was it that made the threats against Murugan’s life? Who had the most to gain by ‘removing’ people like Murugan (right)?
How is it that not a single person from the group of people who would make the most obvious suspects is even investigated or questioned?

Instead, the 18 people identified were all friends and associates of Murugan, or members of the public. The manner in which ordinary people have been investigated in this case is shocking.

A relative of Murugan recounted how people who had come to Murugan’s mother’s house to pay their respects and offer condolences were spied upon and then accosted by police.
These people were sharply questioned about the case, and some reported having been slapped by the police. Soon, no one dared to come to see Murugan’s mother, isolating her in the midst of her heartbreaking trauma.

It would be stupid enough for a criminal to visit his victim’s mother; the only thing more stupid than that is for a police personnel to assume that a criminal would do such a thing.

Of the 18 identified, 12 have been arrested. Reports have emerged of their abuse while in custody, with two allegedly being subject to both beatings and electrical shocks. Apparently, in the Royal Malaysian Police Force, (PDRM), this is called “investigation”.

The Perak deputy police chief, A Paramasivam, openly identified one S Marimuthu in the media as a suspect in the case, due to the latter having a “criminal record”.

Marimuthu was a fellow supporter of Vasantha Kumar (left). Not only is it extremely unlikely that a colleague of Murugan had any reason to murder him, it turns out that Marimuthu has absolutely no criminal record whatsoever.
It appears that the police have begun creating false information out of thin air and expect to successfully force it down our throats.

Furthermore, why did Paramasivam have to defame Marimuthu in the media? A simple phone call or polite interview would have cleared up the matter of the criminal record.

When Marimuthu decided to come forward and make a police report regarding the defamation proffered by the police, he was unceremoniously arrested. Thus is the fate of honest citizens, while the police inspector involved in the murder of N Dhamendran is supposedly “still at large”.

Many questions, few answers

There are a great number of accusations flying around regarding Saravanan's involvement in this entire affair. Perhaps it is time this deputy minister stood up and provided his version of the events, especially if he is in fact innocent.

The relative I spoke to kept using the word “unfair”. How can the police only investigate one side? Do they have any real evidence at all, or any cause to detain the people the way they did? In the unlikely event that they did, was there any call for physical abuse and electrical shock torture?

Are the police aware of how blatantly they appear to be working hand in glove with violent gangsters? Are these gangsters in league with BN politicians? Is it getting harder to tell the difference between the three?

The various implications made in this article are serious, but can we be blamed, given the shocking way this “investigation” seems utterly devoid of an objective pursuit of justice?

Multiple layers of harm ripple out like waves from this case. The police have failed to clamp down on brutal gangsterism; they have failed to investigate the people most likely connected to the case; they have arrested, intimidated and tortured innocents.

With every wave, the victims and their families suffer more and more.

Those arrested were remanded for two weeks, and some lost their jobs, forever suffering an undeserved tarnished reputation. We can only imagine the trauma and fear Marimuthu’s (left) wife and two children are now undergoing while he faces uncertainty in the hands of a violent police force.

Yet, maybe they are better off than Murugan’s mother, wife and child, who cannot even hope for his safe return now. Their only hope is justice, and it seems at times a very thin hope at that.

The three of them had lived together in Bidor, so who will take care of them now? Murugan’s mother has been down with a fever since his death, but she still made the two-hour trip down to join the candlelight vigil because the family felt an obligation to do so. Afterwards, her other son drove her to Bidor and came back the same night to go to work the next morning.

Will we let these families feel as if they stand alone?

If your answer is no, and if you want to show and provide support, join us at the next vigil at Bukit Aman, 8.30pm this Wednesday night.

---

NATHANIEL TAN hopes to always follow the example of K Selvach Santhiran, one of the only witnesses to ever dare testify in a death in custody case. He tweets @NatAsasi

Best for PSM to go it alone

COMMENT Rather than apply to join Pakatan Rakyat with whom it has deep ideological differences, Parti Sosialis Malaysia (PSM) ought to first build up its support base and show that it is a political group that can garner votes at the polls.

Right now only Dr Jeyakumar Devaraj (left), their only MP (Sungai Siput), is a viable electoral proposition; PSM chairperson Dr Mohd Nasir Hashim (formerly Selangor state representative for Kota Damansara), secretary-general M Arutchelvan (contested in Semenyih in vain twice) and deputy chairperson M Saraswathy (contested Jelapang twice, also in vain) are far from being electable on their own right.

Therefore, PSM wanting to join Pakatan is akin to putting the cart before the horse: it is incumbent upon them to demonstrate that their ideology of socialism commands enough support among voters such that the opposition coalition would want to include them in their fold.

But if you ask the PSM top brass about their application to join Pakatan, reputedly tendered in June last year, it is Pakatan that had wanted them to join rather than the other way round.

Whenever, in the long run-up to GE13, PSM brought up with Pakatan the question of more seats for the party to contest at the general election, they would be told to join first and negotiate later.

While the PSM story that it is Pakatan that had wanted them to ‘join first and discuss later’ is plausible, it must be remembered the more seats - actually, it was really only one seat (Jelapang) - that PSM had wanted was problematic.

So long as Pakatan component, DAP, was unyielding on the Jelapang state seat in Perak that PSM wanted for its deputy president Jayanthi to contest, there was no way that Pakatan could broker a settlement between DAP and PSM, particularly if the latter were adamant that they were only interested in contesting in seats where their proposed candidates had done constituency work.

In other words, Pakatan’s stance vis-à-vis PSM that they ‘join first and discuss later’ was an obvious negotiating tactic to get all opposition parties under one umbrella to project a united front to unseat the ruling BN, which PSM were not averse to admitting was a priority objective.

Really, Pakatan cannot be accused of showing bad faith towards PSM; that after having wanted them to join the coalition, the coalition has decided to give short shrift to the PSM application to join.

To be sure, if PSM were to stick to their position of no-change to their clenched-fist logo and are insistent that socialist nostrums to the problems of the production and distribution of goods in a political economy are superior to social democratic ones, then it is only realistic for PSM to accept that they ought to go it alone, and not want to join Pakatan.  

Out of the loop

DAP chairperson Karpal Singh’s urging for Pakatan to allow PSM to join the opposition coalition, coming as it does after PKR secretary-general Saifuddin Nasution had disclosed that PSM’s application to join had been deliberated and rejected by the Pakatan central leadership council only underscores the point that the DAP veteran is out of the loop where such deliberations are concerned.

Karpal (right) rarely attends Pakatan meetings and so, it is assumed, is dependent on unfailing attendee, party adviser Lim Kit Siang’s, briefings, as to what was decided at central leadership council meetings.

In the instance of PSM’s application to join to Pakatan, it must be assumed that Lim did not bring Karpal up to speed. Hence, Karpal’s groping in the dark about the whole issue of PSM’s application to join Pakatan.

Karpal is as blasé about the finer points of ideological differences between PSM and Pakatan as he is about the differences between the PAS position on syariah and hudud, that it is obligatory of Muslims to support it, and the Pakatan stance on the same issue, that it is mandatory to obtain the support of the people before it can be implemented.

But his compatriots in the Pakatan top brass can no longer be bothered about Karpal’s lack of finesse: what cannot be changed must be endured.

Suffice, it’s best for PSM to mind its own store and demonstrate to the public at large that the socialist way is the way to go.

Some time ago, the indefatigable Arutchelvam (left) spent a month in Hugo Chavez’s socialist haven of Venezuela. He gave what he saw the thumbs-up, never mind the perception of others who the Latin American caudillo was a clown.

In a democracy, people are entitled to gather their rosebuds where they may.

---

TERENCE NETTO has been a journalist for four decades. He likes the occupation because it puts him in contact with the eminent without being under the necessity to admire them.

Street protest in support of IPCMC?

Stop State Violence (SSV), a coalition of 30 civil society groups, opined that IPCMC is the only remedy for custodial deaths.

PETALING JAYA: A coalition of NGOs – Stop State Violence (SSV) – has not ruled out taking to the streets in its fight for the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC).

“If taking to the streets is the way for the voices to be heard, so be it,” said coalition member, Tenaganita’s executive director Irene Fernandez.

SSV, a coalition of 30 civil society groups, said the IPCMC is the only way forward to halt custodial deaths as the Enforcement Agency Integrity Commission (EAIC) is nothing but a “toothless tiger without any power of enforcement”.

The coalition also pointed out that it was “ridiculous” for former Transparency International-Malaysia (TI-M) president Paul Low to continue pushing for the EAIC to be revamped instead of establishing the IPCMC.

Said Fernandez: “I cannot understand what Paul Low is trying to say. By him saying that it needs a lot of time, effort and money to establish the IPCMC, doesn’t he realise that a life is precious and cannot be compromised?

“As former TI-M president, he should know about good governance and thus he should be pushing for the establishment of the IPCMC.”

Suaram coordinator R Thevarajan meanwhile said EAIC chief Nor Afizah Hanum Mokhtar’s suggestion that they needed a bigger budget – from the current RM7 mil to RM25 mil annually – was not the issue.

“It is not a question of more money. The root issue is on the prosecution power. After doing investigation, the (EAIC) finding will be referred back to the police force.

“Thus, where is the transparency as in the end, it goes back to the same mechanism, of the police investigating a fellow policeman?” he asked.

Pusat Komas’ Lena Hendry further explained that the IPCMC, as opposed to the EAIC, has the power to initiate its own investigation into any police power abuse cases without the need for a complaint to be made.

“If the EAIC was indeed an oversight mechanism, it would have immediately launched an independent inquiry to get to the truth of the complaints of police power abuses that occurred,” said Hendry.

Intensive campaign

Besides demanding for the immediate establishment of the IPCMC, the coalition also asked for the setting up of an independent Coroner’s Court system to replace the current Magistrate’s Inquest and the ratifying of the “Convention against Torture and the Optional protocol”, followed by necessary laws to eliminate torture.

Hendry added that SSV will begin an intensive campaign to end state violence with a public forum organised at the Bar Council auditorium on June 13.

“We will also come up with a pledge for a commitment from MPs to support the implementation of IPCMC,” said Hendry, adding that an online petition is available at https://www.change.org/en-GB/petitions/minister-of-home-affairs-igp-and-chief-commissioner-stop-state-violence.

“We reiterate, that the need for the IPCMC is very high,” said Thevarajan.

Indonesia presents Saraswati to the US

The largest Muslim country presents a statute of Hindu goddess Saraswati to the US.

WASHINGTON: Indonesia has presented a 16-feet statue of Saraswati, a Hindu goddess of education and wisdom to US capital Washington DC as a gift.

The statue stands on a lotus flower and is a block away from the Indian Embassy in front of a statue of Mahatma Gandhi erected in the capital city several years ago, Press Trust of India (PTI) reported.

Located a little over a mile from the White House, the statue is yet to be formally inaugurated but has already become an attraction for city residents and tourists who visit the city every day.

“Dewi Saraswati is one of the Goddesses in Hinduism, the primary religion practised among the Balinese people in Indonesia, which itself is the world’s largest Muslim-majority country,” a spokesperson from the Indonesian Embassy said.

The statue was first erected in Bali before being flown to the US capital in early April 2013.

It was constructed in mid-April this year by five native Balinese sculptors and was completed in five weeks time.

Instead of using bronze or stone, the sculptors opted for a mixture of cement to model the body of the statue.

“At its conclusion, this statue evidently presents a strong flair of Balinese art as the sculptors put particular touches of gold on the predominantly radiant white figure, especially on the dress and head accessory worn by the Goddess,” the official said.

“It is hoped that the statue could promote the importance of mutual understanding within a diverse society we are increasingly seeing today,” the spokesperson said.

The installment of the statue was initiated by Indonesian Ambassador to the US, Dr. Dino Patti Djalal.
- Bernama

‘We were unaware of Pakatan’s rejection’

PSM secretary-general Arutchelvan says his party was not informed that an application to join Pakatan was rejected.

PETALING JAYA: Parti Sosialis Malaysia’s (PSM) S Arutchelvan revealed today his party was not aware that their application to join Pakatan Rakyat was rejected until it was reported by The Star Online.

The PSM secretary-general said it was “puzzling” as to why his party was not informed of the rejection before the report, which was published last Friday.

It quoted PKR secretary-general Saifuddin Nasution as saying the decision to allow PSM to be a part of Pakatan was negative.
He added that “he supposed” the small party had been informed of the decision by someone from the Pakatan secretariat.

“No members of Pakatan had communicated with us by phone or any other medium. It was puzzling as it was decided before the election, but we were not informed,” said Arutchelvan today.

“If it was decided in their meeting, then they should have informed us, and not let us find out from the Star report,” he added.

In a Facebook status update on Friday, Arutchelvan describe Pakatan as “very funny people”.

“First they question PSM’s loyalty for not joining PR & urged us to join them. Then when we agree to join, they drag their feet,” it read.

“Now after GE, they claim our request was rejected B4 GE…. Still nothing official. Lesson in good governance is to be transparent and why not just put it in a letter.”

Arutchelvan reiterated his call for Pakatan to convey the rejection in a “formal letter”.

“I think they should put everything down officially. We want everything in black and white,” he said.

Asked if PSM had been in contact with the Pakatan leadership since, Arutchelvan said: “We are not interested to communicate with them.”

“Right now, it is up to them. We are not going to call them and ask,” he said.

Asked if PSM would continue their friendship with Pakatan, Arutchelvan said it was not up to him to decide.

“The future and our relationship with Pakatan will be decided by the party at our Congress in two weeks,” he said.

29 NGOs slam Dang Wangi, Subang Jaya 'killing fields'

A coalition of 29 NGOs has questioned the alarming number of deaths in custody in two particular police districts, Dang Wangi, Kuala Lumpur and Subang Jaya, Selangor.

“The Subang Jaya police stations seem to be killing grounds for suspects. The USJ 8 lockup cells have seen two deaths in 2013.

“Chan Chin Te died this year on 14 January; adding to the list will be (Japanese national) Nobuhiro Matshushita.

“While on 20 January 2009, Kugan Ananthan died in Taipan Police Station, Subang Jaya,” said the Stop State Violence Movement in a statement today.

“Similar to those police stations, the Dang Wangi police station has also seen more blood on its hands last year within a duration of four months,” it added.

The group cited the 2012 deaths of Chandran Perumalu (September 10), Wong Tip Ping (November 29) and Nagarajan (December 24).

Human rights NGOs have previously noted that in the first half of this year alone eight deaths in custody have taken place.
The latest three occurred within under two weeks: N Dhamendran (May 21), R Jamesh Ramesh (May 26) and P Karuna Nithi (June 1).

Matshushita’s death on Saturday brings this year's tally to nine.

“Before even the waters calms down on the three deaths in police lockup within 11 days, we were shocked to hear of another death in police lockup,” said the Stop State Violence Movement
Not first foreign death

The group noted that Matshushita was not the first foreigner to die in Malaysian custody, citing a case last year that it said had gone under the radar.

“To be factually right, according to Suaram's monitoring, Malaysia has gone international last year itself in custodial death.

“Miss Tienthong Chaipaniya from Thailand died in Taman Johor Jaya police station on Sept 7, 2012. The case goes unseen by the public,” said the coalition comprising NGOs such as Tenaganita, Lawyers For Liberty and Suaram.

In Matshushita’s case, the movement warned the police not to be quick in declaring the cause of death.

“The Stop State Violence Movement would like to remind the police force not to (issue any speculative) information to the public, as this could be misleading,” it said.

It reminded that in Dhamendran’s case the police were quick to tell the public that the cause of death was “breathing difficulties” only to be contradicted later by the pathologist, who found that the victim had been beaten to death.

“In accordance to the Criminal Procedure Code (CPC), Section 334 clearly states that a magistrate shall in the case of a death in the custody of the police; hold an inquiry into the cause of death.

“Please stop speculating and assist for the rule of law to take place.”

Stop State Violence Movement also repeated the demand for the Independent Police Complaints and Misconduct Commission (IPCMC) to “end these serious human rights violations”.

“The failure to ensure effective mechanisms to hold the Malaysian police accountable highlights a serious lack of political will by the government to take genuine steps to reform the police force in this country,” it said.

Palanivel gives in to Paari’s threat

Barely two hours after being issued an ultimatum, the MIC president has called for an emergency CWC meeting on Tuesday

PETALING JAYA: Barely two hours after being issued an ultimatum either to hold an emergeny central working committee meeting or face the consequences, MIC president G Palanivel announced that a meeting would be held at the party headquarters on Tuesday.

However, Palanivel said the main agenda of the meeting would be to discuss the party’s speaker’s post at the Perak state legislative assembly.

“MIC will not take up any positions, including posts of special officer and adviser to the Menteri Besar, if the Perak government deprives MIC a speaker’s post.

“MIC will convene a quick CWC meeting on Tuesday. We will also discuss issues related to branch elections, presidential elections , divisions elections and party elections for office bearers,” he said in a statement today.

Earlier this morning, MIC strategy bureau chief, S Vell Paari, issued an ultimatum to Palanivel to call for an urgent CWC meeting to discuss problems affecting the party.

“Do not take my politeness as a sign of weakness. I will not keep quiet and watch any harm come to MIC. I will not forgive those who for position turn a blind eye and allow harm to come to MIC.

“If I do not get a reply by Monday (June 10) 5pm from Mr Sakthivel (MIC secretary general) I give notice that I already have the one-third support of the CWC members as per the MIC constitution to call for a CWC emergency meeting.

“Don’t force me to use it,” Vell Paari said in a sms text message to Palanivel and Sakthivel. “Being an appointed CWC member, the leadership might even think of removing me to avoid calling this meeting. But be advised there are other elected CWC members ready to take over this cause.

“I am giving notice that this sms is being sent to all media so that the message will reach all MIC members that an action is being taken to address the constitutional issues and to avoid others from making anymore reports to ROS,” he added.

Serious consequences

The son of former party president, S Samy Vellu, also said the internet was abuzz with questions about the MIC with some eve alleging that the party is on the road to deregistration.

“There is an article on an online media that S Padnmanagan of MIC’s SS2 Tengah branch has filed a complaint on May 20 over MIC’s failure to conduct internal polls within the period stipulated in its constitution.

“He claims to have sent the ROS a legal notice on why the ROS is dilly dallying in investigating his complaint against MIC but is quick to act against DAP,” said Vell Paari.

He said the current constitutional issues should not be brushed aside as “my lawyer friends tell me that these are issues that may have serious consequences on the party.”

“I had earlier asked for a meeting on custodial deaths and there was no proper forthcoming reply. In the best interest of the MIC and its members, I am now seeking to set a date for an emergency CWC meeting to discuss the current constitutional issues.

“So please don’t take the same attitude as how my earlier request for an emergency CWC meeting to discuss custodial deaths was dealt with,” Paari ended the sms.

The MIC constitution allows for an emergency CWC meeting provided it is supported by one-third of its members. Party sources reveal Vell Paari has support from about 25 CWC members, much higher than the one-third required, which is support from 13 central working committee members.

Keep pledge on child conversion laws, gov't told

The government has been urged to uphold its promise to amend laws to stop parents from converting their children to another religion merely for the sake of winning custody after their separation.

The promise was made by the cabinet in April 2009 but no action has been taken until now to amend the relevant laws, DAP national vice-chairperson and Ipoh Barat MP M Kula Segaran said today.

"In April 2009, the cabinet decided that children (are to) remain in the religion of the parents at the time of their marriage, should one of them later decide to convert to Islam.

"It also decided that outstanding issues in a marriage must be settled before conversion, to prevent the children from becoming victims.

"But until today, the government has failed to table amendments to the three laws - the Islamic Family (Federal Territories) Law 1984, Administration of Islamic (Federal Territories) Law 1993 and Law Reform (Marriage and Divorce) Act 1976," Kula said in a statement.

As a lawyer who has appeared in cases involving inter-religious custody disputes, Kula said the government has also not given any indication as to when these laws would be amended.

He was commenting on the case of a woman in Negri Sembilan who has discovered that her two children, of minor age, have been converted to Islam by her estranged husband, without her consent.

This was done after her husband had converted to Islam. The couple, according to a report in The Star, are separated but still married under the civil law.

The Star also reported the Negri Sembilan Islamic Affairs Department as saying that the law allows minors to be converted to Islam with the consent of only one parent.

'We must learn from Indonesia'

Kula, who has also acted on behalf of Indira Ghandi, whose children were converted to Islam without her consent, said he has raised this matter in Parliament before, but to no avail.

Despite winning custody of her three children through the civil court, he said, Indira has not seen or been given access to her youngest child for four years now.

This was because Indira's estranged husband was insisting that the syariah court has jurisdiction over conversions and has therefore refused to abide by the civil court order.

"There must be no further delay on this. I call on the prime minister to address the issue of inter-religious custody problems resulting from conversion to Islam...

"It has to be noted that Indonesia, which has the largest Muslim population in the world, has no problem relating to conversion cases. We have much to learn from the Indonesian authorities!" Kula added.

Woman decries children’s conversion to Islam

SEREMBAN: A mother of two has alleged that her children have been converted into Islam without her knowledge by her husband on April 2013.

S Deepa, 29, from Jelebu, Negeri Sembilan said her lorry-driver husband N Viran, 30, left her and her children 16 months ago and never supported her or their children financially.

“On April 4, this year, around 10am I went to the kindergarten to pick up my son, Mithran, 5. He was not there and I was told that my husband had taken him away.

“Coincidently I went to Pusat Dakwah Islamiah Negeri Sembilan in Paroi to collect the confirmation letter of Viran’s conversion into Islam to submit to the court for a divorce.

“I was shocked to see Mithran and my eight year old daughter, Sharmila, with my husband at Pusat Dakwah Islamiah Negeri Sembilan.

“An argument broke out between my husband and I when I found out that he had converted Sharmila and Mithran without my knowledge and permission.

“I then demanded an explanation from the officer in charge whose name was Ustaz Zul and he told me that he converted my children as my husband told him that I was having an affair with another man and that I sold my body and I was unable to take care of my children.

“This is absurd as he (Viran) is the one who neglected me and our children for the past 16 months. I asked Ustaz Zul to settle this matter and he asked me to come the next day to reverse the conversion of my children.

“When I returned the next day, Ustaz Zul told me the matter was out of his hands and that I have to go to Syariah Court to seek redress.

I then lodged a police report as the conversion of my children was done without my knowledge and permission. I’m also very worried that my children would be snatched from me while at school,” Deepa told a press conference.

Hindraf lawyer, S Karthigesan who is representing Deepa said he had no objections to the conversion but must be done according to the constitution.

“Converting kids without the consent and knowledge of the mother is a direct confrontation with the constitution and freedom of religion.

“They should not use any opportunity they get to convert minors. I will file an application in the civil court to reverse the decision,” said Karthigesan.

He said the names of the children too ,have been changed since they had converted. Sharmila’s Muslim name is Nurul Nabila while Mithran is now Nabil.

Negeri Sembilan Hindraf chief, S Sivakumar, urged the government to put a stop on these kinds of cases.

'They converted my underage kids forcefully'

Conversion of kids requires only one parent in NS

In Negeri Sembilan, the consent of only one parent who embraced Islam is needed to have their children converted to the faith, said the state's Islamic Affairs Department.

The department's director Johani Hassan said that this was clearly spelt out under laws of the state and other states.

“The law does not say that we need the consent of both parents before we can convert their children.

“When one parent embraces Islam, the children can be automatically converted,” he said, according to The Star.

This however contradicts a cabinet decision in April 2009 that child will maintain his or her original faith of the parents during the time of their marriage under civil law.
Approach Syariah Court

The policy was made following claims that some individuals had used the Syariah Courts in order to gain custodial rights.

Johani was comment on a claim by a mother, 29, from Jelebu that her estranged husband had secretly converted their two children, aged five and eight, in April.

The couple were married in 2004 but the husband, 30, embraced Islam after allegedly abandoning the family last year. Legally, the couple are still married under civil law.

She lodged a police report after the Islamic Affairs Department refused to entertain her appeal for a reversal of the decision to convert their children.

Johani said the women's only remedy now was to appeal to the Syariah Court, which may pose a problem for her since she is not a Muslim and is not subject to Syariah jurisdiction.

Uthaya jailed 2 years 6 months for sedition

Hindu Rights Action Force (Hindraf) de facto leader P Uthayakumar was jailed for two-and a-half years today after he was found guilty of making seditious statements in 2007.

Uthayakumar is accused of publishing seditious material in a letter written between Nov 15 and Dec 8, 2007, to then British prime minister Gordon Brown, in which he alleged state-sponsored social ‘ethnic cleansing’ of the Indian poor in Malaysia.

The letter had also been posted on the now-defunct Police Watch website.

Uthayakumar had refused to continue with his defence on Monday, on grounds that the circumstances of the case did not allow him to proceed. He also refused to make submissions this morning.

The case was presided by KL Sessions Court judge Ahmad Zamzani Mohd Zain, who ruled that Uthayakumar had failed to raise reasonable doubt in the prosecution’s case.

Uthayakumar was very composed when the verdict and sentence were delivered and even smiled to supporters after the court adjourned.

Also today, Uthayakumar's younger brother, P Waythamoorthy (left), who heads Persatuan Hindraf Malaysia, was sworn in as a senator.

Waythamoothy was last month appointed a deputy minister in the Prime Minister's Department by Prime Minister Najib Abdul Razak.

No plans for appeal

Asked to state his plea in mitigation, he merely repeated what he had already said, at least twice this morning, before and after DPP Noorin Badaruddin made her final submissions.

Each time he was asked to address the court, Uthayakumar replied: “Because of the circumstances of this case and in protest against institutionalised racist government policies in Malaysia, victimising in particular the Indian poor, I am unable to proceed further with my defence, re-examination, calling further witnesses, submitting a close of case and mitigation.”

After the court adjourned, he repeatedly asked to be handcuffed. Following this, he posed for a photograph for supporters despite warnings from the court police that photography is prohibited in the courtroom. However, no action was taken against them.

The supporters shouted “Umno (is) racist!” as they left the public gallery while Uthayakumar was taken outside through another exit.

His lawyer M Manogaran told reporters later that he has not received any instructions to appeal the decision.

The sentence begins today. Uthayakumar was sent to the Kajang jail.

MIC’s muted response to deaths irks members

MIC members want the party president to be more vocal is addressing the recent spate of deaths in police custody

PETALING JAYA: MIC president G Palanivel’s muted response to custodial deaths is riling-up party leaders and members alike. They want him to be more action oriented rather than issuing watered down press statements.

“Grassroot leaders are members are thoroughly disappointed with him. They want the president to be more vocal,” a party central working committee (CWC) member who did not want to be named told FMT.

He said although there were three reported custodial death cases in the past two weeks, Palanivel could only issue a press statement wanting the government to investigate the deaths.

To make matters worse, the president is also keeping mum on a call by party strategy director, S Vell Paari, who wanted Palanivel to summon an emergency CWC meeting to discuss the issue.

“Last week, Vell Paari, who is also a CWC member, sent a (sms) message to secretary-general A Sakthivel requesting for an emergency CWC meeting.

“Instead of replying to the request, Sakthivel said that the death of N Dhamendran (who died while in police custody two weeks ago) was discussed at the cabinet meeting,” said the highly placed source.

He said although it was right for the cabinet to discuss the matter, the MIC being the largest Indian based political party in the country, should have taken a stronger stand on the matter.

Press statements no good enough

There have been 2,571 deaths in police custody between 1999 and 2009.

The source said the case of C Sugumaran, who died in police custody a few months ago was also discussed in the cabinet but until today no solution had been found to the problem.

“MIC taking this matter to the cabinet is just a political stunt to pacify the Indians. Palanivel has been using this line countless times but without any tangible result. How long is he going to cheat?” asked the source.

Sugumaran was allegedly beaten by policemen and the public after being handcuffed and waiting to be taken to the police station. Sugumaran succumbed to injuries and died at the scene in the incident in Hulu Langat.

His family members are still waiting for a second autopsy by independent experts, after the first post mortem report by the Serdang Hospital attributed the cause of death to heart attack.

The party source said MIC must take drastic action to curb deaths in custody as 80% of such cases involved Indians.

“It is not good enough issuing press statements when the people want action.

Late last week, Palanivel said a press statement on the matter was enough as the issue was being handled by the authorities.

Dhamendran died at the Kuala Lumpur police headquarters lock-up on May 21, followed by R Jamesh Ramesh who was found dead at the Penang police headquarters on May 26 while 42-year-old former engineer P Karunanithi died while in police custody in Tampin on May 30.

‘Only IPCMC can end custodial deaths’

Crime watch group calls for immediate establishment of IPCMC amid mounting reports of custodial deaths.

PETALING JAYA: Only the establishment of an Independent Police Complaints and Misconduct Commission (IPCMC) would put an end to custodial deaths and disciplinary issues of PDRM.

The Malaysian Crime Watch Task Force (MyWatch) said today the independent, external oversight body should consist of “high ranking PDRM officers, retired police officers, judges and a few representative of NGOs”.

“(The) committee established by PDRM which headed by IGP himself is not good enough which may subject to many cover ups,” MyWatch chairman R Sri Sanjeevan said in a press statement.

“(We) would like to offer ourselves to be part of IPCMC, being a crime watchdog with former IGP (Inspector-General of Police) Musa Hassan as our patron,” he added.

Sanjeevan commended Home Minister Ahmad Zahid Hamidi’s statement in which the latter said his ministry and PDRM “will never tolerate officers who do not follow the standard operating protocols of PDRM”.

“We believe that the Inspector General’s Standing Order (IGSO) which is the SOP for PDRM shouldbe reviewed if made know to public for awareness as there is no secrets in it,” he said.

“(We also) support the move of IGP Khalid Abu Bakar to form a new Crime Prevention Department and merge existing NKRA (National Key Result Areas) department and hope they’ll be more focused and fight crime,” he added.

Sanjeevan then hoped the “new leadership of PDRM” would engage with his group on crime prevention matters as MyWatch “would like to bring forward more grievances of Malaysians to their attention”.

“MyWatch has collected many evidences of wrong-doings of PDRM officers in many police contingents as well as Bukit Aman level, which will be passed on to the IGP and Home Minister to be taken action without fear or favour,” he said.

“We believe in the new leadership therefore we’re prepared to work with them as we’re serious on fighting crime.”

Don't practise double standards, Waytha tells police

The Malaysian Hindraf Association has urged the police to stop practising double standards in investigating its own officers over deaths in police custody, which have been on the rise in recent weeks.

The association’s chairperson P Waythamoorthy said in a statement today that the Home Ministry should also immediately sanction an independent inquiry into the three deaths in custody which have taken place in the last 11 days.

P Karuna Nithi, a 42-year-old former engineer, was the latest death-in-custody victim who died in a lock-up in Tampin on Saturday.

This follows the death of N Dhamendran, 32, who died at the Kuala Lumpur police headquarters on May 21, and the death of R Ramesh Jamesh, 40, who died at the Penang police headquarters on May 26.

"Though the police claim to be investigating a murder case (over Dhamendran’s death), none of the suspects have thus far been arrested and remanded pending completion of investigations.

"This has raised suspicion amongst the public as ordinary suspects are normally arrested and remanded on the flimsiest accusations.

"Aren’t the police practising double standards?" Waythamoorthy, who was recently appointed deputy minister in the Prime Minister’s Department said in his statement.

"The police can never go on giving flimsy excuses for these mysterious deaths and apply double standards in the investigations involving their own men."

BN men also condemn deaths

Meanwhile, MIC president G Palanivel urged a neutral body to be set up to oversee detainees being held in police custody.

"All persons who are detained should not be locked up in local police stations.

"They should be immediately transferred to the respective state police headquarters,” he said in a statement today.

He added that the detainees should be treated fairly and any form of punishment meted out should be by the courts and not the police.

In another statement, Gerakan vice-president A Kohilan Pillay, who described the deaths as "unacceptable", said  the police should not act as executioner.

"I hope that action will be taken immediately to find those who are truly responsible for the death of the three men.

"At the same time, swift preventive measures must be taken to curtail any future deaths in custody as it will only tarnish the already stained image of the police force," he said.

However, both of the BN men made no specific mention about an Independent Police Complaints and Misconduct Commission (IPCMC) which the opposition said it will push for in the coming Parliament sitting and has asked for the ruling coalition’s support.

In a separate statement, NGO Suara Rakyat Malaysia (Suaram) claimed that Karuna Nithi’s death was the eighth death in police custody this year alone.

"Unfortunately the list is sure to grow longer by the end of the year. Interrogation methods and the standard operating procedure (SOP) in handling suspects must be urgently reviewed and reformed.

"The police force must undergo an immediate overhaul and provide urgent training in basic human rights and the proper and humane treatment of prisoners and detainees," said Suaram coordinator R Thevarajan.

It demanded an end to these "serious violations of human rights".

Cops in Dhamendran's case will be suspended

Police personnel allegedly involved in the death in custody of N Dhamendran will be suspended from daily duties, said Home Minister Ahmad Zahid Hamidi.

“It’s in the process,” he answered briefly when asked about the demands for the suspension of the four police personnel who were only reassigned to desk duties following Dhamendran's death.

Zahid was responding to the call after meeting with Jeremy England, the head of regional delegation of the International Committee of the Red Cross at the ministry in Putrajaya today.

Malaysiakini was barred from covering the event, but was able to obtain a recording of Zahid's brief interview at the doorstep to his office.

This is the first time ever that Malaysiakini has been barred from covering a Home Ministry event.
Incidentally, the Defence Ministry began barring Malaysiakini from covering its events only after Zahid became defence minister in 2009.

On the three deaths in police custody within 11 days, Zahid defended the police on grounds that it was not fair to blame the police force as a whole.

He said should some police personnel go beyond the standard operating procedure for interrogation, then they should bear the responsibility, not the entire police force.

“So, to blame the entire police force as a form of protest is not fair,” Zahid said, adding that there would be no compromise on any case of death that takes place during police investigation.

The standard operating procedure may need to be reviewed, he said.
When asked about MIC director of strategy S Vell Paari who, along with Indian-based NGOs, was considering to hold street protests due to the cases, Zahid suggested that they do otherwise based on the same reason.
'Deeply concerned'

“My deputy (minister) and I are deeply concerned regarding this matter, and this not just based on the capacity of myself as a person who was given the responsibility to head this ministry, but we also stressing the humanitarian aspects,” he said.

He also believed that the special committee led by inspector-general of police (IGP) Khalid Abu Bakar, which is to curb incidents involving deaths in police lock-up, will do a good job for the sake of the whole country.

On May 21, N Dhamendran, 31, was found dead after being remanded at the Kuala Lumpur police contingent headquarters. Police said he died of breathing difficulties.

However, the case was classified as murder after a post-mortem found that his body had marks of torture.

Jobless man R Jamesh Ramesh, 40, was found dead in a police station lock-up in Penang on May 26. Police said he died of liver failure.

Two days ago, engineer P Karuna Nithi became the third person to die in police custody in less than two weeks.

Despite the family members of the deceased claiming that injuries were found on his body, Negri Sembilan police chief Osman Salleh said that there is no sign of foul play involved.

Custodial deaths: Street rally mulled

WargaAman and S Vell Paari are considering holding a rally to drive home the point that custodial deaths cannot be tolerated and that the IPCMC must be formed.

PETALING JAYA: A MIC leader and a coalition of Indian-based NGOs are mulling a street rally to protest against custodial deaths.

Speaking to FMT, WargaAman secretary-general S Barathidasan said that the idea was mooted by MIC strategy director S Vell Paari.

“We held a discussion on the matter and both WargaAman and Vell Paari agree that custodial deaths are becoming rampant and require drastic action. If we can hold rallies for political, religious and racial reasons, why not this?” he added.

Barathidasan said that WargaAman would meet with other NGOs and invite them to participate in the protest as well.

He stressed that both WargaAman and Vell Paari also wanted this to be a bi-partisan effort, with the involvement of Pakatan Rakyat politicians as well.

“Political differences must be set aside for this issue. This is also not a racial matter. It is a Malaysian issue and Malaysians of all races must come together.

“We must send a strong message to the authorities that we do not condone such violence, and the police must learn to investigate crimes as opposed to beating suspects to death,” he added.

Barathidasan said the protest wold also highlight the need to establish the Independent Police Complaints and Misconduct Commission (IPCMC).

“This is simply disgusting. Are the lives of Indians in this country so cheap and worthless that at least one Indian should die in police custody every other day?” he asked.

“During the arrest, the detainees were in good health, after being remanded in a police lock-up, the families are informed that the detainees died of heart failure, due to illness and so on,” he added.

Barathidasan said since Ahmad Zahid Hamidi was appointed home minister, there have been a spate of custodial deaths.

“He has failed in his duty, Zahid must resign if he cannot solve this problem,” he added.

‘Why is the probe taking so long?’

Recently, the police landed in the limelight following the death N Dhamendran, 32, whose remains were found to be covered in bruises, while his ears and ankles were stapled.

Following the post-mortem report that the victim died from blunt force trauma, the police classified the case as murder, and those involved have been re-assigned to desk duties.

On Saturday, a 42-year-old former engineer P Karuna Nithi suddenly died while in police custody in Tampin, Negeri Sembilan, and bruises were found on his body.

Meanwhile, Malaysian Hindu Movement leader S Sanjay also pledged support for the protest and vowed to mobilise the people.

“This is a serious issue and all Malaysians must lend their support. We must take to the streets to seek justice,” he added.

On the same note, Sanjay said Deputy Minister in the Prime Minister’s Deparment P Waythamoorthy must resign for failing to take a stronger stand apart from asking for the policemen involved to be suspended.

“He used to make so much of noise about custodial deaths when he was on the ‘outside’ but now, when he is on the ‘inside’, he seems to have toned down,” he added.

Sanjay also criticised the police for dragging its feet in the investigation concerning Dharmendran’s death.

“Why is it taking the police so long to investigate? Why don’t the police beat up the cops involved to extract a confession… Isn’t that their stand procedure,” he said.

The Malaysian Indian Business Association (Miba) has also backed the call for a protest, stating that Malaysian police do not conform to international standards.

Its president P Sivakumar said that the police showed little if no signs of changing despite the high number of custodial death cases.

“There is no change despite the pledges from the police and home minister… it seems the prevailing attitude is like ‘after all, only Indians have died,” he added.

Why the double standard?

Contacted later, Vell Paari said he was disappointed with the authorities and therefore decided to push for the protest.

“Custodial deaths are becoming a constant event. They are always followed by a big hue and cry… Then all is forgotten until another death happens. Is there no respect for life?

“Our government can grief for Palestinians, can demand the United Nations to intervene and even risk death by sending ships with aid through the Israeli naval blockade. But it can’t seem to do or feel the same for our citizens who die in custody. Why this double standard?

“In what way is the grief of the mothers of those custodial death victims different to the cries of the mothers of Palestinian victims?” he asked.

Vell Paari said that it was the Hindraf rally that changed the government’s attitude towards the community.

“So if it takes another rally to bring about the setting up of IPCMC, so be it. I have spoken to WargaAman to coordinate this rally and I would support and work with them,” he added.

Commenting on Zahid’s statement that the police must not be demoralised, Vell Paari said: “The demoralised can be ‘re-moralised’ but can a life lost be returned, Mr Minister?”

The MIC leader also reiterated his stand that those involved in Dhamendran’s case must be suspended and arrested pending investigation.

On the same note, he questioned if outside parties, with an interest in the respective cases, were influencing these policemen to mete out violence on the victims.

Sacked branch chief sues DAP

G Asoghan says the disciplinary panel has no authority because it was appointed by a CEC whose election is under dispute.

BUTTERWORTH: A former DAP branch leader is seeking a court order against his expulsion from the party.

G Asoghan, who was chairman of the Jalan Bagan Luar branch when he was sacked last April, filed a writ this afternoon at the High Court here.

He named as defendants five members of the party’s disciplinary committee—Tan Kok Wai, Tan Siang Piau, M Kulasegaran, P Ramasamy and Lim Hock Seng—as well as the party itself.

“I am seeking a court declaration that the decision taken by the first five defendants was null and void,” he told a press conference here.

“I am seeking a declaration to invalidate the termination letter against me. I also want the court to order the sixth defendant, the DAP, to reinstate me as a rightful party member.”

He is also claiming damages, costs and other reliefs deemed fit by the court.

Asoghan had been a party member since 1992. Last April 23, the head of the disciplinary committee, Kok Wai, issued him a termination letter for his “act of standing as an independent candidate in the Bagan Dalam state constituency”

The letter said the offence was a “serious breach of party discipline”.

Asoghan said the termination letter was invalid because the disciplinary committee was formed by a central executive committee whose election last Dec 15 was under dispute.

The Registrar of Societies (ROS) is yet to recognise the validity of the election following reports of vote rigging.

In line with this, Asoghan said, the party’s candidature letter for the 13th general election was also null and void.

He also said there were rumours that party secretary-general Lim Guan Eng would like DAP to be deregistered because he did not want a re-election conducted by ROS.

Deregistration would also help Lim get rid of 1,300 delegates who were against him, Asoghan alleged.

“Lim and his cronies are not bothered about the party,” he said. “They are keen only to protect their selfish interests.”

Enam laporan polis terhadap wanita didakwa hina yang di-pertuan agong

(Bernama) - Polis Kuala Lumpur menerima enam laporan berkaitan tindakan seorang pemilik akaun Facebook yang didakwa menghina Yang di-Pertuan Agong Tuanku Abdul Halim Mu'adzam Shah.

Timbalan Ketua Polis Kuala Lumpur SAC Datuk Amar Singh Ishar Singh berkata semua laporan itu dibuat di Balai Polis Dang wangi oleh individu yang mewakili enam pertubuhan bukan kerajaan (NGO).

"Wakil-wakil NGO ini telah membaca laman Facebook atas akaun nama seorang wanita yang telah mengeluarkan komen menghina Yang di-Pertuan Agong dan berkecenderungan menghasut," katanya dalam satu kenyataan hari ini.

Beliau berkata kes disiasat mengikut Seksyen 4 (1) (b) Akta Hasutan 1948. Sehubungan itu Amar Singh menasihatkan orang ramai agar menghormati undang-undang negara demi memelihara keharmonian sejagat dan berkata polis tidak akan teragak-agak mengambil tindakan sewajarnya ke atas mana-mana pihak yang cuba mengganggu-gugat keselamatan negara.

Sirul Azhar claims mistrial, seeks acquittal

(Bernama) - Former police Special Action Unit personnel Sirul Azhar Umar, who was convicted for Altantuya Shaariibuu's murder, filed an application to the Court of Appeal here today seeking for his acquittal, claiming there was a mistrial by the Shah Alam High Court.

A notice of motion filed by legal firm The Chambers of Kamarul Hisham and Hasnal Rezua at the Court of Appeal registry here was in an attempt to include additional grounds of appeal.

In the application, former Corporal Sirul Azhar claimed that he was exposed to extensive "adverse publicity" during the trial which was misleading and prejudicial to him, thus denying him a fair trial. He is seeking for the Court of Appeal to declare the trial a mistrial, his conviction be set aside and he be set free.

Sirul Azhar, 39, claimed the adverse publicity he received had caused a probability that the high court judge was biased, rendering his conviction unsafe.

Sirul Azhar claimed he was exposed to adverse publicity through three statutory declarations, two made by private investigator the late P. Balasubramaniam and one by Raja Petra Kamarudin.

He said Balasubramaniam's first statutory declaration, made after the prosecution closed its case on June 23, 2008, contained matters prejudicial to him as those matters were not disclosed in his (Balasubramaniam's) testimony at the trial. He said Balasubramaniam had, on July 4, 2008, made another statutory declaration stating that he was withdrawing his first statutory declaration.

Sirul Azhar said the declarations were extensively uploaded in various websites and had been the subject of various speculation, debate and extensive commentaries from the general public, legal practitioners and leaders which were interpreted as questioning the veracity and authenticity of the declarations.

He said the principal questions hovering in the minds of readers having access to the materials would be, "What prompted the appellants to kill the victim" and "Who gave instructions to have the killing carried out by the appellants".

Sirul Azhar said Raja Petra had, on June 21, 2008, uploaded the latter's statutory declaration on an Internet website stating that three other people were also present when the victim was killed, which was interpreted to mean that he (Sirul Azhar) was the killer.

He claimed Raja Petra had also uploaded a copy of a caution statement believed to be his (Sirul Azhar's) stating that he (Sirul Azhar) had admitted to killing the Mongolian woman.

Sirul Azhar and former chief inspector Azilah Hadri were found guilty and sentenced to death by the Shah Alam High Court in 2009 for killing Altantuya, then 28, at Mukim Bukit Raja in Shah Alam between 10pm on Oct 19, 2006 and 1am on Oct 20, 2006.

Former political analyst Abdul Razak Baginda, who was charged with abetting them, was acquitted by the high court on Oct 31, 2008 after the prosecution failed to establish a prima facie case against him.

Their appeal against their conviction and death sentence is scheduled to be heard by the Court of Appeal on June 10.
Sirul Azhar's lawyer Kamarul Hisham Kamarudin said a copy of the notice of motion would be served to the prosecution.

Waytha calls for suspension of police officers

In the wake of recent custodial deaths, Hindraf chairman P Waythamoorthy has urged the IGP to immediately suspend all police officers involved.

PETALING JAYA: Hindraf chairman P Waythamoorthy today called on the Inspector-General of Police (IGP) Khalid Abu Bakar to immediately suspend all police officers involved in the interrogation of suspects who died while in police custody.

On Saturday, there was yet another death in police custody, involving 42-year-old former engineer P Karuna Nithi in Tampin. This was the third custodial death in 11 days, with the first being N Dhamendran who died at the Kuala Lumpur police headquarters on May 21, followed by R Jamesh Ramesh who was found dead at the Penang police headquarters on May 26.

The deputy minister in the Prime Minister’s Department also urged Home minister Ahmad Zahid Hamidi to take steps in implementing the Independent Police Complaints and Misconduct Commission (IPCMC) or risk losing the people’s confidence in the police force.

“The public is very much disturbed by this continued trend of deaths in custody, ironically mostly involving Indians,” he said in a statement today.

He added that an immediate independent inquiry sanctioned by the Home Minister pending the implementation of IPCMC is required, with members consisting of civil societies, human rights organisations, the Bar Council, top police officers and the AG’s chambers.

On the case of Dhamendran, the deputy minister questioned whether the police are practising double standard.

“Though the police claim to be investigating a murder case, none of the suspects have been arrested and remanded pending completion of investigations.

“This has raised suspicion amongst the public as ordinary suspects are normally arrested and remanded on the flimsiest accusation. Aren’t the police practising double standard?” he asked.

Waythamoorthy added that it is “amazing” for ordinary citizens who had been walking freely all this while to suddenly die after being locked up by the police.

“Police can never go on giving flimsy excuses for these mysterious deaths and apply double standard in the investigations involving their own men,” he said, adding that the police force must take full responsibility over this “unhealthy trend of suspicious deaths in custody”.

“The utmost right among all human rights is the right for a life to live under the grace of God. Hence, no one has the right to take away another’s life,” said Waythamoorthy.

Man Dies In Custody, 'marks on body'