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Date 22/3/2011
Information and Evidence Unit E-Mail : otp.informationdesk@lcc-cpi.int
Office of the Prosecutor Fax : +31705158555
International Criminal Court (I.C.C)
PO Box 19519,
2500 CM, The Hague,
The Netherlands.
Dear Sirs,
Re : 1) State sponsored crimes against humanity in Malaysia – first complaint to ICC
2) Kampong Medan “mini genocide” murder of 5 ethnic minority Indians and 100 over caused grievous bodily injuries.
3) ICC Fact Finding Mission to Malaysia.
______________________________________________________________________________________________________________________________________________
We refer to the above matter wherein Malaysia has on 18/3/2011 ratified the Rome Convention and henceforth became a member of the International Criminal Court (I.C.C) (NST 22/3/2011 at page 12).
We wish to lodge the very first formal complaint against Malaysia to the International Criminal Court as follows:-
1) In over at least the last 20 years, the most vulnerable and softest target up to even sixth generation Malaysian born ethnic minority Malaysian Indians have been subjected to state sponsored acts violence, racism and religious extremism via state policies as is especially outlined in the last three years of our annual Human Rights Reports as follows:-
1) MALAYSIAN INDIAN MINORITY & HUMAN RIGHTS VIOLATIONS ANNUAL REPORT 2010
2) Malaysian Indian Minority & Human Rights Violations Annual Report 2009
3) Malaysian Indian Minority and Human Rights Violations Annual Report 2008
The main complaint as per our aforesaid reports are that this mere 8% of the Malaysian population ethnic Indian minority community have been subjected to systematic “ethnic cleansing” ie their villages and settlements demolished, their hindu temples indiscriminately demolished even up to one hindu temple demolished in every ten days- 96 hindu temples were demolished between 2004 and 2007 in the state of Selangor alone as revealed by the Chief Minister of Selangor at the Selangor State Legislative Assembly on 29/10/2010 (see Tamil Nesan 30/10/2010 at page 3). Further their hindu cemeteries and ethnic Tamil schools systematically demolished etc.
The latest case in point is the Bukit Jalil Estate in Selangor where the last ethnic Indian plantation village, their hindu temple, hindu cemetery and ethnic Tamil school was on 15/3/11 almost “ethnically cleansed” via a government Notice and in a matter of time slated to be systematically “ethnically cleansed” to make way for a Malay Muslim cemetery.
On a day to day basis and from womb to tomb the Indian poor are segregated and excluded to equality and equal opportunities in direct contrevention of Article 8 of the Federal Constitution which guarantees Equality before the law and equal protection of the law beginning from an estimated 150,000 up to even sixth generation Malaysian born ethnic Indian children being denied their Birth Certificates and another estimated 300,000 their Identity Cards. Denied equal opportunities and segregated beginning from being denied places in government fully funded kindergardens, Permata Smart kindergardens, fully residential schools, Matriculation Colleges, Polytechnics University places, JPA, Government and Government Linked Companies (GLC)/ bodies scholarships locally and overseas, due government jobs, due Managerial, Executive and top jobs in the private sector and GLC ,due licences, business opportunities government contracts and supplies and other jobs. And racism and religious supremacy in just about every facet of their daily lives.
The tip of the iceberg example is that in Malaysia a poor ethnic Indian will be denied even a licence and business opportunity to open even a vadai (Indian cake) stall. A poor ethnic Indian will not be taken in even as an office boy in a government department when Sir Anand Satchianand, a first generation ethnic Indian can even become the Governor General New Zealand.
All what the UMNO led Malaysian government does and in fact have done extremely well is to flaunt the odd and exceptional ( 0.1% -1%) showcases of all the above to the world and create the impression and perception that the Indians are not segregated and excluded.
We also wish to lodge a formal complaint on the state sponsored Kampong Medan “mini genocide” in 2001 where ethnic Indians were specifically targeted and attacked leaving five (5) murdered and 100 over caused grievous bodily injuries ( photos of the gruesome injuries is enclosed herewith).
We have lodged thousands of police reports and written thousands of pages of letters and memorandums to the government of Malaysia but to no avail. Some 35 of our Memorandums are as per the Appendix I and which is enclosed herewith.
For championing these very serious grievances via peaceful means, our lawyer and Secretary general (pro tem) P. Uthayakumar has been maliciously prosecuted for Sedition, the trial ongoing and a three year jail sentence hanging over his head. In this month alone (March 2011) 53 Hindraf activists have been maliciously prosecuted in four states for merely being a member of Hindraf, a minority and human rights NGO, the world’s only Human Rights NGO to have ever been outlawed.
Further and better particulars are documented on a day to day basis in our official website www.humanrightspartymalaysia.com.
We hereby appeal for ICC to send a preliminary Fact Finding Mission to Malaysia to independently investigate this our aforesaid complaint.
Should your goodselves require any further documents or information we shall be happy to furnish the same.
Kindly revert to us accordingly.
Thank you,
Yours faithfully,
……………………….
P. Uthayakumar
Secretary General (pro tem)
Appendix 1
Some of the Memorandums from Sept 1998 to Oct 2007 prepared by myself are as follows:-
1) Summary on why an Advocate and Solicitor’s statement cannot and should not be recorded under Section 112 of the Criminal Procedure Code (CPC) during police investigation. (Info line magazine September/October 1998 page 17).
2) Memorandum “Illegal, Unlawful and brutal death by police shooting” to Prime Minister Dato Seri Dr.Mahathir Mohammad dated 17th October 2000. (22 pages)
3) Nota bantahan Satu Tahun tragedi Kampung Medan dan tiada Royal Commission of Inquiry oleh Kerajaan Malaysia kepada Y.A.B Dato Seri Abdullah Badawi, Timbalan Perdana Menteri, Menteri Dalam Negeri dated 8.3.2001 (10 pages).
4) Memorandum Tiada perlindungan polis untuk masyarakat India di kampong lindungan dan kawasan persekitarannya to Tan Sri Musa Hitam dated 30th March 2001. (33 pages)
5) Memorandum Seratus Hari Tragedi Kampung Medan to Tan Sri Musa Hitam dated 15th June 2001.
6) Protest note to Suhakam (Malaysian Human Rights Commission) “One Year of the Kampung Medan Tragedy and no open inquiry” dated 30/3/2002.
7) Memorandum (Meritocracy without merit, and the unfair entrance requirement into Public Universities is a violation of Human Rights especially to the Malaysian Indian Community. The Right to Public University education for all irrespective of ethnic origin) to Tan Sri Abu Talib Bin Othman (Chairman Malaysian Human Rights Commission) dated 7/6/2002. (20 pages)
Protest note ‘Pembunuhan Insan S.Tharmarajen (remaja 19 tahun) dalam tahanan polis dari 3.4.2002 sehingga 21.6.2002” to Inspector of General of Police Tan Sri Norian Mai dated 27/6/2002. (18 pages)9) Memorandum “Assault and death of Tharmarajen a/l Subramaniam (19) and hundreds of others in police custody. Are we heading towards a police state?” to Suhakam (Human Rights Commission of Malaysia) dated 1st July 2002. (31 pages).
10) Memorandum on “A Trigger Happy Royal Malaysian Police Force” (1.3 Persons shot dead per week by the Royal Malaysian Police Force (635 from 1989 -1999) The Star 11/05/99) as opposed to 18 fatal police shootings in New Zealand from 1940 to 2001 (61 years) to Deputy Prime Minister Dato Seri Abdullah Bin Haji Ahmad Badawi dated 31st October 2002. (27 pages)
11) Memorandum “Stand up for justice its now or never” by Police Watch and human rights committee – Malaysia Reports from 1999- 31/08/2003 to Amnesty International London dated 8/9/2003. (433 pages). (By P.Waytha Moorthy)
12) Usul tergempar (Sidang Parlimen) mengenai penembakan mati secara kejam penuntut STPM Vikines a/l Vesvanathan oleh pasukan polis diraja Malaysia pada 11/10/2003 dan terutamanya masyarakat India Malaysia (60%) dan 1.3 rakyat ditembak mati oleh polis Di Raja Malaysia setiap Minggu proposed by police watch 2 through Y.B. Dato’ Dr.Hasan Bin Haji Mohamad Ali. (9 pages).
13) Protest Note “The unlawful and on merciless shooting to death/ of murder of Vikines a/l Vesvanathan by the Royal Commission police force. Why are Malaysian Indians being targeted 75% Malaysians shot dead are Malaysian Indians warning and caution to the Royal Malaysian police force” to Inspector of General of Police Tan Sri Norian Mai dated 15/10/2003. (9 pages)
14) Protest note “Police lords in Malaysia (murderers of innocent people) case of Nagandren a/l Poobalan to Inspector Genral of Police, Malaysia Dato Seri Mohd Bakri Omar dated 28/1/2004. (25 pages)
15) Memorandum on Proposals and opinion/ rationale on the proposed amendments to the penal code and the criminal procedure code to Datuk Mohd Radzi Bin Sheikh Ahmad (Minister in the Prime Ministers Department) dated 19/8/2004. (19 pages)
16) Memorandum on “Police Abuses in Malaysia (1992 to 31-12-2004) –A General Overview to Y.A.Bhg. Tun Mohamed Dzaiddin Bin Abdullah Chairman, Royal Commission to enhance the Operations and Management of the Royal Malaysian Police Force dated 21/1/2005. (153 pages)
17) Memorandum on indiscriminate and unlawful hindu temple demolishment in Malaysia dated 11.5.2005 to Prime Minister of Malaysia, Y.A.B. Dato Seri Abdullah Ahmad Badawi. (19 pages)
18) Memorandum Moorthy’s Struggle Islam – procedures for conversion, procedures on renunciation, jurisdiction and Constitutional crisis dated 28.12.2005. (22 pages)
19) Malaysian Police report card 2005 (criminal abuse of police power cases documented from 1.1.2005 to 31.12.2005) to Dato Seri Abdullah Ahmad Badawi and Dato Seri Mohamed Nazri Bin Abdul Aziz dated 9.3.2006. (107 pages)
20) Protest note on Indiscriminate and unlawful hindu temple demolishments in Malaysia by the Federal, state and local authorities especially the Kuala Lumpur city hall at an alarming rate of at least one hindu temple being demolished in every three (3) weeks to Prime Minister of Malaysia Dato Seri Abdullah Ahmad Badawi dated 25/5/2006. (5 pages)
21) Formal complaint to the United Nations on the unconstitutional conduct of the Malaysian government in demolishing places of worship belonging to the minority Hindus in Malaysia 2006.
22) Protest Note ‘Uphold Constitution & the law, prosecute hindu temple demolishment criminals who are demolishing hindu temples with impunity & stop hindu temple demolishments in Malaysia dated 29.6.2007 to the Hon. Attorney General of Malaysia. (Prepared by P.Waytha Moorthy and together with R.Kengatharan attended a meeting with the present Head of Prosecution Deputy Public Prosecutor Hanafiah at the Attorney General’s office Putrajaya on 29/6/07).
23) Hindraf’s 18 point Demands dated 12/8/2007.
24) Memorandum Bantahan perobohan kuil-kuil, rumah berhala dan dewa- dewa agama hindu di daerah Hulu Langat yang meliputi Kajang/ Semenyih/ Rinching/ Beranang/ Cheras/ Balakong/ Bangi/ Serdang oleh Majlis Perbandaran Kajang kepada Yang Dipertua Majlis Perbandaran Kajang dated October 2007. (2 pages)
25) Memorandum (No freedom of religion/ worship in Malaysia to United Nations 2007 (30 pages ).
Malaysian Bar (Council) Resolutions (1999-2007) proposed by myself:-
1) Immediately set up and independent commission of inquiry to investigate the Attorney General fully and make its findings public.(arising from Dato Seri Anwar Ibrahim’s case) (54th Annual General Meeting of the Malaysia Bar Council 1999/2000 Annual Report 18th March 2000, Renaissance Hotel Kuala Lumpur).
2) Protesting 3.1 person per week shot dead by police of which 60% are Malaysian Indians. (56th Annual General Meeting of the Malaysia Bar Council 2001/02 Annual Report 23rd March 2002, Crown Princess Hotel Kuala Lumpur).
3) Royal Commission of Enquiry on the Kg Medan racial attacks, government failing to protect Indians. Ag to prosecute the Kg Medan criminals who killed 5 Indians and grievous bodily injuries to 100 over other etc. (57th Annual General Meeting of the Malaysia Bar Council 2002/03 Annual Report 22nd March 2003, Renaissance Hotel Kuala Lumpur).
4) Motion calling for mandatory Inquiry and appropriate criminal action into all cases of death by police shooting, deaths in police custody and all six (6) deaths in the Kg.Medan racial attacks (not racial clashes) targeted at the innocent minority Malaysian Indian Community. . (Annual General Meeting of the Malaysia Bar Council 2003/04 Annual Report 20th March 2004, Crown Princess Hotel Kuala Lumpur).
5) Motion of no confidence against the Attorney General of Malaysia and the Inspector General of Police Malaysia. (Annual General Meeting of the Malaysia Bar Council 2003/04 Annual Report 20th March 2004, Crown Princess Hotel Kuala Lumpur).
6) Motion 8.3 on P.Uthayakumar being (falsely prosecuted) for criminal Intimidation by the Attorney General in arising out of the pro bono Inquest into death in police custody of S.Tharmarajah (19) (58th Annual General Meeting of the Malaysia Bar Council 2003/04 Annual Report 20th March 2004, Crown Princess Hotel Kuala Lumpur).(proposed by M.Manogar)
7) Item 5 A (iii) of the amendum to the agenda-
Motion of no confidence (and Motion on mandatory inquest) against the Attorney General and Inspector General of Police Malaysia (Proposed by P.Uthayakumar) (59th Annual General Meeting of the Malaysian Bar Council 2004/05 Annual Report 19th March 2005, Notel Nikko Kuala Lumpur).
Item 5 (vii) Motion by P.Uthayakumar Seconder: M.ManogarMotion on Independent Police Investigations Tribunal, and Attorney General to prosecute without fear or favour all and any criminal abuse of police powers. (60th Annual General Meeting of the Malaysian Bar Council 2005/06 Annual Report 18th March 2006, Legend Hotel Kuala Lumpur).
9) Resolution at Bar Council AGM 2006 on 5A.5 Motion for the Bar Council of Malaysia to institute Public Interest Litigation to compel the Government of Malaysia to form and implement the Independent Police Complaints and Misconduct Commission (IPCMC) within two (2) weeks from 31.5.2006. 5A.6 Motion of no confidence against the Attorney General for being extremely slow in prosecuting criminal abuse of police powers (only 0.01% of the cases). (61st Annual General Meeting of the Malaysian Bar Council 2006/07 Annual Report 17th March 2007, Legend Hotel Kuala Lumpur).
10) Item 8 (e)(i) of Motion dated 9/2/07 that the Bar Council files a Civil suit that the IPCMC be implemented, Motion of no confidence against the Attorney General for not prosecuting criminal policemen. (62nd Annual General Meeting of the Malaysian Bar Council 2007/08 Annual Report 15th March 2008, Legend Hotel Kuala Lumpur).
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