Tuesday, 2 July 2013
Muslim Driver raped little girl in a correctional mode not allowing any infidel attitude.
Muhammad~Ayesha. Majid~Khairunneccha.
7 years girl gagged, raped by a Muslim driver in his home by luring with Chocolate, TV and Islamic lesson.
Barely three weeks after the brutal rape and murder…
Muhammad~Ayesha. Majid~Khairunneccha.
7 years girl gagged, raped by a Muslim driver in his home by luring with Chocolate, TV and Islamic lesson.
Barely three weeks after the brutal rape and murder of a 20-year-old Hindu girl in Barasat’s Kamduni, a 7-year-old girl in the same North 24-Parganas town is now battling for her recovery in Barasat Sub Divisional Hospital hospital after being allegedly raped by a 52-year-old man on Thursday evening. In Kamduni one Sipra Ghosh, a girl student (a student of BA 2nd year of Baguiati Derozio College) was brutally gang-raped and murdered subsequently by a group of Muslim rapists under a leadership of local TMC operators named Ansar and Saiful Ali with other Islamic flag bearers viz Emanul, Rafiq, Nure Ali and Aman Ali (all devout Muslims) on 7th June 2013. Lately some suspicious names like Gopal, Bhutto, Bhola were named in the rape case to secularize the matter.
In the present case one Khairunneccha Khatun (7 years), daughter of one Hafizul (father- a daily labour) and Marufa ( Mother- a maid servant) was raped by one Majid Ali Middya who is in his age 0f 52. Several stitches were administered to her private parts. The accused and her neighbour, Majid Ali Middya, has been arrested. Khairunneccha (name changed), a little girl of 7 years frequently called by Majid to teach the girl some Islamic customs and rhymes who was not getting sufficient Islamic teachings from a local Ramakrishna Free Primary School, in which Khairunneccha is a student of class one (standard – I in Indian system). Khairunneccha sometimes recited some un-Islamic rhymes or ‘Jana Gana Mana’ – national anthem of Bharat (India) in her free mind, which were considered un-Islamic and Majid took a vow to correct the faults of the innocent Khairunneccha, who finally fallen victimized by a person should be considered as her grand papa. Khairunneccha had another unbearable infidel habit for Majid as the little girl used to collect the pictures of many things like birds, Hindu deities etc. Majid could not allow such type of un-Islamic and infidel habits by little Kahirunneccha. Demanding Majid’s death sentence, more than one hundred people launched an agitation in front of the Barasat police station on Friday.
The incident comes barely three weeks after the Barasat’s Kamduni case in which a 20-year-old college girl was brutally gang raped and murdered by at least eight persons. While the Kamduni incident stirred across the state and even hit the all-India news headlines, but the court trial has not started yet as the CID already missing the chief minister Mamata Banerjee’s 15 days deadline. Anyway, the charge-sheet has been given after 21 days on 29 June 2013 in connection with Kamdumi gang rape by rape Jihadists. It is alleged that the TMC is trying to rescue the main culprits by giving a loose charge sheet against them.
In this present case of girl child rape case, on Thursday at around 7.30pm, when the girl, named Khairunneccha, a Class-I student of a local primary school, Ramkrishna F. P. School, was standing alone in front of her house at Ramakrishnapur near Barasat’s Kajipara, Majid – a truck driver – lured her with chocolate and took her to his home for some Islamic lessons. The girl, daughter of a daily wage earner, agreed to go to Majid’s house as she also wanted to watch TV,but not for any academic session.
“After reaching home, Majid sent her daughter-in-law to shop to buy something and closed the windows and doors. Getting the girl alone to his home, Majid, the monster started torturing the little girl brutally even after gagged her with a piece of cloths. He continued the torture her sexually till she somehow managed to remove the cloth from her mouth and screamed in heavy pain. On hearing her screams a woman, a next door neighbour rushed to the Majid’s residence to find him torturing the little girl sexually,” a local said. Then the little girls was profusely bleeding after the attack of the Muslim monster – Majid, who is also a member of CITU run truck driver association, as a report appeared in a Bengali daily Protidin.
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| Muhammad the Pedophile raped Ayesha at her 9 years. Majid only followed him. |
immediately. But the woman started to scream drawing the attention of others in the area, who later roughed up Majid before handing him over to police. The girl was taken rushed to the Barasat district hospital. According to a hospital sources, the girl was still in critical. “While she was taken to the hospital on Thursday evening she was still bleeding profusely. The doctors had to administer at least five stitches to her private parts. She was recovering slowly,” a nurse of the hospital said who was on duty in emergency ward on Friday evening. On Friday morning the locals gathered in front of the Barasat police station and demanded the accused to be hanged. “Those criminals like Majid deserve only death soon after committing the brutal rape on a little girl. But we have no faith on the police as they hardy take proper action against those culprits even after arresting them and the trial is delayed like recent Kamduni case,” said Jharna Bibi, who rescued the girl from the Majid’s custody.
The father of the girl said that he was not at his home while Majid lured her daughter to his house. “I was at outside for my job. But I got the news from a local with whom I met there. I rushed to my house while my daughter was already taken to the hospital. Majid, was my neighbour and he lives just after two houses from my residence. He used to come to my house and my daughter called him Majid Dadu. I want him only to be hanged,” the father said. The girl’s kin have lodged a complaint of rape with Barasat police on Thursday night.
Police, however, registered the case under section PCSO (protection of child from sexual offence), 2012, IPC 4.
“We have arrested Majid on Thursday and produced him in the Barasat court. The case has been registered for sexual assault on a child according to PCSO (protection of child from sexual offence), 2012 Act,” said Bhaskar Mukherjee, additional SP, North 24 Parganas. Majid was remanded in judicial custody for 14 days.
On Saturday the little victimized was taken to the Barasat Court so that Magistrate in this case can record the statement of the rape victim. The health of the victim is recovering slowly as such reports procured for the sources at Barasat Sub divisional Court.
In Bengal, both the Muslim and Hindu girl children are being victims of rape by their known persons, under the series of Rape Jihad. This trend is dangerous enough. And the Ayesha syndrome (including Mufa’ Khathat) among the Muslims is simple a curse to the Muslim girls and women.
Courtesy: TOI | Ali Sina | Black Hawk S | S Arya | Agencies.
Labels:
Islam Discrimination
Feminism Saudi-style: Hundreds turn out do discuss women in society... but not a single member of the audience is female
- Conference on 'women in society' held at Saudi Arabian university
- Judging from picture of the audience - not a single woman attended
- Image shows a sea of men in traditional…
- Conference on 'women in society' held at Saudi Arabian university
- Judging from picture of the audience - not a single woman attended
- Image shows a sea of men in traditional Arab dress but no females
This image show attendees at a conference in Saudi Arabia on the topic ‘women in society’ – and not a single one is female.
The conference, reportedly held at the University of Qassim last year, was attended by representatives from 15 nations, apparently all men.
The seats in the hall are filled with men in traditional Arab dress apart from one wearing a blue chequered shirt.
No girls allowed: A 'Women in Society' conference in Saudi Arabia which judging by this picture had an all-male attendance
Twitter users have branded the image ‘absurd’, ‘the height of misogyny’ and ‘astonishing’ as the internet responded to what is only the latest proof of the gender gap in the Middle-Eastern nation.
Segregation between men and women in the oil rich country is widespread due to the ultra-conservative Wahhabi sharia law.
Restrictions mean they are not allowed to drive, they must use separate entrances at banks and offices, and a plan to build a city for female workers only has been announced.
Restricted: Although they are now allowed to
ride bikes and motorcycles, women in Saudi Arabia are still very much
controlled by their fathers, brothers and husbands
Small steps towards gender equality has been made in the past year.
Earlier this year, King Abdullah appointed women to 20 per cent of the 150-member Shura Council, an unelected body which advises the Government.
In April, Saudi Arabia lifted the ban preventing women from riding motorbikes and bicycles, but only if they are accompanied by a male relative and dressed in full veil.
Labels:
Islam Discrimination
No raising Kugan case, deputy speaker orders MPs
Ismail
said this would be…Ismail
said this would be tantamount to interfering in judicial proceedings,
even though the High Court had delivered judgment on June 26."Even though the decision has been made, the government still has 30 days to appeal," Ismail noted.
Earlier, N Surendran (PKR-Padang Serai, right) had raised issues surrounding Kugan's death in his debate on the motion of thanks on the royal address, arguing there has been lack of action on deaths in custody.
Ismail said he was using his discretion to decide if this could interfere in legal proceedings or affect any party in an ongoing civil case.
Tian Chua (PKR-Batu, left)
disagreed with the decision, stressing that the deputy speaker could
not anticipate that the government will lodge an appeal regarding the
case.On June 26, Justice VT Singham had ruled in favour of Kugan’s family in their civil suit against the police and the government. He awarded the family RM801,700 in damages.
Home Minister Zahid Hamidi yesterday signalled the government's intention to appeal the court's decision.
Kugan died on Jan 20, 2009 in the police lock-up in Taipan USJ, Selangor, after being detained for questioning.
Labels:
Kugan
‘Conversion Bill based on existing guidelines’
The Cabinet will heed the criticism leveled at amendments of the Bill, which allows for unilateral child conversions to Islam.
KUALA LUMPUR: Deputy Prime Minister Muhyiddin Yassin today acknowledged there…
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KUALA LUMPUR: Deputy Prime Minister Muhyiddin Yassin today acknowledged there…
The Cabinet will heed the criticism leveled at amendments of the Bill, which allows for unilateral child conversions to Islam.
KUALA LUMPUR: Deputy Prime Minister Muhyiddin Yassin today acknowledged there were “issues” in the Administration of the Religion of Islam (Federal Territories) Bill 2013 tabled in Parliament last Wednesday.
But he defended the move by stressing that the Cabinet had used “several guidelines” in assessing and ultimately approving the Bill, which allows unilateral conversion of minors to Islam, to be tabled in Parliament.
“The cabinet has discussed this in detail and we understand there must be a fairer decision but we also understand that in the current situation, there have been several guidelines that we used,” said Muhyiddin in a press conference today.
“One of them is the court’s decision on a previous case and the second is the Malaysian constitution. So that is the jurisdiction of power we have today.”
The Bill has drawn flak from multiple corners, including Barisan Nasional component parties MIC and MCA, as the word “parent” instead of “parents” in the amendment makes it legal for a sole guardian to convert children below the age of 18 to Islam.
MCA vice president Gan Ping Siew had slammed the “stealthy” tabling of the amendment in the Federal Territories Islamic law, according to news portal Borneo Insider.
“I am shocked to learn that the government is tabling the Bill as it contains controversial provisions that affect the constitutional and religious rights of the non Muslim,” he was quoted as saying.
“This will seriously and irredeemably affect the religious harmony and national unity of our country.”
Muhyiddin said today: “We take heed of the criticism, we understand that there are a few matters that have become the focus of the public’s attention
“We will take into consideration the views of certain quarters, including BN component parties MCA, MIC and others who have voiced out the same issue. We will act based on the policies made.
But when a reporter pointed out that the amendments to the Bill contradicted a 2009 Cabinet decision to ban unilateral conversions of minors to Islam, Muhiddin said: “yes, but this is the latest [developments].
“We will examine this carefully and [Minister in the Prime Minister’s Department in charge of Islamic Affairs] Jamil Khir Baharom will make an announcement when the time comes,” he said.
Engage the stakeholders
In another development, deputy minister in the Prime Minister’s Department and Hindraf chairman P Waythamoorthy said parts of the new Bill could act as a tool of manipulation with regards to maintenance, custody of children as well as unilateral declaration on the religious status of disputed deceased partners in controversial conversions cases.
“In reality in passing this bill, the Syariah court will abrogate the jurisdiction of the civil court in regards to ancillary reliefs for the non-Muslims,” he said in a statement today.
He also pointed out that the Bill appeared to be in direct confrontation with the Convention on the Rights of the Child (CRC) and the Convention on Elimination of All Form of Discrimination against Women (CEDAW).
Both these conventions had been ratified by the Malaysian government.
He urged the AG Chambers to engage with other stakeholders such the Ministry of Women, Family and Community Development, religious leaders, Bar Council and the Syariah legal fraternity before tabling the bill.
Calling the tabling of the Bill as provocative, Waythamoorthy said “any government Bills tabled should not antagonize the government’s transformation plans”.
- See more at: http://www.freemalaysiatoday.com/category/nation/2013/07/01/conversion-bill-based-on-existing-guidelines/#sthash.Kj92FD1u.dpuf
▲
KUALA LUMPUR: Deputy Prime Minister Muhyiddin Yassin today acknowledged there were “issues” in the Administration of the Religion of Islam (Federal Territories) Bill 2013 tabled in Parliament last Wednesday.But he defended the move by stressing that the Cabinet had used “several guidelines” in assessing and ultimately approving the Bill, which allows unilateral conversion of minors to Islam, to be tabled in Parliament.
“The cabinet has discussed this in detail and we understand there must be a fairer decision but we also understand that in the current situation, there have been several guidelines that we used,” said Muhyiddin in a press conference today.
“One of them is the court’s decision on a previous case and the second is the Malaysian constitution. So that is the jurisdiction of power we have today.”
The Bill has drawn flak from multiple corners, including Barisan Nasional component parties MIC and MCA, as the word “parent” instead of “parents” in the amendment makes it legal for a sole guardian to convert children below the age of 18 to Islam.
MCA vice president Gan Ping Siew had slammed the “stealthy” tabling of the amendment in the Federal Territories Islamic law, according to news portal Borneo Insider.
“I am shocked to learn that the government is tabling the Bill as it contains controversial provisions that affect the constitutional and religious rights of the non Muslim,” he was quoted as saying.
“This will seriously and irredeemably affect the religious harmony and national unity of our country.”
Muhyiddin said today: “We take heed of the criticism, we understand that there are a few matters that have become the focus of the public’s attention
“We will take into consideration the views of certain quarters, including BN component parties MCA, MIC and others who have voiced out the same issue. We will act based on the policies made.
But when a reporter pointed out that the amendments to the Bill contradicted a 2009 Cabinet decision to ban unilateral conversions of minors to Islam, Muhiddin said: “yes, but this is the latest [developments].
“We will examine this carefully and [Minister in the Prime Minister’s Department in charge of Islamic Affairs] Jamil Khir Baharom will make an announcement when the time comes,” he said.
Engage the stakeholders
In another development, deputy minister in the Prime Minister’s Department and Hindraf chairman P Waythamoorthy said parts of the new Bill could act as a tool of manipulation with regards to maintenance, custody of children as well as unilateral declaration on the religious status of disputed deceased partners in controversial conversions cases.
“In reality in passing this bill, the Syariah court will abrogate the jurisdiction of the civil court in regards to ancillary reliefs for the non-Muslims,” he said in a statement today.
He also pointed out that the Bill appeared to be in direct confrontation with the Convention on the Rights of the Child (CRC) and the Convention on Elimination of All Form of Discrimination against Women (CEDAW).
Both these conventions had been ratified by the Malaysian government.
He urged the AG Chambers to engage with other stakeholders such the Ministry of Women, Family and Community Development, religious leaders, Bar Council and the Syariah legal fraternity before tabling the bill.
Calling the tabling of the Bill as provocative, Waythamoorthy said “any government Bills tabled should not antagonize the government’s transformation plans”.
- See more at: http://www.freemalaysiatoday.com/category/nation/2013/07/01/conversion-bill-based-on-existing-guidelines/#sthash.Kj92FD1u.dpuf
Labels:
conversion
Hindraf aims at 100% Indian survival of SPM
Advisor Ganesan says his movement will seek NGO help in its attitude-changing programme.
PETALING JAYA: Hindraf will be engaging with civil society in implementing its education blueprint for the Indian…
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PETALING JAYA: Hindraf will be engaging with civil society in implementing its education blueprint for the Indian…
Advisor Ganesan says his movement will seek NGO help in its attitude-changing programme.
PETALING JAYA: Hindraf will be engaging with civil society in implementing its education blueprint for the Indian community.
“Hindraf’s effort is to enable every Indian child in Malaysia to unleash its potential through training and a proper transformation process,” N Ganesan, the movement’s advisor, told FMT today.
According to him, 30% of Indian students who enter the education system would drop out before they even reach the SPM level and another 30% would fail SPM. Every year, only 3, 000 would enroll for tertiary education.
Ganesan said Hindraf was targeting 100% survival up to SPM level so that no Indian child entering the the education system would drop out before completing secondary education.
“Our objective is to have these students go through an attitude transformation and not get involved in any form of gangsterism or anything else that may jeopardise their education.”
He said Hindraf was willing to work with any civic group that had good programmes for attitude transformation.
“We intend to guide Indian students all the way from pre-school right up to their higher education,” he said.
“Our goal is to establish a situation where every student who enters the education system completes SPM.
“We are here to bring light into the lives of people and not to win in politics.”
As a start, Hindraf held a meeting with several Indian-based NGOs last Saturday at Putrajaya to discuss education issues affecting the Indian community. The meeting was chaired by Hindraf chairman and deputy minister in the Prime Minister’s Department, P Waythamoorthy.
- See more at: http://www.freemalaysiatoday.com/category/nation/2013/07/01/hindraf-aims-at-100-indian-survival-of-spm/#sthash.CxgIRzD8.dpuf
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PETALING JAYA: Hindraf will be engaging with civil society in implementing its education blueprint for the Indian community.“Hindraf’s effort is to enable every Indian child in Malaysia to unleash its potential through training and a proper transformation process,” N Ganesan, the movement’s advisor, told FMT today.
According to him, 30% of Indian students who enter the education system would drop out before they even reach the SPM level and another 30% would fail SPM. Every year, only 3, 000 would enroll for tertiary education.
Ganesan said Hindraf was targeting 100% survival up to SPM level so that no Indian child entering the the education system would drop out before completing secondary education.
“Our objective is to have these students go through an attitude transformation and not get involved in any form of gangsterism or anything else that may jeopardise their education.”
He said Hindraf was willing to work with any civic group that had good programmes for attitude transformation.
“We intend to guide Indian students all the way from pre-school right up to their higher education,” he said.
“Our goal is to establish a situation where every student who enters the education system completes SPM.
“We are here to bring light into the lives of people and not to win in politics.”
As a start, Hindraf held a meeting with several Indian-based NGOs last Saturday at Putrajaya to discuss education issues affecting the Indian community. The meeting was chaired by Hindraf chairman and deputy minister in the Prime Minister’s Department, P Waythamoorthy.
- See more at: http://www.freemalaysiatoday.com/category/nation/2013/07/01/hindraf-aims-at-100-indian-survival-of-spm/#sthash.CxgIRzD8.dpuf
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Hindraf
Betrayal of non-Muslim Cabinet members
From Ravinder Singh, via e-mail
In April 2009 the Cabinet had decided that the children of an estranged couple should remain in the “common religion of the parents at the…
From Ravinder Singh, via e-mail
In April 2009 the Cabinet had decided that the children of an estranged couple should remain in the “common religion of the parents at the time of their marriage”. This was after the public outcry about the conversion of three children of an Indian couple by the father who had converted to Islam. The children were aged one, 11 and 12.
The recent and out of the blues tabling in Parliament of the Administration of the Religion of Islam (Federal Territories) Bill 2013 with the provision on the conversion of non-Muslim children with the consent of either mother or father proves that the Cabinet decision of April 2009 is not worth the paper it is written on.
A Cabinet decision is an unwritten law, or common law. It can only be revised by the Cabinet. Civil servants have to give due respect to Cabinet decisions and implement them.
In Malaysia, it is the convention that proposed legislation must first get Cabinet approval before it goes to Parliament for the formalities of a debate and vote on it. Rarely has any legislation tabled in Parliament not been passed lock, stock and barrel by the august house.
Objections or no objections, practically all legislation or amendments are given the rubber stamp by Parliament as the majority-side Parliamentarians have no choice but to support the Prime Minister. The ruling party’s whip will ensure this.
Therefore, tabling this Bill without the knowledge of the non-Muslim members of the Cabinet is an act of betrayal. They were a party to the decision of April 2009. It is akin to back-stabbing them.
This is a very serious matter as its implications run deep. On the one hand the government talks of fostering closer inter-racial ties, on the other it shows scant respect for their rights. Even the rights of the non-Muslim Cabinet members who were a party to the decision of April 2009 have been trampled on as they were left in the dark over the proposed amendment.
Article 12 (4) of the Federal Constitution says “the religion of a person under the age of 18 years shall be decided by his parent or guardian”.
The words “parent or guardian” in this context cannot mean “either mother or father” for the simple reason that it takes a man and a woman, a mother and a father, to produce a child. The child is therefore the common property of both the mother and the father until the age of maturity from whence the child is on its own. So how can the law allow one of them to grab the child from the other by abusing religion?
I’m sure there are some Muslims out there who do not support the forced conversion of minors who are born non-Muslims. If God wanted everyone to be a Muslim, he would simply not have created people of different creeds, cultures, religions. When a non-Muslim converts to Islam and then converts his under-aged children, he or she is doing it out of vengeance on the other partner.
For whatever reasons, he is taking revenge on the other partner. Not only Islam, but no other religion should abet this vengeful action of the one parent on the other. No religion should tolerate this, let alone welcome it. Religions are for preaching peace and not for provoking enmity between peoples all of whom are children of the one and only God although He is called by different names in different languages.
The surreptitious tabling of the Bill has become a test for all the non-Muslim members of Parliament. Will those who are in arms with Umno support it as required by the Parliamentary whip, or are they ready to stand up and put their foot down and not allow the religious rights of the non-Muslims to be steam-rolled over by parties with a holier-than-thou attitude?
In a worst case scenario are they prepared to break ranks and oppose it (not abstain from voting by not attending the session), but by actually being present when a vote is taken and opposing it?
This Bill drives wedges between the Muslims and the non-Muslims. Is this what 1Malaysia is all about? Is this creation of animosity between the Muslims and the non-Muslims in full accord with the teachings of Islam?
So the Cabinet decision in April 2009 was just to fool the people for a while? Where is the honour of the Cabinet? The proposed law should have codified that decision of the Cabinet instead of throwing it into the drain and coming up with something that is a full about turn.
Was Najib pushed by some more powerful hand than his own to table this Bill with the controversial provision that goes against the letter and spirit of the Cabinet’s decision of April 2009? Please stop driving wedges between the people who have lived as brothers and sisters for so long.
Labels:
conversion
Custodial deaths - a tale of indecision and indifference
Malaysiakini
by Andrew Khoo
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by Andrew Khoo
As published in Malaysiakini on 29 June 2013.
I
take as my starting point May 2005, and the release of the Report of
the Royal…
Malaysiakini
by Andrew Khoo
Between April 2011 and the end of 2012, the EAIC received 347 complaints;
110 (31.7 percent) were rejected;
Nine (2.5 percent) were referred to the Malaysian Anti-Corruption Commission ("MACC");
15 (4.3 percent) were referred to the various appropriate disciplinary authorities;
Four (1.1 percent) were referred to the appropriate disciplinary authority and the MACC;
60 (17.2 percent) were directed for full investigation; and
149 (42.9 percent) required further preliminary investigation.
▲
by Andrew Khoo
As published in Malaysiakini on 29 June 2013.
I
take as my starting point May 2005, and the release of the Report of
the Royal Commission to Enhance the Operation and Management of the
Royal Malaysian Police (Report).
This
Report noted that between January 2000 and December 2004 there had been
80 deaths in custody. Inquests were held into only six of these deaths.
The most recent statistic, as disclosed to Parliament on June 26, 2013,
is that from 2000 to mid-2013 there had been 231 cases of deaths in
custody.
The
Report contained a recommendation to establish an Independent Police
Complaints and Misconduct Commission (IPCMC). A complete draft bill was
included as an appendix to the Report. All that the government needed to
do was to table this in Parliament. It did not.
Instead,
the government disagreed with the proposal. It was debated and
discussed, and the government dithered for some two-and-a-half years.
According
to the non-governmental organisation Suara Rakyat Malaysia or Suaram,
28 people died in police custody between May 2005 and December 2007.
Eventually,
in December 2007, the government introduced legislation in the Dewan
Rakyat to establish a Special Complaints Commission in place of the
IPCMC - on which there was an uproar of sorts.
Complaints
were levied that the proposed legislation was being rushed through
without proper or sufficient consultation. The government relented and
agreed to defer the matter to the next sitting of Parliament, in March
2008.
Of
course Parliament did not sit in March 2008, given the 12th general
election, with the Barisan Nasional government losing heavily.
The
then-prime minister Abdullah Ahmad Badawi made it known on March 27,
2008, that an IPCMC Bill had been ready to be presented to the cabinet
before being tabled in Parliament, but this was deferred because of
GE12. But Abdullah was on his way out, and thus a lame-duck prime
minister.
So, matters had to await a change in the leadership of the government, which occurred on April 3, 2009.
The
government under new Prime Minister Najib Abdul Razak finally
introduced legislation in the form of the Enforcement Agencies Integrity
Commission (EAIC) Bill, which was passed by the Dewan Rakyat on July 1,
2009, and by the Dewan Negara on July 30, 2009.
The EAIC Act 2009 received Royal Assent on Aug 19, 2009, and was gazetted on Sept 3, 2009.
According to Suaram, in the almost two years between December 2007 and September 2009, eight people died in police custody.
Notwithstanding
its gazetting on Sept3, 2009, it would be some time before the EAIC
took effect. Time was needed to set up the EAIC, to find staff, appoint
commissioners. This took 19 months and the EAIC finally commenced
operations on April 1, 2011.
According to Suaram, in the 19 months from September 2009 to March 2011, eight people died in police custody.
Again according to Suaram, a further 19 people died in police custody between April 1, 2011 and May 20, 2013.
Some of the major EAIC shortcomings
I
chose May 20, 2013, because the EAIC Convention 2013 was held on that
day. During the convention, the former chief justice of the Federal
Court of Malaysia, Abdul Hamid Mohamad, delivered a detailed critique of
the shortcomings of the EAIC.
In particular, Abdul Hamid highlighted the following:
Under
Section 17 of the EAIC Act, full investigations are to be conducted by a
Task Force. Abdul Hamid disclosed that no such Task Force had been
formed.
Instead,
investigations were conducted by EAIC investigators. Only three out of
those 60 cases had been fully investigated, resulting in one case being
referred to the disciplinary authority of the Royal Malaysian Police and
the other two closed because the disciplinary authorities in both those
cases had already meted out punishments.
Abdul
Hamid questioned how long it would take the EAIC to complete the 57
cases that were directed for full investigation and the 149 that were
referred for further preliminary investigations.
He
also questioned the speed with which the various disciplinary
authorities completed their own investigations into complaints referred
to them by the EAIC and compliance with the time-frame to communicate
their findings back to the EAIC.
In
none of the cases of referred complaints did any of the disciplinary
authorities communicate back to the EAIC within the prescribed two-month
period: the norm was six months.
On
June 5, 2013, EAIC chief executive officer Nor Afizah Hanum Mokhtar
(left) provided updated statistics that appear not to show any
improvement. Nor Afizah said between April 1, 2011 and May 31, 2013, the
EAIC had received 469 complaints. Of these, 353 (75.27 percent) were
against the police.
Investigations
were opened into 124 out of these 469 complaints, but only one resulted
in a recommendation of disciplinary action against a member of the
police force. This would appear to be that same one case cited by Abdul
Hamid.
In
other words, none of the new cases of complaints against the police,
from January to May 2013, has resulted in any recommendation of
disciplinary action against a member of the police force.
Yet,
according to Suaram, eight people died in police custody from January
to May 2013, six if we exclude N Dhamendran and Jamesh Ramesh, for which
a decision to create a Task Force to investigate was announced in May
2013.
Nor
Afizah Hanum was quoted by The Malaysian Insider as saying, "We are
looking at how we can investigate deaths in police custody... even
though nobody has filed complaints." She went on to say, "We want to
investigate cases of public interest, even when we do not receive
complaints."
Section 28 of the EAIC Act 2009 states:
"Without
prejudice to Section 27, the Commission may commence an investigation
in respect of a misconduct it becomes aware of on its own initiative,
only if the Commission is satisfied that the matter is of significant
interest to the public or that it is in the public interest to do so."
This
is not a new provision of the EAIC Act 2009. It has been there right
from the very beginning. Given this power to commence an investigation
even in the absence of any complaint, it begs the question, why only in
June 2013 was she saying this?
Was
it only because of the publicity that arose from the three deaths in
custody that occurred between May 21, 2013 and June 5, 2013? What about
the 20 deaths in custody from April 1, 2011 to May 20, 2013? Were none
of these deaths of significant interest to the public?
So, how many more have to die in custody?
One
of these cases was that of C Sugumaran, the circumstances of whose
death on Jan 23, 2013 widely reported in the local media. Did the EAIC
not feel that this was a suitable case to exercise its powers under
Section 28 of the EAIC Act 2009, or that it was in the public interest
to do so?
How
many people have to die in police custody before the EAIC becomes
satisfied that the matter of deaths in custody is of significant
interest to the public? How many people have to die in police custody
before the EAIC thinks it is in the public interest to do so?
We
enter the realm of speculation, but how many lives might possibly have
been saved had the EAIC got its act together much earlier, and launched
an investigation into this matter much earlier? One can only guess.
The
establishment of a task force to investigate two of the latest deaths
in custody comes as too little, and certainly too late, for those who
have died. Because of the dithering, indecision and indifference of the
government and, to a certain extent, the EAIC commissioners, people
die.
In
the 27 months that the EAIC has been in operation, from April 2011 to
June 2013, 23 people have died in police custody. All the EAIC
commissioners must bear the moral responsibility for not having stepped
in much earlier to address this issue.
Death
in custody is not a recent phenomenon. Remember what the Report had
already noted more than eight years ago, when it was 80 deaths in
custody. Now it is 231 custodial deaths. When will this stop?
A
new test has now arisen for the EAIC: what to do with the new
inspector-general of police (IGP), Khalid Abu Bakar? High Court judge VT
Singham (left) in his judgment delivered on June 26, 2013 in respect of
the civil suit brought by the family of the late A. Kugan, who died in
police custody on Jan 16, 2009, concluded that the police had attempted
to cover up the real reason for Kugan's death.
Justice
Singham dismissed claims by Khalid, who was then chief police officer
of Selangor, that there was no cover-up. He raised doubts about the
veracity of statements made at that time by on the cause of Kugan's
death, and questioned why Khalid had not initiated a detailed
investigation into the matter.
The learned judge found Khalid liable for misfeasance of public office.
Indeed,
this practice of announcing a misleading cause of death is not limited
to the IGP. In the case of the death in custody of N Dhamendran
recently, Kuala Lumpur Criminal Investigations Department head SAC Ku
Chin Wah gave a press conference declaring that Dhamendran had
complained of chest pains and had died of breathing difficulties.
This
was in spite of clear evidence that Dhamendran had been brutally
killed. Even his ears had been stapled, and there were puncture wounds
on his ankles.
Will
the EAIC now launch another task force to look into the possible
misconduct of Khalid? Or the patently erroneous reason given by Ku? Or
are these matters not of significant interest to the public?
Is
launching an investigation into the conduct of the IGP not in the
public interest to do? The words of the judgment of Justice Singham,
said in respect of the Royal Malaysian Police Force, apply in equal
measure to the EAIC:
"As
soon as the crime is reported or comes to the public knowledge, the
highest authority of police must act promptly and must ensure
investigation is conducted with promptitude by an independent
investigation agency or at least an inquest is held or recommended."
If
the government is adamant that the EAIC is a good or better alternative
than the IPCMC, then the time really has come for all the EAIC
commissioners to show that they have the independence and integrity to
investigate the IGP.
If
they do not do so, then all that the government has said in defence of
the EAIC will count for naught, all the EAIC commissioners should
resign, and the IPCMC should be immediately established.
The
ball is now squarely in the court of the EAIC to act decisively. The
inescapable conclusion must be that it is of significant interest to the
public that the EAIC does so.
ANDREW
KHOO is co-chairperson of the Human Rights Committee of the Bar Council
Malaysia. He writes here in his personal capacity.
Labels:
police killing
Good Ties With Others Generating Great Opportunities For Malaysia - Najib
KUALA LUMPUR, July 1 (Bernama) -- Datuk Seri Najib Tun Razak said Malaysia's good relations with other countries generated ample opportunities to the country.
The prime minister noted that an…
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The prime minister noted that an…
KUALA LUMPUR, July 1 (Bernama) -- Datuk Seri Najib Tun Razak said Malaysia's good relations with other countries generated ample opportunities to the country.
The prime minister noted that an increasing number of countries were opening their doors to Malaysian investment.
"More and more countries are opening their doors to Malaysia to invest in. Our good relations are breeding great opportunities," he tweeted Monday.
Najib is currently on a four-day working visit to the United Kingdom, aimed at strengthening the good relations between the two countries.
Prior to that, the prime minister led the Malaysian delegation at the Global Smart Partnership Dialogue themed, 'Leveraging Technology For Africa's Socio-Economic Transformation', in Dar Es Salaam, Tanzania. Najib also tweeted that Tanzania's Economic Transformation Programme (ETP) blueprint was ready.
Noting that the document had adapted the best practice gleaned from Malaysia's own ETP to suit Tanzania's needs, he hoped it would be implemented successfully.
Najib also said he had a good discussion with Ugandan President Yoweri Museveni which touched on their shared interests.
Meanwhile, the prime minister further tweeted that 40,000 Malaysian housewives would be trained under the 1Malaysia Support for Housewives programme.
"It will be a good opportunity for them to increase household income," he said.
-BERNAMA
▲
The prime minister noted that an increasing number of countries were opening their doors to Malaysian investment.
"More and more countries are opening their doors to Malaysia to invest in. Our good relations are breeding great opportunities," he tweeted Monday.
Najib is currently on a four-day working visit to the United Kingdom, aimed at strengthening the good relations between the two countries.
Prior to that, the prime minister led the Malaysian delegation at the Global Smart Partnership Dialogue themed, 'Leveraging Technology For Africa's Socio-Economic Transformation', in Dar Es Salaam, Tanzania. Najib also tweeted that Tanzania's Economic Transformation Programme (ETP) blueprint was ready.
Noting that the document had adapted the best practice gleaned from Malaysia's own ETP to suit Tanzania's needs, he hoped it would be implemented successfully.
Najib also said he had a good discussion with Ugandan President Yoweri Museveni which touched on their shared interests.
Meanwhile, the prime minister further tweeted that 40,000 Malaysian housewives would be trained under the 1Malaysia Support for Housewives programme.
"It will be a good opportunity for them to increase household income," he said.
-BERNAMA
Labels:
Najib
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