Thursday, December 20, 2007

Catholic weekly in quandary over permit

The organ of the Catholic Church, Herald is facing problems in renewing its yearly publishing permit allegedly over the use of the word ‘Allah’ in the weekly’s Bahasa Malaysia section.

According to Church sources, the government is not happy with the use of the word ‘Allah’ by the weekly when referring to ‘God’ in Bahasa Malaysia.

The use of ‘Allah’ outside of Islam has previously stirred controversies in Malaysia. Four years ago, the Bible in Iban language was banned because it translated the word ‘God’ as Allah Taala, which resembles Islam’s name for God, ‘Allah’.

The ban was however lifted after protests from the Christian community.

The Herald, which is published in four languages - English, Bahasa Malaysia, Chinese and Tamil - has a circulation of 12,000. The weekly’s permit is due to expire in two weeks.

The Herald - which publishes news and information for Catholics in Malaysia - have previously received written warnings pertaining to the content of their articles primarily those which touch on religious and political issues.

Most recently, the Herald frontpaged both the Bersih and Hindraf rally which saw tens of thousands protesters hitting the streets of Kuala Lumpur.

Remove BM section

Opposition leader Lim Kit Siang in a statement yesterday said the Home Ministry has imposed a new condition for the renewal of the Herald’s publication permit - that the BM section of the weekly be removed altogether.

This is confirmed by sources close to the Catholic weekly.

Lim has described Prime Minister Abdullah Ahmad Badawi’s administration as one which has promoted religious polarisation the most as compared to four previous prime ministers.

Examples that the DAP veteran included are the demolition of the Sri Maha Mariaman Temple in Kampung Rimba Jaya in Shah Alam one week before Deepavali.

“This was followed by the disrespect and insensitivity when the Umno General Assembly was held on Deepavali – imagine the protest and outrage if the MCA or MIC had held their general assemblies during the Hari Raya holidays,” he said.

In addition, during the party assembly, Umno Youth deputy chief and prime minister’s son-in-law, Khairy Jamaluddin blamed the Indian news vendors for taking a holiday during Deepavali which resulted in Abdullah’s speech as Umno president not being prominently reported by the media.

Lim also noted the incident when two Umno parliamentarians - Syed Hood Syed Edros (BN-Parit Sulong) and Mohamad Aziz (BN-Sri Gading) demanded the removal of the cross and demolition of Christian statues in mission schools.

“The PM must take urgent measures to arrest the worsening of inter-religious relations in the country and halt the growing number of incidents of disrespect and insensitivity felt by non-Muslim Malaysian,” he added.

No need for non-Muslim affairs dept

Meanwhile, Abdullah yesterday said it was not necessary to set up a non-muslim affairs department because an effective special committee is already in place.

He said this after Indian non-governmental organisations requested the government to set up the department to handle the affairs of non-Muslims in the country.

The premier explained that the existing committee in the PM's Department comprised of
Minister in the PM's Department Bernard Dompok (handling Christian matters), Works Minister S Samy Vellu (Hindu) and Housing and Local Government Minister Ong Ka Ting (Buddhism).

Abdullah also said that the National Unity Department has a similar committee with a minister (Dr Maximus Ongkili) entrusted with matters pertaining to solidarity, religions and beliefs.

Hindraf supporters shave heads to protest detention

More than a dozen ethnic Indian activists shaved their heads outside Batu Caves temple today to protest the detention of their leaders under the tough Internal Security Act (ISA).

Five leaders of the Hindu Rights Action Force (Hindraf), calling for an end to alleged discrimination of Indians in multi-racial Malaysia, were held last week under the ISA which allows for indefinite detention without trial.

More than 100 Indians gathered on the banks of a river near a temple at Batu Caves, just outside Kuala Lumpur, where 16 people shed their hair.




"The 16 of us have shaved our heads as a protest against the detention of the five leaders of Hindraf who are being held under the ISA," said activist S Jayathas.

"We do not believe they are a threat to national security and we think the ISA should be abolished," he added.

According to rights group Suaram, 89 people are currently being held under the ISA with almost half of those held being alleged Islamic militants.

Gandhi posters

The group then carried pictures of Indian non-violence Independence leader Mohandas K Gandhi as they headed towards the temple where prayers were held.



"In the Hindu religion, people shave their heads as a sign of mourning," said opposition PKR leader Sivarasa Rasiah, who was present at the event.

"Here, it reflects the sadness over the detention of the leaders and that protests against their detention and the fight against discrimination will continue," he told AFP.

Hindraf enraged the government last month by mounting a mass rally alleging discrimination in Malaysia, which is dominated by Muslim Malays.

Police used tear gas, water cannon and baton charges to break up the street protest, which drew 30,000 people and came just two weeks after another rare demonstration organised by electoral reform campaigners.

Wednesday, December 19, 2007

Why should I go back to Malaysia?

Discordant Duke | Dec 19, 07 4:36pm
I am an ordinary Malaysian who has been living in United Kingdom for almost half a year now. I have never felt more Malaysian until I reached the UK. I take pride in my identity as a Chinese Malaysian, in that order. It never tires me to point out that being Chinese does not automatically mean that I come from China, Hong Kong or Taiwan.

In the course of my work in a hostel here, I recently encountered verbal abuse which was racial and religious in nature from a resident. Not realising the gravity of the situation, I briefly recorded the incident in the logbook.

The next day I received a call from my immediate boss telling me to see the deputy housing manager as my complaint was viewed very seriously. To cut a long story short, the deputy housing manager assisted me in filling out an official hate crime/incident report that resulted in the resident being booted out from the hostel a few weeks later.

Just when I thought that the whole matter was over, I received a note from a police officer today leaving me his contact number. He asked if I wished to pursue the matter further and told me that in the future such abuses can be reported directly to him if I do not feel comfortable going through the channels in my workplace.

As a non-citizen, I felt amply protected by the laws of this country. It’s not that UK has a perfect system or that racism does not exist in this society. At least I am institutionally protected from overt discrimination such as racial and religious prejudices.

It has never occurred to me that racism was taken so seriously as per my case. This is probably because I grew up in an environment where racial discrimination is institutionalised and accepted as part and parcel of our life in Malaysia. After 50 years of independence, our education system, economic policy and political sphere are still ruled according to the dictates of race. It seems to me that we have not been freed after all from the shackles of colonial mentality divide-and-rule..

Maybe I am not seeing the bigger picture of our country’s laws and policies. But I am not the only one. Contrary to the landslide election results cited by our government every time criticisms are mounted, I can confidently say that the realities around me are very different.

I know of brilliant overseas students who refuse to return to Malaysia upon graduation. There are diligent local graduates working their way out of the system and dissatisfied friends and family who have no other recourse but to spend their time grumbling at mamak stalls. To say the least, our laws and policies are damaging the psyche of our nation.

How can we supposed that the general election results represent our public and political consciousness when the minister in the prime minister’s department so bluntly said in an Al Jazeera interview that the views of opposition members carry no weight?

This is contrary to the tenets of democracy. How can we reasonably believe in clean and fair elections when efforts to publicly debate such issues were reduced to childish name-calling and trivial bickering?

Yes, I am making a comparison between UK and Malaysia. The prime minister recently said that public security is of paramount importance but I cannot help but feel more secure and protected by a foreign country’s rule of law of a foreign country rather than my own. My short stint in the UK has exposed me to a law enforcement that takes the extra mile to assuage me of my fear of discrimination while my many years of encounters with the Malaysian police force was of intimidation and bribery.

All these are compounded by the discrepancy between what our mainstream newspapers report and the personal realities around me. The media tells me that the disgruntled are only a small segment of Malaysian society but everyone around me seems to be dissatisfied. The media says that only a minority in the police force are corrupt but everyone I know has at least one bad tale to tell. The media’s estimates of participants in recent demonstrations were hard to reconcile with what I saw on Youtube.

I am not saying that Malaysia should emulate her past colonial master all-and-sundry. No doubt we have much to learn. If I may take the comparisons one step further, the UK treats me, a migrant worker, more like a human being than we in Malaysia treat our migrant workers.

How can our migrant workers be more than a commodity when we have legislation against their love lives and none to provide them with more humane conditions of labour? Given the way we alienate our Indonesian neighbours in our country, no wonder they do not see that we share the same cultural roots.

Dear prime minister, I have been asking myself again and again why I (or anyone else in my shoes) should go back to Malaysia? An ordinary Chinese Malaysian like myself is more protected by the law, has more merit-based opportunities and can live a more comfortable life in the UK.

The only reason I tell myself is that Malaysia is where I belong - the people, the culture, the history and all. Tanah tumpah darahku. This is my society. This is where I want to contribute my productive and creative energy.

The recent events have distanced me from such sentiments altogether. Honest and loyal citizens struggling for a better Malaysia have been made to look like the worst traitors, charged with attempted murder and accused of conspiring with terrorist groups. The rhetoric of Ketuanan Melayu is getting louder by the day, nurturing a cultural and political system that I am becoming more and more estranged with. People in positions of power to affect change remain in absurd denial of a reality that all sane people know to be true.

Dear prime minister, I am writing and expressing my thoughts simply because I still believe and hope. Despite the many who have chosen to opt out of Malaysia, I still want to be optimistic about the possibilities for change. I trust that you still hold on to your promise of working with and for the people.

I am just an ordinary Malaysian who wants to see a better Malaysia. I pray that you will hear the concerned voices and reinforce my conviction that Malaysia is a country for all - regardless of race, religion or creed.

Tuesday, December 18, 2007

I told PM the truth

As citizens of Malaysia, Indians have the right to enjoy equal opportunities and must not be treated like third-class citizens.

This was the crux of Malaysian Indian Business Association (Miba) president P Sivakumar's hard-hitting speech during the special meeting between Indian non-governmental organisations (NGOs) and Prime Minister Abdullah Ahmad Badawi last Friday.

"In the past, only the educated and middle-class Indians were unhappy about the difference in treatment. But over the last three years, every Indian in the country is unhappy and angry over the way we are treated," he said.

Sivakumar told Malaysiakini yesterday that at the onset of his speech, he sought permission from Abdullah to speak without fear or favour and to tell him the truth.

To this, he said, the premier replied: "Yes, please tell me the truth."

Following this, Sivakumar continued: "As you (Abdullah) are aware, the communities in Malaysia are affluent and very much matured after 50 years of Independence."

"The term bumiputera and non-bumiputera literally means 'son of the soil' and 'not son of the soil' (respectively). That means the Indian community was born where - in the sky?" he said, telling Malaysiakini that Abdullah tittered at this remark.

Sivakumar said in the past, the New Economic Policy (NEP) won the support of all three communities because it was initiated to address the socio-economic position of all races.

"So what is happening?" he asked the premier.

"What (is) 40,000 Indians? You should have given the (police) permit, there would have been more than 300,000 Indians on that day," he added in reference to the Nov 25 rally organised by the Hindu Rights Action Force (Hindraf).

The urban poor

Citing the agriculture sector, Sivakumar said there more than 70 percent Indians were involved in this sector.

"When the policies changed, what measures did the government take to address the thousands of Indians chased and driven out of the estates, with nowhere to go, and no housing left," he added.

The Miba president said this led to the emergence of urban poor, resulting in serious social problems like gangsterism.

"Indians killing each other for a living, who is to be blamed?" he asked.

"If only a Felda-type (scheme) had been extended to these Indians, with proper nurturing and with land given to develop small holdings and animal husbandry, they would have contributed well to the economy and even cut down our import bill, especially on dairy products. We need not depend so much on foreign workers," he said.

On the issue of funding, Sivakumar pointed out that MIC recently held seminars by calling Agriculture and Agro-based Industries Minister Muhyiddin Yassin who promised the Indian community help and support.

"But what happened? Let's take Johor for example, I personally followed up with the (state) Agriculture Department after Muhyiddin reminded the director to help the Indians.

"Nothing, not a single ringgit was given to the Indians," said the Johor-based businessman.

"Let's take other funding agencies, like MIDF, SMIDEC and SME. Yes, all (of them) like to hold seminars, (produce) good paper work. But nothing for the Indians," he added.

No help extended

As for privatisation, Sivakumar once again cited the situation in Johor.

He said the state government identified 43 projects. "The community was offered only one project, only to be retracted after two weeks. Why?"

Apart from this, the Miba president also reminded the premier that the latter had pumped RM100 million into a fund to help single mothers embark on business ventures.

"I checked with them (the fund), nothing was extended to Indian single mothers in Johor," he said.

Turning to the construction sector, Sivakumar said: "You (Abdullah) had offered 30,000 jobs, (but) when a group of Indians went to apply for tender, they were told to leave because it was only for bumiputeras.

"They had to leave the place with shame and tears. Is this fair? Aren't they citizens (too)?" he added.

Moving to the civil service, Sivakumar quoted Abdullah as saying that Indians make up five percent of the civil service.

"But our population is nine percent, what about the balance four percent? At least, place Indians where help is needed. For example, EPF in JB (Johor Baru), only one Indian, Socso none, post office none," he said.

The Miba president also highlighted that the scrap metal business, which involves many Indian businessman, is now under threat of licences not being renewed.

"Who will take care of their families and children if they cannot perform?" he asked.

Three-percent equity

On the Ninth Malaysia Plan (9MP), Sivakumar noted that it has been three years since Abdullah announced the three percent equity target for Indians.

"What are the steps and measures that you have initiated, please tell us. Even now, it is not too late, we have initiated an independent co-op for the community without any political group’s control. PM can help by funding this.

"I have even given (MIC president) S Samy Vellu a project paper on where Indians can go into - bio-tech business as a self-help programme. Why not help us because the Indians need the government's help. The Indians need opportunities," he said.

Sivakumar also highlighted the issue of temple demolitions and asked for temples constructed before Merdeka not to be demolished.

On that note, he also urged Abdullah to review the detention of five Hindraf leaders under the Internal Security Act (ISA) and called for them to be charged in court.

He also called for the release of the 31 people charged for the attempted murder of a policeman in connection with the Hindraf rally. Yesterday, Attorney-General Abdul Gani Patail withdrew the charge.

Sivakumar told Malaysiakini that he wrapped up his speech by apologising to Abdullah if he had offended the latter with his remarks.

According to him, the premier replied: "Not at all, Thank you for telling me the truth."

The special meeting between the NGos and the prime minister was called following widespread debates on the allegation raised by Hindraf that Indians in Malaysia are being marginalised.

Monday, December 17, 2007

Hindraf 31: AG drops attempted murder charge

Attorney-General Abdul Gani Patail today dropped the attempted murder charge against the 31 individuals - dubbed the Hindraf 31 - who had allegedly taken part in an illegal assembly and were also accused of causing severe injury to a policeman at the Batu Caves temple on Nov 25.

He also withdrew all charges against six others - five of them students - while the remaining 25 pleaded guilty to charges including illegal assembly and causing mischief.

Shah Alam Sessions Court judge Nursinah Adzmi fixed bail at RM500, with one surety each, until she delivers sentence on Dec 27. They face up to five years in prison or a fine, or both, when they are sentenced next week.

Approached to comment on why the charges were dropped, Abdul Gani said it was difficult to pinpoint exactly who threw the brick that had injured officer Dadi Abdul Rani.

“I could be very strict but not this is not the time. This is not a goodwill gesture (to them). This is the fairest thing to do,” he said briefly.

He also said the 31 had written to him, disassociating themselves from the Hindu Rights Action Force (Hindraf) - which had organised the rally in Kuala Lumpur - and undertook to not participate in an illegal assembly again.

The Hindraf rally saw 30,000 disgruntled Indians taking to the streets of Kuala Lumpur. Police had used chemical-laced water and tear gas to disperse them.

Family-members present

Family members of the accused had initially gathered at the Shah Alam High Court as early as 9am, to hear the outcome of a bail revision hearing that had been postponed last Thursday.

Abdul Gani told justice Zaharah Ibrahim that lawyers for the accused had decided not to proceed with the revision, and the matter reverted to the Sessions Court.

The crowd of close to 150 then packed into Sessions judge Azimah Omar’s court and waited for an hour before they were informed that the judge was on leave.

The matter was transferred to Nursinah’s court. The crowd almost brought proceedings to a halt in the courtroom, while police tried to restore order.

With hardly any room to move, family members remained standing to catch a glimpse of the accused when they were brought into court. Relatives, who were in tears, managed to embrace some of them.

When the court adjourned, the crowd cheered as the 31 were released. Many family members were seen thanking lead defence counsel, GK Ganesan.

Plea bargain

Ganesan (right) told Malaysiakini that he was happy with the AG’s decision.

“The AG showed extreme compassion and understanding. The parents of the accused are all very grateful that the charges have been withdrawn,” he said.

He also affirmed that he had made representations for plea bargaining to the AG on behalf of his clients last Thursday, to have the attempted murder charge withdrawn.

“I wrote to the AG to state that my clients are sincerely remorseful and deeply regret the event. All they want to do is to go back to work and be reconciled with their families,” he added.

Another lawyer for the accused, A Sivanesan (left), ticked off MIC for seeking to take credit in the dropping of the attemped murder charges.

"(MIC leader S) Samy Vellu was misleading to make such statements. The representation was made by the lawyers, not MIC," he said.

S Ramash Kumar, 22, one of the students who was discharged, described his time in Sungai Buloh prison as “hell”.

“The treatment was bad, the food was bad. I just want to thank all the Indians for their support,” said the soft-spoken first-year civil engineering student of the Universiti Industri Selangor.

Vasanta Rao, a 19-year old student at a teacher's training college, was one of the five released unconditionally.

"I thank the government. I only went to the temple ... for prayers that day and was arrested. I'm now very happy to be free," he told reporters.

PM urged AG to drop charges

Prime Minister Abdullah Ahmad Badawi had earlier urged Abdul Gani to drop the murder attempt charges after appeals by family members.

But Opposition Leader Lim Kit Siang (right), who was present in court today, called for all the charges to be withdrawn.

"Although I welcome the dropping of the attempted murder charge against the 31, I'm disgusted that the attorney-general had not withdrawn all the charges against the other 26," he told AFP.

Abdullah said those detained were misled by ethnic Indian rights group Hindraf, who had organised the Nov 25 rally that drew at least 30,000 people to the streets of Kuala Lumpur.

Abdul Gani said most of the 31 accused had submitted affidavits saying they did not support Hindraf and many vowed not to take part in future illegal assemblies.

Thursday, December 13, 2007

Families visit Hindraf 5 at Kamunting

About 30 relatives were able to meet five leaders of the Hindu Rights Action Force (Hindraf) this morning at the Kamunting detention camp, where they are being detained for two years under the Internal Security Act (ISA).

Hindraf legal adviser P Uthayakumar, lawyers M Manoharan, R Kenghadharan and V Ganabatirau and organising secretary T Vasantha Kumar were arrested yesterday afternoon and immediately sent to the camp in Taiping, Perak.

Family members rushed in a convoy from Kuala Lumpur this morning to visit them.

Officers set up two tables in a room where the detainees were brought out two at a time to meet between five to six family members each.

Manoharan’s family members were the first to enter the visitation room.

“He said he was okay,” said a close friend of the family who also got a glimpse of him.

Lawyers were also allowed in, including N Surendran who had accompanied family members of Uthayakumar and Ganabatirau during the simultaneous visits.

“They are in very high spirits and determined to last it out,” he said when contacted.

He added that the five, who had arrived at the detention camp about midnight, appeared to be in good health.

A close relative of Uthayakumar told Malaysiakini that a handful of Hindraf supporters had gathered in front of the detention camp.

“We’re not asking anyone to gather here. Instead, we have encouraged them to continue their prayers for the safety and well being of the detainees,” she said.

Immediate visits upon detention under ISA are a departure from procedure.. Typically, family members are only allowed to visit detainees after two months of detention.

Video - Uthaya Parting Message 1 & 2

Hindraf arrests: Use of ISA slammed

Several opposition leaders and civil society groups have unanimously condemned the arrest of five leaders of the Hindu Rights Action Force (Hindraf) under the Internal Security Act (ISA).

Inspector-General of Police Musa Hassan confirmed that they were arrested under Section 8(1) of the ISA, for allegedly carrying out activities that threaten national security.

The five were arrested at various locations in Selangor, Kuala Lumpur and Seremban. They are Hindraf legal adviser P Uthayakumar, lawyers M Manoharan, R Kenghadharan and V Ganabatirau and organising secretary T Vasantha Kumar.

They were sent to the Kamunting detention camp in Taiping, Perak for a two-year detention, without this being preceded by the 60-day investigation period.

Lim Kit Siang, Parliamentary Opposition Leader and DAP MP for Ipoh Timur

ISA, detention without trial, the infamous and notorious law whereby a person can be detained indefinitely without any grounds of offence, I think, is something which never should have been enabled.

I think if they are guilty of sedition or whatever it is, they should be charged in court and let their guilt be established after an open trial (where they are) allowed to defend themselves.

Karpal Singh, DAP national chairperson and Bukit Gelugor MP

I think the use of the ISA under these circumstances cannot be justified, or (even) under any circumstances. He should be given an opportunity to face trial in an open court if there is evidence. I think the home minister is going too far in having invoked the ISA.

Our men are inside, M Manoharan and V Ganabatirau, (are) members of DAP. We will definitely take the necessary action not only for both of them, even the others. In the public interest, action should be taken by DAP to make sure nobody is victimised by the provisions of ISA.

Ambiga Sreenevasan, president, Bar Council

I am very shocked and saddened by the announcement of ISA arrests. The Bar Council has always been against detention without trial. It is our view that they should be brought to trial.

In the meantime, we trust that they will be treated humanely, that their families will be kept informed as to their whereabouts and that they will receive proper care including medical treatment. The Bar Council calls for their immediate release.

S Arutchelvan, pro-tem secretary-general, Parti Sosialis Malaysia

We are not surprised by the arrest of Uthayakumar and the four others under the draconian ISA.

Abdullah Ahmad Badawi is no different from the previous prime ministers who resorted to ISA whenever they were unable to handle political storms.

It is time for Barisan Nasional and ISA to go. Only with the Barisan Nasional’s defeat can we also defeat ISA which has been ruling our lives for the last six decades.

Yap Swee Seng, executive director, Suara Rakyat Malaysia

We condemn the use of ISA against the five Hindraf leaders.

This is a gross human rights violation. It is a shame that Malaysia, which is a member of the United Nations Human Rights Commission, has to resort to this draconian law to curb political criticism.

We call for the release of detainees or for them to be charged in court if the government feels that they have committed any crime. There are ample laws to take action against them if indeed they have committed any crime. To use ISA is certainly unjustifiable and indefensible.

These people will not be given the right to defend themselves against charges including the alleged terrorist link. They will be denied the right to trial and to legal counsel.

Shanon Shah Mohd Sidik, executive director, Amnesty International Malaysia

Amnesty International Malaysia is extremely regretful that after 50 years of independence and in the 20th anniversary year of Ops Lalang, the government has yet again resorted to using the ISA to suppress peaceful political, academic and social activities, and legitimate constructive criticism by NGOs and other social pressure groups.

Today's ISA arrests are clearly meant to limit the political space for important debates on issues of economic policy, corruption and other social challenges.

Amnesty International Malaysia is also extremely concerned at this juncture because the ISA is also an indisputable symbol of torture, as confirmed by the court judgment on former ISA detainee Abdul Malek Hussin.

We hereby call on the Executive to abolish the ISA and rectify the culture of impunity that exists in Malaysia. We also call on the Executive to implement the royal commission's recommendations and to implement the Independent Police Complaints and Misconduct
Commission to investigate such abuses in the future.

Centre for Independent Journalism (CIJ) and Writers Alliance for Media Independence (Wami)

CIJ and the Wami are deeply disturbed that the government has resorted to the draconian ISA to arrest five leaders of Hindraf.

The arrests indicate that the government of Abdullah Ahmad Badawi has lost all respect for the mandate that the people gave him based on his promises for reform and greater accountability.

CIJ and Wami are concerned that such a blatant crackdown will lead to instability which the government says it is trying to prevent. The use of ISA spreads terror and unrest among citizens and seriously mars the standing of the country internationally.

We urge the government to release the five immediately or give them the recourse to a trial in court.

Norhayati Kaprawi, programme manager, Sisters in Islam (SIS)

SIS strongly urges the government to review its decision to use the ISA against five Hindraf leaders; (we) call for their immediate release.

SIS wishes to remind the government that the use of the ISA, which denies citizens the right to defend themselves in a court of law, is against the principles of democracy, good governance and Islam Hadhari.

The use of the ISA clearly contradicts and brings disgrace to the international image of Malaysia, especially since Malaysia sits on the United Nations Human Rights Council.

Aliran Executive Committee

Aliran condemns the arrest of five Hindraf leaders under the obnoxious ISA. These arrests are certainly a huge step backwards for democracy.

When the Barisan Nasional detains its citizens under the draconian ISA, it concedes that it has lost its moral authority and has no justification to frame a valid charge and take them to court under the existing laws.

Hindraf leaders, like many other (detainees) before them, do not deserve the unjust ISA. Nobody should be detained without trial.

Detaining them under this undemocratic law will not resolve the underlying causes of the grievances and disillusionment that have been expressed by the Hindraf leaders and which have struck a chord among Indian Malaysians.

Malaysians will know that what the BN is trying to protect is its own security and interest and the survival of the (BN component party) MIC. It is the fear of the eroding loss of confidence that has driven the BN to take this desperate action.

Aliran calls on the government to immediately charge all of them in a court of law if they have flouted any law or release them unconditionally.

Uthayakumar's parting message


Hindu Rights Action Force (Hindraf) legal adviser P Uthayakumar saw it coming - that he would be arrested under the Internal Security Act (ISA), a tough law which allows detention without trial. In a video message recorded two weeks ago, Uthayakumar called on Hindraf supporters to continue the struggle despite should he be detained under ISA. “We knew what we were getting into from the beginning of our struggle. We knew this can happen to us. “We’ve come a long way - we’re fighting a just cause (and for) justice by using peaceful means to succeed,” he said. “By arresting us under the ISA, the issue of the marginalisation and the permanent colonialisation of Indians in Malaysia will take a higher profile. “We must look at it positively because that way we (can) get the government and international attention.” The video was recorded on Nov 29 in Kuala Lumpur High Court - the day when Uthayakumar applied for a revision of the restraining order obtained by the police against the mammoth Hindraf rally. Today, Uthayakumar and four others - lawyers M Manoharan, R Kenghadharan and V Ganabatirau and organising secretary T Vasantha Kumar - were arrested under Section 8(1) of the ISA. In a rare move, the five were sent straight to the Kamunting detention centre in Taiping, Perak, to be detained for two years, without undergoing the usual 60-day investigation period.

Link to terrorist groups

According to inspector-general of police Musa Hassan, the ISA arrests were made against the five for carrying out activities that threaten national security. The charismatic activist had been expecting the ISA arrest after Prime Minister Abdullah Ahmad Badawi threatened to use the security law against Hindraf leaders. Last week, Musa claimed that Hindraf was linked to terrorist groups and was active in fanning racial sentiments among the Indian community by stirring up their anger and arousing hatred against the government. Uthayakumar, who said he had no regrets, added that the sacrifice he had made for the struggle was worth it. “If that means we have go into ISA for the betterment of the Indians, for them to be treated with dignity and for them to be respected as human beings and as Malaysian citizens [...] then so be it,” he asserted. The jovial lawyer ended the video with a smile and waved goodbye - an image of Uthayakumar which many will not be seeing for a while.

US demands due process for arrested Malaysian activists

The United States demanded that Malaysia provide fair treatment to five leaders of a rights group held under a security law that allows for indefinite detention without trial.

The five from the Hindu Rights Action Force (Hindraf), pushing for an end to discrimination of ethnic Indians in multi-racial Malaysia, were picked up yesterday and ordered held under the feared Internal Security Act (ISA).

"Our expectation as a government is that these individuals would be provided the full protections under Malaysian law, that they would be given due process, that they would be accorded all the rights accorded to any other citizen, and that this be done in a speedy and transparent manner," State Department spokesman Sean McCormack said.

Hindraf enraged the government of Prime Minister Abdullah Ahmad Badawi last month by mustering at least 30,000 people to the streets of Kuala Lumpur to highlight various issues facing ethnic Indians, including lack of economic opportunities and destruction of Hindu temples.

Police used tear gas, water cannons and baton charges to break up the protests.

"It is our firm position that those individuals who want to peacefully express themselves in a political forum or any other forum should be allowed to do so," McCormack told reporters.

Human rights groups have campaigned for the abolition of the ISA, a law that they say has been abused by the authorities.

The ISA is currently being used to hold more than 100 people, including about 80 alleged Islamic militants.

Human Rights Watch, a US group, said the arrest was "outrageous."

"We have said over and over again that the ISA should be abolished and there is no room for holding people, never mind indefinitely, without charge and trial," said Mickey Spiegel, the group's Asia division senior researcher.

Erasing Hindu heritage

The Malaysian government has always used deadly race riots in 1969 as a reason for controls on freedom, even though some groups believe that after 50 years of independence, Malaysians are matured enough to discuss their grievances openly.

"Malaysian authorities are obligated, like any sovereign countries' government, to balance the need for public order with equally important need for robust and free debate of issues important to Malaysian citizens," a State Department official said.

"It is our hope that the Malaysia government will allow the freest possible debate," said the official, speaking on condition of anonymity.

The Becket Fund for Religious Liberty, a US non-profit law firm that helps defend freedom of all religions, charged that the destruction of Hindu temples - some built before the start of the British colonial period almost two centuries ago - could be an attempt to erase Hindu heritage in Malaysia.

Hindraf claimed one temple was being demolished every three weeks.

"What I have heard from people is really that in destroying these temples, they are trying to destroy evidence of how long the Hindu faith has been a part of Malaysia, particularly in the context of advancing Islamisation and of the equation of Islam with nationalism in Malaysia," said Angela Wu, the Fund's international law director.

Hindraf has filed a four trillion dollar lawsuit against Britain for alleged atrocities suffered by Indians whose forefathers were brought as indentured laborers to Malaysia during colonial rule.

Remain calm, Waytha tells supporters

Malaysiakini 14 Dec 2007

Hindu Rights Action Force chairperson P Waythamoorthy today urged the movement’s supporters to remain calm in the face of the police swoop on five key leaders which aimed to cripple the movement.

“Don’t get emotional. Let’s remain calm and continue with our struggle,” said Waythamoorthy who contacted Malaysiakini from London.

He is presently in that city to rally international support for the movement which wants the Malaysian government to stop marginalising the Indian community.

His absence from Malaysia prevented him from being arrested under the Internal Security Act today. Five other Hindraf leaders, including Waythamoorthy’s brother Uthayakumar, were detained under the tough security law today

The five have been immediately sent to the Kamunting detention centre in Taiping, Perak, on a two-year detention without trial.

“Let not anyone tell you that Hindraf is without leadership as a result of the police act today,” said Waythamoorthy, who is expected to take the helm from his detained elder brother.

He added that he would continue to lead Hindraf from London to achieve their aims in bettering the plight of the Indian community

“I will be issuing statements from here and will be in touch with others in Malaysia on our next step,” he said.

Protect our struggle

He also warned his supporters not to allow any political parties to hijack the movement’s struggle.

“We will remain apolitical though we are politically sensitive,” said the 41-year-old lawyer.

“I know there will be political parties who will try to move in after the arrest of the five key leaders today. My message to our supporters is not to let them hijack our struggle.”

He added that he would be calling for a tele-conference press meeting tomorrow at Uthayakumar’s office to explain Hindraf’s next move.

“Till then, please remain calm and if you want to do anything, just offer prayers for us,” he said.

Internal Security Act (ISA) - !!!

Under Section 73 (1) of the ISA, the police can detain any individual for up to 60 days without a warrant, trial and without access to legal counsel if he was suspected to have “acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."

After 60 days, the Minister of Home Affairs can extend the period of detention without trial for up to two years, without submitting any evidence for review by the courts, by issuing a detention order, which is renewable indefinitely

Wednesday, December 12, 2007

5 Hindraf leaders arrested under ISA

Five leaders of the Hindu Rights Action Force (Hindraf) were arrested by the police this afternoon under the Internal Security Act (ISA), which allows detention without trial.

Inspector-General of Police Musa Hassan said the arrests, under Section 8(1) of the ISA, were made against the five for carrying out activities that threatened national security.

In a rare move, the five were sent straight to the Kamunting detention centre in Taiping, Perak, to be detained for two years, without undergoing the usual 60-day investigation period.



Those arrested are Hindraf legal advisers P Uthayakumar, M Manoharan, R Kenghadharan and V Ganabatirau and organising secretary T Vasantha Kumar.

Musa said that the five were arrested between 12.30pm and 2.30pm in Kuala Lumpur, Petaling Jaya and Seremban.

Kenghadharan was the first to be picked up at his office in Petaling Jaya at around 12.30pm by a police team from from Bukit Aman. Next was Ganabatirau who was nabbed in Seremban. Vasantha Kumar was detained about 2pm in Brickfields, Kuala Lumpur.

According to Ganabatirau's brother Raidu, the lawyer was arrested by a police Special Branch team led by ASP Zairulnain Lamat from Bukit Aman.

“When asked why he was being arrested, he (Zairulnain) said that it was under the ISA,” Raidu told Malaysiakini.

He added that Zairulnain said the police had information that Hindraf was planning another rally like the one organised in Kuala Lumpur on Nov 25.

Meanwhile, Manoharan was arrested near his legal firm in Jalan Pantai, Kuala Lumpur whereas Uthayakumar was the last to be detained at 2.30pm from his legal firm in Bangsar, Kuala Lumpur.

Struggle to continue

Earlier today, Uthayakumar told Malaysiakini that he suspected more Hindraf leaders would be rounded up following Kenghadharan's arrest.

The lawyer also revealed that a police team had followed him from his house to the office and that Ganabatirau was also tailed from Shah Alam to Seremban.

In a related development, Hindraf member S Jayathas said the arrests will not hamper Hindraf’s struggle.

"Regardless of the arrests this struggle will move on. We have many leaders who are waiting to take over and we will not go backwards but move ahead to fight for the rights of Indians in Malaysia," he told AFP.

Under the police radar

The police have been targeting Hindraf lawyers over the past few weeks. The crackdown started with the arrest of chairperson P Waythamoorthy, Uthayakumar and Ganabatirau on Nov 23. They were then charged with sedition in Klang.

On Tuesday, Uthayakumar was again arrested and charged on another count of sedition in Kuala Lumpur. He was arrested once more on the same day and kept overnight in remand before being released yesterday without being charged.

Both Waythamoorthy and Ganabatirau were also re-arrested over the past week and released after being held for some hours.

Waythamoorthy, who is Uthayakumar's younger brother and also a lawyer, is currently in London on a mission to lobby for support from international groups.

Hindraf has come under the police radar after organising nationwide talks in which they are alleged to have made seditious speeches in relation to the marginalisation of the Indian Malaysian community.

Hindraf's rally in Kuala Lumpur attracted some 30,000 people. The police used water cannon and tear gas to disperse the crowd. Thirty-one of the protesters have been charged with attempted murder and causing mischief with some facing a third charge of illegal assembly.

The government has been threatening to use the ISA against Hindraf leaders for some weeks now.

Last week, Musa claimed that Hindraf was linked to terrorist groups and was active in fanning racial sentiments among the Indian community by stirring up their anger and arousing hatred against the government.

He added that the police had been monitoring the group - helmed by six prime movers comprising five lawyers and a senior executive of a private company - since July 28.

Law used against gov't critics

The ISA is not thought to have been used against government critics since 2001, when Malaysia was under the iron grip of former premier Dr Mahathir Mohamad who used it to quell a reform movement triggered by the arrest of his deputy Anwar Ibrahim.

Opposition leader Lim Kit Siang condemned the government's move and said that if the Hindraf leaders had committed any offence they should be charged and tried in an open court.

"It is deplorable, the use of the ISA is completely indefensible," he said.

"To resort to detention without trial is a regression to the dark days of human rights violations and is something that will bring further shame to Malaysia's international image and reputation."

Abdullah has for several weeks been threatening to invoke the draconian legislation against Hindraf, which authorities have accused of having links with Sri Lanka's Tamil Tigers. The group denies the charges.

Earlier this week the premier alluded to the use of the ISA by saying that he considered public safety to be more important than public freedom.

Lawyers and human rights group have warned that the use of the ISA will only inflame the protest movement, which is airing grievances that have been bottled up for many years.

Malik Imtiaz Sarwar from the National Human Rights Society (Hakam) said the government's move was regrettable and unnecessary.

"The ISA detention will have the unfortunate effect of now stopping genuine attempts on the part of the marginalised Indian community to have their grievances addressed," he told AFP.

The legislation - which dates back to the British colonial era when it was used against communist insurgents - provides for two-year detention periods that can be renewed indefinitely.

After 'missing' for 24 hrs, Uthayakumar is freed

Fauwaz Abdul Aziz (Malaysiakini.com) | Dec 12, 07 5:50pm

Lawyer P Uthayakumar was released from police custody at 5pm today - exactly 24 hours after he was arrested yesterday.

“They kept me for the full maximum period allowed by the law but took no steps to charge me,” he told Malaysiakini.

Uthayakumar was arrested yesterday at the Kuala Lumpur court complex as soon as he had posted RM50,000 bail in relation to his sedition charge.

The arrest yesterday was due to an allegedly seditious statement made by him regarding the arrest and of 31 people at Batu Caves on Nov 25 for attempted murder, he said.

Uthayakumar was kept overnight at the Kuala Lumpur remand centre in the old Pudu prison.

His lawyers and the media had been waiting at the Jalan Duta courts since early morning today for him to be brought to face fresh charges as alluded by the prosecution in their case yesterday.

However, news got out at about 5pm that the lawyer has been released without being charged. A small crowd of about 100 gathered outside the remand centre to welcome Uthayakumar, with a about 30 policemen keeping watch about 10 meters away.

Several of his supporters, some with tears in their eyes, came to hug him or shake his hand while he was feted with flower petals. One admirer bent to kiss his feet, as others chanted “Long live Uthaya!”

Speaking the truth

At the press conference held at the entrance of the remand centre, Uthayakumar said the repeated sedition charges to which he has been subjected to will not deter him from “speaking the truth” to power.

“They say it is sedition. To me, it is the truth, and as long as it is the truth, I will continue speaking it,” he said.

“You can lay 10 sedition charges against me. I will (continue to) speak the truth,” he added.

He also blasted Prime Minister Abdullah Ahmad Badawi, Attorney-General Abdul Gani Patail and Inspector-General of Police Musa Hassan for ‘needlessly’ detaining him overnight.

Uthayakumar also said although he was not physically assaulted during his overnight detention, the ordeal nevertheless amounted to ‘torture’.

“Just to punish me, the AG and the Badawi government put me inside (jail) and released me just about 5pm, before 24-hour deadline came up,” he said.

“Last night, they did not release me, but chose to ‘torture’ me by detaining me overnight,” he added.

Hand injury

His lawyer M Manoharan said that Uthayakumar’s release was due to the “fear” the authorities had of his supporters.

“They must have been frightened of the supporters (who had gathered at remand centre last night) that they released him,” he claimed.

According to Uthayakumar, he refused to answer any questions the police posed to him during interrogation regarding the statement he made about the arrests at Batu Caves.

“I told them, ‘You are the criminals. I cannot answer your questions full stop. I will give my statement in court and to the (yet to formed) IPCMC (Independent Police Complaints and Misconduct Commission),” he said to a cheering crowd.

Uthayakumar also said he had filed a police report against the police officer who arrested him yesterday at the Jalan Duta Court Complex.

Showing the ‘injury’ he sustained when he was handcuffed and pulled to the police van which brought him to the remand centre, he said the police’ initial plan to take him to the hospital for treatment had to be called off because of the sight of his supporters waiting for him on the road outside.

“They have a guilty conscience. They know what they’re doing is wrong (that) they’re so frightened of the people,” he said.

The crowd walked from the remand centre to a nearby temple for prayers before dispersing peacefully.

Car burnt: Bersih activist blames cops

Syed Jaymal Zahiid (Malaysiakini.com) | Dec 12, 07 4:27pm



Labour Resource Centre coordinator Abdul Razak Ismail was in the thick of action yesterday, as members of the Coalition for Clean and Fair Elections (Bersih) were stopped from entering Parliament House to submit a protest memorandum.

He had driven his green Proton Tiara to Parliament House with a key Bersih leader - PKR information head Tian Chua.


As they tried to move past a police roadblock near the building, they were stopped, dragged out of the car and arrested.

The next time Abdul Razak saw his car, the entire front part had been damaged by fire. He suspects that the police did this deliberately.

Police, however, told him that the vehicle had caught fire - due to a short-circuit in the battery - while being towed to the Kuala Lumpur contingent police headquarters in Jalan Hang Tuah.

“The reason is ridiculous. How would the battery short-circuit when the car cannot operate without ignition, and I was holding the car key,” he asked, when contacted.

“This is clearly (a form of) retaliation by the police because we did not cooperate. We gave them a hard time when they wanted to arrest us. And I think the police were even more infuriated when one of them got bitten by Tian.”

Both Abdul Razak and Tian have lodged separate police reports at the contingent police headquarters.

Cause being probed

When contacted, Sargeant Roslan Awang, the operational activities chief with the Tun HS Lee police station, said a report from the Fire and Rescue Services Department is pending.

Police will wait for the cause of the fire to be verified before investigating if there was any foul play involved, he added.

Outside Parliament House yesterday, 26 Bersih leaders and members were arrested but later released after having their particulars recorded.

All roads to the building were blocked, and a heavy police presence was mounted in and around Kuala Lumpur to prevent members from gathering in the vicinity of Parliament - action which was reinforced by a restraining order obtained from the KL Magistrate’s Court.

On Nov 10, Bersih had organised a mass rally in the city, drawing some 40,000 protesters despite prior police intervention. The coalition of 67 NGOs and five opposition parties was able to submit a memorandum for electoral reform to the King’s representative at the national palace.

Tuesday, December 11, 2007

Uthayakumar arrested, freed on bail, and rearrested

Soon Li Tsin (Malaysiakini.com)| Dec 11, 07 5:40pm

Hindu Rights Action Force (Hindraf) legal adviser P Uthayakumar was rearrested at the lobby of the Kuala Lumpur court house at Jalan Duta as soon as he had posted RM50,000 bail for a sedition charge which was filed against him earlier today.

Lawyer M Manoharan told Malaysiakini that Uthayakumar was being taken to the Cheras police contingent headquarters (IPK Cheras).

“The police officers said they were rearresting Uthayakumar under orders from the Inspector General of Police (Musa Hassan).

“It is most probably for another sedition charge,” he briefly said.

This morning the social activist was arrested and immediately charged with sedition at the Jalan Duta Sessions Court.

He was accused of publishing seditious material in a letter written between Nov 15 and Dec 8 and posted in the Police Watch website.

The letter, dated Nov 15, 2007, was from Hindraf and addressed to Prime Minister Gordon Brown of the United Kingdom at No. 10, Downing Street, London.

Held at Pudu

Later when contacted, Uthayakumar said that he was being detained at the Kuala Lumpur remand centre at the old Pudu jail.

“They told me that they want to take a statement from me. I was told that I would be brought to the Cheras IPK.

“However since I am here, I think I am about to be detained overnight to face fresh charge tomorrow,” he said.

He added that he was not told as to why he was arrested and but thinks he might face another sedition charge.

He also said he was unhappy with the “brute” manner the police used to arrest him, causing injury to his hand.

"I am asking them to allow me to lodge a police report against the manner they arrested me," he said, adding that he was mentally prepared to face "anything".

About 300 supporters have gathered ourside Pudu jail this evening and held a candlelight vigil. The police have not allowed lawyers to meet with Uthayakumar.

Sedition charge in Klang

This morning Uthayakumar was charged under Section 4(1)(c) of the Sedition Act 1948 which carries a maximum punishment of not exceeding RM5,000 or to imprisonment for a term not exceeding three years, or to both.

The jail term will increase to a maximum period of five years for a subsequent offence.

Uthayakumar claimed trial and Sessions Judge Sabariah Othman set bail at RM50,000 with one surety, which was immediately posted by a relative of Uthayakumar.

He also faces another sedition charge in Klang over a speech made during a Hindraf gathering in Batang Berjuntai on Nov 16.

Monday, December 10, 2007

Uthayakumar arrested this morning

Fauwaz Abdul Aziz (Malaysiakini.com)| Dec 11, 07 10:18am

Lawyer P Uthayakumar was arrested this morning in Bangsar and taken to the Jalan Duta Sessions Courts in Kuala Lumpur.

His fiancee S Indradevi who was with him during the arrest told Malaysiakini that Uthayakumar was not informed of the reason of his arrest.

She said two police cars stopped Uthayakumar’s car at about 9.20am opposite the Bangsar Shopping Complex and four plainclothes policemen rushed at him before grabbing him.

“They just told us that he was being taken to Jalan Duta. I was really scared. I am still trembling in fear from what happened this morning,” she said by telephone.

Lawyer M Manoharan said the arrest could be related to Uthayakumar’s role in the rally organised by Hindu Rights Action Force (Hindraf) on Nov 25.

“I believed he will be charged for illegal assembly. There could be more arrests coming later in the day,” he said when contacted.

At the same time, Manoharan is also not ruling out a charge under the Sedition Act for Uthayakumar, over a speech he had made in July at the Selangor Chinese Assembly Hall. This was Hindraf’s first public gathering.

Uthayakumar is Hindraf’s legal adviser. The rally - to highlight the marginalisation of the Indian Malaysian community - attracted about 30,000 people.

Last week, 31 of the protesters were charged with the attempted murder of a policeman. They were also charged with causing mischief. Sixteen of them were charged with illegal gathering as well.

Another round of arrests has been threatened by the police.

Uthayakumar and two other Hindraf leaders - P Waythamoorthy and V Ganabatirau - are currently out on bail on a sedition charge. Yesterday, the Shah Alam High Court ruled that the discharge order for the trio made two weeks ago was made in error.

All roads to Parliament blocked

Dec 11, 07 10:35am

By Malaysiakini.com

The police have closed all entries to Parliament since this morning, ostensibly to block members of polls reform group Bersih from submitting a [protest memorandum against a proposed constitutional amendment.

Federal Reserve Unit trucks and police personnel have also been positioned along Jalan Parliament, the main road leading to the Parliament from the city centre.

Roadblocks have been set up in various spots in and around Kuala Lumpur, causing massive traffic jams. Police personnel are stationed along main roads to monitor crowd movement.

Yesterday the police had obtained a court order to restrain Bersih and its supporters from gathering at Parliament today.

The order - the second of its kind following a similar order to ban the Nov 25 Hindraf rally - prohibited four named individuals and other Bersih supporters from attending or taking part in any gathering.

Those named are PAS leaders Dr Syed Azman Syed Ahmad Nawawi, Mohamad Sabu and Adenaan Saad and Malaysian Trade Union Congress chief Syed Shahir Syed Mohamud.

The order also stipulates that "other interested parties" are similarly prohibited from taking part.

Bersih, the Coalition for Clear and Fair Elections, wants the government to withdraw the Constitutional Amendment Bill scheduled to be tabled today which, if passed, will see the current Election Commission (EC) chairperson’s tenure being extended by a year, to the new age limit of 66.

Despite the court order, Bersih leaders have said that they would proceed their plan to hand over the memorandum.

Police have warned that anyone disobeying the court order will be arrested. In addition, they have also warned that Bersih has failed to obtain a police permit, making any gathering illegal.

Bersih memo: Six top opposition leaders, 12 others arrested

Dec 11

Six top opposition leaders were among 18 arrested this morning for trying to deliver a Bersih memorandum to Parliament on the extension of the Election Commission chief's retirement age.

Among those arrested were PKR information chief Tian Chua, party secretary-general Khalid Ibrahim, PAS treasurer Dr Hatta Ramli and party committee member Dr Lo'Lo' Ghazali, and Parti Socialist Malaysia pro-tem chairperson Dr Nasir Hashim and secretary-general S Arutchelvan.

According to eyewitnesses, the police surrounded Tian Chua’s vehicle and forcibly removed him before arresting him at about 10.40am. Another person in the car was also detained.

Chua had failed to stop at the roadblock and had insisted on moving forward before the police swooped in on him.

About 10 minutes later, Arutchelvan and another identified person were arrested for trying to break the police cordon. The PAS leaders were arrested shortly after.

At about noon, Khalid arrived in Jalan Parliament where he talked briefly to the press gathered just outside the Parliament gates.

"I don't think we will be able to submit a memorandum today. Our main piority now is to help those detained,' he told journalists.

A plainclothes police officer showed him the restraining court order which the Sentul police had obtained yesterday and ordered Khalid to leave.

Subsequently Khalid went to his car. While on his way there, Sentul district police chief ACP Ahmad Sofian Md Yassin instructed one of his men to arrest the PKR leader.

All those arrested have been sent to the Kuala Lumpur contingent police headquarters. Bersih activists said that those arrested include a teenager aged 13.

Rare restraining order

It is further learnt that the police have surrounded opposition party PAS headquarters in Jalan Raja Laut to stop people from leaving the building for Parliament.

According to a statement this morning by the party, five patrol cars and a Federal Reserve Unit have been positioned around the building.

The police also pasted a copy of the restraining order at the building to warn people not to participate in today's event.

The police have blocked all roads leading to Parliament to prevent members of polls reform group Bersih from submitting a protest memorandum against a proposed constitutional amendment.

Yesterday, they obtained a rare restraining court order - the second of its kind following one to ban the Nov 25 Hindraf rally - prohibiting four named individuals and other Bersih supporters from attending or taking part in the gathering.

The named persons are PAS leaders Dr Syed Azman Syed Ahmad Nawawi, Mohamad Sabu and Adenaan Saad and Malaysian Trade Union Congress chief Syed Shahir Syed Mohamud.

The order also stipulated that "other interested parties" are similarly prohibited from taking part in the gathering. It allows the police to 'arrest on sight' those found in the vicinity of Parliament House.

US tells M'sia to allow freedom of expression

AFP | Dec 11, 07 1:04pm

The United States called on Malaysia to allow freedom of expression and assembly as the government of Prime Minister Abdullah Ahmad Badawi widened its crackdown on dissent.

"We have repeatedly raised with Malaysian authorities our belief that citizens of any country should be allowed to peacefully assemble and express their views," State Department spokeswoman Nancy Beck told AFP yesterday.

"We also stated in our annual human rights report our belief that the Malaysian government places significant restrictions on the right to assemble peacefully," she said.

Police permits are required under Malaysia law for public assemblies, defined as a gathering of five or more persons, but the State Department's rights report says senior police officials and political leaders influenced decisions on granting or denying some permits.

It said "a more restrictive policy" was applied with government critics, opposition parties, and human rights activists.

Beck's remarks on Monday came after Kuala Lumpur widened a crackdown on dissent following two mass rallies last month, with three legal actions taken Monday that rights groups and opposition leaders condemned as anti-democratic.

Ahead of elections, dozens of Malaysian government critics have been rounded up and now face trial on counts including attempted murder and sedition.

Abdullah has threatened to invoke draconian internal security laws that allow detention without trial, citing past racial violence in the multicultural nation dominated by Muslim Malays as reason for restricting street protests.

"If the choice is between public safety and public freedom, I do not hesitate to say here that public safety will always win," he said in Kuala Lumpur on Monday.

Court actions

The United States often hails Malaysia as a moderate Muslim democracy but the image took a knock when a series of indiscriminate destruction of Hindu temples were highlighted by some groups recently.

A US Congress-appointed commission expressed concern last week at the destruction of the temples and other alleged discrimination faced by religious minorities in Malaysia, one of Southeast Asia's more developed economies.

The United States Commission on International Religious Freedom also urged the administration of President George W Bush to raise the matter with Kuala Lumpur and "insist that immediate measures be taken to protect sacred sites and prevent further destruction."

The government, which cracked down on two mass rallies last month, took three separate legal actions Monday that rights groups and opposition leaders condemned as anti-democratic.

Among them was a revival of sedition charges against three leaders of ethnic Indian rights group Hindraf, which organised a November anti-discrimination protest that drew 30,000 people. The court had earlier allowed them to walk free on the charges, which carry a penalty of three years in jail.

Lawyers and their supporters were also charged in connection with a human rights march that they mounted in Kuala Lumpur on Sunday which was broken up by police.

Another prominent lawyer, Edmund Bon, was also charged with obstructing a city official who tried to remove protest banners from Malaysia's Bar Council building.

Twelve opposition figures were rounded up over the weekend in connection with an electoral reform rally last month which drew nearly 30,000 people who police dispersed with tear gas and water cannons.

Umno comedy corner - we're not laughing

FCCM | Dec 10, 07 4:37pm

Why do Umno members keep stating that all Malaysian citizens are equal and that the Indian Malaysians have equal opportunities? Can’t they read or see what’s going on around them? Have they all been hypnotised into believing that racism does not exist in this apartheid-style country?

Former Barisan Nasional secretary-general Mohamed Rahmat has now come out to echo the familiar Umno mantra of denial. He said, “The Indians were brought into the country during the colonial era and were accorded citizenship following independence. So what more is needed? They have become citizens and enjoy the same as what the Malays get, so what else is not right?” He added, “They also get education opportunities, healthcare and employment like the rest. In Malaysia, whoever works hard can become rich."

Has he been sleeping for as long as our prime minister or has he gone senile? Is it enough to give a person citizenship? If so then why are the Malays who came from Indonesia accorded citizenship and given so much extra? Citizenship should be enough, right Mr Rahmat? That Indians enjoy the same things as the Malays - if this is not the most comical statement I’ve heard then maybe it is police chief Musa Hassan’s claims that the Hindraf movement is linked with terrorist groups.

Actually, the most comical comment may be Nazri saying, “Don’t worry, Zaki’s a ‘straight fellow’.” Were people saying that Zaki is gay? Nazri has so many comical statements that it is difficult to decide which is the most hilarious. He said, “I stand by the other two million Indians.” I am one of the “other two million Indians”, Mr Nazri and I certainly do not want a racist hypocrite like you standing beside me. Come to think of it, the funniest comment may be the one by Deputy Rural and Regional Development Minister Zainal Abidin Osman in saying that “Indians are better off than Malays.”

No, no, no, I think our prime minister leads this category when he said, “I am angry.” Mr Abdullah, the parents of the Indians who die regularly in your prisons are angry. The non-Malay children who miss out on educational opportunities, scholarships and jobs to the privileged Malays with lesser qualifications are angry. The small businessman who cannot get a licence or a contract unless more than half of his company is “given” to a Malay is angry. The shops that are regularly harassed by the authorities for not employing Malays are angry. The non-Malays who lose out on opportunities merely because of their race are angry. The list of apartheid-style governance by your administration, Mr Abdullah goes on and on and you tell us that you are angry? This is truly funny.

Anyway, it’s good to know that comedy is not the forte of only the Instant CafĂ© Theatre.

Attempted murder: Prosecutors cast net too wide

Richard Teo | Dec 10, 07 4:42pm

Malaysians, particularly Indians, must be appalled at the attorney-general’s charge against 31 Hindraf protestors for the dubious crime of attempted murder.

Surely the charge can only be valid if the perpetrator of the crime can be identified. If the crime was committed by a single individual, there is no justification to detain the 31 members. The prosecutor cannot expect the court to believe that the 31 perpetrators were responsible for throwing an object which specifically caused injury to the police officers. How could the prosecutors cast a net so wide and hope per chance that it may catch the culprit amongst the 31 protestors?

Obviously not all 31 of them were responsible for the injury caused to the officer. If the law punishes the 31 Hindraf members simply because one of them caused injury to an officer, will justice be served? Is our justice system be so vicious that 31 individuals must pay the price for a crime committed by one person? In essence, that is what the attorney-general is doing and in doing so, he has made a mockery of our judicial system.

In reality, what was the crime committed by the 31 protestors?

There were several protestors who suffered head injuries when the police fired tear gas canisters laterally at the crowd. Video clips filmed on that day confirmed that. By the same logic, the police officers who fired the tear gas canisters can also be charged with attempted murder. The video clips also showed some protestors flinging the canisters back at the police in retaliation thus causing injury to the police officer.

If such a scenario did occur, how could any one be charged with attempted murder? Throwing the canisters back in retaliation was merely a natural response to the police’s actions. Is it acceptable for the police to fire indiscriminately at the crowd, possibly causing them injury whilst it is against the law for victims to retaliate in a similar fashion?

Perhaps what is even more shocking is the judge’s refusal to grant bail for the 31 protestors. The 31 Hindraf members, whose guilt has not even been established, will now have to start serving time before the actual trial commences. Anyone familiar with our legal system will tell you that it will be years before they see justice in the court. The charges against the 31 protestors by the attorney-general is not only a travesty of justice but serves to confirm the lingering suspicions that the Attorney-General’s Chambers and the judiciary are beholden to the executive.

What a difference a sad event in someone's life makes

Isn't it amazing that George Carlin - comedian of the 70's and 80's - could write something so very eloquent...and so very appropriate.

A Message by George Carlin:

The paradox of our time in history is that we have taller buildings but shorter tempers, wider Freeways , but narrower viewpoints. We spend more, but have less, we buy more, but enjoy less. We have bigger houses and smaller families, more conveniences, but less time. We have more degrees but less sense, more knowledge, but less judgment, more experts, yet more problems, more medicine, but less wellness.

We drink too much, smoke too much, spend too recklessly, laugh too little, drive too fast, get too angry, stay up too late, get up too tired, read too little, watch TV too much, and pray too seldom.

We have multiplied our possessions, but reduced our values. We talk too much, love too seldom, and hate too often.

We've learned how to make a living, but not a life. We've added years to life not life to years. We've been all the way to the moon and back, but have trouble crossing the street to meet a new neighbor. We conquered outer space but not inner space. We've done larger things, but not better things.

We've cleaned up the air, but polluted the soul. We've conquered the atom, but not our prejudice. We write more, but learn less. We plan more, but accomplish less. We've learned to rush, but not to wait. We build more computers to hold more information, to produce more copies than ever, but we communicate less and less.

These are the times of fast foods and slow digestion, big men and small character, steep profits and shallow relationships. These are the days of two incomes but more divorce, fancier houses, but broken homes. These are days of quick trips, disposable diapers, throwaway morality, one night stands, overweight bodies, and pills that do everything from cheer, to quiet, to kill. It is a time when there is much in the showroom window and nothing in the stockroom. A time when technology can bring this letter to you, and a time when you can choose either to share this insight, or to just hit delete...

Remember:

- Spend some time with your loved ones, because they are not going to be around forever.

- Say a kind word to someone who looks up to you in awe, because that little person soon will grow up and leave your side.

- To give a warm hug to the one next to you, because that is the only treasure you can give with your heart and it doesn't cost a cent.

- To say, 'I love you' to your partner and your loved ones, but most of all mean it. A kiss and an embrace will mend hurt when it comes from deep inside of you.

- To hold hands and cherish the moment for someday that person will not be there again.

- Give time to love, give time to speak! And give time to share the precious thoughts in your mind.

AND ALWAYS REMEMBER:

- Life is not measured by the number of breaths we take, but by the moments that take our breath away.

~ George Carlin

Sunday, December 9, 2007

LTTE expert rubbishes Hindraf link to terror

An expert on the Liberation Tigers of Tamil Eelam (LTTE) has rubbished allegations that the Hindu Rights Action Force (Hindraf) has ‘terror links’ with the national liberation movement in Sri Lanka, as claimed by the Malaysian police chief.

P Ramasamy - who in 2003 served on the LTTE’s Constitutional Affairs Committee to draft proposals for an interim administration in Sri Lanka's northeast - said the claim shows that the government is sidestepping legitimate grievances of Indian Malaysians.

“Don’t bring terrorism into this, because there is no link. There is no LTTE involvement,” said the former professor at Universiti Kebangsaan Malaysian’s Centre for History, Political Science and Strategic Studies.

Ramasamy, now the DAP international secretary, was responding to claims by Inspector-General of Police Musa Hassan that Hindraf is soliciting support from terrorist groups.

Musa’s allegation, contained in a press statement issued yesterday, follows a similar claim by Attorney-General Abdul Gani Patail in court on Wednesday when he alleged that Hindraf had met with LTTE members.

Hindraf legal advisor P Uthayakumar - one of those behind the Nov 25 rally in Kuala Lumpur to protest against alleged discrimination and marginalisation of the Indian community - has dismissed the claims as false.

‘Where’s the evidence?’

Ramasamy said the government should own up to the problems faced by the Indian community instead of resorting to such smear campaign tactics.

“Look at the Indian problem and find a way to resolve it. That’s all. What does this have to do with the LTTE? Nothing,” he said when contacted today.

“By trying to link them with terrorism, they’re trying to demonise Hindraf. It’s a well known smear campaign to sidestep resolving a problem. It’s utter nonsense, and there’s no basis for it.”

He also challenged Musa to come up with evidence.

“There is no LTTE (support). LTTE itself needs support. What support can they give us? They themselves are appealing to the Tamil diaspora in Europe and US. We don’t need their support. This is a Malaysian problem,” he noted.

He said there is very little to link the Tamils in Malaysia, the majority of whom originate from south India, to issues in Sri Lanka.

Ramasamy describes himself as an ‘international peacemaker’, on the basis of having contributed to peace negotiations between liberation movements and governments in Indonesia, Philippines and Colombia. He is not the same P Ramasamy who is linked with Uthayakumar’s Parti Reformasi Insan Malaysia.

Wednesday, December 5, 2007

Bail denied for 31 Hindraf protesters


The Shah Alam Sessions Court today denied bail to 31 Hindu Rights Action Force (Hindraf) protesters charged with the attempted murder of a police officer during an illegal gathering at the Batu Caves temple in the early hours of Nov 25.

Judge Azimah Omar said she was denying bail for national security reasons and based on the severity of the charges, which also included causing mischief.
Twelve of the 31 are also charged with participating in the illegal assembly.
Azimah fixed Jan 14-18 to hear the matter. Those accused will remain in remand at the Sungai Buloh prison until the disposal of the case.
Yesterday, Attorney-General (AG) Abdul Gani Patail objected to bail on grounds that the offences of attempted murder and causing mischief are not bailable.
He also told the court that the accused were dangerous to public order.
In her judgement, Azimah stressed that she had carefully weighed the facts of the case and that her decision was not based on racial and religious considerations.

Review application soon



Lead defence counsel GK Ganesan said he was "unhappy" with Azimah’s decision and that a review would be sought soon at the high court.
Another defence lawyer P Uthayakumar told reporters later that the case had angered the Indian community.
"They are already being pushed to the wall. Now, they want to push us beyond the wall," said Uthayakumar, who is one of Hindraf’s key leaders.
He alleged that the case brought against the 31 was a political decision and that the AG had practiced selective prosecution.
He reiterated his stand that the AG had acted on the Hindraf rally and their supporters because the group was made up of Indians.
He said the AG did not act on other major rallies without police permits this year with a Malay-majority participation, such as the Bersih rally on Nov 10.
Uthayakumar also slammed Abdul Gani for linking Hindraf with a Sri Lankan separatist group during bail application proceedings yesterday.
"The AG is trying to divert the issue by linking us to a terrorist organisation," he added.

Families shocked



When the court decision was announced this morning, it was met with shock and surprise by family members, some of whom broke into tears. Two women fainted outside the courtroom.
The crowd jeered at passing policemen while some told members of the press to report the truth.
"Watch what you write. We’re not gangsters. Don’t tarnish our names," shouted one man to reporters. "We’re not part of Hindraf. Why are they doing this to us?" exclaimed another.
Earlier, as the court was fixing a hearing date, Uthayakumar lost his cool and accused the prosecution team of purposely choosing a later date.
He angrily accused the AG of being "scared." This prompted AG’s Chambers prosecution department chief Yusof Zainal Abiden to shoot back with "we’re not!" and a heated exchange ensued.
Once Azimah restored order, she warned Uthayakumar that she had been patient with him over the last three days of proceedings

Forum : Malaysia After the Hindraf Rally

Organised by the Civil Rights Committee of the KL Selangor Chinese Assembly Hall.

Details:

Date: 11th,December,2007

Time: 7.30 pm

Venue: Auditorium, 1st Floor, KLSCAH (Next to the Monorail Maharajalela station)

Language: English

Tentative Panelists:

P.Uthyakumar, legal adviser, HINDRAF
Dr. Kumar,Central Committee member,PSM
Representative from PAS
Haris Ibrahim, human rights lawyer; initiator, People’s Parliament project
Nathaniel Tan , Information Bureau , PKR (http://jelas.info/ )
Chair: Wong Chin Huat (vice chairman,CRC)

Tuesday, December 4, 2007

Police report against Rahim's fiery speech

Police report against Rahim's fiery speech
Dec 5, 07 2:01pm

An opposition youth leader from Malacca today lodged a police report against the state’s former chief minister Abdul Rahim Tamby Chik for allegedly inciting racial hatred against non-Malays. The state’s DAP youth leader Tey Kok Kiew based his report on an article which was published by Chinese daily China Press on Sunday which quoted Abdul Rahim as saying: “The Malays have never taken the street so do not force us to do so as we will draw our parang (machete) to defend the Ketuanan Melayu (Malay supremacy) in this country.” Abdul Rahim is said to have made the statement in his speech as the chairperson of the Malay Economic Body (Gabem) during a ceremony in Malacca last Saturday. In his police report lodged at the Melaka Tengah police station, Tey accused Abdul Rahim of attempting to use violence in order to defend the Malay supremacy by delivering the seditious speech. He added that Abdul Rahim was trying to influence the Malay public to act violently against non-Malays street protesters. He also said that Abdul Rahim was encouraging violence in his speech. Tey said the police must investigate and act against Abdul Rahim if he is found to have said the seditious remarks. Indians on streets Abdul Rahim’s speech is believed to have been made in light of the recent street protests in Kuala Lumpur. On Nov 25, about 30,000 Indian Malaysians brought the busy Jalan Ampang to a standstill for about six hours, as they attempted to march to the British High Commission to submit a petition claiming they have been marginalised since being brought to Malaya as indentured labourers. The police used tear gas and water cannon to disperse the crowd. Government leaders later attacked the rally - organised by the Hindu Rights Action Force - as being racially motivated. The organisers have also been accused as “liars and extremists” following their claims that the Indian community had suffered from government-endorsed “ethnic cleansing”.