Thursday, January 29, 2009

Memo to Msian Cabinet from Hindraf on Kugan's death

No. 135-3-A, Jalan Toman 7,
Kemayan Square,
70200 Seremban, Negeri Sembilan

28 JAN 2009

Prime Minister of Malaysia
Block Utama,
Bangunan Perdana Putra, Email:
Pusat Pentadbiran Kerajaan Persekutuan, Email:
62502 Putrajaya. Tel : 03 8888 8000

Y.A.B.Dato’Sri Haji Mohd.Najib bin Tun Haji Abdul Razak
Deputy Prime Minister
Deputy Chairman
National Implementation Action Body
Aras 4, Blok Barat, Bangunan Perdana Putra,
Pusat Pentadbiran Kerajaan Persekutuan
62502 PUTRAJAYA Fax: 88883983

Re: A. Kugan’s Murder in Police Custody

Cabinet Meeting on 4.1.09 is urged to:-
1. Forthwith Suspend and prosecute the Selangor C.P.O for police cover up of the murder
2. Prosecute Serdang G.H Pathologist and Director for covering up the murder
3. 11 police personnel should be in remand, not on desk duty
4. Prosecute the police criminals for murder under Section 302 of the Penal Code
5. Independent Coroners Department to investigate police crimes
6. Urgent implementation of the IPCMC

We refer to the above

The murder of A. Kugan (22) in police custody brings the spot light yet again to the years of police atrocities in this country. This is just the tip of the iceberg of the decades of police abuse of powers, police brutality, atrocities, murders and most alarmingly the police above the law mindset which they have acquired over the years as part of the Malaysian police culture. This is especially so where it concerns Indian youths which we have been persistently bringing to your good selves attention for over the last seventeen years or so but to no avail. But instead four of our lawyers have been arrested and detained indefinitely at Malaysia’s Guantanamo with effect from 13.12.08

Police Murder
The Tamil Nesan had on their front pages on 21.1.09 reported that A. Kugan who was arrested on 14.1.09 on mere suspicion of being a car thief had suddenly “dropped dead” in the midst of interrogation on 20.1.09. We believe Kugan was beaten up to death in attempt to force him to confess to a crime he had not committed. This is police murder.

Police Cover-up
In the following day’s Tamil Nesan report on 22.1.09, the Chief Police officer (CPO) of Selangor drops the usual police cover-up “bombshell” that Kugan had died of “liquid in his lungs” within six days of having been in police custody and despite the visible and obvious injuries on Kugan’s body, neck, wrist, face and legs. To add insult to injury the Serdang Hospital and especially the Pathologist aid and abets the Selangor CPO by certifying the cause of death as lung congestion which makes hardly any medical sense as Kugan was merely a 22 year old youth and was healthy which even a first year medical student would be able to tell us.

People Power Storms Mortuary
When Kugan’s brutal injuries was splashed on the internet and the media, this CPO in the usual police style tries to divert attention by alleging that the Serdang Hospital mortuary was stormed by a 50 member “mob” who allegedly tampered with Kugan’s body (Tamil Nesan front page 6 on 22.1.09). What the Selangor CPO describes as the “mob” was actually a manifestation of the people power forces upholding justice based on the hundreds of such previous recent cases after which they have lost faith in the Malaysian police and the government hospital axis that had colluded in massive police cover ups of such murders especially over the last seventeen years. Without this people power intervention and their recording of the brutal injuries on Kugan’s dead body the Selangor CPO in collaboration with the Serdang Hospital Director and Pathologist would have wiped out any evidence of police murder as the police and government hospital axis have been doing hand in glove for decades.

Police After Defenders of Justice
To add insult to injury, the CPO now wants to in turn divert attention away from the police murder and wants to investigate the people power forces who succeeded in securing the evidence of police murder.

One “Police Murder” a Day in Lock-ups
The Tamil Nesan editorial on 23.1.09 at page 3 reports the death in police custody figures as revealed in Parliament in 2008 at 1,535 from 2003 to 2007( four years). This works out to about eight deaths in lock-ups every day or at least one death in every day. From our monitoring of newspaper reports and the complaints we receive, about 90% of deaths in police custody cases like Kugan’s case are Indian youths. This in itself is evidence of the hundreds of Indian youths who are abused, beaten up and atrocities committed on them every day around the country and without recourse to justice. They suffer in silence. Why must these Indian youths have to die before they get some attention or some semblance of justice?

Boiling Hot Water Splashed on Police Detainee
Just over three weeks ago on the last day of 2008 while Malaysians were jubilantly enjoying their New Year eve yet another Indian youth, Prabakar was relating his nightmare in police custody of having been beaten up, attempted murder by trying to hang him and finally boiling hot water was splashed on him as part of the interrogation and in forcing him to confess to a crime that he did not commit. Thankfully unlike Kugan, Prabakaran lived to relate his ordeal and show his badly scalded body. Seven junior policemen were prosecuted for the token offence of causing injuries and immediately released on a mere bail of RM5, 000.00.
They were never arrested or remanded in this and thousands of previous such cases as would have been done to any other criminal and thus sending out the wrong signal that the UMNO controlled government gives them “immunity” and acknowledging the “police above the law” special privileges. A senior police ASP and the investigating Officer who was also implicated was let off the hook. Why weren’t these nine policemen prosecuted for attempted murder? After all 31 peaceful Hindraf assemblers cum worshippers on 25.11.07 at Malaysia’s holiest Hindu temple of Batu Caves had been prosecuted for the attempted murder of just one policeman who allegedly suffered from some “dubious” injuries to his head and received “out –patient treatment again at another pro-police government hospital. This is impossible offence known to even a first year law student but which was made possible in Malaysia with compliments of our very learned Attorney General. Worst still they were all denied bail until an appeal was filed at the High Court. Worst still in Kugan’s case the 11 suspected police personnel (murderers) have merely been assigned to desk duties and not arrested and under remand like any other murder suspects. Thus the administration of justice in Malaysia!

Cabinet to Uphold Equal Justice
In the circumstances we hereby call upon your good selves and the Malaysian Cabinet Meeting on the 4th of February 2009 to uphold equal justice and to:-
1. Forthwith arrest, remand and prosecute the criminal policemen for murder under Section 302 of the Penal Code with no bail offered like any other murder accused.
2. Forthwith suspend and allow the Attorney General to prosecute the C.P.O of Selangor for his heading the massive police cover up of the murder by his subordinates.
3. Allow the Attorney General top prosecute the Serdang Hospital Director and Pathologist for aiding and abetting in the police cover up of this murder.
4. The Cabinet directs the Secretary General of the Health Ministry to issue a circular to all government Hospital Directors, Medical officers, Pathologists, Specialists etc of the need to act strictly according to their hypo-crates oath, non compromising with the police, maintaining their independence, to report any attempts of police interference in their duties directly to Parliament, to act without fear or favour of especially the police force and in fact denying and refusing any contact with any police personnel either directly or indirectly. They are to at all time deal directly with the detainee, his next of kin and the patient directly. All examination of a police detainee or deceased must be done out of sight and hearing of the police but can be in the presence of the hospital security and the detainee being handcuffed where necessary.
5. An independent Coroners Department as in the USA and U.K system be set up under the Prime Minister’s Department (Public Complaints Bureau) to take charge of the body of the deceased in police custody cases within one hour of his being pronounced dead and the same in all police shooting dead of suspects cases. Special Coroner’s ambulances are prepared for this task with a post mortem to be conducted by a Pathologist from the Coroner’s Department and with the proper facilities, back up staff and unlimited funding.
6. Urgently implement the IPCMC as was proposed by the Police Royal Commission some four years ago. Kindly ignore the police objections and the excuse that the police force would be demoralized. It is more important to dispel the perception that Malaysia is a police state!

This aforesaid proposal would go a long way in restoring the public confidence in the police force, and administration of law and order and the administration of justice in Malaysia. Above all it would put a stop to the police being above the law mindset.
Our Struggle Continues

For also voicing out among others the aforesaid police atrocities over the last seventeen years, our four legal advisers and lawyers especially P. Uthayakumar had been arrested and detained on nine occasions and also prosecuted. Finally on the 13th arrested P. Uthayakumar was “put to sleep” indefinitely by being detained for two years and indefinitely thereafter at Malaysia’s very own Guantanamo Bay Prison under the draconian ISA.
From behind bars P.Uthayakumar feels vindicated and infact proud that his struggle is continuing at full steam with new and revitalized vigor despite his imprisonment.
UMNO can imprison P.Uthayakumar but UMNO cannot imprison People Power Makkal Sakthi

Kindly revert to us accordingly.
Thank you.

Yours Faithfully,

Waytha Moorthy Ponnusamy

B.Dato-’ Seri Mohamed Nazri Bin Abdul Aziz
Law Minister
Aras 4 Block Barat, Bangunan Perdana Putra
Pusat Pentabiran Kerajaan Persekutuan
62502 Putrajaya. Fax: 88894177

Y.B.Datuk Seri Anwar Ibrahim
Ketua Pembangkang Malaysia,
Parliament Malaysia , Bangunan Parlimen
Jalan Parlimen
50680 Kuala Lumpur

Ministers in the Prime Minister's Department:

Minister: Datuk Amirsham Aziz
Minister: Tan Sri Bernard Giluk Dompok
Minister: Datuk Ahmad Zahid Hamidi
Minister: Datuk Seri Nazri Abdul Aziz

Deputy Ministers Ministers in the Prime Minister's Department:
Deputy Minister: Mr Devamany Krishnasamy
Deputy Minister: Datuk Hassan Malek
Deputy Minister: Datuk Johari Baharum
Deputy Minister: Datuk Dr Mashitah Ibrahim

Ministry of Defence Kementerian Pertahanan
Deputy: Datuk Wira Abu Seman Yusop Jalan Padang Tembak,
50634 Kuala Lumpur
Tel: 03 2071 1333, Fax: 03 2691 7217

Ministry of Home Affairs & Internal Security
Kementerian Dalam Negeri
Minister: Datuk Seri Syed Hamid Syed Jaafar Albar
Deputy: Datuk Chor Chee Heung Deputy:
Senator Wan Ahmad Farid Wan Salleh Blok D1, Parcel D,
Pusat Pentadbiran Kerajaan Persekutuan,
62546 Putrajaya Tel: 03 8886 8000, Fax: 03 8889 1613
Y.Bhg.Tan Sri Abdul Gani Patail
Attorney General of Malaysia
Aras 1-8, Block C3, Parcel C Fax:88889369
Pusat Pentadbiran Kerajaan Persekutuan Email:
62512 Putrajaya

Y.B. Lim Kit Siang
Democratic Action Party
No 24 Jalan 20/9,
Paramount Garden Tel: 03 7957 8022
46300 Petaling Jaya Fax: 03 7957 5718

Y.B. Hadi Awang
PAS President
Parti Islam SeMalaysia
No 318A Jalan Raja Laut, Tel: 03 2692 5000
50350 Kuala Lumpur Fax: 0326938399

Parti Keadilan Rakyat (PKR) (People's Justice Party)
National Justice Party
17, Jalan 16/2,
Petaling Jaya
46350, Selangor, Tel: 03-7956 6444
Malaysia Fax: 03-7956 5444

Parti Sosialis Malaysia (Socialist Party of Malaysia)
Tel/Fax: 03-837 0766 E-mail:

Ketua Pengarah
Biro Pengaduan Awam
Jabatan Perdana Menteri
Aras 6, Blok B1
Pusat Pentadbiran Kerajaan Persekutuan Tel: 03 8888 7777
62502 Putrajaya Fax: 03 8888 3748/03 8888 7778

Tan Sri Abu Talib
Malaysian Human Rights Commission
Tingkat 29, Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur

Ambiga Sreenivasan
Bar Council Malaysia
No.13, 15 & 17, Leboh Pasar Besar
Kuala Lumpur Email:

H.E.William boyd Mccleary
High Commissioner of the United Kingdom to Malaysia
No.185, Jalan Ampang
50450 Kuala Lumpur Fax: +603-21702370

T. Kumar
Advocacy Director
Asia and Pacific Amnesty International USA
600 Pennsylvania Avenue, SE Tel: 202.544.0200 Ext.224
5th Floor, Washington DC 20003 Fax:202.546.7142