HUMAN RIGHTS PARTY
NO.6, Jalan Abdullah, Off Jalan Bangsar, 59000 Kuala Lumpur, Malaysia
Tel: 03-2282 5241 Fax: 03-2282 5245 Website: www.humanrightspartymalaysia.com
Your Reference :
In Reply : HRP/NOV/09
Date : 13TH November 2009
Y.B Dato Seri Hishamuddin Hussein
Home Minister,
Aras 12 Block D 1,
Complex Kerajaan Fasa D,
Pusat Pentadbiran Kerajaan Persekutuan,
By Fax no : 03-8889 1720
62546 Putrajaya.
E-Mail: hishamuddin@moha.gov.my
Y.B,
Re: 1) Police “shoot to kill order”: appointment with Home Minister on
16/12/2009.
2) Family Suicide: UMNO Malay-sian police cause misery to three generations of Indians.
We refer to the above matter and to the police “shoot to kill order” of
five Malaysian Indians in Klang on 8/11/2009 including a 17 year old
juvenile and subsequently leading to the attempted suicide of one of
the victims sister Madam Seetha and her four children. (Note: All five
are still admitted at the Intensive Care Unit of the Klang Tengku
Ampuan Rahimah General Hospital). This Malay-sian police force
atrocities has caused grave mysery to three generations of this and
scores of other Indian families.
We regret to note that there is no reply forthcoming to our letter to
your goodself dated 9/11/200 on these police murders.
Our monitoring reveals that up to 1.3 persons are being shot dead by
the police in every week (Refer The Star 11/09/2009). For the year
2008 and 2009 we estimate that up to 90% of the Malaysian victims are
of the ethnic minority Malaysian Indian origin when their population
is merely about 8%. For once the Indians seem to have overwhelmingly
overshot their “quota” and that too by about 1, 100%. Bravo One Malay-
sian UMNO!
We hereby also officially accept the invitation by the Federal CID
Director that was broadcasted on NTV 7 news at 8.00 p.m on 11/11/2009
for individuals and NGOs’ critical of the police to follow them in
their next “shoot to kill” mission. We further seek permission for our
camera and video crew to also be present. Kindly confirm the same.
As a lawyer by training your goodself, you may appreciate the most
celebrated legal principle that “a man is presumed innocent until
proven guilty” vis a vis especially Article 5(1) of the Federal
Constitution which provides:-
(1) No person shall be deprived of his life or personal liberty save in
accordance with law.
And read with Section 15(3) of the Criminal Procedure Code which
provides: -
“Nothing in this section gives a right to cause the death of a person
who is not accused of an offence punishable with death or with
imprisonment for life”.
(Of course to get around this Section the police each time “plant”
guns, bullets and parangs next to the dead bodies which cannot speak
nor defend themselves ) Even a comment in Malaysiakini yesterday that
the “same guns are exhibited at every such shooting case” is well
worth your serious attention.
In the light of even the 82 Pakatan Rakyat (P.R) Members of Parliament
not even moving an Emergency Motion in Parliament on especially this
very serious matter, we hereby call for a Home Ministerial Statement
made in Parliament forthwith and in any event by the end of next week
that the unofficial “police shoot to kill policy” does not exist.
Kindly also explain this vis a vis the standard police explanation in
about 99% of the times of the police high handed “high drama” that a
group (of up to 90% of the times Malaysia Indians) looked suspicious-
they flee upon seeing the police - the police gave chase -the suspects
shot at the police first - the police “in self defence return fire” -
and killing all the suspects -and in rare occasions one of the
suspects(suspected police informer) makes the escape – but he is never
found - there is no history of even one policeman injured let alone
who had died in this “operasi” - zero independent witnesses - as the
police cordon off the area for the “operasi” - only in rare occasions
a “display” of shattered police car windscreens - even rarer no bullet
holes or marks on the police car – and the police get away scot free
with cold blooded murder of innocent mere suspects when they should be
protectors of the law.
We note that even in the 1980’s the police force had very much more
higher standards. They did not practice this “unofficial shoot to kill
order”.
In this era crime buster S. Kulasingam for example successfully
captured alive about the most wanted at and dangerous criminal ie
Botak Chin despite he himself (S. Kulasingam) having been shot at and
wounded by Botak Chin. Botak Chin was put on trial, sentenced to
death, exhausted all his appeals to the higherst courts, his clemency
pardon being turned down by the King and he was finally sent to the
gallows. (Refer NST 25/09/2005 at page 10) This is the due process of
the law. This is the rule of law!
This is Justice! And this the due administration of law and order!
But this police actions today seems to be upholding the law of the
jungle as if they are the dictator of some African Kingdom where might
is right and with total disregard for especially the poor defenseless
and underprivileged working class Indians.
We do not condone crime but the due process of the law must be complied
with. Only the courts and not the police force should be seen to be
meting out especially “death sentences by shooting”. The police cannot
and should not any longer be allowed to singularly assume the role of
Judge, Jury, Prosecutor, Enforcer and Executioner all in one go.
We are also concerned about the alarmingly high rise in the crime rate
over the last three years under the leadership of the present Inspector
General of Police Tan Sri Musa Hassan. We once again call for his and
the Criminal Investigations Director (CID) Director Dato Bakri Zinin’s
immediate sacking.
With regards to this matter we hereby seek a meeting with your
goodself as follows:-
Date: 16/11/2009 (Monday)
Time: 1.00 p.m
Venue: Parliament House lobby
Note: 1) Our Mr P. Uthayakumar, the victims’ family, Hindraf and HRP
supporters would be present.
Kindly confirm accordingly.
We regret to inform you that we have no new memorandums to hand over as
the facts seem to be the same but the police atrocities are getting
worse.
We would however be happy to hand over to your goodself our previous
memorandums and letters spanning over the last eleven (11) years which
is running into hundreds of pages.
Kindly revert to us accordingly.
Your faithfully,
_______________________
P.Uthayakumar
Secretary General (pro-tem).
Prime Minister of Malaysia
Block Utama Bangunan Perdana Putra,
Pusat Pentadbiran Kerajaan Persekutuan,
62502 Putrajaya.
Fax : 03-8888 3444
E-Mail : najib@pmo.gov.my
