Saturday, December 25, 2010

Monday, December 20, 2010

HRP to Pakatan: Give us 15 parliamentary seats

Hindraf-Human Rights Party (HRP) has issued an ultimatum to Pakatan Rakyat to back out and allow the Indian-based party to take on BN in straight fights in 15 parliamentary seats and 38 state seats in the next general election.

hindraf book launch 191210 uthayakumar with booksIn a letter sent today to PKR de facto leader Anwar Ibrahim, DAP parliamentary leader Lim Kit Siang and PAS president Hadi Awang, HRP pro-tem secretary-general P Uthayakumar said that if Pakatan does not heed HRP's call, the opposition coalition will find itself in three-corner fights in the constituencies.

In return for giving way to HRP, pledging support and providing machinery assistance to HRP, Pakatan will get “unequivocal support and cooperation in all the other 207 parliamentary and 538 Pakatan state assembly constituencies” to win back the lot of ambivalent Indian voters.

“We have shown magnanimity in throwing our lot behind (Pakatan) in the 12th general election, now we ask you to return that favour.

“We hope Pakatan will not field candidates in these (constituencies) to become the spoiler and cause three-cornered fights against our common political enemy (Umno-BN),” he said in the letter.

Wanted: Ijok, Lembah Pantai, Padang Serai
Speaking at a press conference in HRP headquarters in Bangsar, Kuala Lumpur, Uthayakumar said that the seats chosen had significant proportions of Indian voters and include seats currently held by Pakatan Rakyat such as Padang Serai in Kedah, Ipoh Barat in Perak, Kota Raja in Selangor and Lembah Pantai in Kuala Lumpur.

ijok revisit 220807 school boyThey are also eyeing Sungei Siput, Perak, currently held by socialist party PSM central committee Dr D Jeyakumar.

He added that 15 loyal Hindraf activists have been short-listed as candidates.

“They have been tried and tested, have been part of Hindraf since day one, won't jump ship to another party and are as strong as PAS candidates,” he said.

When asked why HRP chose not to back Pakatan candidates in these chosen constituencies, Uthayakumar said that this is because the issues faced by the Indian poor in these areas have not made their way to Parliament under the present MPs.

“Yesterday, in his tweet to Anwar, (Padang Serai PKR parliamentarian) N Gobalakrishnan said that Indian poor in Ijok are sharing drinking water with ducks, even though water is under the jurisdiction of the Selangor Pakatan government,” he said.

'We'll join Pakatan if…'

However, HRP does not rule out the possibility of contesting under the Pakatan banner if they fail to register themselves as a political party with the Registrar of Societies by the next general election.

“We have given all the documents required by ROS on Nov 25, but whether we are registered or not we will contest…the worst case scenario is that we will contest as independents.

“MIC is given at least nine parliament seats and 20 state assembly seats on a silver platter. Why can't we be allocated some, too?” he asked.

hindraf book launch 191210 uthayakumar with letter to PKRWhen asked if this means that HRP is interested in joining Pakatan, party advisor N Ganesan (in photo, next to Uthayakumar) said this will only happen if the coalition is willing to incorporate into their mission HRP's goal of getting the working class into the mainstream.

“The ball is now in (Pakatan's) court. In a one-on-one (contest), we stand a better chance of beating BN than Pakatan (in these constituencies),” he said.

Parliamentary seats that HRP demands is:
1. Padang Serai (Incumbent: PKR - N Gobalakrishnan)
2. Batu Kawan (DAP - Ramasamy)
3. Sungei Siput (PSM - Dr D Jeyakumar)
4. Ipoh Barat (DAP - N Kulasegaran)
5. Bagan Datoh (BN - Ahmad Zahid Hamidi)
6. Cameron Highlands (BN - SK Devamany)
7. Hulu Selangor (BN - P Kamalanathan)
8. Kuala Selangor (PAS - Dzulkefy Ahmad)
9. Klang (DAP - Charles Santiago)
10. Kota Raja (PAS - Siti Mariah Mahmud)
11. Rasah (DAP - Anthony Loke)
12. Teluk Kemang (PKR - Kamarul Baharin Abbas )
13. Alor Gajah (BN - Fong Chan Onn)
14. Tebrau (BN - Teng Boon Soon)
15. Lembah Pantai (PKR - Nurul Izzah Anwar)
Book lauch tonight
Tonight, Uthayakumar is also due to launch the second book that he wrote during his 514 days of detention under the Internal Security Act.

HRP kamunting replicaEntitled 'Nov 25 Hindraf Rally 2007', the 400-page book is his personal account of the events leading up to the historic rally that saw some 30,000 people take to the streets protesting discrimination against ethnic Indians, and his experiences under the ISA.

HRP has since built a 'replica' of Uthayakumar's Kamunting cell at its headquarters as a memorial, including a dummy of the lawyer dressed in his prison uniform.

“This book tells you the story of Hindraf. We have printed 1,000 copies each in both (English and Tamil) and will print more depending on sales,” the author said.

Monday, December 13, 2010

Further slashing down on Malaysian Indian Doctors. Racist UMNO/BN orders five year stop on all medical courses locally and overseas.


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(The Star Headlines 12/12/10)

UMNO started on this racist and religious extremist and supremacist policies led by the Secretary General of the Health Ministry Dato Dr.Ismail Merican who in 2002 onwards derecognized the world renowned Crimea State Medical University (CSMU) etc simply because hundreds of Malaysian Indian students were studying there and elsewhere in Ukraine and Russia.

And today the final clamp down on the 12 local private medical schools and 50 overseas. But UMNO would never agree to a Common Exams for all local University and foreign medical students with foreign external examiners to produce the best doctors. Why not? The UMNO fear factor?

This is the very same methodology UMNO used to “ethnically cleanse” Kill, stop and hamper thousands of Malaysian Indian students from becoming lawyers through the racially motivated CLP exams. Why not all Malaysian students including from all local Universities sit for this CLP exams also with foreign external examiners.

A medical lecturer who declined to be named said that the criteria of the qualifying examination should be made known in advance so that students know what was required of them.

Highlighting the case of a top student from a Ukrainian university who failed the exam, the lecturer said that the different methods of training was an obstacle too big for some.“No matter how diligent and conscientious students are, the chances of them passing the exam seem next to impossible, he said. (The Star 12/12/10 at page E13).

Welcome to UMNO Prime Minister Najib Razak’s One Malay-sia and Anwar Ibrahim, Lim Kit Siang and Hadi Awang all not questioning this UMNO racism and religious extremism simply because almost all the victims are the Indian poor (wanting a better life for their children by even spending their lifelong savings, EPF, gratuity selling their houses and land and life savings.

HRP’s Project 15/38 is the only way forward.

Would you still vote for UMNO/BN?

Karunai Nithi @ Compassionate Justice


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Sunday, December 12, 2010

Ethnic dominance in the Malaysian civil service

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By Dr Lim Teck Ghee and Tan Sri Ramon Navaratnam

This was written as a commentary in response to an article by Datuk Shagul Hamid Abdullah, Director-General of Biro Tatanegara that recently appeared in a national daily.

Since the paper has declined to publish it, we are making the commentary available to other media outlets in the hope that it will be widely read and the subject of the racial composition of the Malaysian civil service is given the serious analysis and policy attention that it deserves.We consider this issue of paramount importance to our future as a united country.

The article ‘Emphasis on raising standards’ by Shagul in The Star (Jan 30, 2010) seems to be aimed at ensuring that the situation of Malay dominance in the civil service should remain unchanged and unchallenged.

The Director-General’s analysis fails to point out some very important reasons why a representative and multi-racial civil service should remain a key national priority, especially in the context of building 1Malaysia.

One crucial reason is that the second prong of the New Economic Policy (from 1970) – the reduction in the identification of economic function with ethnicity – was intended to apply to both the private and public sectors.This second prong has been deemed to be so vital to the cause of national unity that the restructuring of the private sector continues until today (nearly 20 years after the NEP was supposed to have ended in 1990).

What has happened to the restructuring of the civil service that was part of the original NEP?

Although great strides have taken place towards a more multiracial private sector, the reverse has happened in the civil service.

According to available statistics for the year 2005, the proportion of Malays in the civil service had grown from 60% to 77% from 1970 to 2005 whilst the Perkhidmatan Tadbir dan Diplomatik (PTD) had 85% Malays in its staffing, or six Malays for one every non-Malay.

The situation of Malay dominance of the civil service, especially for the higher level service groups, is likely to have been enhanced since.

It is not simply the issue of Chinese under-representation mentioned by the DG that is of concern. Representation of other communities and the East Malaysia native communities in the civil service at all levels is of as much concern.

Data absent

Official statistics such as racial and regional breakdown of civil service staffing by ministries, agencies and departments and categorized according to top management group, management and professional group and support group and other key variables can provide us a better understanding of the representational issue. From it we can draw related racial, regional and other ramifications and implications.

Though easy to collate, analyze and make publicly available, these data are conspicuously unavailable.

Many government leaders have acknowledged that we need more transparency in government to raise public confidence. Should these data and the relevant analysis be made publicly available, we are confident that they will agree with the concerns of many Malaysians that current Malay over-dominance of the civil service is unhealthy and undesirable and that it adversely affects national unity, social cohesion and economic competitiveness.

Another important reason why the civil service in Malaysia needs to be made fully representative of the country’s racial make-up is that in all modern governments, civil servants are fully engaged in formulating and implementing public policies on behalf of, and in the interests of, all the communities.

Democratic norms call for a representative, impartial and neutral bureaucracy, not only to ensure that public policies are responsive to the legitimate needs of all citizens in a fair and equitable fashion but also to ensure that there is an absence of racial bias in the individual or collective manner that the civil servants formulate policies and conduct their work.

In February 2006, a study titled “Towards a representative and world class civil service”was presented to the Government as part of the Centre for Public Policy Studies (CPPS) proposals for the Ninth Malaysia Plan.

The study contained a full set of arguments as to why the civil service needs to pursue an appropriate and racially diverse representation policy in its staffing.

It also provided practical suggestions on how this policy could be implemented in the form of a quota system in recruitment and career advancement. The quota system would be similar to the quota systems long used by the government in sectors such as education and commerce to bring about Malay advancement.

The civil service quota system – in this case specifically used as a temporary affirmative action tool to increase non-Malay numbers and reduce marginalization – could be formulated in such a way as to meet with the constitutional provisions providing for the special position of the Malays and bumiputera groups of Sabah and Sarawak.

This 60-40 recruitment system would be relatively easy and painless to implement.It would ensure Malay dominance but not over-dominance by helping bring a gradual increase in the number and proportion of non-Malay civil servants in the country.

Since that CPPS study aforementioned, the growing number of racial profiling allegations aimed at the police and various other ministries and agencies is a clear danger sign that changes in recruitment of new staffing and racial composition at the higher levels are urgently needed if these allegations are not to spiral out of control.

Sidelining non-Malays

The Director-General has emphasized that “there has never been any deliberate and conscious effort to discourage the non-Malays from entering and staying in public service”.

The veracity of this statement can be questioned.

If a full and open inquiry is held on the issue of whether or not bias exists in terms of recruitment and promotion in the civil service (and this includes staffing in the public universities and many strategic ministries and agencies), we are sure that many conflicting views – including those based on personal experience – are likely to dominate the proceedings.

Even if we accept as largely true the statement that there are no “deliberate and conscious” attempts to discourage non-Malay participation in the civil service, it does not absolve the government from its responsibility of ensuring a fully representative civil service – a national objective which it has long pledged to pursue but has cynically ignored instead.

In fact, if only a miniscule fraction of the public resources that has gone into the restructuring of the private sector had been allocated towards the restructuring of the civil service, we would have long ago achieved that goal and arrived at a higher stage of national unity, resilience and competitiveness.

Instead what we have had is a lot of rhetoric, foot dragging, attempts to ‘blame the other side’, and now another garbled attempt at explaining why the status quo in terms of the civil service composition has to remain the same.

That is why the contrasting statement by the Second Minister of Finance, Ahmad Husni Mohd Hanadzlah, that the civil service should be more multiracial is most welcome.

In order to fulfill this noble aspiration, we hope that Husni and his colleagues in the Barisan Nasional will support the introduction of a quota system reflective of the country’s racial composition and for the system to be introduced as soon as possible for all civil service recruitment and promotion.

It is important for the Government to change its mindset on the issue and not to view the issue of a representative civil service in zero-sum game terms.It is not simply the interests of the non-Malay communities presently under-represented that would be enhanced with more equitable representation. Malay interests would also benefit in many ways.

Implementation of reforms providing for the recruitment and career advancement of non-Malays in the civil service will help ensure that national unity and the goal of 1Malaysia will be more quickly realized.

Dr Lim Teck Ghee is Director, Center for Policy Initiatives and Tan Sri Ramon Navaratnam is former President, Transparency International Malaysia.

Saturday, December 11, 2010

Juvenile Mugelen (14) sent to jail for in accidentally touching another young Malay girl in swimming pool. Cannot afford RM1,700.00 bail, so put in UMNO jail.

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Juvenile Mugelen (14) sent to jail for in accidentally touching another young Malay girl in swimming pool. Cannot afford RM1,700.00 bail, so put in jail.

And cannot afford a lawyer so forced to plead guilty. This predicament happens to scores of thousands of the Indian poor, not necessarily because they are guilty but simply because they cannot afford the bail and have no money to pay lawyers. So they go to jail. UMNO/BN denies them the Legal Aid. And it is from prison that they may actually learn and become the real criminals.

“Rights not Mercy”

S.JAYATHAS

Information Chief
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Friday, December 10, 2010

Hindraf leaders sue gov't over unlawful arrest

(Malaysiakini) Lawyers and Hindu Rights Action Force (Hindraf) leaders P Uthayakumar and M Manoharan today filed suits against Prime Minister Najib Abdul Razak and five others over their arrest under the Internal Security Act in 2007 and detention for 514 days in Kamunting, Perak.

uthayakumar arrest 231107 draggedUthayakumar (wearing tie), who is also Human Rights Party leader and Manoharan, who is Kota Alam Shah assemblyperson, are each seeking RM100 million from six defendants for their unlawful detention.

The other defendants are former premier Abdullah Ahmad Badawi, Home Minister Hishammuddin Hussein, former inspector-general of police Musa Hassan, the commandant of the Kamunting detention camp where they had been detained, and the government.

The two lawyers filed the suit today to coincide with International Human Rights Day, which falls tomorrow.

They were arrested on Dec 13, 2007, after they organised the Hindraf rally in the heart of Kuala Lumpur to highlight the plight of the Indian community, which they say is being marginalised by the government.

It was during his detention that Manoharan won the March 8, 2008, general election and according to the lawyer, this proves he was no threat to national security as alleged. As a result of this, he had to take his oath of office while in detention in Kamunting, near Taiping.

The government had publicly alleged that Hindraf leaders were linked to the Liberation Tigers of Tamil Elam (LTTE) in Sri Lanka, accusations they had strongly denied.

hindraf btn 151209 manoharanThe Hindraf group claimed that they were merely fighting for the human rights of Malaysians, particularly the Indian community, which faced persecution, threats, isolation and discrimination from Umno and BN-led government.

As a consequence of the defendants' action in detaining them, Uthayakumar and Manoharan (right) said, they had to bear pain, losses and damages, for which they were seeking general, exemplary and aggravated damages.

Uthayakumar claimed that as a result of his detention, he had to close his law firm in Mutiara Bangsar, as his practice suffered a 95 percent drop.

Following this, both of them sought RM100 million in general damages each, special damages to be assessed by the court, interests and costs of the action.

Uthaykumar denied medical treatment


Uthayakumar also claimed that he was denied his diabetes medication while in detention, and he had to be warded at the Taiping Hospital instead of being taken to the National Heart Institute to enable him to undergo a heart examination.

The lawyer also claimed that his left leg suffered a fracture, as a result of walking in the detention camp, which he said was improperly maintained.

A total of 80 police reports were also filed against the government during this time, but despite this, Uthayakumar said, he continued to be persecuted.

He and Manoharan claimed that 2.5 million people from the Indian community had sought, and even held campaigns, for their release, but the plaintiffs continued to be detained without trial.

Uthayakumar said as a lawyer, he has had many clients who complained of being discriminated, but the draconian Internal Security Act (ISA) was the penultimate in discriminating the civil rights of the people in the country, resulting in unlawful detention of the citizens.

He maintained that the claims he had made about ethnic cleansing were correct as the Indian community was forced to move out when Putrajaya and Bukit Jalil were developed.

Manoharan: Najib delayed release


Manoharan said Najib was personally named because as prime minister, he had delayed their release. The two were released from the Kamunting detention camp in May last year.

NONEThe Kota Alam Shah assemblyperson said this was the first suit where Najib (left) was personally named.

Manoharan said despite being released in May, an order not to move out of the Travers area had been slapped on Uthayakumar, while he had been ordered not to move out of Klang.

The order against Uthayakumar was lifted in July this year, while that against Manoharan was lifted in September.

Manoharan said since Najib became prime minister, he had pledged to review the controversial ISA law, but nothing had been done so far.

“It is certainly a cruel legislation that should be removed and in light of International Human Rights Day (Dec 10), we are again calling for the repeal of this law,” he added.

Yayasan Selangor wants more applications from non Malays

Senator Dr. Ramakrishnan

Yayasan Selangor under the stewardship of UMNO since 1970 was turned into a Malay domain. It is state financed and set up to help improve the educational performance of all poor Selangor born or Selangor residing Malaysians. Its residential schools, loan receivers and scholarship benefiters are 99% Malays.


See the table below to ask what MIC, MCA, GERAKAN and PPP were doing all this while? The table below shows the number of student taken loan from Yayasan Selangor from the year 2000 to 2010. 





















































2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010

KAUM

MELAYU
198
279
374
353
341
468
193
234
320
502
483

CINA
6
1
5
7
3
3
3
3
2

INDIA
14
6
9
4
11
20
8
1
4
2
20

BIL. BERJAYA
218
286
388
364
355
491
204
238
324
504
505

BIL. PERMOHONAN

620
547
627
446
957
511
360
604
1001
1096

























   
Yayasan wants more applications from non Malay students. Loans are given to Selangor residing students studying in local public institutions. More information can be obtained from www.yayasanselangor.org.my. Students who maintain consistently high CGPAs, their loans will be converted to scholarships.
Besides Yayasan Selangor also provide residential schools for Selangor residing students. Students who score a minimum 4 A and 1 B in UPSR are eligible to apply. Below are the numbers of students residing in their hostels all over Selangor! More information can be obtained from the above mentioned website.    
 STATISTIK PERMOHONAN BERJAYA MENGIKUT PECAHAN KAUM

TAHUN 2007 - 2011













PERKARA
TAHUN
2007
2008
2009
2010
2011
JUMLAH PERMOHONAN
1169
1559
1573
1129
1220
BUMIPUTERA
498
535
535
543
KIV
KAUM LAIN
2
10
7
2
KIV
PERMOHONAN BERJAYA
500
545
542
545
KIV
PERMOHONAN TIDAK BERJAYA

669
1014
1031
584
KIV









A meeting was held recently to make the hostel accommodation more conducive for non Malays students to stay. The management has agreed and I call upon all parties concern to make these transformation successful. The presence of more non Malay students will enrich both the Malay and non Malay students. If the prime minister is really serious about 1Malaysia all hostels all over Malaysia must be made multiracial and multi religious. Mr Prime Minister, the test of your 1Malaysia is in its implementation and not in political rhetoric in front of UMNO.  

Thursday, December 9, 2010

Hindraf duo to file suit against Najib

Two lawyers and Hindu Rights Action Force (Hindraf) leaders, P Uthayakumar (below, right) and M Manoharan, are scheduled to file a RM200 million suit against Prime Minister Najib Abdul Razak tomorrow over their allegedly unlawful detention under the draconian Internal Security Act law for 514 days.

hindraf btn 151209 manoharan uthayakumarThey will also name former prime minister Abdullah Ahmad Badawi, Home Minister Hishammuddin Hussein and former inspector-general of police Musa Hassan and the government as the other defendants.

Manoharan(above, left) told Malaysiakini that they decided to cite Abdullah as a defendant as it was during the former premier's tenure that they were detained, while it was during Hishammuddin's tenure that they were finally released.

They also named Musa as he was the IGP who may have ordered their detention.

They claimed that their detention which began on Dec 13, 2007 was unlawful, where they had been kept for 514 days.

According to them, this was the first suit filed against Najib in his personal capacity as it was during his premiership that he had earlier decided to release some ISA detainees, and later released three Hindraf detainees including the two in May 2009.

The two, who are seeking RM100 million each, are scheduled to file the suit tomorrow at the Kuala Lumpur High Court civil registry.

Rulers’ Conference needs to also protect minority’s rights

It seems that the Rulers' Conference fail to comprehend that as rulers they are also duty bound to the second limb of Article 153 of the Federal constitution as the minority’s interests also need to be safeguarded in the current polarized state of affairs between the Muslims and the non-Muslims.

By R.Shan (Human Being)

Bearing the escalation of conversion rows (latest involving Yi Min in Penang), including 'body-snatching' cases where Islamic authorities have battled with relatives over the remains of the alive and dead when religion is disputed encouraged the cabinet to table proposed amendments to the Law Reform (Marriage and Divorce) Act 1976, Administration of Islamic Law (Federal Territories) Act 1993 and Islamic Family Law (Federal Territories) Act 1984.

Initially when the Rulers’ conference was approached in June 29, 2009, it was decided by them that matter of the conversion and religion must be referred to the state religious authorities before proceeding with it.

The proposed changes would involve procedures on the dissolution of marriage, right to custody of children when coversion happens after marriage, maintenance of children and wife, and division of matrimonial assets.

Now the current reluctance by the Rulers' Conference to consent to the proposed amendments although the proposals are only reflective of a person’s rights prior to becoming a Muslim. It seems that the Rulers' Conference fail to comprehend that as rulers they are also duty bound to the second limb of Article 153 of the Federal constitution as the minority’s interests also need to be safeguarded in the current polarized state of affairs between the Muslims and the non-Muslims.

In no instance do these proposals diminish the rights of either a Muslim or their obligations but rather to ensure the minority rights are not neglected in contrary to Federal constitution on unreasonability and installation of fear through religion as we have seen at a rampant stage in Malaysia of late.

As Rulers, they have the natural duty to safeguard and protect the Islamic faith, but not in a retrospective manner prior to them embracing the Islam faith or how it is forced upon without their natural consent.

The consensus requested by way of these bills will no doubt weather the storm of the currently strained race relations in Malaysia and enhance the position of the Rulers that they are indeed concerned with the second limb of Article 153.

As for the UMNO & PAKATAN state governments, it is obvious that they are trying to do a balancing act to ensure their vote counts in their typical political manner whereas the public continues to suffer in silence. By pushing the buck to the Rulers, it does nothing but undermine the faith of the people on how ineffective they have become when the public’s interest is at stake when the constitution is crystal clear that minorities are to be protected to ensure their own freedom of practice.

This indeed would be a clear indication that the Rulers’ Conference is equally concerned to ensure justice, reasonableness and fair play is afforded in their role as the rulers for each and every Malaysian besides only serving what is politically expedient.

Lawyers sue cops for 'unlawful' arrest

By FMT Staff

KUALA LUMPUR: Six lawyers, one of whom is a member of Parliament, filed a civil suit at the high court here this morning over their “unlawful” arrest and detention three years ago.

The lawyers, Subang MP R Sivarasa, N Surendran, Latheefa Koya, Eric Paulsen, Amer Hamzah and Johny Andu were arrested during the Human Rights Day walk on Dec 9, 2007.

They named former Dang Wangi district police chief Che Hamzah Che Ismail as the first defendant.

According to a statement by Laywers for Liberty, Hamzah had acted as the “ground commander” for the operation even though he had given permission for the participants to walk.

Also named as co-defendants were the inspector-general of police, the Home Ministry and the government.

“The unlawful arrest and detention led to them being detained overnight in the police lock-up and charged the next day on exaggerated, malicious and frivolous charges under Section 143 and 145 of the Penal Code (unlawful assembly with the intention to cause public nuisance) and alternatively under Section 27 of the Police Act (unlawful assembly).

“During the charge, Attorney-General Abdul Gani Patail had outrageously and in bad faith tried to object to the bail application on the ground that since the accused persons had not adhered to the police warning not to assemble and walk, they posed a threat to national security,” read the statement.

However, bail was granted to the lawyers on a “personal bond” of RM2,000 without surety.

“On April 16, 2009, at the end of the prosecution’s case, the judge bravely discharged and acquitted the accused persons of all charges,” said Lawyers for Liberty.

In addition to the “unlawful arrest and detention”, the six also claimed to be victims of “malicious prosecution” as the facts and circumstances of the case do not support such charges at all, and that the police had “falsely and maliciously” implicated them.

As a result of these acts, the lawyers were among other things claiming for a declaration that their constitutional rights had been violated and that the police acted wrongfully and unlawfully.

They were also claiming exemplary and aggravated damages.

Wednesday, December 8, 2010

Police Murder Mahalingam (35) in Nibong Tebal lockup. But Indian detainees charged for murder & sent to Simpang Renggam/EO to cover up police murder. (See Makkal Osai 7/12/10 page 7)

1161193_370 WHO’S WHO:

1) Mahalingam (Murdered)

Age: 35

From Pokok Asam Taiping

Case: Caught for “Samun”.

2) Veeran a/l Veeraiyah (Suspect of murdering Mahalingam)

Age: 28

From Simpang Empat

Case: Caught for fighting with working college.

3) Sivagami a/p Veeraiyah

Age: 31

From Simpang Ampat

Sister of Veeran a/l Veeraiyah

PLACE OF INCIDENT

Balai Polis Nibong Tebal

CHRONOLOGY OF EVENT

DATE TIME EVENT

22/11/2010 1300 Veeran a/l Veeraiyah was taken to Nibong Tebal police station by his sister

Sivagami a/p Veeraiyah upon request by one Insp. Helmi from Nibong Tebal police station regarding investigation on a police report lodged by a lady. The report was related to a fight at his working place. Insp. Helmi is the Investigation Officer for this case. At the police station Veeran a/l Veeraiyah was arrested by Insp. Helmi

23/11/2010 1000 Veeran a/l Veeraiyah along with few others was brought to Court for

remand. Among them was Mahalingam. Mahalingam was caught

together with another person. His identity not known.

27/11/2010 1000 Sivagami went to Nibong Tebal police station to enquire about her brother’s

case from Insp. Helmi. There she saw the victim Mahalingam being taken by ambulance from the Nibong Tebal police station to Sungai Bakap hospital.

27/11/2010 2330 Insp. Helmi called Sivagami a/p Veeraiyah to come to Nibong Tebal

Police station on 28/11/2010 morning to bail out Veera a/l Veeraiyah

28/11/2010 0830 Sivagami went to Nibong Tebal police station to meet up with Insp. Helmi

on her brother’s release. There she was informed by Insp. Helmi that Veeran

a/l Veeraiyah will be detained further for a murder case of a cell

mate that is Mahalingam.

Mahalingam body was cremated on 4/12/2010 @ 3.00 pm at Taiping. The information was revealed by his friends from Butterworth.

Sivagami a/p Veeraiyah remember that her brother Veeran a/l Veeraiyah telling her about the police beating up Mahalingam in the lock-up and bashing his head against the well. There were blood stain on the lock-up wall and later the police clean up the stain.

ASP Govind is in charge of the murder case. He informed Sivagami a/p Veeraiyah that he has the CCTV recording of the incident and will be sending to Penang IPK for further action. It was also informed that the police is preparing a 60 day remand on Veeran a/l Veeraiyah.

Sivagami a/p Veeraiyah will be lodging a police report tomorrow on the incident and the police cover up on the incident and victimizing her brother as a scape goat for the murder which he did not commit.

This is the report at the moment and will update further upon any development.

Rights not Mercy

K.Maran

HRP Penang State

Information Chief
k.MARANimage

2 year old Tinash Mahendran forced to convert to Islam against both hindu parents wishes by UMNOs’ NRD department. Happy Maal Hijrah.

tinash Yesterday 06/12/2010, HRP Central Executive Committee Member S. Thiagarajan led the victims of forced conversation Ranjina a/p Krishan to collect her son Tinash a/l Mahendran’s birth certificate which denied the hindu fathers name to be included in his birth certificate upon birth by the UMNO National Registration Department NRD simply because Rajina who has lived all her life as a hindu but her father carries a muslim name.

Rajina’s two-year-old son Tinesh has been denied his proper birth certificate, As the NRD office in Johor had at the birth of her son refused to include the name of his natural father Mahendran a/l Habimanan and his religion as Hindu in his birth certificate.

HRP had accompanied the family with another seven (7) forced conversation to Islam victims to apply for their birth rights on 22/09/2010.But the racist UMNO NRD Director of Birth Deaths and Adoptions Mohd Azmin Hassan had on 13/08/2010 in the presence of his ten various heads of departments,legal officers promised to approve all such cases

This application was submitted by the family but the UMNO NRD top Director abused his powers and violated Section 6 of the Registration of Births and Deaths (Special Provisions) Act 1975 which provides“A registrar (of births) shall record such particulars as may be prescribed in a report book in the prescribed form concerning any birth or death given to him by any person qualified to do so.This NRD Director’s job is only to register and not to determine the religion of the baby against his parents wish .Article 11 of the Federal Constitution provides “Every person has the rights to profess and practice his religion “and the religion of a child below the age of 18,his or her religion shall be determined by his or her parents/guardians

The NRD Director’s job is only to record the birth of the child.Instead he determines the religion of the child which is not his job and makes miserable Rajina and Mahendran’s peaceful lives by implementing UMNOs’ racist and religious extremist policies.

HRP encountered resistance from the officer in charge who handled the application who after perusal of the documents, rejected the applications on the grounds that these three cases should be brought to the Syariah Court for the change of name and religion to Hindu.Why must a practising Hindu be forced to go to a syariah court?Where they will never get Justice anyway!The NRD officer said that only after obtaining the Syariah Court order, only then can they apply for changes in their identity cards and birth certificates at the NRD.

The NRD is meant to be an independent government authority. But from what we experience, the NRD officers are actually abusing their powers and purposely denying the rights of the child and violating the Federal Constitution by making things so difficult and pushing the buck back to the victim to appealed to the Muslim authorities (Syariah Court,Jakim,etc)before proceeding with the application. This is not the duty of the NRD.It is up to the Islamic authorities if they want to initiate any action.

Upon questioning by Thiagarajan to the officer Syukri bin Abdul Rahman(counter 8). explained that any marriage relating Muslim and other religion, than the marriage is determined by the Mufti.And he did say that in this Regina’s case the NRD will always follow the status based on the mother ‘s religion because the the child’s religion is based on the mother.

Thiagarajan then asked another question where he switched the scenario ie where if the father is a muslim and the mother is hindu than who will the NRD follow to determine the child’s religion.The officer was speechless and immediately replied that he is just following the instructions (of UMNO Prime Minister Najib Razak)as per the script given.He applied the supremacy and racist agenda by UMNO and for further details, he requested HRP to appeal to the higher authorities.

We left the NRD office without accepting the birth certificate under protest as it has Islam as the status and disappointed with the cruelty by the UMNO NRD who even forced the 2 year old baby to forcefully convert into Islam.

Happy Maal Hijrah

06122010683
06122010684

Top 10 facts from the PDRM fatal shootings statistics (2000 – 2009)

By Lawyers for Liberty

1. Lowest number of deaths: 5 (2001);

2. Second lowest number of deaths: 9 (2000);

3. Highest number of deaths: 88 (2009);

4. Second highest number of deaths: 82 (2008);
5. Total number of deaths from 2000 to 2009: 279 victims;

6. The increase from the lowest number of deaths at 5 (2001) to 88 (2009) is 17-fold;

7. Fatality percentages/numbers according to race/nationality: Indonesians: 40.5% (113 deaths); Indians: 21.8% (61 deaths); Chinese: 18.6% (52 deaths); and Malays: 15% (42 deaths);

8. So Uthayakumar was right to say that Indians are disproportionate victims of fatal police shootings;

9. The number of deaths without proper identification: 80 victims;
10. A Liberian UNHCR registered refugee/ asylum seeker was killed in 2008, and classified under “Negro”!

Tuesday, December 7, 2010

BN Convention PM Najib Razak says equal partners in serving the Malay muslims in Malay-sia.

http://www.humanrightspartymalaysia.com/wp-content/uploads/2010/12/urlbn.jpg 
By saying Oray Malaysia (One Malay-sia) BN Convention yesterday, the Indians are not going to be fooled. You may fool some of the people all the time. As for the Indians no more though after the 25th November 2007 Hindraf Rally.

Why a BN Convention only after nine (9) years desperate to win back 90% of the Indians votes that moved to the Opposition?

As for HRP and Hindraf we are committed to see to the end of the 53 year without a break in the chain rule of UMNO/BN that has brought down especially the Indian poor to this level of misery, mired in poverty and having to beg for even the basic necessities like BC, IC, Tamil school land, equal job, business and licence opportunities.

Just this morning I had bumped into a supporter from Klang on my way into the office. He is looking for a place to relocate his hair dressing shop and now stays at the PPR flats in Bangsar. When I asked him why he did not try renting the shop lots at the basement of his said PPR flats to serve the 1,000 over residents in the flats, he said he had tried but was told that it is only for the Malay muslims. This is just the tip of the iceberg of the ground realty on a day to day basis and from womb to tomb for especially the Indian poor in Malay-sia.

UMNO/BN has to go! UMNO/BN has over stayed their welcome! We want PR to take over Putrajaya. We support Anwar Ibrahim as the next Prime Minister of Malaysia. But we are not prepared to give him a blank cheque. We want to be PR’s check and balance in Putrajaya.

We cannot and will never accept PKR, DAP and PAS’s role for us as the showcase and showpiece a la MIC Indian mandores. (This is why PKR, DAP and PAS say we are difficult).

We will only come on board when PKR, DAP and PAS are sincere in seriously resolving Hindraf’s 18 point demands.

Until then HRP’s Project 15/38 is on the forthcoming March 2011 general elections.

Rights not Mercy.

P. Uthayakumar
bn

Ketuanan Melayu Types are Worse than OKUs

By batsman

Recently our great PM himself officiated an event on OKUs where some overdue political correctness was practiced. The definition for OKU was changed from Orang Kurang Upaya to Orang Kelainan Upaya.

This is because the OKUs themselves resent the old definition. They do not seek handouts or sympathy. They do not seek charity even if they desperately need it. Little goodie bags that VIPs are fond of giving out to them as public relations exercises on festive occasions are a real insult and a real disappointment to them.

OKUs want to be self-reliant and want to be productive and want to contribute to national development. They want most of all to have some self-esteem and not be looked down upon as imperfect creatures that God has somehow forgotten. This is more than can be said for Ketuanan Melayu types.

But I do not believe that God has forgotten the OKUs. It is man’s fault that they are being sidelined and looked upon with disdain, considered imperfect and considered parasites on society. It is man that disappoints God by forgetting his humanity and compassion and putting up road blocks and discrimination against the OKUs.

Ketuanan Melayu types on the other hand do not suffer from any physical disabilities although some might question whether they have mental disabilities. Ketuanan Melayu types call others political prostitutes and use state power to bully selected individuals. Ketuanan Melayu types recommend to the government to use the ISA on selected individuals who dare to challenge and criticize them. This is because they themselves know that there is no fault in criticizing the evil that is Ketuanan Melayu and therefore they need to use oppressive state power and unjust laws to silence any criticism against them. Ketuanan Melayu types threaten May 13 against anyone who dare challenge them.

Ketuanan Melayu types are also voracious and greedy. They demand 30% (often even more) from other people’s property without even having to work for it. This is worse than riba. This is daylight gangsterism. This is sinful and wrong. Am I wrong to say that they are worse than OKUs who wish only to have some self dignity and self-reliance and not be a burden on the rest of society? All OKUs ask is not to be discriminated against and for some facilities to allow them to rejoin the rest of society as equal partners in development. On the other hand Ketuanan Melayu types ask the government to support and feed them on a luxury scale, nay, make them millionaires with monopolies and fat contracts backed up by the power of bad laws.

So Mr. PM. I need to ask you whether your NEM is going to give the OKUs a well deserved break as well as put the Ketuanan Melayu types to competitive and productive work? Will your SRIs remove bad laws and the massive Ketuanan Melayu toll collecting, rent demanding, property depriving, water stealing roadblocks than turn your accelerated fast driving highways into rivers of death and decay?

Already more than 50% of Malays do not accept Ketuanan Melayu anymore. This is shown by their support for the PR. But although Ketuanan Melayu Malays are now a minority, they still represent a huge number of people. I daresay most of them are probably government employees and public servants and their families and most of them are probably employed in the PM’s department as well as RTM TV1.

Are your SRIs going to change all of this and make sure the accelerated traffic flow along your super highways are not blocked by this massive drain on productivity which relies in handouts and subsidies?

OK so you are slowly removing subsidies. Does this mean you are acknowledging that Ketuanan Melayu is a burden on development in Malaysia? But the subsidies are removed from ALL the rakyat not just the Ketuanan Melayu types. Is this fair if subsidies are removed from ALL the rakayat but handouts are still retained for the Ketuanan Melayu types? Will the rakyat forgive you for this unfairness in the 13th GE?

OK so RPK claims that Indians and Chinese support Ketuanan Melayu. But his claim is based upon a statement made by the PPP – a component of the BN and which was sitting happily in your BN congress hearing your great speeches that your wife also greatly appreciates and fawns on you as a great leader who is able to make great speeches.

So it may be that only a few Indians and Chinese support Ketuanan Melayu. I daresay these are the sharks and cut-throats waiting to pounce on any goodies and steal anything not nailed down from their own communities and Malays as well. These are the same cut-throats you warn Malays against and you say Malays cannot compete against. Yet they are sitting in the same BN congress as you as well as their friends the Ketuanan Melayu types. What is going on?

Aisehman Mr. PM is your NEM building super highways or rivers of death and decay?

Shot dead by cops: Nameless no more

(Malaysiakini) It has long been known that of those shot dead by police, ethnic Indians made up a disproportionate number of the fatalities. Based on the recently released statistics by the police, that is true.

rights groups on shooting deaths 041210 posingBut for the first time, details such as the age, ethnicity and nationality of almost all 279 people - citizens as well as foreign nationals - who have been killed by the police from 2000 to 2009 were today revealed by human rights groups.

Malaysiakini has earlier reported that since 2001, there had been a 17-fold surge in fatal police shootings up to 2009, when as many as 88 persons were killed by police as compared to five in 2001.

Aazlanccording to statistics provided by police at the sedition trial of Hindraf chief P Uthayakumar earlier this week, there were a shocking 82 cases of fatal police shootings in 2008, followed by 88 such incidences in 2009.

Revealing the statistics today were Lawyers For Liberty (LFL), Suaram and opposition political party PKR, who pointed out that of the 279 persons shot dead, 21.8 percent (61 deaths) were ethnic Indians.

Malays and Chinese, on the other hand, made up 15 percent (42) and 18.6 (52) percent respectively.
A culture of impunity

Included in the statistics issued by the police on Nov 29 were Vikines Vesuanathan shot dead in 2003 in Nilai, Negeri Sembilan; Muhamad Nir Oth (sic) killed three years later in Kepong, Kuala Lumpur; and Mohd Arifudin Mohamad who was shot dead in Kuantan, Pahang, two years ago and Rames Raman killed in 2008 in Kulim, Kedah.
They were all 19 years old. Several more were listed as having been killed at the age of 20.
In 2009, furthermore, Lobanarthan Gobi was 17 when he was killed together with 18-year old Vissvalingam Mookayah Devar in Klang.
rights group on shooting deaths 041210 n surendranAmong the more recent fatalities are the fatal shootings in April 26 of 14-year-old Aminulrasyid Amzah, and of Mohd Shamil Hafiz Shafie, 16, Mohd Khairul Nizam Tuah, 20, and Mohd Hanafi Omar, 22, on Nov 13 in Shah Alam.

Pinning the blame squarely on the police and the Home Ministry for the tragic deaths of these youths, LFL member N Surendran (right) said the only reason these yet unaccounted for killings have occurred - and many more will occur - is the unwillingness of the authorities to deal with the culture of impunity and 'trigger-happy' elements in the police force.

Wording it more bluntly, Surendran said: “Aminulrasyid was seven years old and in primary school, when Vikines was killed in 2003. If the authorities had taken action to prevent these extrajudicial killings since then, Aminulrasyid might be alive today.

“If they don't put a stop to these killings happening now, children who are in kindergarten this year may in just a few years down the road end up dead from being shot by police,” the lawyer added.

rights group on shooting deaths 041210 fadiah nadwa fikriSurendran was speaking to reporters after a press conference on the issue with Suaram coordinator Lucas Yap Heng Lung, PKR's Subang MP R Sivarasa and LFL member Fadiah Nadwa Fikri (right) at the KL-Selangor Chinese Assembly Hall in Kuala Lumpur.

Almost half killed were foreigners

Also revealed by the rights groups today was the large number of foreign nationals shot dead by police, whose cases rarely see the light of day in newspaper reports, if at all their identities are made known.

Almost half of those killed by the police in the last decade were foreign nationals - a total 121 or 43 percent.

Of these, slightly more than 40 percent (113) were Indonesians. The largest number of such fatalities took place in 2008 when 54 Indonesians (up from two in 2007) were killed by the police.

Unlike the case with the Malaysians, the majority of the Indonesians killed, or about 60 percent, were not properly identified other than by their nationality. Those unidentified are without names and age.

“In short, human beings are being shot, being bundled up, and buried somewhere without even their identities being discovered. This shows that what has taken root in the police force is lawlessness,” said Surendran.

Other nationalities who have suffered the same fate over the last 10 years, according to the statistics, are Vietnamese (5), Filipinos (1), Thai (1), and 1 African (categorised as 'Negro' in the police statistics).

Need to set up IPCMC now

Comparing the numbers to the incidence of police shootings in other countries, Sivarasa said the lack of an independent body in Malaysia to investigate complaints against the police and police misconduct have resulted in the rot.

In New Zealand, for example, that has a population of four million, there had been only 22 persons killed in police shootings over 70 years since 1941, said Sivarasa.

In UK, that has almost twice the population of Malaysia, there have been 48 deaths from police shootings over a period of 22 years, between 1985-2007, he added.

rights group on shooting deaths 041210 r sivarasahSivarasa (left) said the issue stems from the culture of impunity that has set into the police institution whereby a shoot-to-kill policy appears to have the consent, if not encouragement, of the upper levels of the force as well as the ruling politicians.

“This means that the police officers on the ground feel they can do whatever they want because they know they will not be held to account. Shoot, kill, and there will be no questions, no probe, so they continue.

“The inspector-general of police, the people responsible for the PDRM, will not raise these issues, and the politicians in charge - the home minister - will also not question them,” lamented the PKR leader.

NONEHe was referring to Home Minister Hishammuddin Hussein's (right) denial that there had been a surge in police shooting fatalities when asked about it earlier this week.

On the lack of transparency on the issue, Sivarasa noted that the statistics were released by deputy director of the Criminal Investigations Department Acryl Sani Abdullah Sani at Uthayakumar's trial only after constant pressure from the latter's lawyers and a directive from the court itself.

Sivarasa said he and the Pakatan Rakyat coalition will be raising the issue and will step up pressure on the government to put in place the Independent Police Complaints and Misconduct Commission (IPCMC), that was recommended by a royal commission in 2005.

Monday, December 6, 2010

Shot dead by cops: Nameless no more

(Malaysiakini) It has long been known that of those shot dead by police, ethnic Indians made up a disproportionate number of the fatalities. Based on the recently released statistics by the police, that is true.

rights groups on shooting deaths 041210 posingBut for the first time, details such as the age, ethnicity and nationality of almost all 279 people - citizens as well as foreign nationals - who have been killed by the police from 2000 to 2009 were today revealed by human rights groups.

Malaysiakini has earlier reported that since 2001, there had been a 17-fold surge in fatal police shootings up to 2009, when as many as 88 persons were killed by police as compared to five in 2001.

Aazlanccording to statistics provided by police at the sedition trial of Hindraf chief P Uthayakumar earlier this week, there were a shocking 82 cases of fatal police shootings in 2008, followed by 88 such incidences in 2009.

Revealing the statistics today were Lawyers For Liberty (LFL), Suaram and opposition political party PKR, who pointed out that of the 279 persons shot dead, 21.8 percent (61 deaths) were ethnic Indians.

Malays and Chinese, on the other hand, made up 15 percent (42) and 18.6 (52) percent respectively.
A culture of impunity

Included in the statistics issued by the police on Nov 29 were Vikines Vesuanathan shot dead in 2003 in Nilai, Negeri Sembilan; Muhamad Nir Oth (sic) killed three years later in Kepong, Kuala Lumpur; and Mohd Arifudin Mohamad who was shot dead in Kuantan, Pahang, two years ago and Rames Raman killed in 2008 in Kulim, Kedah.
They were all 19 years old. Several more were listed as having been killed at the age of 20.
In 2009, furthermore, Lobanarthan Gobi was 17 when he was killed together with 18-year old Vissvalingam Mookayah Devar in Klang.
rights group on shooting deaths 041210 n surendranAmong the more recent fatalities are the fatal shootings in April 26 of 14-year-old Aminulrasyid Amzah, and of Mohd Shamil Hafiz Shafie, 16, Mohd Khairul Nizam Tuah, 20, and Mohd Hanafi Omar, 22, on Nov 13 in Shah Alam.

Pinning the blame squarely on the police and the Home Ministry for the tragic deaths of these youths, LFL member N Surendran (right) said the only reason these yet unaccounted for killings have occurred - and many more will occur - is the unwillingness of the authorities to deal with the culture of impunity and 'trigger-happy' elements in the police force.

Wording it more bluntly, Surendran said: “Aminulrasyid was seven years old and in primary school, when Vikines was killed in 2003. If the authorities had taken action to prevent these extrajudicial killings since then, Aminulrasyid might be alive today.

“If they don't put a stop to these killings happening now, children who are in kindergarten this year may in just a few years down the road end up dead from being shot by police,” the lawyer added.

rights group on shooting deaths 041210 fadiah nadwa fikriSurendran was speaking to reporters after a press conference on the issue with Suaram coordinator Lucas Yap Heng Lung, PKR's Subang MP R Sivarasa and LFL member Fadiah Nadwa Fikri (right) at the KL-Selangor Chinese Assembly Hall in Kuala Lumpur.

Almost half killed were foreigners

Also revealed by the rights groups today was the large number of foreign nationals shot dead by police, whose cases rarely see the light of day in newspaper reports, if at all their identities are made known.

Almost half of those killed by the police in the last decade were foreign nationals - a total 121 or 43 percent.

Of these, slightly more than 40 percent (113) were Indonesians. The largest number of such fatalities took place in 2008 when 54 Indonesians (up from two in 2007) were killed by the police.

Unlike the case with the Malaysians, the majority of the Indonesians killed, or about 60 percent, were not properly identified other than by their nationality. Those unidentified are without names and age.

“In short, human beings are being shot, being bundled up, and buried somewhere without even their identities being discovered. This shows that what has taken root in the police force is lawlessness,” said Surendran.

Other nationalities who have suffered the same fate over the last 10 years, according to the statistics, are Vietnamese (5), Filipinos (1), Thai (1), and 1 African (categorised as 'Negro' in the police statistics).

Need to set up IPCMC now

Comparing the numbers to the incidence of police shootings in other countries, Sivarasa said the lack of an independent body in Malaysia to investigate complaints against the police and police misconduct have resulted in the rot.

In New Zealand, for example, that has a population of four million, there had been only 22 persons killed in police shootings over 70 years since 1941, said Sivarasa.

In UK, that has almost twice the population of Malaysia, there have been 48 deaths from police shootings over a period of 22 years, between 1985-2007, he added.

rights group on shooting deaths 041210 r sivarasahSivarasa (left) said the issue stems from the culture of impunity that has set into the police institution whereby a shoot-to-kill policy appears to have the consent, if not encouragement, of the upper levels of the force as well as the ruling politicians.

“This means that the police officers on the ground feel they can do whatever they want because they know they will not be held to account. Shoot, kill, and there will be no questions, no probe, so they continue.

“The inspector-general of police, the people responsible for the PDRM, will not raise these issues, and the politicians in charge - the home minister - will also not question them,” lamented the PKR leader.

NONEHe was referring to Home Minister Hishammuddin Hussein's (right) denial that there had been a surge in police shooting fatalities when asked about it earlier this week.

On the lack of transparency on the issue, Sivarasa noted that the statistics were released by deputy director of the Criminal Investigations Department Acryl Sani Abdullah Sani at Uthayakumar's trial only after constant pressure from the latter's lawyers and a directive from the court itself.

Sivarasa said he and the Pakatan Rakyat coalition will be raising the issue and will step up pressure on the government to put in place the Independent Police Complaints and Misconduct Commission (IPCMC), that was recommended by a royal commission in 2005.