HUMAN RIGHTS PARTY MALAYSIANO.6, Jalan Abdullah, Off Jalan Bangsar, 59000 Kuala Lumpur, Malaysia
Tel: 03-2282 5241 Fax: 03-2282 5245
Website: www.humanrightspartymalaysia.com Email:info@humanrightspartymalaysia
Your Reference :
In Reply : HRP/Misc/Apr/10
Date : 9th April 2010
YAB. Dato Seri Najib Razak
Perdana Menteri Malaysia,
Blok Utama Bangunan Perdana Putra,
Pusat Pentadbiran Kerajaan Persekutuan, Fax: 03-88883444
62502 Putrajaya E-Mail: najib@pmo.gov.my
Y.B Dato’ Seri Hishammuddin Tun Hussein,
Menteri Kementerian Dalam Negeri,
Kementerian Dalam Negeri,
Blok D1 & D2, Kompleks D,
Pusat Pentadbiran,
Kerajaan Persekutuan, Fax: 03-2693 3131
62546 Putrajaya E-Mail: menteri@moha.gov.my
Re: Two Indian brothers shot dead by police in Taiping last night. Call for Royal Commission of Inquiry on Police shoot to kill policy with shooting order, 95% local victims are Indians when only 8% population.
Last night at about 11.30p.m we had received telephone calls from our reliable supporters on the police shooting dead and murdering two Malaysian Indian youths in cold blood at Jalan Kamunting Gardens, Taiping, Perak. According to at least three eye witnesses the following was deduced:-
1) From 8.30 p.m onwards there was heavy police presence along Jalan Kamunting Gardens near the BP Petrol Station as if there was going to be a police “operasi”.
2) This usually busy road suddenly became quiet at about 9.00 p.m.
3) The police shot dead victims (two Malaysian Indian brothers) Wira Aeroback car was moving in the direction of Taiping to Kamunting which was a single carriage way.
4) Suddenly one police Proton Wira car emerged in the opposite direction and one Wira from the back of this victims car.
5) A Kenari pulled up from the side of the victims’ car and balaclava (face mask) clad policemen fired 15 shots at the victims and quickly left the scene. Firecrackers like sounds were heard.
6) At least three eye witnesses saw the above and/or deduced the same from the adjacent BP Petrol Station. Many other witnesses were said to also have witnessed this police operation.
We hereby call upon the Home Minister to immediately investigate and establish the truth of these aforesaid allegations.
We hereby call for a Royal Commission of Inquiry to determine and establish if this was indeed an unofficial police shoot to kill operation further to an unofficial shoot to kill order. Our eye witnesses would only testify at this Royal Commission as they cannot expect the police to investigate their own crime.
We expect the usual police announcement later today to be the routine seven (7) steps as follows:-
Step 1) Two Indian suspects were behaving suspiciously.
Step 2) Police followed them
Step 3) They saw the police and sped off.
Step 4) The police gave chase.
Step 5) The suspects shot at the police.
Step 6) Police in self defence shot back and both the suspects were instantaneously killed in the encounter.
Step 7) The suspects alleged series of previous involvement in serious crimes and/or convictions are revealed to the press which widely publicises the one sided police version.
Step
The dead police murder victims are unable to defend themselves and the public perception of this the cold blooded police murder is neutralised.Our estimate is that for the year 2009 and 2010, 95% of the Malaysian victims shot dead by the police are Malaysian Indians when they only form 8% of the Malaysian population ie disproportionate by about 1,200%.
Legal Position
The aforesaid police act has violated Article 5 of the Federal Constitution which guarantees the right to life.
Section 15(3) of the Criminal Procedure Code reads “Nothing in this section gives a right to cause death of a person who is not accused of an offence punishable with death or with imprisonment for life”.
In the time honoured legal principle and the rule of law in DPP v Woolmington Viscount Sankey L.J held that “throughout the web of the English criminal law one golden thread is always to be observed that is the duty of the prosecution to prove beyond all reasonable doubt the accused guilt.”
And the established legal principle that “a man is presumed innocent until proven guilty” is not upheld by the Malaysian police.
Having shot dead these two Indian youths how are they to defend themselves and to clear their names.
In this and the hundreds of previous such cases, the police take the law into their own hands and usurp the powers of the Judge, Jury, Prosecutor and Executioner all in one transaction.
This cannot be the law or the due administration of law and order in Malaysia or in any other part of the civil world.
In November 2009 after the public outcry in the case of the suicide of R.Seetha who had also fed poison to all her four young children (but who miraculously survived but are expected to have serious side effect health problems shortly) in protest against the police similarly shooting dead her beloved brother and four others in Klang, the police took about a five month break are now back at it again.
Vide our previous Memorandum titled “Memorandum on A trigger Happy Royal Malaysian Police Force (1.3 persons shot dead per week by the Royal Malaysian Police Force (635 from 1989-1999) The Star 11/05/99) as opposed to 18 fatal police shootings in New Zealand from 1940 to 2001 (61 years). To the honourable Deputy Prime Minister/ Home Minister Dato Seri Abdullah Bin Haji Ahmad Badawi dated 31st October 2002” Up to 1.3 victims were shot dead by the police every week.
The police cannot take short cuts and unilaterally dispense Summary Justice especially so when they have been allocated RM1 Billion in the 2010 National Budget to increase police efficiency. Especially with this exorbitant budget, the police have to seriously investigate and if there is enough evidence, prosecute the suspects in an open court of law. If and only if the courts find the accused guilty and sentences them to death, can a man’s life be legally taken in Malaysia. This is the law in this country and not as per the aforesaid police actions.
Kindly direct the police top brass and take the appropriate action.
Kindly also revert to us accordingly .
Thank You,
Yours Faithfully,
____________________
P.Uthayakumar
Secretary General (pro tem)
