NO.6, Jalan Abdullah, Off Jalan Bangsar, 59000 Kuala Lumpur, Malaysia Tel: 03-2282 5241 Fax: 03-2282 5245 Website: www.humanrightspartymalaysia.comEmail:firstname.lastname@example.org Date: 14/07/2010
Ban Ki-moon Secretary General of U.N,
United Nations Secretariat, First Avenue and East 42nd street,
United Nations, New York, USA. Fax No:1-212-963-2155
Human Rights Council,
United Nations High Commissioner for Human Rights
Palais des Nations
8–14, avenue de la Paix Fax: +41 (0)22 917 90 11
CH–1211 Geneva 10 – Switzerland E-mail: CP@ohchr.org
Mr.Hans Olsen United Nations, Children’s Fund, (Unicef) UNICEF House, 3 United Nations,
New York, NY 10017, Fax No (212) 326-7037 USA. Email: email@example.com
Re: 1) Rights of ethnic minority Indian children denied kindergarten in 523 Tamil schools and in higher education violated. Three children separated from their mother by government of Malaysia.
We refer to the above matter and respectfully wish to lodge a formal complaint.
We read in the Malaysian New Straits Times on 4/7/2010 at page 10 that Malaysia will withdraw three of it’s reservations on the Rights of the Child on 6/7/10.
We therefore urge the United Nations to investigate:-
1) Why all 523 ethnic minority Tamil (Indian) schools in Malaysia are being denied full financial aid by the government of Malaysia. Kindly refer to our official letter to Unicef & UN Sec Gen dated 18/6/2010. HRP Letter and appointment to Unicef & UN Sec Gen on Tamil school in cow shed like conditions.
2) More than 90% of these ethnic minority Tamil school pupils are denied kindergartens and pre school facilities by the government of Malaysia when the national average is almost to the direct contrary ie at is 87% attending pre schools. (The Star 15/3/10 at page N46). See our website posting dated 16/3/2010). Poverty keeps 90% of Tamil school children out of kindergartens
3) An estimated 2,237 top and high achieving ethnic minority O Levels Indian students have been denied government JPA, Mara, Petronas, GLC, 13 state Yayasan, Bank Negara, Khazanah etc Scholarships, University and Matriculation places. (Kindly refer to our letter to the Prime Minister of Malaysia dated 23/6/2010). Letter to P.M: 56 TOP SPM Indian students up to 13 As’ denied Scholarships, Matriculation and University Places.
4) A poor, powerless and politically voiceless ethnic minority Indian mother had been separated from her three children by the Welfare Minister. The three children ate pebbles because of hunger which we have not heard even happening in famine stricken Somalia. (Kindly refer to our letter to the Prime Minister and the Welfare Minister dated 3/7/10). Three Sand and pebble eating poor and hungry Indian children in Kedah “Imprisoned”.
Kindly constitute an investigation, take the appropriate action and fund a project to help alleviate this state of children’s affairs in Malaysia and revert to us at your earliest convenience.
P.Uthayakumar Secretary General (pro tem)
CC : Mr. Vernor Munoz Villalobos Special Rapporteur on the Right to Education Office or the United Nations High Commissioner for Human Rights Palais Wilson United Nations Office at Geneva 8-14 Ave de la Paix 1211 Fax +41 22 917 90 06 Geneva 10 Switzerland E-mail: firstname.lastname@example.org
Independent Expert on the question of human rights and extreme poverty (ICHRP)
Rue Ferdinand-Hodler 17
CH-1207 Geneva Fax: +41 (0) 22 775 33 03
Switzerland Email: email@example.com Mr. Olivier De Schutter Special Rapporteur on the right to food Office of the United Nations High Commissioner for Human Rights United Nations Office at Geneva 8-14, avenue de la Paix 1211 Geneva10, Switzerland Fax: + 41 22 917 9006
Ms. Gay McDougall
Independent Expert on minority issues
Office of the High Commissioner for Human Rights
Palais des Nations
CH-1211 Geneva 10
Switzerland Fax: + 41 22 917 9006 Mr. Githu Muigai
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
Palais des Nations
CH-1211 Geneva 10 Fax: +41 22 917 9006
Switzerland Email: firstname.lastname@example.org
1,805 lives perished in our remand cells, prisons and detention centres between 2003 and 16th July, last year.
Who are they?
View the ‘Tribute To The Custodial Death Victims Since 2003 ‘ powerpoint presentation that was screened at the Teoh Beng Hock memorial at the Kuala Lumpur and Selangor Chinese Assembly Hall last year, to get an idea of how little we know of those lives lost at the hands of those in authority. Custodial Death Presentation
This Friday, 16th July, at 8am, the family of the late Beng hock will conduct prayers outside Plaza Masalam, in Shah Alam, in memory of Beng Hock.
I view this as a private matter for family members and will not be intruding upon their privacy.
At 8pm on the same day, DAP Youth are organising a memorial for Beng Hock at the Kuala Lumpur and Selangor Chinese Assembly Hall last year. I may head out there later.
This Friday, at 7pm, Saya Anak Bangsa Malaysia gathers to lay flowers by the river next to the Bar Council building in memory of those lives that were lost whilst in the custody of the very authorities who are supposed to protect us all. Details can be got HERE.
See you all this Friday outside the Bar Council building.
Guna’s inquest has stood out from the many others for one reason.
In most death in custody inquests that we hear of, the usual witnesses to testify would be the police officers in attendance at the place of detention who will give evidence of the circumstances leading up to death, a pathologist who will share his post-mortem finding as to probable cause of death and, sometimes, the next-of-kin who took delivery of the body, on the state of the same, that is, any visible bruises or wounds.
In Guna’s case, three individuals who were arrested together with him and were at the Sentul police station were able to give evidence of the events and circumstances leading up to Guna’s last moments before he died.
Those three individuals, Suresh Suppiah, Ravi Subramaniam, and Selvach Santhiran Krishnan were subpoenaed by counsel holding watching brief for the family of the deceased, to give their evidence in the inquest.
They had all previously each sworn out statutory declarations detailing what each had seen and heard on the evening of 16th July, 2009, at the time of their arrest together with Guna, and later at the Sentul police station.
Suresh and Ravi had previously attended court and rendered their testimony.
Yesterday, it was Selvach’s turn.
The proceedings were in Bahasa Malaysia. I produce below the English translation of Selvach’s evidence.
_________________________________________________ Visva : Awak kenal Gunaegaran? Selvach : Saya kenal Visva : Apa nama samarannya? Selvach : Nama samarannya ‘Brake’ Visva : If shown a photograph of Gunasegaran, you would be able to recognise him? Selvach : I can
Visva then requests the court that a photo of the deceased Guna, previously tendered in court and already marked as a court exhibit, be shown to Selvach so that he may confirm that this is the ‘Gunasegaran’ that he is referring to. The photo is shown to Selvach. Visva : Who is the individual in the photo? Selvach : Gunasegaran Visva : Gunasegaran who is also known as ‘Brake’? Selva : Yes Visva : Can you remember the events of 16th July, 2009, approximately at 5.30pm, in the area of a toddy shop in Sentul? Selvach : I can remember. Visva : With whom were you with that evening? Selvach : With friends Visva : What happened? Selvach : I went to urinate. The police then came and arrested me. Visva : That evening, who were detained by the police, together with you? Selvach : 5 of us. I, Guna, Suresh, Ravi and a Malay man whom I do not know. Visva : Were you with Guna when he was arrested? Selvach : I was with him Visva : What was the process by which Guna was arrested? Selvach : I watched Guna’s arrest from a distance. He was beaten and kicked, then handcuffed and placed in the police vehicle. Visva : Were the arresting officers in uniform? Selvach : No. Visva : How many officers were there in the arresting team? Selvach : 6 officers Visva : What was Guna’s condition? Selvach : Quite bad. Visva : you and the others were placed in the same police van? Selvach : Yes Visva : Where we you all taken to? Selvach : Sentul police station. Visva : what happened at the Sentul police station? Selvach : The police ordered us to give urine samples. I gave a sample. After that one of the police officers asked Guna for his urine sample but Guna could not. Then one of the police officers kicked Guna. In front of me, the police officer kicked Guna in the chest. Visva : At the Sentul police station, who was the first one to be asked to provide a urine sample? Selvach : I was the first. Visva : Who was the last? Selvach : I am not sure. Visva : You said earlier that, at the toddy shop, you saw a police officer kick and beat Guna. Can you still recognise this police officer? Selvach : Yes. Visva : You said you saw a police officer kick Guna in the chest. Can you still recognise him? Selvach : Were these two different police officers o one an the same person? Selvach : The same police officer.
Visva then requests that the police officers who were in the raiding and arresting team on 16th July, 2009 at the Sentul toddy shop be produced into court to enable Selvach to identify the alleged assailant.
5 police officers, all in civilian attire, neck tie and all, are lined up in court.
Visva asks Selvach to look in the direction of the assembled police officers.
Selvach looks in their direction. Visva : Do you know these people? Selvach : Yes. Visva : Who are they? Selvach : They are police officers from the Sentul Narcotics. Visva : They were the officers involved in the arrest? Selvach : Yes. Visva : Look at the 5. You said one of them kicked and beat Guna. Look at them and tell us who is the one.
Selvach looks at the 5 officers and and indicates that the officer, second from the left as viewed by Selvach, is the officer who assaulted Guna at the toddy shop and then later, at the Sentul police station, kicked Guna in the chest.
The officer is asked to identify himself.
He identifies himself as Lance Corporal Mohd Faisal.
The 5 officers are released. Visva : What was the officer whom you just identified wearing at the time of arrest and beating of Guna? Selvach : Green T-shirt and jeans. Visva : You made a statutory declaration. Can you identify this as your statutory declaration? Selvach is shown a statutory declaration which had previously been produced in court and marked for identification. Selvach : Yes, this is my signature. Visva asks that the statutory declaration be now marked as a court exhibit. Visva : You are sure your evidence is correct and accurate? Selvach : Yes Visva : No further questions.
The Assistant Public Prosecutor now begins cross-examination. APP : The kicking incident as you allege took place before or after you were released? Selvach : After. I went back to get my I.C. APP : How many police officers were around Guna then? Selvach : None APP : Guna was just lying on the floor? Selvach : Yes APP : Were the police not administering first aid and sprinkling water on Guna? Selvach : When I was watching, no. How long you observed Guna in front of the lock-up? Selvach : About 15 minutes. APP : Who dealt with you when returning your I.C? Selvach : I do not remember the officer’s name APP : Which part of the police station did you have to go to get your I.C. back? Selvach : First Floor APP : Same palce as where the lock- up is located? Selvach : Yes APP requests that Selvach be shown a photograph of the lock-up area and to indicate where he was relation to the loch-up area. Selvach points out his position. I am unable to make out the precise location as pointed out by Selvach. APP : Show where Guna was lying and where you were? Selvach : Guna was lying in the lock-up area and I was on the outside. APP : You were on the outside. Guna was on the inside. You could not have seen? Selvach : I was outside near the door. I could see form there. APP : You were outside. Yuo could not have seen the police officers around? Selvach : Yes APP : You were on the outside. You could not have seen Guna move? Selvach : I would have been able to see Guna move. APP : Take this court room. Say you are standing there ( points to a side door ). What would be the distance from there to the lock-up area? Selvach indicates a point in the court room from that door which, to me, could not be more than 10 – 15 feet. APP : After you were released and heard about the death of Guna, you met with Suresh and Ravi? Selvach : I did not meet them. APP : You met the family of Guna? Selvach : No. APP : You met the family of Guna and heard from them about how he died? Selvach : No. APP : If you saw him being beaten, why did you not make a police report? Selvach : I am not the person involved in this matter. APP : You made no report because you had only heard of this? Selvach : I saw what happened APP : Why did you make your statutory declaration? Who as you to do it? Selvach : The lawyer APP : Did you make it voluntarily? Selvach : Yes APP : No further questions.
Visva now re-examines Selvach. Visva : Did you make your statutory declaration voluntarily? Selvach : Yes Visva : Are the contents true? Selvach : Yes Visva : You saw with your own eyes Guna being beaten? Selvach : Yes Visva : You identified the officer who beat Guna. Are you sure of his identity? Selvach : Yes Visva : you were asked many times about the distance between you and Guna at the Sentul police station. How far were you? Selvach : Quite near Visva : Was there anything impeding your vision? Selvach : No Visva : You are sure Guna did not move or say anything? Selvach : I am sure Visva : Is your evidence the truth? Selvach : Yes Visva : Why did you noe make a police report? Selvach : i only knew Guna had died 3 days later.
Selvach’s testimony was consistent with that of Suresh and Ravi, given earlier.
The eye witness testimony of these three individuals violently contradicts the evidence of the police officers, and that of two pathologists.
Counsels will submit before the court on 10th August, 2010.
Mahkamah Majistret Jenayah No.7,
Kuala Lumpur Court Complex,
Please make time to come to court and show solidarity with this effort to get at the truth of why our sons are dying in detention.
Come and listen to what I am sure will be some explosive submissions from counsel Visva.
The rally's estimated to be 100 000 people gathered outside the Petronas Twin Towers at midnight, early Sunday morning.At least 240 people were detained, but half of them were later released. One day before the rally, police arrested three HINDRAF lawyers, P. Uthayakumar, P. Waytha Moorthy and V. Ganabatirau for sedition charges. Uthayakumar and Ganabatirau posted bail of 800 Malaysian ringgits each, but Waytha Moorthy refused bail as a sign of protest.