THE HUMAN RIGHTS COMMISSION OF MALAYSIA
11th Floor, Menara TH Perdana,
Jalan Sultan Ismail, 50250 Kuala Lumpur
Tel: 03 2612 5600
Fax: 03 2612 5620
Dear Sir/ Madam
RE: COMPLAINT ON ARREST and TORTURE of Mr Sivakumar & twenty six (26) other HINDRAF Makkal Sakthi members on February 13 & 14, 2011 at Seremban Police Station.
We refer to the above matter.
We are requesting for an urgent meeting with your goodself at 2.15pm today in regards to the recent arrest and torture encountered by our members at the Seremban police station on the 13th February 2011.
As the sole organization established by the government under the Human Rights Commission Act 1999, we request your urgent attention to meet with our representative on flagrant disregard of human rights that had been administered by the police force against our members.
Our representative will accompany the complainants in handing over a memorandum with the view that you carry out an urgent inquiry on the gross violation of Human Rights by members of the Royal Police Force including the crime of torture, inhumane and degrading treatment.
Further, we would also appreciate as a special request, that a Malaysian Non-Indian Commissioner to be appointed to attend during our meeting.
Your cooperation in this matter is highly appreciated.
Thank you.
Yours faithfully
P.Waytha Moorthy
Chair
HINDRAF
W.Sambulingam
Chairman Human Rights Party Malaysia (Pro tem)
National Co-ordinator HINDRAF MAKKAL SAKTHI
N0 6 Jalan Abdullah off Jalan Bangsar
59000 Kuala Lumpur
THE CHAIR
HUMAN RIGHTS COMMISSION OF MALAYSIA
11th Floor, Menara TH Perdana,
Jalan Sultan Ismail, 50250 Kuala Lumpur
Tel: 03 2612 5600
Fax: 03 2612 5620
16th Feb 2011
Dear Sir/ Madam
RE: COMPLAINT ON ARREST AND TORTURE OF SIVAKUMAR S/O SANTHOSAM
COMPLAINT ON UNLAWFUL ARREST AND DETENTION OF 59 HINDRAF MAKKAL SAKTHI MEMBERS AT VARIOUS LOCATIONS AND POLICE STATIONS NATIONWIDE
PRACTICE OF NON- EXISTING, UNKNOWN AND MYSTERIOUS LAW BY PDRM
We refer to the above matter.
We write in anticipation that you would exercise your powers under section 12 (1) of the Suhakam Act to hold an inquiry into the following complaints that I hereby make on behalf of 59 HINDRAF MAKKAL SAKTHI leaders and well wishers arrested nationwide on the 13th February 2011.
Brief details of arrest;
HINDRAF MAKKAL SAKTHI is organising a Solidarity March Against UMNO’s Racism on the 27th February 2011. In conjunction to this we have been organising various activities and campaigns to raise awareness of the march. One of such campaign was a drive campaign where we drive our vehicles with posters of the Peaceful March attached to our vehicles in a group without hindering any flow of traffic or causing obstructions to other traffic. This event was organised simultaneously in the states of Kedah, Perak,Selangor, Wilayah Persekutuan, Negeri Sembilan and Johor on the 13th February.
However the Police mounted various roadblocks nationwide and with the assistance of the Federal Reserve Force stopped these vehicles arrested the drivers and passengers of such vehicles, seized the vehicles, manhandled the said drivers, and finally in the state of Negeri Sembilan detained 22 persons overnight.
We now list our complaints of the various Human Rights violations committed by the Royal Malaysian Police Force
a) Stopping the flow of traffic of vehicles belonging to HINDRAF MAKKAL SAKTHI members.
b) Arresting these drivers upon them obeying the orders to stop for the unknown, mysterious and non-existence crime in Law of driving in a group.
c) Arresting the passengers of these vehicles including children for an offence unknown, mysterious and non-existence in Law for accompanying such drivers.
d) Insisting that 22 HINDRAF MAKKAL SAKTHI members remove their Orange T-Shirts, failure of which they were punished with detentions overnight.
e) Insisting that the 22 HINDRAF MAKKAL SAKTHI members do not wear the Orange T-Shirts upon release of bail.
f) Seizing/threatening to seize the Orange T-Shirts on grounds that they were “exhibits” in an investigation by the Police for unlawful assembly.
g) Placing our Negeri Sembilan HINDRAF MAKKAL SAKTHI Chairman S.Sivakumar in a mysterious DARK ROOM of 6 feet x 10 feet, which was not an official cell within the meaning of lock-ups in the Malaysian, or any other International Law/conventions.
h) Subject Negeri Sembilan HINDRAF MAKKAL SAKTHI Chairman S.Sivakumar to torture by detaining him in a mysterious DARK ROOM for a period of 19 hours.
The above information warrants an urgent inquiry within the Powers of Inquiry of the Commission under section 12 (1) which provides;’
POWERS OF INQUIRY OF THE COMMISSION
Commission may inquire on own motion or on complaint
| 12. | (1) | The Commission may, on its own motion or on a complaint made to it by an aggrieved person or group of persons or a person acting on behalf of an aggrieved person or a group of persons, inquire into allegation of the infringement of the human rights of such person or group of persons |
| (2) | The Commission shall not inquire into any complaint relating to any allegation of the infringement of human rights which- | ||
|
| (3) | If the Commission inquires into an allegation under subsection 12(1) and during the pendency of such inquiry the allegation becomes the subject matter of any proceedings in any court, the Commission shall immediately cease to do the inquiry. |
a) the Police arrest an individual for the crime of driving in a group which is not a defined/known crime in Malaysia.
b) the Police arrest innocent passengers in a vehicle.
c) the Police arrest individuals for wearing Orange T-Shirts
d) the Police arrest individuals with theft of Government property- in this case Prison clothing as the detainees’ clothing have been seized
e) the Police place an arrested person in a mysterious “DARK ROOM” which is not defined as a cell within the meaning of the Lock-ups in Malaysia.
f) In the interest of the larger group and civil rights advocates – Do the Police use secret “DARK ROOMS” to torture detainees. We have heard of these rooms but no official complain and inquiry held on this subject matter.
g) Did the Royal Police Force fulfil Standard Minimum Rules for the Treatment of Prisoners passed by United Nations Congress on the Prevention of Crime and the Treatment of Offenders?
We have in our possession various video, photographic, audio evidences, including those taken in Police stations, which we are willing to submit to this Commission on the official inquiry. We reiterate that more than 160 witnesses are willing to testify in order to establish the above questions.
We believe our request for inquiry would not be frustrated by virtue of Section 12 (2).
We believe this inquiry would serve as an eye opener and promote the cause of Human Rights which we in HINDRAF MAKKAL SAKTHI have always cherished.
Thanking you in anticipation.
Yours faithfully
W.Sambulingam
