POLICE REPORT
Name: Sivakumar s/o Santhosam
I.C. No : 690201-05-5245
Address: 4.8 Blok M Rumah Pangsa
Jalan Lobak 12
Lobak 70200 Seremban
Date of Birth: 1.2.1969
Occupation: Contractor
I Sivakumar s/o Santhosam I.C. No 690201-05-5245 lodge this report against the following persons
1) ASP Alias Investigation officer Seremban Police station
2) OCPD of the Seremban District Police Station
3) Inspector General of Police
On the 13th February 2011 at about 2.30 pm I was arrested unlawfully by the Police at Rahang Seremban when I was driving a car registration No BEP 4939. The grounds of the arrest was not explained to me. At the time of arrest my 2 children were travelling in another car driven by a friend.
I was driving together with 25 other Hindraf Makkal Sakthi volunteers in our campaign to raise awareness and campaign for the peaceful March against UMNO’s Racism scheduled to be held in Kuala Lumpur on the 27th February 2011.
I was separated from my children and immediately taken to the Seremban Police station separately. Throughout this period the grounds of arrest was not explained to me despite me asking for it.
About 30 minutes after arrival at the Seremban Police station, I was placed in a DARK ROOM measuring about 7 feet by 10 feet. I am a big built person weighing 98 Kilograms and this small DARK ROOM which I belief was used as a cell by the Police caused severe mental torture and stress to me. I felt claustrophobic.
In total I was detained for more than 27 ½ hours in contravention of Article 5 (4) of the Federal Constitution. I was placed in the DARK ROOM for more than 19 hours incommunicado. I was not allowed to contact my family members, I did not know the whereabouts of my children who were in another car behind me , was not allowed to contact and obtain the services of a lawyer.
The DARK ROOM was filthy and unhygienic without proper toilet facilities and I had to use the toilet in total darkness. The 19-hour ordeal caused severe anxiety, fear, sweating, nauseating, suffocation and my heart started beating rapidly for no apparent reason.
I was just a week ago discharged from the Seremban Hospital for infection on my leg. During this period my legs swelled and cracking and despite me and my wife’s police report No. 755/11 at about midnight on 13/2/11 also urging me to be taken to the hospital urgently, the Police refused to take me to hospital.
I belief the Police deliberately placed me in the small DARK ROOM to punish, cause mental torture and stress, and intimidate me for my involvement in the Human Rights movement Hindraf Makkal Sakthi which advocates the rights of the ethnic Malaysian Indian community.
I now make this report against the above named persons for causing torture and inhumane treatment to me during my detention at the Seremban police station. I belief they deliberately did this to spite me for my involvement in Hindraf Makkal sakthi and prevent me from further getting involved in Hindraf Makkal Sakthi’s activities. They were particularly angry with me for organising a successful campaign in Negeri Sembilan in the March against UMNO’s Racism, which is due to take place in Kuala Lumpur on the 27th February 2011.
I had organised various meetings with youths throughout Negeri sembilan, distributed flyers and canvassed for various groups to organise themselves in large numbers to turn up at the peaceful March against UMNO’s Racism on 27th February.
I do not have confidence in Police investigating their own crimes especially since it is against their own kind and they are protecting their masters UMNO. However I lodge this report to put on record the atrocities of the Police in using unlawful methods, illegal and unknown arbitrary Police procedures and torturing me. I suffer severe mental agony as a result.
I also make this report on behalf of myself and 25 others including 4 children (released after more than 10 hours and given food only at about 11.00p.m and that too after my wife scolding them) detained at the same place and time.
We were arrested without any valid grounds in a road- block mounted by Police simply for the “unknown offence in law” of driving in a campaign to raise awareness against UMNO’s racism. Our cars were diverted to the Seremban Police station forcibly and the 26 were arrested and held in detention for almost 27 ½ hours.
During the initial detention, all of us were told to remove our Orange Hindraf T-Shirts, as the Police were unhappy with our Orange T-Shirts. (which they had already taken photographs of). The 22 Hindraf Makkal Sakthi volunteers were instructed to contact their family members to request them to bring a change of clothing (of the Orange Hindraf Makkal Sakthi T-Shirts) but they refused. ASP Alias then threatened all of them with detention overnight and/or 7 days more should they refuse to do so and the 22 stood their ground. For this they were detained overnight and told to change into lock-up clothing and placed in cells overnight.
The next day at about 12pm we were told that we were being released on Police bail. However we were again threatened that if we do not leave the Police station, we would not be released. We stood our ground and insisted that we were forcibly and unlawfully arrested for wearing Orange Hindraf T-Shirts and that we will walk out with the same scared Orange T-Shirts as this is a free country and we are proud to belong to Hindraf Makkal sakthi and wear the Orange T-Shirts.
This annoyed the Police further. I personally heard one Policeman saying “kita ajar mereka” (we should teach them a lesson).
About half an hour later ASP Alias told us that we have no choice and that they are now “detaining the T-shirts as exhibits” . ( kita sekarang tahan T-shirt sebagai barang bukti). I insisted that we were arrested for the so-called unlawful assembly offence and it does not make sense that the T-Shirts should be made exhibits.
In any event all of us agreed to walk out of Police station with prison uniform, as we have no choice over the matter but even to this ASP Alias was not agreeable. He then threatened us with another criminal charge of stealing Government property (prison uniforms) and said we are arrested for a further 2 days period for this offence and that we would only be taken to court to be charged on 16th February as 15th was a public holiday.
We told him we were willing to face the extra 2 days behind bars for the “charge of stealing Government property” (Prison uniforms) and would tell the magistrate how stupid the Police were to charge us for this offence.
I belief the arrest and detention on such trivial charges are ill intended, deliberate, degrading, demoralising and humiliating and to spite us for our participation in Hindraf Makkal Sakthi activities.
However when we stood our grounds and were willing to face another 2 days in lock-up and the charge of theft, the Police relented and decided to allow us to leave the Police station with our Orange T-Shirts.
On behalf of the 25 I categorically state that we do not have confidence in Police investigating their own crimes especially since it is against their own kind and they are protecting their masters UMNO. However I lodge this report to put on record the atrocities of the Police in using unlawful methods, illegal and arbitrary unknown Police procedures and torturing us. We suffer severe mental agony as a result.
……………………………..
Name: Sivakumar s/o Santhosam
I.C. No : 690201-05-5245
Address: 4.8 Blok M Rumah Pangsa
Jalan Lobak 12
Lobak 70200 Seremban
