Ex Fiji Prime Minister shocked at extent of discrimination in Malaysia. Letter to HRP.

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20^th July 2010
Mr. P. Uthayakumar
Human Rights Party
Malaysia
Dear Mr. Uthayakumar.
Thank you for forwarding us your Party’s statements and newsletters.  I am indeed shocked by the extent of discrimination and the denial of human rights of the people of Indian origin in your country.
I have always considered Malaysia a friendly and multi-racial country but can now imagine how difficult it is there for Indians, particularly those who exist in poverty.
The only sure way in which their problems can be addressed and justice meted out to them is to make the international community aware of their plight and appeal for their assistance to redress the situation.
It can be a long drawn and frustrating experience but it is, in the end, sure to achieve satisfying results.
I wish you and your Party the success you all deserve in your worthy struggle and commend you for your courage in taking up the cudgels on behalf of your people.
With warm personal regards.
Sincerely,
Mahendra P. Chaudhry
Secretary General
Fiji Labour Party

Hindraf’s 18 demands and what Hindraf wants

There are many out there who say that Hindraf/HRP is being unreasonable and destructive in their demands. Let us examine that for a bit, because it is a very serious matter, really.. Hindraf’s 18 points of demand cover the following:
1) An end to the ongoing violations of the Malaysian Federal Constitution
2) An end to the deeply rooted racism in Malaysian society
3) Affirmative action to rehabilitate the marginalized and abandoned Indian poor
4) All Tamil Primary Schools to be made fully government funded and with complete facilities – in short a consolidation of Primary education for the Indian poor.
5) Equal and fair opportunities for higher education for Indians to realize the true potential of the young of our country
6) Equal and fair opportunities for business to provide adequate opportunities for upward mobility
7) Eliminate the Mandore system of subjugating the Indian poor
20% of top level positions in Government and GLCs to be set aside for Indians as a means of ensuring a fair and competent Civil service
9) Government to become transparent in all of the above as a check and balance
10) Government to stop demolition of Temples, Burial Grounds and grant state land for all such needs and allow complete freedom of religion
11) Stop the bullying of Indians by the Police because they form such a soft target
12) Establish a Royal Commission of Inquiry into the Kg. Medan killings and pay due compensation of RM1,000,000 to each affected family, like what has just happened to the late Anuar bin Sarip.
13) The Indian poor be paid compensation for 50 years of neglect by the Malaysian government, the process to be adjudicated by the Un and the quantum of compensation to be determined by them
14) Provide affordable homes to all Malaysians and set a minimum wage of RM 1,000 for all.
15) Establish a Royal Commission of Inquiry to study the violations of the constitution and to recommend due affirmative actions to correct the situation
16) Stop all forms of religious discrimination and a race Relations Act and a Equal Opportunities Commission and Freedom of Religion Commission be set up.
17) Set up specific laws to assure the independence of the various arms of the government like the Judiciary, the police, the Civil Service, the Attorney General’s Chambers, the Human Rights Commission and the Media
18) Set aside a minimum of 20 MPs seats for Indians to be elected by Indians.
If you think about the points raised it is very clear that it covers all aspects of life for the Indians. In summary what the document looks for is a totally new beginning for the Indians in the country after reworking some of the fallout from the last 53 years of neglect and abuse.
These points do not only touch on the lives of Indians though in many cases the points specifically point to Indians. In reality when these points are realized all of Malaysia will benefit. You cannot really think of the ruling elite acceding to these demands purely to the Indians. All these can only be realized when there is an overhaul of the entire system.
Basically what the 18 points calls for is a better life for the working poor and a for a complete democratization of the socio-political system of the country. Now isn’t that a large and bold objective that benefits all in the country.
The call for an 18 point demand is really a call for a major upliftment of Malaysian society as a whole. Racism is really an anachronistic concept whose time is well over. But the UMNOPutras in their shortsighted wisdom think that this is the way to go to build a nation in their own image of a purely Malay country. This is not tenable given the paradigm developing across the world of open borders and shrinking distances. The UMNOPutra’s paradigm is definitely one that is not achievable. What will result will be a destruction of Malaysia and a squandering of the potential greatness of the country. Malaysia was a model to the third world on the 60s and 70s in the last century. Now it has the twin towers to boast about. When the opportunity is squandered everyone will lose, the Malays, the Chinese, the Indians, the KadazanDusuns, the Dayaks, the Ibans everyone. Since the Malays are the predominant community, they will land up losing the most.
It is not the resources available in a country that makes for its greatness. Resources are transient and will get consumed in time and then afterwards what are you then left with. It is the people of a nation that make for the greatness of a nation and if this basic wisdom cannot be perceived by the UMNOPutras in time, they will drive Malaysia into the ground in time. They are already driving away significant human potential from this land, out of their illusory concepts of self preservation. They will not allow the nascent human potential in the country to develop, They keep promoting mediocracy with corruption, nepotism and cronyism and their racism.
The people who should develop will not be developed and people who are developed will not be able to rise to the tasks of a nation in competition with the rest of the world because of a culture of mediocrity. And time and resources would have been spent and as someone the other day was saying we will probably land up exporting maids to our neighbouring countries in the second half of this century.
The 18 point demand is no simple set of demands. They are a set of demands which if dealt with in an intelligent response can potentially bring us back from the brink of all of this. They require guts and they require Statemenship to be able to be dealt with squarely. No myopic leader will ever be able to understand just what it stands for. Rather such leaders in their myopia will only pass all of this off as nonsense spouting from extremists and racists and in their supreme wisdom will let a historic opportunity slip.
Indians in the country are the ones that seek change most. They are the ones who have been worst affected by the ways of this system. The ones who have most inertia against any change are the UMNOPutras, because they have benefitted the most from the current arrangement. So, Hindraf and HRP in championing the rights and interests of the Indians are pitting themselves against the most conservative segment of Malaysians. Hindraf and HRP have established courage and an ability to confront injustice fearlessly as their trademarks. In that tradition they will continue, inspite of the odds against them.Hindraf and HRP will continue to grow as the wisdom and their deep understanding of the needs of Malaysian society are appreciated by more and more as time passes. When you are right , it is only a matter of time. Truth always prevails.
Hindraf and HRP in pushing the agenda of the Indian poor are really pushing to build a great and new Malaysia.
Valga Hindraf. Valga HRP.
Naragan

Tricked by employers and discarded by police

By B Nantha Kumar
KUALA LUMPUR: Seven months ago 43-year-old Rasiabanu from Tamil Nadu lodged a police report against her employers for failing to pay her wages for 16 months.
Rasiabanu had worked with them as a maid for two years and saw only her first month’s salary.

“Every time I asked them (employers) they said they will give it to me when I return to India.

“I believed them and continued working. After two years I asked to return home, but they refused to let me go. They refused to give me my money,” said Rasiabanu who now has a very low opinion about Malaysian employers. .

Rasiabanu came to Malaysia in 2008 with the ‘great hope’ of improving her family’s financial situation in India.

In India her husband worked as a sales assistant in a shopping complex in Trichy and earned 60 rupees a day.

But it was not enough to take care of the family, including their three children’s daily expenses.

“It was about that time when an agent met me and told me that I could work in Malaysia for two years and earn a lot of money.

"I wanted to help increase my family income. The agent said I had to pay 25,000 rupees to work in Malaysia.

“I managed to borrow the 25,000 rupees and paid the agent,” she told FMT.

On arrival at the Malaysian airport Rasiabanu was taken straight to her employer’s house.

“The employer agreed to pay me RM400 a month. They paid my first month salary and promised to pay up fully when the time came for me to return home.

“I agreed because they seemed like good people.”

But the backdated salaries amounting to RM6,400 did not come. Instead her former employers threatened her.

'Malaysians are mean'
Angry and upset at having been wronged, she sought justice at the Brickfields police station.

According to her the police have only met with her former employers once, but so far nothing has happened and she has not received her money.

“I'm staying in Tenaganita now for more than seven months. I still cannot go home. I miss my family so much...

"When I was in my village in India, I thought Malaysians were very nice people but when I came here I discovered how mean Malaysians actually are.

“They (Malaysians) have a lot of money but they are uncaring and cruel to people.

“Everyday I hope the police will make my former employers pay-up so that I can go back to my husband and children,” said Rasiabanu when met recently.

Heritage status hollow as Malay villages vanish

(Malaysiakini) The Penang government is being haunted by the ghost of rampant development projects approved by its predecessor, Gerakan, which is putting a damper on George Town's second anniversary as a Unesco World Heritage Site.

In particular, the Malay community complains that the heritage status is meaningless if its villages and culture is not preserved.

Malay Muslim cultural and religious experiences featured on Heritage Row, like the famous Majid Kapitan Keling and Penang Muslim Museum at Syed Alatas Mansion in Armenian Street, do little to help as Malay villages gradually vanish due to massive development creeping everywhere across the island.

Villagers from Kg Jalan Pokok Asam, who face eviction by developers at the end of September, are particularly upset.

They have expressed extreme dissatisfaction that the on-going Heritage celebrations is featuring mostly Chinese and Hindu temples, and fishing communities like the Koay Jetty, and ignoring the plight of their villages.

At a two-hour dialogue session with PAS state deputy chief Mujahid Yusof Rawa in a Jelutong surau on Thursday, the villagers lamented that the heritage celebrations held in July was 'meaningless' if it did not include the Malay villages.

“What does it mean by heritage if Malay villages are being eroded one by one? Even if Penang celebrates Heritage Day again next year, it holds no meaning for us,” said Zarus Yusof (left), a 47-year-old businessman who has lived in Jelutong all his life.

“Heritage is not just about buildings, it is the culture and soul of the people living in the state. There is no meaning to heritage if the Malays are divided,” he added.

Not a racial problem

Zarus said he was not being racist to raise the issue facing Malay villagers, as the ongoing development projects would eventually affect the other communities as well, robbing them of their homes and disrupting their lives.

“We have to preserve our villages. That is the bottom line. We are not against development, relocate us but allow us to live in the same area, with reasonable housing facilities,” he added.

Another villager, Mohamad Idaham (left), warned that suraus, mosques,and cemeteries being provided for village folks risk becoming white elephants as the Malay community shrinks by the day.

“Who will go and pray if they are no more Malay communities in this area? No matter how you make the mosque, surau or cemeteries bigger, none of this means anything if there are no Malay families left to use them,” he complained.

Idaham appeared a little uncomfortable with the presence of PAS, although he admitted supporting the Opposition in the last general election.

He said the group preferred to be non-partisan when pleading their case, and would meet any group who were willing to help them resolve their eviction woes.

“It's difficult if we were to rely on political parties to help us. It can cause problems because even though we live in the same kampung, we all have different political allegiances,” he said after the meeting.

BN legacy

The group is demanding the developer to compensate them with a RM120,000 double storey house or a RM75,000 unit with three rooms per family.

However, they insist that they be relocated in the same area Jelutong, where they have lived since birth.

Jelutong parliamentarian Jeff Ooi (right) recently told the Sun that the rapid development issue is inherited from the previous government under BN's Gerakan led by Koh Tsu Koon.

These included 36 families affected by expansion plans for Heng Ee school and more than 40 families asked to move due to a housing project at Yew Kongsi. Over 50 families were evicted from behind the Perak Road market, 17 families from beside Sri Wonder centre, and 29 households in the Jalan Pokok Asam vicinity.

“In addition, 70 households will be affected by land acquisition for a road to link Jalan Tan Sri The Ewe Lim to the Jelutong Expressway, while compensation for another eight houses for a project at Jalan Madrasah has been resolved amicably,” he added.

In an immediate response, Jamek Mosque committee representative Yusof Noor apologised for any misunderstanding which has arisen out of the current situation.

Yusof, who is a municipal councillor, said he has contacted Chief Minister Lim Guan Eng and Deputy Chief Minister I Mansor Othman to meet with the mosque committee and representatives from the affected villages.

Issue to be escalated

“We really lack information when the problem happened, so I am sorry if there was any confusion” he told the group.

“But since then, we have been speaking to all quarters to try and find the best solution for everyone,” he added.

Mujahid (in red, in photo), in responding to the villagers' grouses, explained that as a minority community in the state, they understandably feel marginalised but that this would be no different under an Umno government.

He was referring to Umno's attempts to capitalise on the situation for political mileage.

He however agreed with the group's demand to be relocated to the same area.

“We will tell the state and developer, you can do what you like, but we will remain on this land,” he vowed.

He promised to raise their issues to the CM and Pakatan Rakyat state representatives, which he said was a good channel to voice the villagers' plight.

“I will tell the state government to look into this issue seriously. Don't play a fool for this is my kampung too. I have relatives here and have lived and played here when I was young,” he said.

He also apologised for the party being perceived as not willing to help the Malay community, and condemned Malay language daily Utusan Malaysia for enforcing the wrong perception.

“This is not only a Malay problem as the papers make it out to be. The Chinese and Indians are involved too, because everyone is affected by the same (problem),” he added.

Kg Jalan Pokok Asam is one of many victims of Penang's development overdrive inherited from the BN which continue to dog Lim Guan Eng's administration, including the controversial Kg Buah Pala and the Tanjung Bungah issues.

Hindraf calls for merit-based education

By Athi Shankar - Free Malaysia Today

GEORGE TOWN: The government should scrap its racist-based education system and replace it with one based on meritocracy, Hindu Rights Action Force (Hindraf)…

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By Athi Shankar - Free Malaysia Today

GEORGE TOWN: The government should scrap its racist-based education system and replace it with one based on meritocracy, Hindu Rights Action Force (Hindraf) said today.

Hindraf London-based chairman P Waythamoorthy said it was time the Umno-led federal government overhauled the education system to keep pace with the global educational standards.

He said a meritocracy-based system was the only way forward for the country to attain excellence in education in the highly competitive world.

However, he said the objective can never be achieved if the Umno-led federal government is not sincere and serious.

“The government should revamp the education system to focus on meritocracy regardless of ethnic and religious origins to enhance the country’s human capital,” he added.

He was commenting on Prime Minister Najib Tun Razak's announcement at last weekend MIC general assembly that Indian students who score 9A+ in the SPM would be given public scholarships to pursue tertiary education.

Waythamoorthy said Najib’s promise was nothing more than a gimmick to raise false hopes.

“Why only 9A+? What about plain 9As and 9A-?” he asked.

He said Najib was trying to assuage the feelings of the Indian community when he announced the scholarship award to Indian students with 9A+.

“Predictably, MIC members gave the premier a standing ovation without understanding the dynamics of Umno political manipulation.

“They failed to comprehend that the 9A+ move was detrimental to the Indian community and the country at large,” he told FMT.

Stop gloating

Last month, Waythamoorthy brought up to the United Nations the BN government’s perceived systematic discrimination of Indian students for over half a century.

He addressed the issue to Geneva-based Githu Muigai, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.

He also sent a copy of his complaint to the UN Educational, Scientific and Cultural Organisation (Asia and Pacific regional bureau for education office) in Bangkok, seeking Unesco's intervention to end the perceived marginalisation of Malaysian Indians.

In May, he updated and provided evidence to the UN Human Rights Council on the continued discrimination and marginalisation of minority Malaysians, especially Indians, and natives from Sabah and Sarawak.

According to education director-general Alimuddin Mohd Dom, some 7,987 of the 465,853 students who took the SPM last year obtained all As in all their subjects.

This includes 214 with A+, of which 41 were private school and agency-sponsored students.

Of the 52,348 candidates who took STPM in 2009, only 15 got 5As in all subjects.

Waythamoorthy said Najib should stop gloating over the fact that about 2,304 places were given to Indian students in 2010 when there were nearly a million seats available in all public universities in the country.

He alleged that the government was pursuing a racist policy by making sure that more than 120,000 places available in Universiti Technology Mara (UiTM) were reserved exclusively for Malay Muslim candidates.

Waythamoorthy said even though seats were increasing in public universities, the ratio was rapidly diminishing for the Indian community.

“The seats given to Indian students did not even represent 0.2% of the Indian student population.

“Is the prime minister trying to tell us that Indian students are so stupid that they do not deserve a place in public universities?” he asked.

Malay-sian police shoots dead five in one day by Polis raja Di Malaysia. Good way to spend theitr RM 1 billion allocation for 2010.

Four foreigners (Republic of India) nationals and another local were all gunned down in one day but in two transactions.
To the direct contrary there has been only 18 really necessary fatal direct shootings in 61 years in New Zealand (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. By Police Watch And Human Rights Committee.)
This only goes to show the declining police standards in Malay-sia, high handedness, abuse of powers and akin to a police state.
With the RM 1 billion allocation for the year 2010, there should have been quality investigations and followed by an arrest and then criminal prosecution and the appropriate sentence in a court of law after the accused having had right to defend himself. This is the due process of the law.
Murdering mere suspects by the UMNO Polis Raja Di Malaysia only reflects a police state if not an uncivilized barbaric society.
P. Uthayakumar

Selangor CPO Dato Khalid Abu Bakar refuse to release Indian youth arrested for attempting to lodge a police report against police personnel.

(See letter to Bukit Aman Police Headquarters dated 15/07/2010 below)
Despite the public relations department DSP forwarding this complaint to the Selangor Chief Police Officer Dato Khalid Abu Bakar and when the case is so clear cut based on the complainants three police reports, and the complainant arrested at the Brickfields police station where he went to lodge the said police report the Chief Police Officer of Selangor is adamant in not releasing this Indian youth.
This is just the tip of the iceberg of the unlawful arrests of especially the Indians in Malay-sian police lockups on a day to day basis. 
We will be writing to the Prime Minister and Home Minister tomorrow on this Polis Raja Di Malaysia above the law mindset.
In the meantime we hold the said Chief Police Officer of Selangor responsible should anything happen to our client Kumar a/l Rajagopal.
P. Uthayakumar



Dear DSP Lai Lee Ching,
Public Relations Department,
Bukit Aman Federal Police H.Q
Kuala Lumpur
Dear Madam,
Re: Client detained for attempting to lodge police report against police for siding Ah Long.
Our Client was harassed by a money lender Ah Long for a debt he had already paid. He was threatened even with death if he did not pay up.
Upon lodging two police reports one Sargeant Jayakumar of the Selayang IPD called in our client and warned him to pay off the Ah Long or he would be arrested  for an offence he allegedly committed in 2001. (Note: Our client’s pasport would prove that he was in India from 1997 to 2002)
On our advise our client came to lodge a police report at the Brickfields police station as his earlier attempt to do the same at the Kepong police station was turned down. Instead he was arrested by the Brickfields police and immediately sent to the Selayang police station.
Kindly release our client forthwith and if need be charge him in a Court of law which is the due process of the law.
Further to our tele-conversation at 1.50 p.m today (15/07/2010) i hereby enclose the three police reports all No Selayang 013343/10, 013522/10 and 13506/10 which are self explanatory. Our client is Kumar a/l Rajagopal (IC No: 810507025341)
Please also take action against Sargeant Jayakumar Lkpl Norzamzarina Kpl Yusof and the Ah Longs.
Thank you.
Your Faithfully
P. Uthayakumar.

UMNO refused to honour Mount Everest climbers Mohandas and Magendran

(NST 11/7/10 at page 25)
After 14 years, they both were awarded Datukships by the DAP Penang State government.
This too only after critical postings in this our website www.info@humanrightspartymalaysia.com
But was DAP sincere or just to make up and appease the Indian anger after the demolishment of Kg Buah Pala, the last traditional Indian village in Penang Island, denial of land for all 28 Tamil schools in Penang, all Hindu cemetaries and all temples in Penang.
Karunai Nithi @ Compassionate Justice

 

UN complaint on no kindergardens in Malaysian’s 523 Tamil schools, higher education & Indian poverty.

NO.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.com
Date: 14/07/2010
Ban Ki-moon Secretary General of U.N,
United Nations Secretariat, First Avenue and East 42^nd 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: landmines@unicef.org
Dear Sirs,
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.
Thank You.
Your Faithfully,
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: sreducation@ohchr.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: ichrp@ichrp.org
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: racism@ohchr.org

16th July : Remembering those who died in custody

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.

The last day of the inquest into the death of Guna

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,
Level 2,
Kuala Lumpur Court Complex,
Jalan Duta.
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.

Polis Raja Di Malay-sia. Will Prabakar get justice in Malay-sian courts?

There is almost zero history of criminal policemen appropriately sent to jail.
Prabakar today told us that he was beaten up at the Brickfields police station on his head, sole of feet and body and boiling hot water poured over them for six and a half hours from 10.00 p.m on 23/12/08 to 4.30 p.m on 24/12/08 by eleven policemen. Seven of these eleven Malay policemen actively beat up Prabakar and Solomon with his hands cuffed and legs tied up to an office chair and a hose pipe used to beat up the sole of his feet.
And all seven policemen took turns to pour boiling hot water on Prabakar and Solomon. Their bodies became swollen with hot water boils sprouting out.
Seeing all this Chief Inspector Shahar did not immediately order the arrest of the seven policemen and had allowed the police above the law mindset to prevail. The victims were never ordered to be sent to hospital.
In court the next day another Malay policeman told Prabakar that if he complained to the magistret he would be beaten up some more or be killed when brought back to the police station. This policeman has got away scot free for this death threat and aiding and abetting this crime of attempted murder, which is supposed to be an aggravating factor.
But these seven policemen were merely prosecuted for a light offence under Section 330 of the Penal Code (voluntarily causing hurt to extort confession) by the pro UMNO Attorney General Gani Patail.
Even with these very serious injuries the victims were hand cuffed in all their six days of unlawful detention.
The Brickfields OCPD, KL CPO, Federal CID, Director or even the IGP had refused to order the police to take photographs of the injuries in their usual Polis Raja Di Malaysia fashion of Police Cover Up.
Prabakar was a car park attendant merely doing his job when he and Solomon were arrested.
Solomon has since been caused to be “disappeared” and the police are accountable for his disappearance. But under the Polis Raja di Malaysia policy, zero action would be taken against the criminal policemen.
Will Prabakar get justice in the Malay-sian courts as almost zero police criminals have been appropriately punished for their crimes.
The trial yesterday 12/7/10 finally took off for the first day of it’s hearing after about five previous postponements. Waiting for the heat to die down?
P. Uthayakumar

Video: Temple Demolishment in Malaysia

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Petition to King DYMM YD Agong call for Royal Commission of Enquiry further to Article 93 of the Federal Constitution on the exclusion and segregation of especially the poor Indian students from being granted JPA Scholarships, PTPTN study loans, Matriculation and University places.

Date : 11^th July 2010
To
His Royal Highness DYMM Yang Dipertuan Agong
Duli Yang Maha Mulia Al Wathiqu Billah, Al-Sultan Mizan Zainal Abidin Ibni Almarhum Al-Sultan Mahmud Al-Muktafi Billah Shah Al-Haj Istana Negara. Jalan Istana.
50500 Kuala Lumpur,
Malaysia. Tel: 03 20788311 Fax: 03 20704646 / 03 20311535
DYMM Tuanku,
Re: 1) An estimated 2,237 top and high achieving Indian students segregated and denied JPA scholarships, PTPTN loans, Matriculation and University seats.
(2) Call for Royal Commission of Enquiry further to Article 93 of the Federal Constitution on the exclusion and segregation of especially the poor Indian students from being granted JPA Scholarships, PTPTN study loans, Matriculation and University places.
(3) Abolish STPM and One Pre-U for One Malaysia.
(4) United Nations nominated official head the Selection Committee and three (3) others for JPA scholarships, Matriculation and University places for five years.
We respectfully and humbly wish to bring to your kind attention as the guardian and custodian of the Federal Constitution for all your Royal Highness subjects irrespective of race and religion, for the compliance of Article 8 of the Federal Constitution (Equality before the law) and Article 12- rights in respect of education of the Federal Constitution. Article 12(1) reads, "without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race and descent or place of birth."
Year in and year out over the past 40 years or so, thousands of especially top and high achieving poor Malaysian Indian students have been denied JPA scholarships, Matriculation & University places. Prime Minister Datuk Seri Najib Razak’s claims One Malaysia policy, but top and high achieving poor Indian students are being denied the opportunities from becoming graduates, professionals and reputable citizens who would take Malaysia into the international arena.
This denial of fair and equal educational opportunities has forced an alarming number of poor Indians into the world of crime.
In any part of the world scholarships and study loans are granted by the government to deserving students without fail but only in One Malaysia is this discrimination, exclusion and segregation against the Malaysian Indian students going on and on.
A prime example is Prahsanna who ever since her childhood days grew up with the ambition to of becoming a medical doctor. Her parents, teachers and the community leaders motivated her to pursue medicine and shine in her academic qualifications. She took up the challenge. She worked hard day and night and proved that she is capable of achieving her ambition of becoming a doctor by scoring 11As in the Science stream. However her dreams were shattered when her applications to enter Matriculation, local Universities and JPA scholarship were turned down without any reason. And when she approached the Putrajaya officials she was told to drop her ambition! How would a sober person justify this! Her father is a retiree and her mother is a housewife. Who would help this poor young high achiever’s dream to come true if not the government? And this is just one and being the latest example and the tip of the iceberg to the even the sixth generation especially poor Malaysian Indian students being segregated and excluded from the national higher education opportunities of Malaysia.
Malay Muslim students from Pasir Salak MRSM who scored 7 Ds and 8 Es managed to secure a place in Matriculation colleges whereas Menaka who scored 8As from the same college is rejected. She was like a beggar knocking every government agencies’ door to get mercy. Is this the One Malaysia concept Prime Minister Najib is advocating?
Niquesan Nair was in the PLKN National Service Training while waiting for his SPM results. At the Camp they were taught of One Malaysia, that we are all One and happily sang the song Satu (One) Malaysia. But when he got his results, he scored 10A’s but was denied JPA scholarship, Matriculation and University places while his Malay Muslim friends in PLKN who scored 2A’s and 3A’s got seats in Matriculation/University and were relieved from PLKN training. At this young and tender age Niquesan Nair for the first time felt that just because of his Indian minority ethnicity he was denied the opportunity to contribute to his country.
While Malaysian Indians are denied their constitutional rights as enshrined in Article 8 and Article 12 of the Federal Constitution, the Higher Education Minister Khalid Nordin allocates scholarships to 363 foreign Muslim students to study in local Universities and upon completion they are to be given the opportunity to work here and the option to take up Malaysian Permanent Residence status (Malaysian Nanban 6/7/2010 page 1). In University Institute Technologi Mara (UITM) out of the 200,000 places, 10% are allocated to foreign Muslim students while even the sixth generation Malaysian born Indian students are completely denied entry. This is Najib Razak’s One Malaysia policy.
About 7,600 students were identified as “Excellent Students” or “Pelajar Cemerlang" upon the SPM results being announced this year (2010). There are 40,000 Matriculation seats available (UM 2/11/08 at page 4). Surely all 7,600 students should have secured places in matriculation colleges at the very least and there should have been zero complaints. But we alone have 67 SPM, STPM and Polytechnic students in our list who have complained to us that they were denied JPA scholarships, Matriculation and University places.
The above cases are only the tip of iceberg. We estimate 2,237 top and high achieving Indian students who have been denied JPA and other Scholarships, Matriculation & University places for the 2010 academic year.
DYMM Tuanku, we request the pre University STPM to be Abolished and create a one pre-university examination in One Malaysia for all Malaysian students so that the higher education opportunities are given out fairly to all deserving students especially so as not to exclude and segregate the Indian poor.
As it is education, which is the responsibility of the federal government (and similarly by any other government in any other part of the world), it is not fair because it is race, supremacy and segregation based as opposed to what should rightly be needs based. Through one Google or Wikipedia search the whole world would know that our education system is not fair. How can it be fair when we have different pre-university programmes? Many qualified poor Malaysian Indian students have been denied their basic rights to higher education in contravention of Article 8 (Equality before the law) and Article 12 (no discrimination in higher educational institutions entry financed by the government) of the Federal Constitution. They have to go through the tougher path of STPM without any guarantee of securing a place in the Universities. They are growing up with inequality and injustices in every corner of their lives. How then do they become a part of the true meaning of One Malaysia?
Whereas almost all Malay Muslim students opt for the matriculation programmes. Almost all of the over 40,0000 places in the eleven Matriculation colleges nationwide are reserved for malay muslim students in the 10 month course as opposed to the two year STPM course (Wikipedia). This has become a source of contention because matriculation students, who will enter university one over year earlier compared with their STPM peers, are considered on equal standing with STPM only in Malaysia for the purposes of University admission though it is significantly easier than STPM with a streamed down Form 6 syllabus.
Not all applicants for matriculation are admitted and the selection criteria have never been made public which has led to the perception that the entry has not been fair. The matriculation programme is not as rigorous as the STPM. The matriculation programme has come under some criticism as it is the general consensus that this programme is much easier than the sixth form programme leading to the STPM and serves to help malay muslim students enter the public university easily. Having been introduced after the supposed abolishment of racial quota based admission into local public Universities, the matriculation programme continues the role of its predecessor, albeit in a modified form. It is considered easier because in the matriculation programme the teachers set and mark the final exams that their students sit for whereas in the STPM the final exam is standardised and exam papers are exchanged between schools in different states to ensure unbiased marking. Also, the matriculation programme adopts a semester basis examination (2 semesters in the programme) whilst STPM involves only one final examination, covering all 2 years’ syllabus in one go. The scope and depth of the syllabus in matriculation is also lesser to that of STPM. The disparity between the programmes does not end there, for it is a known fact that in critical courses offered by local public universities (such as Medicine, Pharmacy, Dentistry, Engineering, Accountant, Law, Bio Science etc), almost 70% of the students comprise matriculation students. On the contrary, STPM students form the majority in courses which are less in demand, such as a Bachelor in Science. Defenders of the matriculation programme have described the two programmes as distinct and different, drawing the analogy of an apple and an orange. However, having served the same purpose (i.e. as an entrance requirement to Universities), we criticize the matriculation programme as a blatant practice of double standards.
The following is a fact – bright Indian students are systematically denied their entitlements for Government Scholarships, for admission to Public Universities especially in critical courses and for the Matriculation programme and this is becoming a more serious problem as more Indian students begin to excel academically as has been highlighted by HRP in the past few weeks.
Our sincere question is why does the UMNO led Government not become transparent about the selection process? Why do we need double standards in 1 Malaysia? Why hasn’t the public Universities and scholarship list and it’s selection criteria not been made transparent and public?
DYMM Tuanku, 70% of the Indians are from the poor and hardcore poor, category and the only way for them to break out of poverty is through education and they are denied even this very basic right.
DYMM Tuanku, we request that the JPA Scholarships, Matriculation, University seats and PTPTN loans selection committee should be headed by United Nation nominated official so that no Malaysian is denied their constitutional rights as per our Federal Constitution.
We humbly request for Your Royal Highness to constitute a Royal Commission of Enquiry further to Article 93 of the Federal Constitution to address the exclusion and segregation of especially the poor even the sixth generation Malaysian born ethnic minority Indian students from JPA, Mara, Petronas, 13 Yayasan Negeri, Yayasan TNB, Telekom Malaysia, Bank Negara, Sime Bank and other Scholarships, PTPTN study loans, Matriculation and University places.
We hereby enclose herewith:-
1) Our list containing a total of 69 SPM, STPM and Polytechnic top and high achieving students who have been denied of their constitutional rights to education.
2) A total of 31 Nationwide Police reports lodged by concerned citizens against the Prime Minister, Deputy Prime Minister (Education Minister) and Higher Education Minister on the exclusion and segregation of especially the poor Malaysian Indian students of JPA scholarships, PTPTN loans, Matriculation and University places.
3) A total of 14,207 signatures from Malaysian citizens supporting this, our proposal to constitute a Royal Commission of Enquiry.
We hereby look forward to a Royal Commission to be constituted within two weeks as this is a matter of urgency and in the general public interest and long outstanding. We look forward to your favorable reply on this critical Indian problem at your earliest convenience.
Daulat Tuanku!
Thank you
Yours sincerely,
…………………………
S.JAYATHAS
Information Chief
Human Rights Party Malaysia HRP (pro tem) and HINDRAF
Note Relevant Article in the Federal Constitution:
93) Inquiries, surveys and statistics.
(1) The Federal Government may conduct such inquiries by Commission, authorize such surveys and collect and publish such statistic.
Article 93 read together with the Commission of Enquiry Act, 1950 (Act 119) – An Act to make provision for the holding of commissions of enquiry.
Act 119(2) Issue of Commissions.
(1) The Yang di-Pertuan Agong may, where it appears to him to be expedient so to do, issue a Commission appointing one of more Commissioners and authorizing the Commission to enquire into:-
(a)   The conduct of any federal officer:
(b)   The conduct or management of any department of the public service of the Federation:
(c)    The conduct or management of any public institutions
(d)     Any other matter in which an enquiry would, in the opinion of the Yang di- Pertuan Agong, be for the public welfare

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