Silencing Human Rights lawyer by getting him committed to a mental institution?

They are trying to get a Human Rights lawyer committed to a mental institution in Singapore, it seems. In Malaysia, to date, the worse that they have done is to just lock you up using the Detetion Without Trial law like the ISA. That is what they have done to our Uthayakumar, Manoharan and the the others.

But, in Singapore where the government is more draconian - and freedoms are near non-existent, they are now trying to silence human rights lawyer M.Ravi by getting him to be committed to a mental institution.

In Malaysia, the Malaysian Bar would have come out in defence of the lawyer - but not in Singapore where the Bar is far from independent - and also sadly not fearless in upholding the cause of justice.

I have met and spoken to this M. Ravi, and I must state that he is a passionate Defender of Human Rights. He also advocates for the abolition of the Death Penalty - and he is certainly not 'mad' in the medical sense. I see this as just another attempt by the government of Singapore to bury once and for all this 'pain in their butt'.

The Malaysian Bar, Civil Society Groups, Human Rights Defenders and all good people must come forth to protest what is being done to Human Rights Defender M Ravi.

Lawyer fails to get himself out of IMH
Saturday, 06 September 2008, Straits Times,
by Selina Lum

A LAWYER sent to the Institute of Mental Health (IMH) for three weeks of
psychiatric observation failed in a High Court bid yesterday to have
himself released.

Shackled and handcuffed, M. Ravi spent more than an hour arguing his case
from the dock, during which he revealed that an IMH psychiatrist diagnosed
him as bipolar.

Ravi, 39, who often referred to himself in the third person, claimed his
continued detention at IMH was unlawful.

'The petitioner M. Ravi is a passionate lawyer with a highly stressful
practice,' he said. 'His detention is unprecedented.'

His arguments were rejected by Justice Tay Yong Kwang, who saw no reason to
overturn the earlier orders of two district judges.

Ravi faces two criminal charges of disturbing a religious prayer session
and harassment stemming from an incident at a Chinatown mosque last month.

He was sent to the IMH for observation on Aug 18. He was admitted under a
provision that allows an accused person suspected to be of unsound mind to
be detained for observation at a mental hospital for up to a month.

On Sept 1, he filed a High Court application to be released from the IMH
and also complained of being ill-treated at the hospital.

Yesterday, Ravi said he would not be pursuing his 'unsatisfactory
treatment' at IMH as things have since improved.

He argued that the law allows someone to be detained only for observation
and diagnosis, not treatment.

He contended that since he had been diagnosed, his detention should come to
an end.

He insisted he was of sound mind even though he may have made irrelevant
arguments in the past.

'I am lucid and clear in my law, in my mind and in my conscience,' he said.

IMH lawyer Kuah Boon Theng said DrKenneth Koh needs more time to complete
his evaluation of Ravi's condition.

Ms Kuah noted that Ravi, who was first diagnosed in 2006 as bipolar, had
episodes during which he would 'lose his ability to control his actions'.

She also noted that he has repeatedly refused to take his medicine in IMH.

The case so far

Aug 11: M. Ravi is charged in court. Prosecutors want him to be sent for
psychiatric assessment but the request is denied by District Judge Carol Ling.

Aug 15: Prosecutors try again, submitting a list of 14 incidents involving
Ravi. The case is adjourned after Ravi makes strange comments in court such
as claiming that the prosecutor is the one of unsound mind.

Aug 18: Judge Ling revokes Ravi's $8,000 bail and orders him to be sent to
the Institute of Mental Health (IMH).

Aug 28: IMH psychiatrist Kenneth Koh writes to the court, saying he needs
more time to evaluate Ravi, who is 'still unwell'.

Sept 1: District Judge Victor Yeo extends Ravi's IMH stay for another two
weeks. On the same day, Ravi files a High Court application against seven
parties: the Attorney-General, Police Commissioner, prisons director, Home
Affairs Minister, Singapore President, Asean Secretariat and IMH director.

Sept 5: Justice Tay Yong Kwang dismisses Ravi's application to be released
from IMH.

And the latest report is that 

Lawyer M Ravi held on further remand in IMH till Sep 15
By S Ramesh, Channel NewsAsia | Posted: 01 September 2008 1614 hrs

SINGAPORE: Lawyer M Ravi will be further remanded in the Institute of Mental Health (IMH) for another two weeks until September 15.

When his case came up for mention on Monday in the Subordinate Courts, the Deputy Public Prosecutor told the court that the IMH report on Ravi was not ready and the hospital needed to examine him further.

But Ravi, through his lawyer Violet Netto, argued that his own private psychiatrist was the best person to evaluate him as he had been seeing the doctor since 2006.

Ravi was charged in court on August 11 with disturbing a religious assembly.

The lawyer, who has represented the Singapore Democratic Party in previous civil cases, was allegedly disrupting evening prayers at the Jamae Chulia mosque on August 3 at about 7.30pm.

The police said the lawyer is known to have behaved violently and abusively at places of worship, the Subordinate Courts, and other public areas.

- CNA/yb

Happy Onam to all Malaysian Malayalees...

In Malaysia, for the non-Indian every Indian is the same - and that is far from true. There are many different Malaysians descendants of different ethnic groups originally from India. We have the Tamils, the Malayalees, Telugus, Goanese, Sindis, Gujuratis, Punjabis, ....and they all also have different language and cultural practices.

The Chinese is also the same - Hokkien, Teochew, Hakka, Hainanese, Cantonese, ...

And as such, it may be better to stop saying "Malaysian Indians" - and maybe calling them Malaysians only - and if must know about ethnic origins - then maybe we should say Malaysian Malayalee, Malaysian Telugu, Malaysian Hakka, Malaysian Tamil, ....Malaysian Bugis, Malaysian Batak,.. maybe this may be better.

What is also interesting about the Malaysian Malayalee community is that religion is not at all a divisive factor. In all Malayalee groups, you will find Hindus, Christians and Muslims mingling together and functioning as one.

Anyway, today is Onam - a celebration for the Malaysian Malayalee community - and many have not heard of Onam, ...so, I went and scanned the internet and here is some information about Onam - the festival of the Malaysian Malayalees (who also do have their own calendar...)

What is Onam?

Onam is the biggest and the most important festival of the state of Kerala. It is a harvest festival and is celebrated with joy and enthusiasm all over the state by people of all communities. According to a popular legend, the festival is celebrated to welcome King Mahabali, whose spirit is said to visit Kerala at the time of Onam.

Onam is celebrated in the beginning of the month of Chingam, the first month of Malayalam Calendar (Kollavarsham). This corresponds with the month of August-September according to Gregorian Calendar.

Carnival of Onam lasts from four to ten days. First day, Atham and tenth day, Thiruonam are most important of all. Popularity and presentation of rich culture of the state during the carnival made Onam the National Festival of Kerala in 1961. Elaborate feasts, folk songs, elegant dances, energetic games, elephants, boats and flowers all are a part of the dynamic festival called Onam.

Government of India has taken due notice of this vibrant and colorful festival. It promotes Onam internationally in a big way and celebrates 'Tourist Week' for Kerala during Onam celebrations. Thousands of domestic and foreign tourists visit Kerala to be a part of Onam.

The Legend
Story goes that during the reign of mighty asura (demon) king, Mahabali, Kerala witnessed its golden era. Every body in the state was happy and prosperous and king was highly regarded by his subjects. Apart from all his virtues, Mahabali had one shortcoming. He was egoistic. This weakness in Mahabali's character was utilized by Gods to bring an end to his reign as they felt challenged by Mahabali's growing popularity. However, for all the good deed done by Mahabali, God granted him a boon that he could annually visit his people with whom he was so attached.

It is this visit of Mahabali that is celebrated as Onam every year. People make all efforts to celebrate the festival in a grand way and impress upon their dear King that they are happy and wish him well.

Onam Celebrations
Rich cultural heritage of Kerala comes out in its best form and spirit during the ten day long festival. It is indeed a treat to be a part of the grand carnival. People of Kerala make elaborate preparations to celebrate it in the best possible manner.

The most impressive part of Onam celebration is the grand feast called Onasadya, prepared on Thiruonam. It is a nine course meal consisting of 11 to 13 essential dishes. Onasadya is served on banana leaves and people sit on a mat laid on the floor to have the meal.

Another enchanting feature of Onam is Vallamkali, the Snake Boat Race, held on the river Pampa. It is a colourful sight to watch the decorated boat oared by hundreds of boatmen amidst chanting of songs and cheering by spectators.

There is also a tradition to play games, collectively called Onakalikal, on Onam. Men go in for rigorous sports like Talappanthukali (played with ball), Ambeyyal (Archery), Kutukutu and combats called Kayyankali and Attakalam. Women indulge in cultural activities. They make intricately designed flower mats called, Pookalam in the front courtyard of house to welcome King Mahabali. Kaikotti kali and Thumbi Thullal are two graceful dances performed by women on Onam. Folk performances like Kummatti kali and Pulikali add to the zest of celebrations.

The celebration of Onam resounds and chants the following song all over Kerala:

“

When Maveli, our King, ruled the land, All the people had equality. And people were joyful and merry; They were all free from harm. There was neither anxiety nor sickness, Death of the children was never even heard of, There were no lies, There was neither theft nor deceit, And no one was false in speech either. Measures and weights were right; No one cheated or wronged his neighbor. When Maveli, our King, ruled the land, All the people formed one casteless race.

”

Blogger charged without evidence - an Urgent Appeal

When there is an injustice and a violation of human rights all good persons irrespective of nationality, ethnicity, religion, political affliation... will act to right the wrong and liberate the oppressed..

Below is an Urgent Appeal by the Asian Human Rights Commission - it gives the good person a means of Acting for human rights and justice. (Would be good, if you could directly subscribe to their mailing list - and act for justice and human rights whenever required... your letter/email/etc will make a difference)

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Urgent Appeal Case: AHRC-UAC-204-2008

12 September 2008
---------------------------------------------------------------------
BURMA: Blogger charged without evidence for upsetting tranquility during protests

ISSUES: Rule of law; rights to liberty and security; military government; judicial system; illegal detention; freedom of expression
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has been closely following the case against a blogger in Burma who has been arrested and charged in connection with last year's monk-led protests. The blogger, Nay Phone Latt, has been charged with distributing material to upset the public tranquility, but like in other cases of this sort there is not sufficient evidence against the accused, and he was also interrogated in army custody and sent for trial in a closed court.

CASE DETAILS:

Nay Phone Latt in 2007 set up a small Internet shop at his house in Rangoon. Later in the year, he was involved on the sidelines of the protests against the military government.

Nay Phone Latt was arrested at the end of January 2008 and accused of having defaced images of national leaders, writing and cartoons in his email inbox and having distributed these in order to upset the public tranquility. According to the police, in December 2007 when he went to Singapore he also met political activists and went to see the "Four Fruits" (Thi Lay Thi) entertainment troupe, whose CDs of performances he copied and passed to others, among other things.

There is as in other cases arising from last year's protests a range of problems with the cases against Nay Phone Latt. To begin with, first the police have not presented any evidence that he had himself been responsible for distributing any of the contents that they found in his email inbox, which he had received from elsewhere, not made himself. He did not post any of them or anything else inflammatory to his blog (http://nayphonelatt.blogspot.com). Secondly, the information given by the police on events in Singapore are irrelevant to the cases that have been lodged against him. Thirdly, the entertainment troupe had up to the time that it went to Singapore had its CDs freely sold in Rangoon. Fourthly, Nay Phone Latt was interrogated and detained at an army camp, a fact acknowledged by the investigating officer in his testimony, which is a flagrant violation of the law on evidence. And finally, fifthly, the case was yet again heard i

Nay Hpone Latt has been charged by the same police officer that has brought the case against Win Maw for having contact with an overseas radio station (AHRC-UAC-200-2008). However, it is not only the investigating officer who is the same. The so-called witnesses of the search conducted in the two cases also are exactly the same people, although the arrests and searches took place weeks apart. The purpose of having two people act as witnesses is so that there is an independent account of police actions in conducting a search. But this police officer is evidently taking his own "witnesses" along with him to multiple searches and arrests to have them fill out the form for him as required by procedure and without any regard to the purpose of having the witnesses there.

ADDITIONAL INFORMATION:

The AHRC has been documenting cases of illegal arrest, detention and prosecution since the nationwide protests in Burma last September and has in recent months also issued a number of other recent cases of young women imprisoned under similar circumstances and on similar charges, including the cases of three men who harboured a monk (AHRC-UAC-188-2008), Kam Lat Koat and two others (AHRC-UAC-177-2008), Ko Htin Kyaw (AHRC-UAC-146-2008), U Ohn Than (AHRC-UAC-131-2008), Honey Oo and Aung Min Naing (AHRC-UAC-083-2008), Ko Thiha (AHRC-UAC-052-2008) and Khin Sanda Win (AHRC-UAC-022-2008).

Similarly, it has been following the growing number of arrests and legal actions taken against persons who have launched their own cyclone relief operations since May. See on the arrest of human rights defender U Myint Aye and two others: AHRC-UAC-183-2008.

For links and other material on the protests in Burma of August and September 2007 see: http://campaigns.ahrchk.net/burmaprotests/

See also the comprehensive report on Burma: "Burma, political psychosis and legal dementia" issued by the AHRC’s sister organisation and the 2007 AHRC Human Rights Report chapter on Burma.

SUGGESTED ACTION:
Please write to the persons listed below to call for the charges against Nay Phone Latt to be dropped. Please note that for the purpose of the letter, the country should be referred to by its official title of Myanmar, rather than Burma, and Rangoon as Yangon.

Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteurs on Myanmar and independence of judges and lawyers as well as the UN Special Representative on human rights defenders, the UN Working Group on arbitrary detention and the regional human rights office for Southeast Asia, calling for interventions into this case.

SAMPLE LETTER:

Dear ___________,

MYANMAR: Man arrested and charged for blogging on September 2007 rallies

Details of accused: Nay Phone Latt, a.k.a. Ne Myo Kyaw, Internet franchise owner, ID No. 12/KaTaTa(Naing)026013, Thuwanna-thanthumar Main Road, Thingangyun Township, Yangon
Investigating officer: Police Major Ye Nyunt, No. LA/58188, Special Branch
Charge and trial: Charged under section 505(b) of the Penal Code with upsetting public tranquility; section 32(b) of the Video Act; sections 33(a) & 38 of the Electronic Transaction Law 5/2004; Felony Case Nos. 69-72/2008 Yangon Western District Court, Judge Daw Soe Nyan, Deputy District Judge, No. Ta/1761 presiding

I am sorry to hear of a man who has been arrested and charged for having blogged on the unrest in Myanmar of August-September 2007 and am appealing to you for his immediate release.

According to the information that I have received, Nay Phone Latt was arrested at the end of January 2008 and accused of having defaced images of national leaders, writing and cartoons in his email inbox and having distributed these through the Internet. According to the police, in December 2007 when he went to Singapore he also met political activists and went to see the "Four Fruits" (Thi Lay Thi) entertainment troupe, whose CDs of performances he copied and passed to others.

From what I have learned, there are a number of very serious defects with the cases against Nay Phone Latt, including but not limited to the following:

First, the Special Branch police have not presented any evidence that he had himself been responsible for distributing any of the contents that they found in his email inbox, which he had received from elsewhere, not made himself. The fact that he distributed such material with intent to upset public tranquility is very important to the case. That he had it in his email box alone is not sufficient.

Secondly, the information given by the police on whatever the accused did or didn't do in Singapore is plainly irrelevant to the charges against him, which all relate to events under the domestic law, and so it should have been omitted from the trial process completely.

Thirdly, the investigating officer admitted during his testimony to the court that Nay Phone Latt had been interrogated and detained at an army camp, which is a flagrant violation of Evidence Act (sections 25-26).

Lastly, the case was yet again heard in a closed court inside the Insein Prison, rather than in an open court as required under the Judiciary Law 2000, for reasons that I am not able to understand as the accused clearly does not comprise a security threat to the state in Myanmar and there is no reason that his case should be heard behind locked doors.

I also note with interest that the two "witnesses" identified as having been present for the search of Police Major Ye Nyunt on the defendant's premises are not independent. They have appeared also in other cases for this police officer against detainees from last year, and their continued use by this officer is obviously a scam and a sham to have his people witness events for the sake of records.

In light of this patent lack of evidence and defects with the prosecution witnesses I urge that the court close the case and release the accused immediately. In the event that the court itself fails to do so I urge the Supreme Court of Myanmar to give directions to this effect in accordance with its powers as established by the new Constitution of Myanmar 2008.

I likewise call for the Attorney General to review the case and instruct the concerned law office to withdraw the case from the court as per section 4(b) of the Attorney General Law 2001, and for the Minister of Home Affairs and Director General of Police also to look into the matter both with a view to seeing the case withdrawn and also in order to review the work of their subordinates, in particular, that of Police Major Ye Nyunt whose work for Special Branch, which is supposed to carry a long and fine tradition, is nothing more than an utter shambles and a fraud.

Finally, I take this opportunity to remind the Government of Myanmar of the need to allow the International Committee of the Red Cross access to places of detention and not least of all, access to those persons and forcibly disrobed monks and nuns who have been held in violation of criminal procedure and without charge or trial since the events of last September.

Yours sincerely

---

PLEASE SEND YOUR LETTERS TO:

1. Maj-Gen. Maung Oo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439

2. Lt-Gen. Thein Sein
Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Tel: + 95 1 372 681
Fax: + 95 1 652 624

3. U Aung Toe
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145
Fax: + 95 67 404 059

4. U Aye Maung
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106

5. Brig-Gen. Khin Yi
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +951 549 663 / 549 208

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

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Asian Human Rights Commission
19/F, Go-Up Commercial Building,
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Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367

Rajeshvari Scandal : PM need assure us no other cases like this...

If you ask me now, what is my NRIC number - I will not able to recite it from memory - I need to look at it. It is now a 12-digit number. Previously, the old NRIC number was only 7 numbers.

So, not knowing the NRIC number is no justification for arresting some 6-month pregnant women having coffee in a coffee-shop in Brickfirelds and thereafter sending her to some detention camp for undocumented migrants.

From the initial report, I thought that this woman had difficulty communicating in Bahasa Malaysia - but alas she could speak BM. She did tell them her address, her previous school,etc -- "but they did not believe her..." WHY?

As one: Rajeshvari holding her temporary IC as her mother Parameswari and her sister Vigneswari who is holding Logekali look on. - Star, 10/9/2008 -Rajeshvari and son meet her mother and sister

Now, even if she could not speak Bahasa Malaysia, then surely there should have been interpreters available - not just at the police station, but also at the courts and the Immigration Detention Centress.

I wonder what would have been happened if she was disabled - not having the capacity to speak... (or even communicate...)

Rajeshvari, who was six-months pregnant then, was detained by a police party while waiting for a relative at a coffee shop in Brickfields last October.

They had mistaken her for a Sri Lankan immigrant despite her repeated pleas that she was a local. She gave birth to a boy, Logekali, while in detention.

“I know it’s my fault that I could not produce or remember my IC number but I did give the officers my address and school’s name only to be told that these did not exist,” she said.

She claimed she told them this several times in Bahasa Malaysia but they did not believe her.

“I was never a bright student and left school at 13 but I can still converse in basic Bahasa,” Rajeshvari added. - Star, 10/9/2008 -Rajeshvari and son meet her mother and sister

Come now, good guy Malaysian Indian Youth Council vice-president Andrew Raju (this is not MIC) could so easily verify the fact that she was indeed a citizen - and get her release recently. She got arrested 6-months pregnant, and when she came out she was with 10-month old baby boy.

Rajeshvari was released from the depot in Seremban on Friday after Malaysian Indian Youth Council vice-president Andrew Raju got her birth certificate details from her primary school in Kampar.- Star, 8/9/2008- Suhakam raps Immigration

It is baffling that a non-governmental organisation took only one day to verify that a suspected illegal immigrant was Malaysian when the arresting authority could not.

“They had her for a total of 11 months and they were unable to verify her claim that Rajeshvary Murugiah was a Malaysian.

“Unlike them, Andrew (Raju of the Malaysian Indian Youth Coun­cil) who met her at the clinic after she fell ill was able to confirm she was Malaysian by going to the Re­gistration Department,” said Su­­hakam commissioner Datuk N. Siva Subramaniam when contacted. - Star, 11/9/2008 -Inability to establish Rajeshvari ID baffling

At, the end of the day, it really goes down to attitude - and this "do not care" attitude of public servants and the courts is shocking. There must be a thorough investigations, and disciplinary actions must be taken against all those responsible.

I am shocked with the attitude of the Immigration Department enforcement chief Datuk Ishak Mohamed, as reported:-

However, Immigration Department enforcement chief Datuk Ishak Mohamed said that the burden of proof of citizenship was on the person suspected of being an illegal immigrant.

“The new Criminal Procedure Code also allows the suspect to make phone calls to anyone who can help,” he said, pointing out that the police had picked her up, not Immigration officials.

“But, please, don’t tell me that after 22 years, you cannot speak Bahasa Malaysia? You mean she would not know how to sing Negaraku either?” he added. - Star, 8/9/2008- Suhakam raps Immigration

So, what is he saying here? If I cannot speak Bahasa Malaysia - then I am presumed not to be a Malaysian. Hello, there are many Malaysians who are not able to speak Bahasa Melayu... (In any event, Rajeshwari did communicate in Bahasa Melayu - but they did not care - they did not believe her... You should have checked ...investigated... It is sad also that the Immigration guy is now allegedly trying to shift the blame...

When did being able to sing the Negaraku a proof of being a Malaysian citizen? Was Rajeshwari even asked to sing the national anthem? He is just talking non-sense. Wonder whether this Ishak Mohamad can sing the Negaraku - and we should maybe just detain him if he cannot sing it right. Absurd comment by a Malaysian public officer. Embarassing further because that man is the 'enforcement chief'.

I believe that there may be other Malaysians (irrespective of whether they are citizens or Permanent Residents) who are currently being detained wrongly in the Immigration Detention Centres - police lock-ups, etc....and after the Rajeshwari scandal, I have very strong basis for saying so.

What we need now if for an immediate check and verification of all persons being detained at these Detention Centres, lock-ups, remand prisons, etc

We MUST Liberate immediately all that are being wrongly detained...it may be Malaysians, those with PR status, Migrants who are here legally, Refugees, Asylum seekers..

Home Minister Syed Hamid Albar needed to urgently focus his attention on this matter of great concern - not bother too much about how Anwar investigations is proceeding. I believe the police and the Immigration Department comes within his Ministry..

The courts of course comes under the Judiciary and our good old AG Ghani Patail...

I believe the Prime Minister or his Minister immediately assure us within SEVEN DAYS that in our Detention facilities in Malaysia, there no more Rajeshwari's and 10-month old babies or others wrongly detained..

SUHAKAM has the power to go and check this Detention centres - so stop just making statements. HR Commissioners shall immediately go visit ALL Detention facilities and ensure that there are currently NO ONE else being wrongfully detained.

I believe that this also is a matter for Anwar and his Pakatan Rakyat parties. They should also be concerned about this matters that affect ordinary Malaysians and/or persons - not just the taking over of the reigns of power from the BN.

Name calling and saying hurtful things is one thing - but denying wrongly the liberty of a person for over 11 months is so much more serious, I believe.

Congrats and thanks to that unidentified medical staff, who brought the matter to Andrew Raju's attention.

Thanks Andrew Raju for your care and concern that ended the injustice & suffering of Rajeshwari & 10 month old Logekali.

Thank you to the Star for highlighting this issue - giving us all the opportunity now to ensure that all those wrongfully detained be released soonest - liberated from the suffering they may have had to endure by reason of the attitude, negligence and failings of some public servants and court officials... - and of course the blame is on current BN government and its PM.

Did UMNO respect Ahmad Ismail's rights? What about the others...

Action has been taken against Ahmad Ismail - and many may be pleased at the speed in which action was taken by UMNO - and the BN

BUT I wonder as to whether there was any proper and fair Disciplinary Proceedings (Domestic Inquiry Procedure).

Was there a charge framed by UMNO against member Ahmad Ismail?

Was Ahmad Ismail given the opportunity to defend himself?

This suspension looks like the final order - it is not a suspension pending the Disciplinary Proceedings. This, I believe would have been more reasonable and fair...

Was what that Ahmad Ismail did a 'misconduct' - a misconduct found in the rules and constitution of the UMNO society? That is the question.

With regard the police report made - the police must continue investigations and if there is sufficient evidence, then Ahmad must be charged in court...

Remember UMNO is but a society - and Ahmad Ismail is a member...

The supreme council stripped him of his position as Division Chief - it is OK if it is an appointed position, but, I believe, not so OK if it was post that he won by election...

Umno has suspended Bukit Bendera division chief Datuk Ahmad Ismail from the party for three years over his alleged racist comments.

He has been stripped of his division chief post and all its rights as a member. Thus, he cannot vote in the coming party elections, cannot contest for posts and will not be able to attend the Umno general assembly during the three-year period.

The suspension is effective immediately.

Prime Minister and Umno president Datuk Seri Abullah Ahmad Badawi announced the decision Wednesday after a special supreme council meeting convened specifically to discuss Ahmad’s case.

The action was taken in accordance with Section 20(9) of the party constitution. - Star, 10/9/2008, Umno suspends Ahmad three years (full update)

I remember seeing the picture of the man who did the tearing of Koh's picture - and it looked to me as not being Ahmad Ismail - will UMNO take any action against him?

What about the other Division leaders who were there with Ahmad Ismail when the 1st and 2nd media statement was made - surely disciplinary actions will also be taken against them as well - very unfair and discriminatory, I think, if only Ahmad Ismail is made to pay for the wrong/s.

It is interesting that after the Ahmad Ismail incident/s, MCA is now highlighting the fact that Chinese who fought and lost their lives for Malaysia... (It would have been very Malaysian if MCA had also highlighted the fact that other ethnic groups also did fight and lose their lives...)

BUT too late...because only after GE2008, MCA is talking about all this -

Is it in the history books of our children today? If it is not, can we not say that MCA has failed? Oh yes, not just MCA but also MIC, PPP, GERAKAN, and all the other component parties...

The various political parties of the ruling BN should have made sure that our children from independence was taught the complete Malaysian history - that recognised the contributions of Malaysian of different ethnic/religious/cultural groups...

I, too, was unaware of the fact that about 300,000 Malaysian Chinese lost their lives in the fight to liberate Malaysia from the Japanese occupation... why was it not in the history books. Surely there will be some names of the heroes of this time. Ka Chuan should tell us...

If we were to go the government sites, we find that there is little mention about the heroes of other than Muslim Malay persons.There is almost no mention about the people that fought the Japanese...about the MPAJA, etc...

It is because of the failure of MCA. MIC, GERAKAN, etc...and all the BN component parties that we have people like Ahmad Ismail who have a warped understanding of Malaysian history - of not knowing and appreciating the contributions made by Malaysians irrespective of ethnic groups and religion.

MCA secretary-general Datuk Seri Ong Ka Chuan said his statement that some 300,000 Chinese had sacrificed their lives fighting for the country during the Japanese Occupation was based on facts and figures. "There are many documents and books written on the subject and anyone disputing the incidents which occurred during the Occupation and World War 2 should refer to them," he said referring to a book entitled Red Star Over Malaya, written by Professor Cheah Boon Keng of Universiti Sains Malaysia. - New Straits Times, 10/9/2008 -Statement is based on history, says Ong

Wakil Rakyat should have freedom of speech in State Assemblies...

This is absurd that a ADUN/MP is required to stick to the prepared text - and not have the freedom of expression...

Of course, if it were with regard a question that is to be answered by the Minister or State Exco - one should maybe not deviate into some other question - but surely if in their preamble and other matters leading to their question, they should have the freedom to add-on, take-out, or even raise more facts - there should be no requirement that one should ONLY follow the prepared text - after all this is not a written question - but an oral question. There must always be freedom of expression in Parliament and State Legislative Assemblies...

Johor DAP chairman Dr Boo Cheng Hau was publicly reprimanded in the Johor state assembly here for not following his prepared speech.

Speaker Datuk Ali Hassan had to repeatedly remind Dr Boo to not “go off topic” while reading his speech.

“You must follow your prepared text. You must respect the state assembly rules, which clearly state that the speech must follow the prepared text,” Ali told Dr Boo during the state assembly meeting here yesterday.

Dr Boo, who initially would not back down, said such action was undemocratic.

During the exchanges Ali asked Dr Boo to sit down then told him that as an educated man he should know better; he should respect the state assembly and follow the rules.

“Please do not cause further commotion and make this issue bigger than it really is.

“The text must be followed,” Ali said, granting Dr Boo extra time to speak.

Dr Boo was commenting on the huge debts accumulated by the Johor Government. - Star, 10/9/2008 - Speaker raps DAP’s Boo

And for the sake of fairness, the rest of the said report is as follows. It highlights how Johor BN government all the way owes the Federal Government about RM841 million...

State governments must learn to survive with what they have and make, and with what they are allocated annually from the Federal government - especially a rich State like Johor.

An accumulation of such an high debt is unacceptable - and mind you when Pakatan Rakyat takes over the Johor government , they too will end up burdened with these large debts...

Mentri Besar Datuk Abdul Ghani Othman said in his reply that the state government owed the Federal Government some RM841mil, with RM689mil due to debts accumulated through government agencies such as Syarikat Air Johor Holdings (SAJH).

“The debts from the government agencies had been transferred into the form of grants, which were mostly used to fund projects to supply water to rural areas.

“The amount will be deducted from the grants allocated to the state government annually,” he added.- Star, 10/9/2008 - Speaker raps DAP’s Boo

Johor State Government owes the Federal Government about RM841 million - and who else does it owe? What really is the total debt of the Johor State Government?

What really is the total debt of all State Governments - I believe that all State Governments need to be more transparent and accountable.

Their annual accounts must be shown to the people . It should be available on their website.

The minutes of the State Assembly Proceedings must be available on the website.

In fact, decisions made by the State Exco must also be available on the website - especially those policy decisions.

The State Governments, and the Federal Government, in an ICT age must use the internet and their own official websites to communicate with its people.

In Thailand, there are such thing called Cabinet Resolutions - and it made known to the public - and it is also something that the people can rely on to claim rights. In Malaysia, we do not have such things - and it is difficult for the people to know what is the policy and/or decision of the government on matters - all we have is news reports and that is so unreliable. We need to have definite pronouncements of policy and decisions by governments - at all levels - Federal, State and even at the Local Government levels.

Bar Council speaks about the legitamacy of "crossing over"

Thought that it might be interesting for us to have a look and see what the Bar Council has to say about 'cross-overs' of wakil rakyats - from one party to another...

Malaysian Bar Council
____________________________________

No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
E-mail: council@malaysianbar.org.my
Website: http://www.malaysianbar.org.my

---

Press Statement: The Bar is apolitical

The Bar Council refers to the statement by UMNO Youth's Datuk Abdul Rahman Dahlan reported at page 4 of the Star dated 8 September 2008 in relation to the issue of "cross-overs".

The Bar never participates in party politics nor in partisan politics. Thus, the Bar has deliberately declined to comment on the political issues facing the nation. Nonetheless, the public goading by the Datuk Abdul Rahman Dahlan and queries by the Press have necessitated a response. Hence, this comment is strictly limited to the legal issues raised by the subject of political cross-overs.

Cross-overs are not new in Malaysia. The law of the land in relation to "cross-overs" has long been settled in the case of Dewan Undangan Negeri Kelantan & Anor v Nordin Salleh & Anor decided in 1992 by a 5-member panel of the Supreme Court, our highest Court. The Court struck down provisions of the Constitution of the State of Kelantan that sought to prevent such cross-overs on the basis that it offended the fundamental right to freedom of association enshrined in Artcle 10 (1) (c) of the Federal Constitution.

In the case of Nordin Salleh, the plaintiffs were elected to the Kelantan State Assembly during the 1990 General Elections on the PAS ticket. The plaintiffs subsequently resigned their memberships in PAS, and joined the Barisan Nasional. The Supreme Court decision upheld the constitutional right of the Plaintiffs to "cross-over" to Barisan National and held that the right to freedom of association under the Federal Constitution includes the right to disassociate. Similar situations have arisen in the State of Sabah in 1994 when members of the Sabah State Assembly from the PBS crossed over to Barisan Nasional thereby reversing the original majority in favour of the PBS to the Barisan Nasional.

As it stands therefore there is no legal impediment to "cross-overs" by members of political parties.

Dato' Ambiga Sreenevasan
President
Malaysian Bar
9 September 2008

***

I do not think that the the Bar is or should be apolitical. I do not believe that the Bar never really intended to state that it was apolitical.

The Bar is independent - not belonging or supporting any particular political party or coalition.

APOLITICAL - certainly not. The Malaysian Bar, the Bar Council or each and any Malaysian must definitely be political. (Politics is certainly not just about political party and general elections,....)

All of us have to be concerned and interested in all aspects of Malaysian society - economic, social, political, etc...

Meaning of 'apolitical' according to Merriam-Webster online dictionary

1: having no interest or involvement in political affairs; also : having an aversion to politics or political affairs
2: having no political significance

Politics is the process by which groups of people make decisions. The term is generally applied to behavior within civil governments, but politics has been observed in all human group interactions, including corporate, academic, and religious institutions.

Politics consists of "social relations involving authority or power" and refers to the regulation of a political unit, and to the methods and tactics used to formulate and apply policy.

Aristotle asserted that man is, by nature, a political animal. He argued that ethics and politics are closely linked, and that a truly ethical life can only be lived by someone who participates in politics.

Of past elections & 'historical facts' in Malaysia - the 'brain-washing'..

How difficult it is to find information about our Malaysian history - our real Malaysian history.

Even information about past election results are so hard to find - and even information of some political parties that existed before, and had strong popular support is so difficult to find. Many Malaysians have no recollection of the coalition of Opposition parties known as the 'Socialist Front' which was the biggest challenge to the Alliance...

In my quest, I have managed to find some information, which I would now like to share:-

Election Results (Only of how many seats Alliance[UMNO,MCA,MIC], then BN won - no info about what other parties won)

1955 General Election Alliance won 51 out of 52 seats contested (98%)
1959 General Election Alliance won 74 out of 104 seats contested (71%)
1964 General Election Alliance won 89 out of 104 seats contested (86%)
1969 General Election Alliance won 74 out of 144 seats contested (51%)

*** The 1st time that the Alliance (now known as the BN) failed to get 2/3rd majority was in 1969.

Coincidentally, May 13 happens - Emergency - Arrests under the ISA...and a lot of jumping parties happened. The jump then was from the opposition to the BN.

...

The Alliance political formula was widened to become a larger political cooperation under the Malay--non-Malay politics to the whole nation. This concept was spread with the formation of a Coalition Government at the Federal and State levels. This cooperation of various and multiple parties was later institutionalized as BARISAN NASIONAL (BN) and was formally registered on the 1st July 1974. Besides UMNO, MCA and MIC, BARISAN NASIONAL was made up of six other parties, which before this was on the other side of the fence.

Those parties were PAS ( which was later expelled from BN ), Parti Progresif Rakyat ( PPP ), Parti Gerakan Rakyat Malaysia ( GERAKAN ), Sarawak United People's Party ( SUPP ), Parti Pesaka Bumiputra and USNO from Sabah. Only DAP and PSRM refused to join the Coalition. BN, which used the new symbol - the 'dacing' had strengthen and stabilize the Malaysian political situation, and relationship among races had never become closer. Later, other political parties, especially in Sabah and Sarawak joined the BN. These parties are Berjaya from Sabah, SNAP and PBDS from Sarawak.

In the 1990's many new parties surfaced to join Barisan Nasional as a result of the political turmoil in Sabah when PBS walked out of Barisan Nasional. These parties are Akar Bersatu, SAPP, LDP, PBRS and PDS. Today BN consists of 14 parties.

The birth of BN signaled the beginning of a new era for Malaysia which is now ruled by a multiple race component parties, a struggle of the united community. Among the main objective of BN is the struggle to strive for cooperation among races, peace, harmony and justice to ensure Malaysia will continue to develop and prosper, in line with vision 2020.- Source:- Barisan Nasional Penang Website

1974 General Elections BN won 135 out of 154 seats contested (88%)

1978 General Elections BN won 130 out of 154 seats contested (84%)

1982 General Elections BN won 132 out of 154 seats contested (86%)

1986 General Elections BN won 148 out of 177 seats contested (84%)

1990 General Elections BN won 127 out of 180 seats contested (71%)

1995 General Elections BN won 162 0ut of 192 seats contested(84%)

1999 General Elections BN won 148 0ut of 193 seats contested(77%)

(BN only got about 56.53% of total votes cast in 1999)

2004 General Elections BN won 198 0ut of 219 seats contested(90%)

2008 General Elections BN won 140 out of 222 seats contested(63%)

Now, there were some political parties that are no more, and this I believe that the Alliance/BN government had a part to play in that.

Amongst these political parties, which once were there and today is no more, are the

Labour Party -formed in 1950's, formed the Malayan Peoples' Socialist Front(or just Socialist Front) on 26/8/1958 with the Partai Rakyat (later known as the Parti Rakyat Malaysia). The SF further consolidated its gains in municipal elections including the City Council of George town, Penang where it won 14 of the 15 seats in the Council during the 1961 Local Elections...

National Convention Party

Parti Negara

United Democratic Party..

* We really have to have proper accurate and independent historical records - so that we can all know what is "historical facts". Many do and will dispute what that Penang UMNO Division leader calls "historical facts"....

** Crackdown by the government on the Socialist Front parties came about in early 60s - and I believe that finally the Labour Party was banned, etc... Only Party Rakyat Malaysia survived this era...

Many of the personalities from these 'demised' parties joined other parties - including also the newly formed GERAKAN.

Parti Gerakan Rakyat Malaysia was formed on 24th March 1968. The six founders of the party were Professor Syed Hussain Alatas of the University of Singapore, Dr. David Tan Chee Khoon, Member of Parliament for Batu, Selangor and former leader of the Labour Party, Dr. J.B.A. Peter, President of the Malaysian Medical Association, Dr. Lim Chong Eu, Member of Parliament for Tanjong, Penang and former President of the United Democratic Party, Professor Wang Gungwu of the University of Malaya, and Mr. V. Veerapan, legal practitioner and former leader of the Labour Party. In its initial stage, the party had drawn its main support from members of the dissolved United Democratic Party, and the English-educated moderates of the Labour Party. Source: Parti Gerakan Malaysia website

Historical facts -- is sometimes history according to the current victors, those in powernow... and today that is the Barisan Nasional led by UMNO, MCA & MIC --- or is it just led by UMNO?

Like the British colonialist, this BN government continues to belittle the freedom fighters of Malaysia that fought the Japanese when the British put their tail between their legs and ran...

Those who stayed and fought for independence from Japanese also set up government thereafter and were able to govern... until they were removed by the returning British colonial government.... 'Communist' was one of the brands used - and many still see 'communists' as very very bad - not really knowing why they were potrayed as 'bad' by the returning British after World War II. Do you know about the Malaysian Peoples Anti-Japanese Army(MPAJA)? Did you know that historical bad relationship between the Japanese and Chinese resulted in Malaysian Chinese being most badly treated compared to the other ethnic groups in Malaysia - resulting also the fact that there were very high numbers of Chinese who were in the MPAJA? Did you know that the 'communist' were the MPAJA or at least a big component of the MPAJA? Do you wonder why all this is not in the History Books that you read?

The belief that the Alliance/BN had never lost its 2/3rd majority is yet another myth. In 1969, they just managed to get 51% of the seats - far worse than in 2008 General Elections.

And what did UMNO-MCA-MIC do -- they got MPs and political parties from the Opposition to jump to their side -- the Alliance(which later had a name change to Barisan Nasional)

Hence, it is hypocritical for some in the BN now to say what they have been saying about MPs and ADUNs who may choose to leave the BN and/or its component parties and maybe join the Opposition Pakatan Rakyat...

People chose the person - the said MP or the ADUN as the Wakil Rakyat - and the Wakil Rakyat may have to do what is best for the people he represents.

There will be no question of a violation of the mandate given by the people - but of course, if you say the people actually voted party and not the candidate, then maybe it is different.

But the people is supposed to vote the candidate - the person. Of course, who he is and what his politics is and what party he runs under may have an influence of the voters choice - but at the end of the day, it is the person that is chosen as the wakil rakyat (the peoples' representative). I have always said that the 'wakil rakyat' first and foremost loyalty must always be to the people - his constituents.

All existing places of worship on ANY land should not be demolished.

It is good that the government has finally come to its senses with regard to them temples and places of worship...

ALL Hindu temples on government land situated in commercial zones in the Draft Kuala Lumpur City Plan 2020 would not be demolished, Deputy Federal Territories Minister Datuk M. Saravanan said.

He said if temples situated on government land were affected by development projects undertaken by the Government, they would be given an alternative site for relocation, reported Malaysia Nanban.

He added that prior approval from City Hall was required for new temples to be built, even on private land.

Speaking to reporters on Friday after meeting representatives of the Malaysian Hindu Council over the draft, Saravanan said the ministry would allow the various communities to build their houses of worship in housing estates. - Star, 8/9/2008 Temples in draft plan will not be demolished

BUT this is not good enough ----

1 - the policy should not just be limited to Hindu Temples - but to all temples, churches, masjids, suraus, chapels, kuils..

2 - Even if it is not now on government land, it should not be demolished especially if it has been in existance for more than 10 years...

3 - This should also be extended to crematoriums, burial sites, grotos, etc...

4 - This policy must not only be with regard to KL or Federal Territories but must be for the whole of Malaysia. Good if the relevant Minister or Prime Minister Abdullah Ahmad Badawi could give all Malaysians this assurance..

5 - With regard to places of worships that have been demolished over the past 5 years - immediate steps should be taken to find alternative new sites, and the government must assist also financially to ensure these places of worship gets built...

6 - Just talk by the Minister or the PM is not really good enough - we may need an Act to protect places of worship, burial grounds, etc...

7 - Even with regard to existing places of worship, the government must provide a certain yearly allocation of funds to assist in the maintenance and upkeep.

8 - With regard to burial grounds - the government should ensure that they are maintained in good condition. many burial grounds are overgrown with bushes, etc - Responsibility for maintenance maybe should be with the Local Councils...

50 MPs, paying themselves, go Taiwan to study agriculture during Ramadhan...interesting??

50 Barisan Nasional Member of Parliament of the Barisan Nasional Backbenchers Club (BBC) have left(or are leaving) the country to go to Taiwan for an 8-day study trip "to explore Taiwan’s agricultural and industrial technology."

PETALING JAYA: Fifty members of the Barisan Nasional Backbenchers Club (BBC) will leave for Taiwan on an eight-day study trip starting Monday.

Some 50 MPs out of a total of 78 are expected to take part in the programme, which was organised to explore Taiwan’s agricultural and industrial technology.

BBC chairman Datuk Seri Tiong King Sing said they decided to go to Taiwan, and not China, as they were short of time.

“Initially, we wanted to go to China but as we did not have enough time to process our visas, we decided on Taiwan instead,” he told The Star’s Malay news portal mStar.

He said the initial plan was to have a 12-day trip, but it was shortened due to the Ramadan. - Star, 8/9/2008 -50 Barisan MPs begin eight-day study trip

And guess what, they are apparently paying for the trip themselves -- Bung Mokhtar said that trip was 'self-funded'. How great it is if this was really true - our 'wakil rakyat' taking out their own money from their own pockets to pay for a trip overseas so that they can understand better "...agricultural and industrial technology...".

Deputy BBC chairman Datuk Bung Mokhtar Radin said the delegation would depart from the KL International Airport at 11.15am today.

He said their trip was self-funded, while their itinerary would be handled by the Malaysian Friendship and Trade Centre in Taipei.- Star, 8/9/2008 -50 Barisan MPs begin eight-day study trip

Wonder whether any local trips to study existing agricultural sector, and '"...agricultural and industrial technology...". Have they been similar study trips to the farms and 'ladanngs' in Malaysia? If they were all interested in expanding their 'exposure' and understanding in this area - it would have importatnt for them to have any some exposure to what we already have in Malaysia. They should have also had some briefings and input by our local experts in agriculture and "...agricultural and industrial technology...". Did they have this at all? If not, then this whole study trip is yet another waste of time - whereby the real reason is more likely to be fun --- not study?

Will they also have them 'belly dancers' (oops that was some other study trip...?

Anyway, I do not think that these MPs are paying for themselves? But then Bung Mokhtar's statement implies that it is so - 'self-funded'. Food, Board, Travel, Expenses for a 8-day trip should at the very least come to about RM10,000-00. I do not believe that they will be staying in them back-packers hostels, or eating at the cheap road-side stalls. Mmmm...

Finding halal food... and food in the early morning for our Muslim MPs will also be difficult in Taiwan... I always thought that the month of Ramadan was a time to be with family and local community - but then 8 days away is, maybe OK...

If it was an all-paid trip....or even a partially subsidized trip - maybe then 50 MPs may choose to go to Taiwan (whose climate is not exactly the same as Malaysia) for a trip to study sgriculture...

If was the Minister, Deputy Minister or Parliamentary Secretary of the Agricultural Ministry, it may have made more sense. If it was the Agricultural DG and the staff of that Ministry, it would have made more sense...and here they would have really been able to understand what was being shown to them, and to ask relevant questions to see its relevance to Malaysian conditions, or the possibility of it being aboe to be adapted to the Malaysian situation.

These BBC MPs should have emulated the PM - when he took the LRT ride to understand the state of affairs of public transport in Malaysia. The BBC MPs (and in fact all MPs) should really have study trips locally to understand the plight of the people....take the LRT, the Commuter, take the Public Bus in Temerloh, etc..

Go visit a construction site - and understand the conditions of work - and maybe also get educated about Occupational Health and Safety..

Spend a night at the police lock-ups in Klang Valley - and that will be a very good 'study trip'...

Going to Taiwan for 8 days during the fasting month to study '"...agricultural and industrial technology..." - and thinking Malaysians may find it hard to believe that really was the object of the trip - OR that the MPs are paying for the trip themselves...

Where's that ACA or the the government 'audit' - investigate and tell Malaysians where the money for the trip is really coming from...?

We also want to know HOW MUCH is being spent for the trip? Is it Malaysian peoples' money that could have been utilized better for something else...