Minister of Health's lack of response shows a lack of accountability - Death of Migrants in Detention Centres by reason of Leptospirosis

One of the biggest problem in Malaysia is the lack of accountability, transparency,

Is there any way which the 'rakyat' or others can ask questions of their government and get answers. Try sending letters to relevant Ministries, public authorities and/or Local Councils. Do they reply your letters? Do they give answers to your queries?

In Malaysia, the answer is generally 'NO'.

Some time back letters were sent to the Prime Minister and the Minister of Health about the death of Burmese Migrants in Malaysia...together with the relevant Joint Statements... , 126 groups:- Death of 2 Burmese Indicative of State of Detention Places in Malaysia - Denial of Healthcare Is a Violation of Right to Life.

When the letter was sent, the statement was endorsed by 113 organisations/groups - now it is endorsed by 127 groups.

From the Minister of Health, there was not even a letter acknowledging receipt - and there was not even any answers. Money was wasted sending this letter by A.R. Registered Post, and there is no doubt whatsoever that the letter was received.

But, why no reply.... Can't we get some answers...

Must there be a public protest in front of the Health Ministry? How can we get responses from our Ministers...I hope that the response is only late in coming....

Or is an absence of a response indicative that it has fallen on 'deaf ears' and the Minister or his Minisitry and/or the Government has yet to take any actions.

This kind of lack of response, after a while, would result in Malaysians and others just not wasting time asking anything of the Ministers, Ministry and/or government for after all they do not even show the minimum respect to people by their total lack of response...

Was there any investigations done as to cause of the Leptospirosis - was it contaminated food/drinking water coming from the food providers, was it from within the camp? Did the Detention Camp have a problem of sick animals - like rats, etc? Has it been taken care of yet?

What about healthcare? If a person suffering from Leptospirosis was given prompt medical/healthcare he will most likely recover? So, with regard the deaths, an explanation for the delay and the deaths need answers?

Since then, there have been another 6 deaths by reason of Leptospirosis at the KLIA Detention Centre (See post:-LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE)

There has also been death of 2 other Burmese from the Lenggeng Detention Centre. The Hospital in Seremban did not tell friends/relatives whether it was Leptospirosis or what disease. The hospital allegedly only told them that death was caused by disease... (See earlier post:- 2 more Burmese migrants die in detention. Was it Leptospirosis again? Would hygienic conditions and proper healthcare prevented these deaths?)

25^th May, 2009

Dato' Sri Liow Tiong Lai,

Minister of Health

Kementerian Kesihatan Malaysia
Block E1, E6, E7 & E10, Kompleks  E,
Federal Government Administrative Centre,
62590 Putrajaya, MALAYSIA

Dear Sir,

Please find enclosed this Joint Statement of 113 organizations and groups, from all over the world, dated 23/5/2009, entitled “Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life”

This is our complaint and concerns brought about by reason of the recent deaths of 2 persons in the Juru Detention Centre, in Penang, Malaysia. The call is also for an improvement of hygiene and cleanliness in all detention places.

We also call for an improved healthcare policy and practice at all detention places, which we verily believe will certainly reduce the unnecessary loss of life and suffering.

We wish to state that the statement speaks for itself, and if there is need for further information and clarification, feel free to contact us [Charles Hector (chef@tm.net.my) or Pranom Somwong (Bee) (p_somwong@yahoo.com) at 019-2371 300]

Kindly acknowledge receipt, and we would appreciate being kept informed of steps taken in response to this statement.

Thank you.

In solidarity,

Charles Hector                                 Pranom Somwong

For and on behalf of the said 113 Organisations/Groups

Lot 3585A, Kampung Lubuk Layang,

Batu 3, Jalan Mentakab,

28000 Temerloh,

PAHANG, Malaysia

Tel: 019-2371 300

At the same time, a letter was also sent to SUHAKAM (Malaysian Human Rights Commission), and they did reply...(2 died in Juru Detention Centre of Leptospirosis - The SUHAKAM response.

Ministers, Ministries, Government Departments, Local Councils, People's Reps should all have a duty to respond to questions and queries, and this must be done promptly...

Accountability - unless in Malaysia, there is no such thing as accountability of the government except if when it gets wide coverage in the Media...is that how Malaysia is?

5 shot dead by police - now sister and 2 kids in hospital fighting for life..

Another 'shoot to kill' incident which sees 5 human persons shot dead by the Malaysian police.

The police should be arresting people - not killing people, and later justifying their actions stating that these were 'evil' persons...blah...blah. They are dead...and they cannot anymore defend themselves. I do not believe that the police could not have arrested these persons, for after all the police now claim that they knew these persons who they claim were '...part of the 'PCO Boy' gang, responsible for a spate of robberies...'.

If you have to use your guns...then should you not be shooting with the aim of arresting them... not killing them. 1 or 2 shot dead...and 3 shot and arrested... that would have been more logical - but 5 shot dead? 

Will there be an inquiry into this incident? An inquiry to determine whether police action of killing the 5 was justified. An inquiry to determine the intention of the police when they shot these persons - was it to injure and arrest, or was it to just 'kill'. Was there even any intention to arrest them alive? When the police have to shoot, it must be with the intention of trying to arrest - not to '...stop the deadly force threat...'. To arrest a person, the law allows the police to use reasonable force. The objective for the use of force must be to arrest the person - nothing else.

There have just been too many 'shoot to kill' incidents in Malaysia - and it must stop. 

The grief of losing her brother in a hail of police bullets was apparently too much to handle for a mother of four, who consumed poison and fed the deadly potion to her children as well.

The 31-year-old housewife is currently warded with two of her children, aged five and eight, in the Intensive Care Unit (ICU) at Klang's Tengku Ampuan Rahimah hospital.

Her other two children, aged three and seven, are in stable condition and undergoing treatment in the normal ward.
On Monday, the woman's brother R Surendran was among five suspected criminals shot dead by the police in Taman Klang Utama.

The police claimed that the five - aged between 17 and 30 - were part of the 'PCO Boy' gang, responsible for a spate of robberies.

Commenting on the suicide attempt, Human Rights Party leader P Uthayakumar said: "The family could not digest the injustice.

"And since there was no other way to fight the system, they resorted to something as drastic as this in their moment of grief."

Met at the hospital later, the victim's husband said when he asked their children, who are in the normal ward, what had happened, they told him that their mother had poured the paraquat into several glasses this morning.

"She then told them that if they drank the substance, they could go and see their uncle," added the distraught lorry driver.

According to him, his wife was very close to her brother.

Cops: We're not trigger-happy

Meanwhile, Uthayakumar warned that if the woman - who is said to be in critical condition - does not survive, they would bring her remains to Parliament as a mark of protest against police shootings.

The police on Tuesday denied that they were "trigger-happy".

"When police officers shoot, they do not shoot to kill, but rather they shoot to stop the deadly force threat," said CID director Mohd Bakri Mohd Zinin in a statement.

"It is clearly within the right of the police to act in self-defence and protect the lives of innocent bystanders," he added.

Uthayakumar has previously campaigned against the police for the high number of alleged criminals being shot dead over the years.- Malaysiakini, 12/11/2009, Double blow for shootout victim's family

See also post:- Another 'shoot to kill' incident - 5 dead.

PAS says Muslims do not have the exclusive right of usage of the word 'Allah' - now only PKR's position is a question mark.

What is the PKR position on the 'Allah' issue?.

DAP and PAS have made their positions clear.

A perusal of reports indicate that there may be some differences, and as such, PAS may have to re-confirm its position. Or maybe, there is no need.


It is clear as Khalid Samad (and other PAS MPs ) told Parliament. Reading the Hansard, it is clear that it is the position of PAS. This is also what Nik Aziz was reported saying. [Go read the Hansard]

It was rather odd that '...PAS spiritual adviser Datuk Nik Abdul Aziz Nik Mat says the use of the word “Allah” by non-Muslims is allowed...', and then say that it was up to the Federal Government.  '...He, however, added that it was up to the Federal Government to define the scope in which the word could be used, reported Bernama...' [Star, 2/3/2009, Use of the word ‘Allah’ still not defined, says Nik Aziz].  

But, is not Islam a matter for the State - it is clearly under the State list in Ninth Schedule of the Federal Constitution, which states what comes within the ambit of State powers, and what comes under the Federal Government powers. Was it a case of mis-reporting?

One of the arguments is that some State enactments, even those of Pakatan Rakyat governed states still seem to say that only Muslims can use the word 'Allah'. Remember that State enactments like Federal laws can easily be amended, by simple majority I believe, and hence the failure of Pakatan governed states in doing the necessary is telling.

Why are they not amending? The simple answer is that it is 'political' - they do not want to lose the support of some of their Muslim supporters. And is that acceptable? I believe not. The failure to bring about changes for fear of loss of support is an indication of weakness on the part of the Pakatan Rakyat. I worry that it is this fear of taking clear positions on 'controversial' and/or 'sensitive' issues is one that may see the death of the hope and dream that we may one day be ruled by a better group of parties, other than the BN.

Remember also 'the people of the book' - i.e. Jews and Christians. Surely, the name of God did not change for Allah is the same God for Jews and Christians as well.

Muslims believe that God had previously revealed Himself to the earlier prophets of the Jews and Christians, such as Abraham, Moses, and Jesus.... Muslims believe that Islam is the perfection of the religion revealed first to Abraham (who is considered the first Muslim) and later to other prophets. Muslims believe that Jews and Christians have strayed from God's true faith but hold them in higher esteem than pagans and unbelievers. They call Jews and Christians the "People of the Book" and allow them to practice their own religions. Muslims believe that Muhammad is the "seal of the prophecy," by which they mean that he is the last in the series of prophets God sent to mankind.

I reproduce below some of reports I saw about this issue:-

KUALA LUMPUR, March 5 — The heated debate in Parliament today over the the usage of the word “Allah” showed a division within Pas as some of the Islamist party MPs explicitly supported the use of the word by non-Muslims.


During his winding-up speech for the motion of thanks to the King, Minister in the Prime Minister’s Department Datuk Seri Ahmad Zahid Hamidi reiterated the government’s stand that the word Allah cannot be used by non-Muslims, citing state enactments and gazetted decrees by Islamic authorities.


The matter was brought up by Sri Gading MP Datuk Mohamad Aziz who said that the use of the word “Allah” by non-Muslims was an attempt to insult Islam.

Kuala Selangor MP Dr Dzulkifli Ahmad of Pas later cited the Quran to show how the word “Allah” was used by the non-Muslims.

He was supported by another Pas lawmaker Shah Alam’s Khalid Samad, who argued that the word “Allah” is Arabic for God.

Zahid then asked the duo whether it was the official stand of the Islamist party, to which Khalid said it was the decision made by the party’s Islamic scholars’ wing.

Baling MP Taib Azamudin, however, disagreed with his party colleagues saying that he was more interested to defend the sanctity of Islam.

“It is illogical to argue based on the language point of view, others cannot use the word ‘Allah’,” said Taib.

In his reply, Zahid said Taib’s stand on the matter is consistent with the government’s.

“What was said by Baling is the stand of the government of Malaysia, it is the stand of Jakim (Islamic Development Department),” said the de facto Islamic Affairs minister.

The use of the word Allah by non-Muslims has been a contentious issue in Malaysia after the Catholic weekly, The Herald, challenged the government’s directive banning the publication from using the word “Allah”. - Malaysian Insider, 5/3/2009,Pas lawmakers divided over who is allowed to use the word “Allah”

SHAH ALAM : MP Shah Alam, YB Khalid Abdul Samad said the state is trying to form a government that’s clean, transparent, fair and to bring issues of the people to parliament to be debated.

He said he will issue a letter of support to the pengerusi of JKR in support of the Church of the Divine Mercy’s (CDM) road signage appeal request.

He added that beer drinking or scantily dressed ladies are not main issues. He cited corruption as a major issue. Leaders should be good models for society to follow. One of the main issues which the Selangor government wants to fulfill is a clean accountable administration. YB Khalid also touched on the state of civil servants saying money must be managed and administered properly. He expects civil servants to tell us if something is not done right and reported that in doing so they would be moving in the right direction.

YB Khalid said if the signage issue is struck off in JKR, they would need to change their old mind set.

Touching on the CDM cross issue, YB Khalid once again reiterated his support and said during his visit to Middle East he saw churches with a cross next to a mosque and it was not a problem or issue there. It all boils down to our mentality.

YB Khalid said PR have experience and knows the needs of the people (Rakyat) in the five PR states and hopes to have better understanding with the civil servants and military. We need to prepare and if we come to total victory at Federal level people will know our capability and can accept us.

A parishioner from East Malaysia who spoke in Bahasa Malaysia was happy that a procession was allowed for the feastday around the vicinity of the church but the ‘Allah’ issue is yet to be resolved. He said many Christians in Sabah and Sarawak are waiting for a response from the Federal Government through Tan Sri Bernard Dompok on this issue. He cannot understand the outcry as in East Malaysia ‘Allah’ has been used for several decades by Christians.

YB Khalid also spoke on apostasy saying no law can force a person to believe in something. For example even if someone who is born a Muslim and later believes in Buddhism, you can not do anything about it — even if the MYkad states the person as a Muslim. All this does is prevent people from declaring that they have left Islam but not preventing them from leaving the religion.

He also said he has debated in parliament on the ‘Allah’ issue as it is an Arabic word — a word common among Muslims and non-Muslims. Those who argue against those using the word ‘Allah’ are going to cause confusion with Muslims; if they truly understand Islam, they won’t be confused. He cited that the cause of the confusion is UMNO who want to use religion as a political tool to remain in power.

YB Khalid said PR needed both Muslim and non-Muslim support and said we need a holistic approach to change the education system, which has given rise to the present mentality.

The dialogue session ended at 11.15pm and Mary Magdaline, the moderator thanked the VIPs for their approachable demeanour. Parish priest Fr Paulino Miranda gave a token of appreciation to the guests at the end of the session. - Herald, 30/10/2009, PAS MP Khalid Samad supports CDM’s bid for cross and signages

KOTA BHARU, March 1 – Datuk Nik Aziz Nik Mat, the Pas spiritual leader and one of the country’s most respected Muslim leaders, said today that non-Muslims should be allowed to use the word “Allah.”

But he said it was up to the federal government to decide whether to allow its use by non-Muslims.

“I do not want to interfere in this matter. Let the federal government decide,” he was quoted as saying by the national news agency Bernama in Kota Baru today.

The Pas leader was responding to the intense debate over the Catholic newspaper Herald’s law suit against the federal government’s decision to ban the use of the word “Allah” in its publication.

Yesterday, the Home Ministry rescinded a government gazette issued a day earlier which allowed the conditional use of the word in Christian publications.

Home Minister Datuk Seri Syed Hamid Albar said a mistake had been made and the government’s ban remained in force unless the courts decide otherwise.

The government had recently ordered a ban on the Herald's Malay edition until the court makes its decision, as part of conditions for it to be allowed to continue publishing in English, Chinese and Tamil.

Muslim groups have been up in arms over the Catholic newspaper’s use of the word “Allah” and were particularly upset when the ban was rescinded on Friday.

These Muslim groups have argued that allowing Christians to use the word “Allah” would cause confusion among Muslims.

They are also suspicious about the intent of Christians, with some accusing churches of trying to use the word “Allah” to convert Muslims.

However, the Catholic Church says the word “Allah” is being used by its members, especially those in Sabah and Sarawak, who are fluent only in the national language.

They also contend that “Allah” is the accurate translation for the word “God” as opposed to “Tuhan” which they use to mean “Lord.”

The church has also pointed to the fact that the word “Allah” is also used by Christians in the Middle East and in Indonesia. - Malaysian Insider, 1/3/2009,‘Allah’ is allowed for non-Muslims, says Nik Aziz

KOTA BARU: PAS spiritual adviser Datuk Nik Abdul Aziz Nik Mat says the use of the word “Allah” by non-Muslims is allowed.

He, however, added that it was up to the Federal Government to define the scope in which the word could be used, reported Bernama.

“I don’t want to interfere in this matter. Let the Federal Government decide,” he said in response to the weekly Catholic Herald’s use of the word “Allah” in its Bahasa Malaysia publication.

In Kota Kinabalu, Minister in the Prime Minister’s Department Datuk Ahmad Zahid Hamidi said the Government’s decision to ban the use of the word “Allah” was not restricted to the Herald but applied to all non-Muslim publications.

On Saturday, Home Minister Datuk Seri Syed Hamid Albar said a Feb 16 government gazette lifting a ban on Christian publications to use the word “Allah” would be rescinded.

He added there were mistakes made in the drafting of the gazette, which stated that Christian publications could use the word Allah provided the words “For Christians” were clearly printed on the cover.

Syed Hamid said the Government’s stand on the ban has not changed. - Star, 2/3/2009, Use of the word ‘Allah’ still not defined, says Nik Aziz

There is restrictions in Malaysia against proselytizing Muslims - i.e. converting Muslims, but that should not  be a justification to stop Christians or others from using the word 'Allah' or other Arabic words in their own worship and religious education among its own adherents, or in their proselytizing of persons other than Muslims.

PKR has been silent on this issue. Some in PAS has come out stating that it is a 'non-issue' and use of the word 'Allah' is not exclusive to Muslims. DAP is the only Pakatan Rakyat party that has really made a clear stance. See earlier post :- DAP has made clear its position on the 'Allah' issue...what about PKR, PAS and Pakatan Rakyat?

What is the position of MCA, GERAKAN, MIC, Makkal Sakthi party.... silence seems to be their response.

Meeting of Local Council (MBPJ, etc) should be open to the public...

Local Council meetings should be open to the public...that is the general rule, and is provided for in the Local Government Act 1976

23. Meetings of local authority to be public.

All meetings of the local authority shall be open to the public and to representatives of the Press unless the local authority by resolution at the meeting otherwise decides:

Provided that this section shall not apply to any Committee of the local authority unless such Committee by resolution otherwise decides.

Meetings of committees of the Local Council can also be opened to the public, and these committees have the power to do this.

Hence, there is no justification as to why this is not happening in the Pakatan Rakyat governed states...unless like the BN, they too like to keep the public in the dark...

Freedom of Information....

Accountability...and Transparency...

If there are NO unions at the workplace, will workers (including migrant workers) be allowed to form a union?

Should workers be allowed to organize? Should they be allowed to form unions, associations, clubs, societies, etc...?

Of course, workers should be allowed to organize .... form unions or associations. One of the functions of these associations and unions would be to look into the welfare of workers, and by welfare, we are talking about all aspects of welfare. Come together to share problems, discuss issues, play and socialize, organize trips, etc...

People in a foreign land certainly have more need to get together with others from their 'home country' or others in a similar situation for the purpose of mutual support and welfare - and, as such, I find it very wrong for Malaysia to oppose the right of migrants to form associations, clubs, societies...

UNIONS - well, migrant workers have the right to join unions in Malaysia.

But, if there are no unions in their workplace, can they form a union? I believe that they can - but alas, we still do not have a test case.

Of course employers love to deal with workers individually - it makes them more vulnerable - easier to be 'cheated' and oppressed.

Unions improve the power and position of workers when it comes to negotiations with employers. United, the workers talk and negotiate as one...and in that way, workers have managed to get better rights as workers.. [ But remember, Malaysia is a pro-business country and hence, it does not promote workers forming unions, and that is why less than 10% of Malaysian workers belong to unions today....]

What about the existing UNIONS, especially the National Unions - don't they do a lot to educate workers about unions and help workers form unions in places where there are no unions yet? Sadly, many Union leaders, behave like 'politicians' today - only interested in ensuring that their position in the union leadership is secure - and hence they only do the minimum. They certainly do not seem to be interested in educating workers about their right to unionize, or encouraging the formation of new unions... This is what I see - I hope I am wrong.

Now, our HR Minister is saying that foreign workers cannot form unions, and I believe that he is very wrong. Our Malaysian constitution guarantees all persons equality - "All persons are equal before the law and entitled to the equal protection of the law" (Art. 8(1)) - and disallowing a category of workers the right to form a union is certainly wrong. Workers have a right to form and/or be a part of a union - and Malaysia should not disallow this right.

"...will not be allowed to form their own trade unions but can join existing ones.." - What if there is no union in that workplace? Can the workers then form their own union, Mr Minister?

Kuala Lumpur Foreign workers in Malaysia, a majority of whom come from Indian subcontinent will not be allowed to form their own trade unions but can join existing ones, Human Resource

Minister S Subramaniam said in Kuala Lumpur on Thursday.

Although he admitted that there are cases of abuse of foreign workers by Malaysian employers, he said both local and overseas workers come under Employment Act 1955 and have similar rights in wages, leave, working hours, layoff notice and insurance coverage.

"Many foreign workers in plantations have become members of the National Union of Plantation Workers and can lodge

complaints and seek justice," he told the parliament.

Thousands of Indians and nationals from Pakistan, Indonesia, Bangladesh work in Malaysia that heavily relies on foreign workforce to help out in plantation, construction and restaurant sectors.

However, there have been several cases where employers ill treated the migrants, depriving them of wages and food. In April, Ganesh, a migrant worker hailing from Tamil Nadu

was chained and starved by his ethnic Indian employers in northern Malaysia's Kedah state before he died. Subramaniam said incidents of abusing foreign workers occur in other countries as well.- expressindia.com, 5/11/2009, ‘Foreign workers in Malaysia cannot form unions’

Majlis Bandaraya Petaling Jaya - No changes because Mayor and staff following 'old policies and old ways...' of BN - so, not Pakatan's fault

Well, in response to the post, 'Majlis Bandaraya Petaling Jaya - Where is the transparency and accountability? ', I received the following response, which is interesting..

"...To be fair to all parties, we must also not forget that the Datuk Bandar of the MBPJ remains the same man who had been appointed/selected by the BN.

Also, most of the employees at the MBPJ are the same people - those who had worked for the BN, and now for the PR. Therefore, old policies and old ways remain...."

Is this the reason for Pakatan Rakyat's inability to bring about reforms and changes? If so, then sadly I must state that this is so lame.

The people voted you in as government in Selangor - and you now are in power in Selangor, and is your reason for lack of changes and reform this? i.e. "...the mayor and all the staff are not 'listening' or 'following' you..."

I look at the MBPJ Website again, and would like to report that there is still no changes...

Still no transparency, accountability, etc...

It would be good if people could also get some background about the Local Councilors, and then maybe we will know the reason why the State Government appointed them? Be good to also know their political affiliations, etc...

Your views and opinions would be good...

For those who oppose the death penalty - something you can do

Something that you, who oppose the death penalty, can do...Below is an Amnesty International Urgent Appeal

Document - Singapore: Malaysian man facing execution in Singapore

UA: 296/09 Index: ASA 36/004/2009 Singapore Date: 03 November 2009

URGENT ACTION

Malaysian man facing execution in singapore

Yong Vui Kong was sentenced to death for drug trafficking in January 2009. He had exhausted his appeals by October, and can now escape execution only if the president grants clemency.

Yong Vui Kong was arrested in June 2007, when he was 19, by officers from the Central Narcotics Bureau. He was charged with trafficking 42.27 grams of heroin, and then sentenced to death in January 2009.

He had been working as a messenger for a man in Malaysia who often asked him to collect money from debtors or deliver packages as "gifts" to people in Singapore and Malaysia. At his trial, Yong Vui Kong said he had not known what was in the packages, and when he asked, he had simply been told not to open them. The judge, however, ruled that Yong must have been aware of their contents, saying in his written summation, "I found that the accused had failed to rebut the presumption against him. I am of the view that the prosecution had proved its case against the accused beyond reasonable doubt, and I therefore found the accused guilty as charged and sentenced him to suffer death."

Yong was convicted under the Misuse of Drugs Act, which provides that anyone found guilty of illegally importing, exporting or trafficking more than 15 grams of heroin will automatically receive a mandatory death sentence.

Governments need to address crimes, including drug trafficking, but there is no clear evidence that the death penalty deters crime more effectively than other forms of punishment. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions stated in his 2005 report that the "mandatory death penalty, which precludes the possibility of a lesser sentence being imposed regardless of the circumstances, is inconsistent with the prohibition of cruel, inhuman or degrading treatment or punishment." To date, 139 countries have abolished death penalty in law or practice.

PLEASE WRITE IMMEDIATELY in English, Mandarin or your own language:

• Urging the president to grant clemency to Yong Vui Kong and commute his death sentence;

• Expressing concern that because the death penalty is mandatory for drug-trafficking cases, the court had no discretion to sentence Yong Vui Kong to an alternative punishment;

• Calling on the president to introduce a moratorium on executions, with a view to complete abolition of the death penalty.

PLEASE SEND APPEALS BEFORE 15 DECEMBER 2009 TO:

President

His Excellency SR Nathan

Office of the President

Istana, Orchard Road

Singapore 0922

Fax: +65 6735 3135

Email: s_r_nathan@istana.gov.sg

Salutation: Your Excellency

Is it all an 'image rectification' exercise by MACC and the BN government?

Malaysian government is finally acting against corruption and graft... (Or are they)?

But alas, it is not the 'big crooks' that get charged, only the smaller unknowns especially when it comes to those from the BN.

During the tenure of Abdullah Ahmad Badawi, 2 'medium-sized' characters were charged, an UMNO Senator , i.e. the Land and Cooperative Development Minister, Tan Sri Kasitah Gaddam......, and an aging business tycoon, Tan Sri Eric Chia Eng Hock.

There was a big show in charging them, but do you know what happened to these cases? They were both acquitted. Why?

Well, based on newspaper reports, "In both cases, it was as if the prosecution was not interested in ensuring that they be found guilty - and they failed to call important crucial witnesses, hence sabotaging their own case. Is this also not 'corruption'?". See earlier blog posting, that also has the 2 newspaper reports, which clearly showed the reasons for the acquital.Kasitah Gaddam & Eric Chia - Prosecution's failure to call witnesses - Was it just incompetence OR....?

Thus, I am not at all convinced that there is serious political will to eradicate corruption in Malaysia. MACC, please prove me wrong.

There also is that 'double standards' when it comes with dealing with corruption. For example, why were those found guilty of money politics (or corruption) in UMNO never charged in court. See earlier post:-'Corruption' and Discrimination in UMNO - Has the report to MACC against Ali Rustam (and KJ) been made?

Many policemen and public servants are also dealt with through internal disiplinary mechanisms, and not charged in court - Why? See earlier post: Arrest, charge and try 'dirty cops' in the same way as other persons in Malaysia. Art 8 - Equality and Equal Protection of the Law should apply to ALL

Some say that sudden activity by MACC on cracking down corruption, is just an image cleansing exercise by MACC and the BN government. Teoh Beng Hock's death has affected the image of the MACC for sure.

We must fight corruption - and we need an independent body to do that work. The MACC should be investigating the big boys as well, and that would include our Prime Minister as well, as there have been allegations of corruption made against him as well.

With regard the Opposition and/or the Pakatan Rakyat, you must also fully cooperate with the MACC and the police when they are investigating reports lodged against your members, MPs and ADUNs. Do not hinder investigations on the basis of the belief that the BN government is targeting the opposition. If you do not cooperate, then will you still have the moral credibility to point fingers at the BN and its cronies? Hence, if there is corruption within the party, take the immediate step to report it, so that proper investigations could be conducted. Do not be like UMNO - who just like to keep it an internal, away from the police and the MACC.

The credibility of the MACC is also in question when BN MPs and ADUNs get arrested and charged for corruption. Did you not give a 'clean bill of health' to these persons just before the elections. By the way, that is NOT the role of the MACC (or the ACA). Do not waste time investigating election candidates at the request of their party. Investigate the reports of corruption only.

Have things changed in Malaysia? Has the government of the day finally decided to fight corruption at ALL levels? I w0nder...

SHAH ALAM: Six people were charged in various Sessions Courts here for misappropriation of funds, criminal breach of trust, false claims and misrepresentation.

Among those charged by the Malaysian Anti-Corruption Com­mission (MACC) was Sabak Bernam’s Barisan Nasional MP Abdul Rahman Bakri, who faces eight counts of making claims of RM10,000 each for events that never took place.

He was accused of having committed the offences when he was the Sg Air Tawar assemblyman prior to the 2008 general election.

Abdul Rahman, who claimed trial to all the charges, was charged under Section 11 (c) of the Anti-Corruption Act 1997.

If found guilty, he can be jailed between six months and 20 years, and fined not less than five times the sum or value of the gratification or RM10, 000, whichever is higher, for each charge.

In the dock: (From left clockwise) Abdul Rahman, Yap, Wong, Mohd Rosli, Firdaus and Yahaya.

The commission’s legal affairs and prosecution chief, Datuk Abdul Razak Musa, told judge Syafeera Mohd Said that the anti-graft agency offered Abdul Rahman bail of RM30,000.

However, Abdul Rahman’s counsel Datuk Salehuddin Saidin asked for bail to be set at RM8,000 and said a high amount would only burden his client, who was innocent until proven guilty.

Syafeera rejected Salehuddin’s request, set bail at RM30,000 and fixed Dec 14 for mention of the case, and April 26 to May 7 next year for the trial.

A group of eight Barisan MPs turned up at the court to lend Abdul Rahman moral support, including Tenggara MP Datuk Halimah Mohd Sadique, Parit Sulong MP Datuk Noraini Ahmad and Silam MP Salleh Kalbi.

Abdul Rahman’s aide, Mohd Rosli Busro, was charged at another Sessions Court on eight counts of abetting his boss.

Mohd Rosli claimed trial and judge Mat Ghani Abdullah fixed bail at RM9,000 with one surety, and set April 26 to May 7, 2010 for his trial.

Also charged at Mat Ghani’s court was former Teratai assemblyman Yap Soo Sun, who faced seven charges of making false claims for events that never took place.

Yap claimed trial and Mat Ghani set bail at RM25,000 with one surety as well as fixed May 3 to May 7 next year for the trial.

At Syafeera’s court earlier, Yap’s aide Firdaus Abu Zarin was also slapped with seven charges of abetting Yap by providing fake documentation for him to make the bogus claims.

She set bail at RM8,000 with one surety. Both Yap and Firdaus, who were also charged under Section 11 (c) of the Anti-Corruption Act 1997, will be tried together.

Also in the dock was Selangor exco member Ronnie Liu’s special assistant Wong Chuan How, who was charged in Syafeera’s court for two counts of misappropriating funds.

He was accused of fraudulently submitting a claim of RM2,500 to the Sepang District Council for the purchase of mini-flags that were never delivered.

He was also charged for committing criminal breach of trust involving a cheque amounting RM5,000.

Syafeera set bail at RM5,000 and fixed March 29 to April 2 for Wong’s case to be heard.

He was charged under Section 11 (c) of the Anti-Corruption Act 1997 for the first offence and Section 406 of the Penal Code for the second offence.

Earlier, Wong’s counsel Salim Bashir asked the court to set a lower bail as the accused was middle-aged and had health problems.

Later in the day, Wong was taken to Mat Ghani’s court where he was charged under Section 406 of the Penal Code for criminal breach of trust involving another cheque amounting RM2,500.

He also faced an alternative charge of misusing the cheque under Section 403 of the same code.

Mat Ghani also set bail at RM5,000 with one surety and fixed March 8 to 12 next year as trial date.

Wong claimed trial to all three charges.

Selangor Mentri Besar Tan Sri Khalid Ibrahim’s former aide Yahaya Saari was also charged at Syafeera’s court for misleading Kumpulan Darul Ehsan Bhd chairman Datuk Abd Karim Munisar into giving him RM50,000 to organise an event to celebrate Pakatan Rakyat’s 100 days in office.

He was also charged for using fake documents to open a bank account for PKR.

Yahaya, who was charged under Section 420 of the Penal Code for the first offence and Section 471 of the Penal Code for the second offence, claimed trial and the court fixed bail at RM10,000 and set April 19 to 23, next year, for the trial.

If found guilty, Yahaya faces a jail term of up to 10 years, whipping and a fine for the first offence and a maximum of two years’ jail or a fine or both under Section 465 of the same code for the second offence. - Star, 4/11/2009, Sabak Bernam MP and five others charged with graft

MANDATORY DEATH PENALTY PROVISIONS IN LAW SHOULD BE REPEALED

MEDIA STATEMENT – 3/11/2009

MANDATORY DEATH PENALTY PROVISIONS IN LAW

SHOULD BE REPEALED

Unjust For Conned Drug Mules To Be Sentenced To Death for Drug Trafficking

MADPET (Malaysians Against Death Penalty and Torture) is pleased that there is some realization from the government, in particular the Deputy Foreign Minister A. Kohilan Pillay, about the fact that ‘…young Malaysian girls, some fresh graduates, were easily conned by men from the syndicates to travel abroad with a package…’ The report also stated that ‘…Malaysian lasses are an easy lot to charm. They are easily smitten by sweet words and gifts, making them an easy target for drug-trafficking syndicates looking for mules…’ (Star, 1/11/2009, Malaysian girls easily duped)

The report also stated that ‘there were currently 1,565 Malaysians jailed abroad and 60% of the cases were drug mules… “Six in China have been sentenced to death. Since 2007, about 30 Malaysians are in death row,”…’

Similarly, in Malaysia too, many in death row have been similarly conned to be drug mules, whereby many were not even aware that they were in possession drugs.

The Malaysian Dangerous Drugs Act 1952, in particular section 39B provides that any person involved in trafficking of drugs shall be guilty of an offence against this Act and shall be punished on conviction with death. The judges and courts, by reason of the mandatory sentence, are deprived of the option of imposing a lesser sentence, and MADPET believes that this is very wrong.

What makes it worse, is that there are presumptions in the Act, amongst others, that one ‘…shall be presumed, until the contrary is proved, to be trafficking in the said drug...’ if one is found in the possession of certain amounts of certain drugs. The onus of proving one’s innocence then shifts to the accused. This is contrary to the normal rule where the onus of proving one guilty beyond reasonable doubt is with the prosecution.

The reality is that those really involved in business of trafficking of drugs are seldom caught and prosecuted, and it is usually the mules, who many a time are not even aware that they are transporting or keeping drugs, who end up being arrested, charged, tried, convicted and sentenced to death. This is very wrong and unjust.

The official report to the United Nations on the death penalty states also states as follows, “…the low rates of effectiveness of law enforcement, the relative immunity from the law of those who profit most from the trade in drugs and the higher risk of violence and death they most probably run from others engaged in the drug racket, all make it seem implausible that the death penalty in itself will have a marginally stronger deterrent effect than long terms of imprisonment...”

The imposition of mandatory sentences also is wrong as by doing so, the legislative branch of government oust powers of the Judiciary that is the power of courts and judges to impose fair and just sentences depending on the circumstances and the facts of the case. A person who has been conned into keeping and/or carrying drugs, especially those who were unaware of the fact, should never be sentenced to death. A prison term would suffice.

One of the reasons used often by governments, including the Malaysian government, to justify the mandatory death penalty is that deters serious crimes. This was what Datuk M. Kayveas, a Deputy Minister in the Prime Minister's Department told Parliament. (Bernama, 28/6/2006) This is baseless and cannot be justified by any facts or statistical proof.

On the other hand, there are studies conducted throughout the world over the past seventy years using various different methodological approaches that have failed to find convincing evidence that capital punishment is a more effective deterrent of crime than long-term imprisonment.

Studies conducted in Australia show that abolition of the death penalty had no effect on the homicide rate and in Canada there in fact was a sharp decline in the homicide rate after abolition;

In the United States over the past twenty years, states with the death penalty in general have had a higher homicide rate than states without the death penalty;

The United Nations itself noted in 1988, 1996, and 2002, "research has failed to provide scientific proof that executions have a greater deterrent effect than life imprisonment. Such proof is unlikely to be forthcoming. The evidence as a whole gives no positive support to the deterrent hypothesis."

Noting also that on 18 December 2007, the UN General Assembly endorsed a resolution calling for a moratorium on executions with a view to abolishing the death penalty" by an overwhelming majority (Resolution 62/149), and on 18 December 2008, the United Nations General Assembly adopted with a bigger majority a second similar resolution calling for a moratorium on the use of the death penalty.

MADPET calls for the repeal of all provisions in law that provide for the mandatory death penalty.

MADPET reiterates its call for an immediate moratorium on all executions pending abolition, and for the abolition of the death penalty in Malaysia .

Charles Hector

for Malaysians Against Death Penalty and Torture (MADPET)

3^rd November 2009

DAP has made clear its position on the 'Allah' issue...what about PKR, PAS and Pakatan Rakyat?

With reference to my earlier posting, Pakatan should take a clear stand on the 'Allah' issue..., or is it the same as the BN position?,, I am pleased to state that the DAP has come out clearly as to their position.

Now we wait for Anwar Ibrahim and/or PKR, and for PAS's position. What is the Pakatan position is still not declared.

Test for 1Malaysia – Najib should ask Cabinet on Wednesday to revoke earlier decision to ban the use of word “Allah” for religions other than Islam

Malaysia is again at the centre of adverse international publicity despite our tourist promotion of Malaysia as a harmonious and model multi-religious nation and the Prime Minister, Datuk Seri Najib Razak’s new slogan of 1Malaysia.

In the past few days, the world media like CNN and international press have been giving extensive coverage to the government seizure of 15,000 Bibles in recent months because they refer to God as “Allah” raising concerns and fears of religious intolerance in the country.

A consignment of 10,000 copies of the Indonesian-language Bibles which feature the disputed word “Allah” was confiscated in Kuching, Sarawak in September while another consignment of 5,100 Bibles was seized in March.

The root problem of the seizure of these Bibles is the earlier decision taken by the Cabinet to ban the use of the word “Allah” for religions other than Islam, although this is a most unreasonable, divisive and even unconstitutional decision as:

1. The term “Allah” was in use long before there was the religion of Islam in the world;

2. The term Allah was used to refer to God by Arabic-speaking Christians before Arabic-speaking Muslims existed; and

3. Malaysia is probably the only nation where the use of the term “Allah” by Christians to refer to their God is prohibited, whereas its use to refer to Christian God has never been prohibited in many countries in the Middle-East and the Americas.

The confiscation of the Bibles and the ban on the use of the word “Allah” for religions other than Islam is incongruous with and even inimical to Najib’s 1Malaysia objective to give top priority to foster better inter-racial, inter-religious and inter-civilisational relations among Malaysians.

This is a test whether Najib’s 1Malaysia is to be taken seriously and I call on him to ask the Cabinet to revoke its earlier decision taken under previous administrations to ban the use of the word “Allah” for religions other than Islam.

I hope all Cabinet Ministers, particularly from MCA, Gerakan, MIC and the Sabah and Sarawak component parties of Barisan Nasional can take a bold and united stand on this issue to convince UMNO Ministers to support the revocation of the previous Cabinet ban on the use of the word “Allah” for religions other than Islam, as at issue is the very credibility and legitimacy of Najib’s 1Malaysia slogan and policy.

(Speech at Taiping DAP “Road to Putrajaya” thousand-people dinner at Hua Lian Chinese Independent Secondary Hall, Taiping on Sunday, 1st November 2009) - Lim Kit Siang's Blog