Tuesday, November 10, 2015

24 CSOs Demand A Written Guarantee to Stop Baram Dam Development Project

Demand A Written Guarantee to Stop Baram Dam Development Project
Civil Society Joint Statement
10 November 2015

Coinciding with the second anniversary of Baram blockade, We, the 24 civil society groups signing this statement, strongly demand the state government of Sarawak to immediately stop the Baram Dam development project with written guarantee and to stop encroaching the Native Customary Land.

Although Chief Minister Adenan has verbally instructed the suspension of this project, people of Baram would continue their resistance movement until the final written guarantee is presented by the state government.

We would like to reiterate, that, the local villagers have never been consulted prior to commencement of the dam project. It indicates a violation by the state government of the development principles of “Free, Prior, Inform and Consent” stated in United Nations Declaration on Rights of Indigenous Peoples. This mega dam project would force twenty thousand indigenous people to relocate, and annihilate heritages and cultures. An area as large as Singapore would be flooded, posing a long-term environmental destruction. Not only should the state government halts the Baram dam project, all 12 mega dam projects proposed under the Sarawak Corridor of Renewable Energy (SCORE) should also be canceled.

Baram people have been stationing at the two camps, namely Long Lama and KM15 in the past two years to prevent staff and contractors of Sarawk Energy Berhad (SEB) from going into the project construction site. Last year at KM 15, fourteen confrontations with SEB occurred in three months, during which SEB personnel were expelled and machines were moved away. A huge hole was also dug at the main road heading to the construction site.

The state government must recognize the perceived meaning of “development” by indigenous villagers. They would never accept any forms of exploitation of natural resources, let alone their ancestral land and rivers. They demand a sustainable development – provision of basic infrastructures and democratic life without sacrificing environmental ecology and culture. Therefore mega dam project at rural Baram should be replaced by construction of amenities (roads, schools and hospitals), as well as supplying electricity and clean water.

Signatories:
1.      Baramkini
2.      Damn the Dams Action Group
3.      Teoh Beng Hock Trust for Democracy
4.      Pusat KOMAS
5.      Center for Orang Asli Concern
6.      Institut Rakyat
7.      Rainbow Genders Society
8.      Institute for Development of Alternative Livestyle Lifestyle (IDEAL)
9.      Civil Rights Committee of KL & Selangor Chinese Assembly Hall
10.  Malaysian Youth and Students' Democratic Movement (DEMA)
11.  Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
12.  Tindak Malaysia
13.  Suara Rakyat Malaysia (SUARAM)
14.  Sahabat Rakyat
15.  Malaysians Against Death Penalty and Torture (MADPET)
16.  Save Rivers
17.  In Between Cultura
18.  Community Information and Communications Centre (CICOM)
19.  Bukit Bandarraya Residents Association
20.  Focus On Sarawak
21.  Aliran
22.  Johor Yellow Flame (JYF)
23.  Sunflower Electoral Education (SEED)
24.  Ban Cyanide Mining in Raub
Enquiry please contact Mr, Ng at 012-2658448



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白纸黑字中止巴南水坝计划
公民社会联合文告
2015年11月10日

适逢巴南人民设置路障2周年,我们,下述联署的24个公民社会组织,强烈要求砂拉越政府正视巴南区原住民反对建造巴南水坝的决心,即刻白纸黑字中止巴南水坝计划,停止侵占原住民土地,保障他们的传统习俗土地(Native Customary Land)。

尽管砂拉越首长阿德南已做出口头上承诺指示停止建设水坝工程的工作,但对于峇南人而言,砂州政府一天未以白纸黑字的形式宣布停止峇南水坝计划,峇南人仍会继续反水坝运动,抗争到底。

我们重申,巴南水坝的建造计划从未咨询当地居民的意见,违反了联合国原住民权利宣言所阐明的“自由、事先、知情及同意”(Free, Prior, Inform and Consent)的发展原则。此巨型水坝计划将迫使二万名原住民迁离世代居住的土地,消灭原住民村落几百年传下来的有形与无形文化,也将淹没如新加坡面积大的土地,对环境生态的破坏影响深远。砂拉越政府必须悬崖勒马,不仅应该停建巴南水坝,也应该一并撤销砂拉越再生能源走廊计划(SCORE)之下建议的十二座巨型水坝。

峇南人在过去两年内全天候驻守于两个反水坝营地,分别是Long Lama和KM15,以确保砂拉越能源局(Sarawak Energy Berhad)无法伺机进入水坝工地施工。其中KM15营地在去年杪的3个月内与砂源局对峙14次,将已进入工地准备施工的队伍驱赶之际,也把所有的机器移走,并在进入工地的主要路段挖一个大洞,以致没有人可踏入工地范围。

我们呼吁砂拉越政府聆听民意,了解砂拉越内陆居民所要的“发展”为何物。内陆居民拒绝出卖祖传地和河流,剥夺他们赖以生存的森林与河流资源。他们要求的是永续的发展,在保留环境生态与文化生活的基础上,提供基本社区设施以允许他们参与民主生活。职是之故,与其建造于内陆居民无益的水坝发电计划,当局应以建造道路、提供稳定那个水供电供,建立学校与医院,来发展峇南内陆。

联署组织:
1.  当今峇南 (Baramkini)
2.  反水坝小组(Damn the Dams Action Group)
3.  赵明福民主基金会 Teoh Beng Hock Trust for Democracy
4.  马来西亚社区传播中心Pusat KOMAS
5.  原住民关怀中心Center for Orang Asli Concern
6.  人民研究院Institut Rakyat
7.  彩虹性别学会Rainbow Genders Society
8.  开拓他种生活学会Institute for Development of Alternative Livestyle Lifestyle (IDEAL)
9.  隆雪华堂民权委员会 Civil Rights Committee of KL & Selangor Chinese Assembly Hall
10.马来西亚青年与学生民主运动(学运)Malaysian Youth and Students' Democratic Movement (DEMA)
11.雪隆社区协会Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
12.行动大马Tindak Malaysia
13.人民之声Suara Rakyat Malaysia (SUARAM)
14.人民之友Sahabat Rakyat
15.马来西亚反死刑与酷刑组织Malaysians Against Death Penalty and Torture (MADPET)
16.拯救河流组织 Save Rivers
17.之间  In Between Cultura
18.社区资讯与通讯中心 Community Information and Communications Centre (CICOM)
19.武吉班达拉也居民协会 Bukit Bandarraya Residents Association
20.关注砂拉越 Focus On Sarawak
21.国民醒觉运动 Aliran
22.柔南黄色行动小组 Johor Yellow Flame
23.向日葵选举教育运动Sunflower Electoral Education
24.劳勿反山埃委员会 Ban Cyanide Mining in Bukit Koman

查询请联络反水坝小组联络人黄先生012-2658448。谢谢。 



Monday, November 09, 2015

TPPA text in Bahasa for rakyat to read and understand - Charles Santiago reiterates PRM's call

What is the National Language in Malaysia? Thanks to the UMNO-led coalition in Malaysia since independence, the proficiency in English has generally been lost - and many do not understand it - certainly not to be able to read the text of the TPPA - now only available in English.

A few days back, one political party issued a media statement calling for the government to make available the text of the TPPA in the national language and the language of the people - Bahasa Malaysia, Mandarin, Tamil, Kadazan...but alas, our media (including alternative media) failed to report it. It is sad that media seems only interested in the voice of the 'big boys' - and so many voices continue to be suppressed. See the Parti Rakyat Malaysia(PRM) Statement, and maybe also the other statements :-TPPA harus segera disediakan dalam Bahasa rakyat Malaysia supaya rakyat tak fasih English tidak diprejudiskan

Anyway, this concern about the language of the TPPA text was finally raised by Charles Santiago...and the media has highlighted this concern...

Charles Santiago also urged to translate all the legal jargon in the Trans-Pacific Partnership Agreement (TPPA) text into something everyone can understand.

The BN government is having briefings on the TPPA - but alas what they will highlight may be just the things they want us to see - not the other dangerous concerns that have been raised by others. Will is be a briefing using the approach 'Listen Only' - with no time for questions and answers, let alone discussions. There are attractive arguements for the TPPA - but alas, in my opinion, the dangers outweigh the good.

Further, concern may be raised whether by being part of this agreement, we may be aligning ourselves with the super-powers, US and Europe - and will this affect our non-alligned status. Obama is concerned for the well-being of the US people and businesses - not about us Malaysians and Malaysian businesses. That is what our Malaysian government should be concerned about - not just protecting Bumiputra privileges and businesses and GLCs - but really all Malaysian people and Malaysian owned businesses.

As it is, the recent policies and actions of the government like the GST,Subsidy removal, increased public transportation charges, etc is really not helping Malaysians. Then, for the minimum wage, this government fixed an absurdly low minimum wage of RM1,000 - look at your own monthly expenses - can anyone reasonably 'survive' with such low wages?

For the cheapest meal, it will now cost RM5, and if a person has 3 meals a day, that is RM15, and in a month, that will be about RM15 X 30 = RM450-00

Transportation Cost, let's be absurd and say RM2 - that will be RM60

Electricity & Water - RM50? 

Well, that brings it to RM560-00

Telecommunication - RM50

Television (Astro Minimum about RM35) - RM35

Worker has a wife, 1 or 2 or 3 children (meal cost) or other dependents, let's say illogically, we say RM300 

Now, that brings the expense to RM945-00

Now, add shelter - rent/monthly bank loan payments = RM55 left? - BN Government says private sector workers less important than government workers - so different MINIMUM WAGES?

Remember, when people become desperate - that translate into rise of crime rate, and we all that live in community will be affected.. and the petty crime rates committed by 'desperate' people are increasing, in my opinion, and our BN government just stopped giving us the statistics of crimes in our areas > now they give us some 'crime index' - that does not tell us the number of crimes especially petty thefts, etc...

Now using ENGLISH and 'difficult language' - they make available the TPPA text online...and they believe that this is enough. UMNO - United Malay.... but where is the text in Malay?

 

'Translate TPPA legal mumbo jumbo into laymen's terms'


Zikri Kamarulzaman     Published     Updated     2

The government has been urged to translate all the legal jargon in the Trans-Pacific Partnership Agreement (TPPA) text into something everyone can understand.

Klang DAP lawmaker Charles Santiago said this is because the 10,000 page text as it is, is so complicated that many cannot understand it.

"People are complaining that they can't understand it, even businessmen. And you can't even go to just one lawyer because there are many issues [...] the same lawyer can't be an expert in all these fields," the MP told Malaysiakini.

The other problem, he said, was the language barrier as the agreement is entirely in English.

"Most Malaysians can't read English, they can't understand. Even if you can read English, you are now reading a legal text.

"So I've made a proposal to International Trade and Industry Minister Mustapa Mohamed to translate it to Malay, Mandarin, and Tamil; say what does it mean in a language that we speak," Charles added.

He said this needed to be done quickly because there was not much time before Parliament deliberated on the matter.

Mustapa has said that the TPPA may be debated in Parliament in January or early Februrary.

The TPPA is a multinational free trade agreement in which the US is a main proponent. Apart from Malaysia, other countries involved in its secretive negotiations include Australia, New Zealand, Vietnam, Mexico, and Canada, among others.

A cost-benefit analysis of the agreement is scheduled to be released in two weeks’ time.- Malaysiakini, 9/11/2015.

Sunday, November 08, 2015

Malaysian Bar : Unabated Deaths in Custody Demonstrate that Police Cannot Police Themselves

See also earlier posts:- 

Police officers that tortured and killed detainee - what will the AG and the Malaysian government do?

and the relevant Enforcement Agency Integrity Commission report

 

Press Release | Unabated Deaths in Custody Demonstrate that Police Cannot Police Themselves 
Saturday, 07 November 2015 05:00pm
ImageThe Malaysian Bar notes that the Inspector General of Police (“IGP”), Tan Sri Dato’ Sri Khalid Abu Bakar, has reportedly pledged that any police personnel involved in the death in custody of Syed Mohd Azlan Syed Mohamed Nur would be brought to justice.

It is shocking that individuals continue to die in such highly suspicious circumstances while under the care of the police.  The report recently released by the Enforcement Agency Integrity Commission is a severe indictment of the management and protection of detainees being held in custody.  It points to a deeply entrenched and systemic problem within the police force that defies resolution.

The Malaysian Bar is concerned that the IGP’s announcement may be a mere platitude, as deaths in custody have continued unabated, despite the news in May 2013 that the IGP would head a special committee established to take measures to prevent deaths in police lockups.  

In the wake of the death in police custody of N Dhamendran at that time, the Minister of Home Affairs Dato’ Seri Dr Ahmad Zahid Hamidi had reportedly proposed that closed-circuit surveillance cameras (“CCTVs”) be installed in all holding cells in police lock-ups, and that detainees should be held in centralised holding centres instead of police lock-ups, with adequate monitoring and CCTV coverage.  He had also announced that the standard operating procedures for police interrogations would be re-evaluated.  A year later, the Minister announced in May 2014 that CCTVs would be installed in all police lock-ups, as only one police station lock-up had a CCTV then.

The Malaysian Bar calls upon the IGP and the Minister to now provide a comprehensive account of the steps that have been taken in the intervening 17 months, and to account for the failure of the measures intended to eradicate the occurrence of deaths in custody.

Death in custody, especially by foul means or under dubious conditions, is among the most heinous crimes imaginable in a civilised society under the rule of law.  The present state of affairs has led to much public outrage and an erosion of confidence in the police.  The police must be proactive in ensuring that the wrongful actions of some amongst them do not tarnish the standing of the whole force.  Unless this is addressed, the police force will unfortunately remain a diminished institution in the eyes of the public. 

Such tragedies reinforce the Malaysian Bar’s repeated calls for the Government to implement the recommendation of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police, in its report published in May 2005, for the setting up of an Independent Police Complaints and Misconduct Commission (“IPCMC”) to function as an independent and external oversight body to investigate complaints about police personnel and to make the police accountable for their conduct. 

The Malaysian Bar calls on the IGP to take concrete and immediate action, as this is a matter of utmost public interest that warrants the highest level of priority.  Public confidence can only be restored, and justice seen to be done, if swift action is taken to ensure that the perpetrators are brought to book and prosecuted to the fullest extent of the law.

We also call on all government authorities to further strengthen the standard operating procedures in every circumstance of detention and custody, to ensure the safety and welfare of detainees.

Every death in custody is inexcusable, and Syed Mohd Azlan Syed Mohamed Nur’s demise is another death in custody that demonstrates that the police are unable to police themselves.

Steven Thiru
President
Malaysian Bar

7 November 2015 

Saturday, November 07, 2015

Police officers that tortured and killed detainee - what will the AG and the Malaysian government do?

Malaysian police at the Sungai Rengit police station arrested and killed a 25 year old Malay man,
Syed Mohd Azlan Syed Mohamed Nur.

Action must be taken against not just the police officers that tortured and killed, but also those who did nothing and stood by. The Officer in Charge of the said police station must also be charged. Remember the police called this a 'sudden death' - knowing fully that the police themselves were responsible in killing Syed Mohd Azlan Syed Mohamed Nur.

Sadly our Attorney General had even assured us that action will be taken against these police officers. We certainly do not police officers that torture persons arrested or detained in the police force.  

“There was an element of crime in the attacks involving common intent or abetment by PDRM officers, including the arresting team, to intentionally use physical violence on the deceased to cause death or injury,” the EAIC said in a statement today.

...its investigations also found attempts to obscure evidence from the 25-year-old’s interrogation that resulted in 61 separate injuries on various parts of his body...


 EAIC says Johor man’s 2014 death in custody was murder 

Friday October 30, 2015
11:49 PM GMT+8

File picture of lawyer Gobind Singh Deo (right) holding up a copy of Syed Mohd Azlan’s autopsy report while accompanying the victim’s parents, Sharifah Halilah Syed Sylaiman, 57, and Syed Muhamad Nur Ali, 67, at a news conference at the former’s office in Kuala Lumpur.  

















File picture of lawyer Gobind Singh Deo (right) holding up a copy of Syed Mohd Azlan’s autopsy report while accompanying the victim’s parents, Sharifah Halilah Syed Sylaiman, 57, and Syed Muhamad Nur Ali, 67, at a news conference at the former’s office in Kuala Lumpur.
KUALA LUMPUR, Oct 30 — The use of physical violence by police during arrest and questioning was the cause of Syed Mohd Azlan Syed Mohamed Nur’s 2014 death in custody, the Enforcement Agency Integrity Commission (EAIC) said today.

According to the enforcement watchdog, its investigations also found attempts to obscure evidence from the 25-year-old’s interrogation that resulted in 61 separate injuries on various parts of his body.

The police officers involved also engaged in a “serious breach” of standard operating procedures concerning the handling of detainees, material seizure, and the integrity of statements.
 
“There was an element of crime in the attacks involving common intent or abetment by PDRM officers, including the arresting team, to intentionally use physical violence on the deceased to cause death or injury,” the EAIC said in a statement today.

It added that the action was a criminal offence, specifically under Section 302 and 325 of the Penal Code read with Section 34 of the same Act.

Section 302 pertains to murder while Section 325 involves voluntarily causing grievous bodily harm; Section 34 deals with voluntarily causing hurt.

The EAIC then recommended that the Attorney-General’s Chambers to prosecute the officers involved for the crimes identified in the agency’s investigations.

It added that it was regrettable that custodial deaths continue to occur repeatedly in the country, saying that the matter should be viewed seriously.

According to the EAIC’s investigations, Syed Mohd Azlan had been arrested on November 3, 2014 near Pengerang, Johor over possible involvement in an armed altercation involving two groups on September 14 the same year.

He had been detained by a team of 13 police officers and held at the Sungai Rengit police station, where he had been interrogated over the attack.

Syed Mohd Azlan was later transferred to the Kota Tinggi district police headquarters to be remanded, but died while in transit.


A post-mortem determined the cause of death to be blunt force trauma to his chest, while 61 defensive wounds were discovered on his face, torso, and both legs. -
Malay Mail, 30/10/2015
 
 
ALIRAN MEDIA STATEMENT - 3/11/2015

Deaths in police custody: Prosecute the culprits

 


Aliran members were among those who protested outside the central lock-up in Bayan Baru on Mother's Day 2014
Almost a year ago, a media report was published about a 64-year-old welder from Pengerang, Johor, alleging that his 25-year-old son, Syed Mohd Azlan bin Syed Mohamed Nur, was killed in police custody and that no explanation had been given to him about his son’s death.



Aliran refers to a 30 October 2015 statement by the Enforcement Agency Integrity Commission (EAIC) on their findings of their investigation into the death of this young man while in police custody.

According to the EAIC statement, Syed Mohd Azlan was arrested by a team of 13 police officers on 3 November 2014 at 3.30am as part of an investigation under Section 148 in the Penal code i.e., possessing weapons or missiles in a riot, based on a police report made against him. He was taken to Sungai Rengit Police Station in Pengerang, Johor for questioning.

A few hours later, at about 7am, while he was being taken to the district police headquarters in Kota Tinggi for a remand application, pending investigation under S148 of the Penal Code, Syed Mohd Azlan was found to be unresponsive and weak.

He was taken to a nearby health clinic where he was checked by a doctor at about 8.30am and certified dead. A police report was subsequently made by the head of the arresting team at about 10am the same day.

Following the EAIC statement, a post mortem conducted the following day determined the cause of death as blunt force trauma to the chest. The medical examination reportedly showed that the deceased had 61 injuries (cuts, bruising, scratches) on his face, body and on both his legs.

Some of the injuries were said to be consistent with defence wounds as the deceased tried to defend himself against the brutality inflicted on him. The use of non-standard-issue police handcuffs also caused hurt to the wrists of the deceased.

The EAIC states clearly that their findings show that the death of Syed Mohd Azlan was connected with the use of physical force by the police who arrested and questioned him.

The EAIC also states that there was tampering of evidence by the police including:
  • the cleaning up the incident area before it was visited and examined,
  • disposal of a rubber mat and carpet at the place of arrest which was believed to have blood stains of the deceased, and
  • hiding or removal of eye witnesses to the incident.
Furthermore the EAIC found a serious breach of the police standard operating procedures (e.g. on arrests and handling of suspects as well as on discovery and seizure).

The EAIC also noted abetment of a criminal nature by the arresting officers in physically brutalising Syed Mohd Azlan which resulted in his injury and death.

The EAIC have found the police not only culpable in a man’s death but also the occurrence of severe breaches in police protocols and attempts to cover up the wrongdoing.

The Malaysian public should be utterly horrified that, during an investigation into possession of weapons (which incidentally were never found), a young man was subjected to a horrific beating which resulted in his death. Such violence is inexcusable and unacceptable.

This is not the first time such a thing has happened and one wonders what it would take to make the government take the issue of deaths in custody seriously.

Given the findings from the EAIC, Aliran strongly urges:
  • the attorney general to take swift action and identify, charge and prosecute the police officers involved in the unlawful killing of Syed Mohd Azlan.
  • that Syed Mohd Azlan’s family be compensated for their loss although it will never bring him back
  • the Home Minister to take steps to implement the EAIC recommendations, which include police refresher training on arrests, the tightening and monitoring of SOPs, a ban on the use of non-standard-issue equipment during arrests, and research into the suitability of amending the Penal Code and Evidence Act 1950 to place the presumption of guilt on those who are responsible for detainees until proven otherwise, in death- and injury-in-custody cases.
Dr Prema Devaraj
Aliran executive committee member
3 November 2015

 

Friday, November 06, 2015

Najib and BN not bothered about saving Sarawakian Kho Jabing's life - may be executed in Singapore soon?

Kho Jabing, a 31 year old Sarawakan on death row in Singapore, had his clemency petition rejected by the President on the advise of the Cabinet on 19 October 2015. He has exhausted all legal avenues and is at risk of being executed soon.

UPDATE:- Allegedly, he was scheduled to be executed today(Friday, 6/11/2015) - but there was a news report in Malay Mail that stated he may have obtained a stay of execution.(I have not yet managed to get confirmation)
 

Anti Death Penalty Asia Network (ADPAN) Press Statement - 3rd November 2015

HALT THE EXECUTION OF KHO JABING

The Anti-Death Penalty Asia Network (ADPAN) urgently calls on the government of Singapore to halt the impending execution of 31 -year-old Sarawakian Kho Jabing, whose application for clemency was rejected by the President of Singapore on 19 October.

Kho Jabing was arrested in February 2008 for his participation in a robbery during which he hit a victim with a wooden stick or branch, resulting in the man’s death. He was convicted in 2010 under Section 300c of Singapore’s Penal Code, and his mandatory death sentence was confirmed by the Court of Appeal in 2011.

In 2013, amendments to Singapore’s mandatory death penalty regime came into force, allowing Jabing the opportunity to be re-sentenced. Describing Jabing’s actions as “opportunistic and improvisational”, a High Court judge re-sentenced him to life imprisonment with 24 strokes of the cane. However, the prosecution appealed and in January 2015 a five-judge Court of Appeal reinstated the death sentence after deeming in a majority decision that Jabing had “exhibited a blatant disregard for human life”.

It is important to note that Jabing’s final death sentence was not passed with a unanimous decision, but a slim majority. Two of the five appeal judges did not feel that the death penalty was appropriate for his crime, and felt that there was reasonable doubt as to the number of times and intensity with which Jabing had hit his victim that would affect any consideration of whether he had acted with a blatant disregard for human life.

The death penalty is the most final and irreversible of punishments. We cannot afford a single shred of doubt when a state condemns an individual to the gallows.

Yet here we have the case of three learned judges – the High Court judge and two Court of Appeal judges – saying they did not believe capital punishment suitable in Jabing’s case. It is therefore unsafe to pass the ultimate sentence of death when doubt clearly exists even among Singapore’s most esteemed legal professionals.

ADPAN urges the President and the Cabinet of Singapore to reconsider their decision not to grant Jabing clemency.

Issued by:

ADPAN Executive Committee

URGENT ACTION NEEDED:-

Send letters/emails calling on the Singapore government to no execute Kho Jabing. A sample open letter by The Singapore Working Group on the Death Penalty can be found below.

You can send your letter to the following:

President of Singapore
His Excellency Tony Tan Keng Yam Office of the President of the Republic of Singapore
Orchard Road, Singapore 238823
Fax: (65) 67353135
Email: istana_feedback@istana.gov.sg

Prime Minister of Singapore
Lee Hsien Loong Prime Minister’s Office
Istana Annexe, Orchard Road, Singapore 238823
Fax: (65) 63328983
Email: lee_hsien_loong@pmo.gov.sg

Minister of Law and Home Affairs
Mr. K Shanmugam
100 High Street, #08-02 The Treasury, Singapore 179434
Fax: (65) 6332 8842
Email: k_shanmugam@mlaw.gov.sg


The letter that was sent by The Singapore Working Group on the Death Penalty

Mercy for Kho Jabing: An open letter to the Cabinet

Dear distinguished Ministers,

We are writing this letter of appeal for Kho Jabing, whose petition for clemency was rejected on 19 October 2015. We urge the Cabinet to reconsider his clemency in light of the fact that there was no unanimous decision even at the highest court of the land, and our learned judges were split in their opinion of whether the death penalty was appropriate in his case.

We also seek the compassion of the Cabinet for the family of Jabing, who have gone through much suffering since his original sentencing. His father passed away shortly while Jabing’s case was ongoing, and Jabing’s sister Jumai believes that her father’s illness prior to his death was due to Jabing’s incarceration, which came as a great blow for him. His mother, who has been unable to work due to health reasons, has lost both her sources of financial support and has been living on the goodwill of her neighbours and minimal state welfare ever since then.

On top of her ill-health, the thought of losing Jabing, her only son, is too much for his mother to bear. We cannot imagine the effect of his death will have on her wellbeing.

We understand the grievousness of his offence but hope that he will be given a second chance and a more meaningful way to atone for his crime.

We hope that our Ministers will be compassionate and consider all factors related, especially the impact of capital punishment on Jabing’s family, and exercise mercy by commuting his death sentence to that of life imprisonment.

Yours sincerely,

Singapore Working Group on the Death Penalty
__________________________________________
The Singapore Working Group on Death Penalty comprises the Singapore Anti-Death Penalty Campaign, We Believe in Second Chances and Think Centre. All three organisations are also members of the Anti-Death Penalty Asia Network (ADPAN).

Thursday November 5, 2015
12:22 PM GMT+8
UPDATED:
November 05, 2015
01:32 PM GMT+8
Sarawakian Kho Jabing has been granted a stay of execution today after his lawyer filed an appeal with officials in Singapore. ― File picSarawakian Kho Jabing has been granted a stay of execution today after his lawyer filed an appeal with officials in Singapore. ― File pic KUALA LUMPUR, Nov 5 ― Condemned to hang for the murder of a China national tomorrow, Malaysian Kho Jabing has gained precious extra time after he was granted a stay of execution today after his lawyer filed an appeal with officials in Singapore.

The temporary reprieve for the 31-year-old Miri native was announced by the Malaysian unit of Amnesty International on social media just minutes ago.

“Good news! Kho Jabing will not be executed tomorrow 6 Nov 2015,” the group said on its Twitter account @@AmnestyMy.

Anti-execution activist Kirsten Han, who has been campaigning actively to save the Sarawakian’s life, told Malay Mail Online however that the stay of execution did not specify a time.

“A stay of execution has been granted. Not sure for how long yet. This is a stay so that the court can hear the lawyer's case,” the co-founder of We Believe in Second Chances said in a text message.

Jabing left for Singapore in 2007 searching for better economic opportunities and was hired as a labourer there.

He was first convicted and sentenced to death in 2010 for the murder of China national Cao Ruyin, 40.

When amendments to the mandatory death penalty came into force in 2013, however, Jabing was deemed eligible to apply for resentencing; his sentenced was later commuted to life imprisonment and 24 strokes of the cane by the Singapore High Court.

However, a 3-2 decision at the Singapore Court of Appeal last January after the prosecution appealed sent Jabing back to death row.

Jabing’s sister, Jumai, has come out openly to plead for her brother’s life. - Malay Mail, 5/11/2015

- See more at: http://www.themalaymailonline.com/malaysia/article/on-eve-of-execution-sarawakian-kho-jabing-wins-stay-says-amnesty-internatio#sthash.x8qC8w07.dpuf

Sexism and Bigotry in Parliament Must Be Censured (EMPOWER)

Sexism and Bigotry in Parliament Must Be Censured
Media Statement, 5 November 2015

Persatuan Kesedaran Komuniti Selangor (EMPOWER) is appalled to read reports that the Member of Parliament for Baling, Datuk Seri Abdul Azeez Abdul Rahim, had used the slur “pondan” against a female Parliamentarian during a debate and further compounded his offence the next day by calling another Parliamentarian an “apek” and telling him to “balik tongsan.” We are further outraged that the Speaker did not censure him for the use of these derogatory terms, merely that he should retract the use of “balik tongsan.”

Even more outrageous is the fact that the MP for Baling uttered the word “pondan” against Kasthuri Patto, the MP for Batu Kawan, when she refused to let him interrupt her speech on the deaths of the seven Orang Asli children in Gua Musang. She was bringing up concerns over the quality of education available to Orang Asli communities and their children and asking for accountability on the part of government agencies tasked with their care and empowerment. Do these issues matter so little that a Parliamentarian saw fit to interrupt her speech and use a slur against her?

We note that Datuk Seri Abdul Azeez Abdul Rahim is a repeat offender. He was the same MP who said in April that non-Muslim women should not be invited to mosques because they “mungkin bocor” (ie., might be menstruating), in response to the MP for Kulai being invited to a function in a surau. These uncouth remarks are unbecoming of not only his office as a Parliamentarian, but also as the Chairperson of Lembaga Tabung Haji’s Board of Directors.

That the MP for Baling appears to enjoy the absence of any possible reprimand reflect a political scenario where sexist, homophobic and transphobic words are freely used against perceived opponents, and where ethnic minorities are demonised or summarily ignored as unimportant. His impunity also reflects a country where women make up only 10.4 percent of the 222 Parliamentarians, and face multiple layers of discrimination in even being nominated as election candidates.

Despite scoring fairly high for the United Nations composite Human Development Index in 2013, with a value of 0.773 and a global rank of 62nd, Malaysia scored only a paltry 0.21 on the gender index (with a score of 1 indicating absolute gender equality) – among the lowest in the Asia Pacific region. In other words, despite having the appearance of a newly-developed nation, Malaysia has a long way to go in terms of ensuring equality for women. Or, for that matter, communities at the very margins of its development policies.

As an immediate measure, EMPOWER calls on the Speaker and for Barisan Nasional to censure the MP for Baling over his un-Parliamentarian, derogatory remarks. As part of a broader approach, we further call for a Parliamentary review of the standing orders to prohibit sexist, racist, and bigoted remarks.

We remind the government that the United Nations has raised gender equality as a priority issue, including it as a stand-alone goal in the new Sustainable Development Goals. The Malaysian government has repeatedly pledged its commitment at national, regional, and international levels. Unfortunately, while the Prime Minister Dato’ Sri Najib Tun Razak makes a meal out of the Malaysian government’s moderation and empowerment of women in international fora, this is undermined at home by a member of his own party.


Janarthani Arumugam
President
Persatuan Kesedaran Komuniti Selangor (EMPOWER)

Wednesday, November 04, 2015

TPPA - The Malaysian people to decide rather than MPs/Senators? Referendum?

Trans-Pacific Partnership Agreement(TPPA) - Our BN government tells us that Malaysia has not yet signed this agreement. Apparently, the agreement will be signed after Parliament approves it.[But, then there are reports that Malaysia already signed on 15/10/2015, and that the Parliament needs to ratify it before Malaysia is bound - confusing, and who to believe? Why did Malaysia's BN government led by Najib sign before getting the Malaysian people's OK - remember that BN did not even receive the support of 50% of the Malaysians who voted last General Elections. Hence, mandate of the people is still definitely needed - best by a REFERENDUM]

PROBLEM 1:- In our Dewan Rakyat, all our Barisan Nasional MPs will have no choice but to vote just as Najib wants them to. There may be some 'debate' but at the end of the day, BN MPs will vote as the BN Party Whip tells them to. [Or will the BN not use the WHIP and allow BN MPs to vote as they see fit - guided hopefully by consideration of what is best for the Malaysian people...not their 'political survival' in BN]

"If a BN MP is not agreeable to the Whip and does not agree to toe the party line when voting in Parliament, the MP can resign and contest as an Independent and vote based on conscience...."Even opposition MPs are also bound by their own Whip system, party discipline and regulations. "- Malaysian MPs - Party or People's Representative? Abolish the WHIP?

PROBLEM 2:- When will the Malaysian people be able to have sight of this TPPA Agreement? NOW is when they need to see the agreement, so that the ordinary people can study it - have discussions with their own MPs and come to a conclusion as to whether to support Malaysia's ratifying/signing of the TPPA or not, or maybe allowing the signing/ratifying but with some reservations just like when Malaysia signs UN Conventions and some other Global Agreements.

But, if it is tabled at the last minute in Parliament only, a few days before the vote is called for, then the people will really do not have the time to vote on it - and their MP will be voting possibly not as the people's rep. 

Most MPs are ordinary people with ordinary inteligence - they need time to study - they need time to be advised by 'consultants' - they need time to get the people's input.

Some even believe that the TPPA agreement's content will not even be disclosed to the public - but only the MPs (and maybe the Senators) possibly after they have agreed to keep it 'secret'. Hopefully, this does not happen.

Will MPs have consultation with the people? Well. sadly almost all MPs do not go back and consult their constituents on any matter - no public consultations [maybe a few talks with selected few...]. There is nothing stopping an MP to have a regular session with the people - maybe at minimum once a month. Get a Hall, report back to the people for 20 minutes, then take questions and answers for 1 hour, and then get the feedback on upcoming decisions that an MP will have to make... Why can't our Malaysian MPs do this? Better if such sessions are held every week...

REFERENDUM :- That is a voting like our General Elections, where the ballot paper will have 3 Options, and all Malaysians will have to choose - and be a part of the decision making...

A. MALAYSIA HARUS TANDATANGAN TPPA(Malaysia to sign TPPA)

B. MALAYSIA HARUS TIDAK TANDATANGAN TPPA(Malaysia not to sign TPPA)

C. BELUM BUAT KEPUTUSAN/BERKECUALI (Undecided/Abstain)

Then, it may be truly a people's decision....on whether Malaysia should or should not sign the TPPA. 

Why is the Malaysian government still keeping the TPPA Secret? Anytime, this happens, many believe that there are some 'wrongs' or 'bad things' that this BN government (or any government) is trying to hide from the people. Are we not a democracy? If we are, then NO MORE SECRETS...


Abim, NGOs file suit to stop Putrajaya from signing TPPA


Angkatan Belia Islam Malaysia (Abim) and 2 other Malay non-governmental organisations (NGOs) want to stop Putrajaya from signing the contentious Trans-Pacific Partnership Agreement (TPPA). – The Malaysian Insider file pic, November 4, 2015. 
Angkatan Belia Islam Malaysia (Abim) and 2 other Malay non-governmental organisations (NGOs) want to stop Putrajaya from signing the contentious Trans-Pacific Partnership Agreement (TPPA). – The Malaysian Insider file pic, November 4, 2015. 
 
Angkatan Belia Islam Malaysia (Abim) and two other Malay non-governmental organisations (NGOs) have filed for a judicial review to stop Putrajaya from signing the contentious Trans-Pacific Partnership Agreement (TPPA).
 
They also want the government to release the agreement and other related documents to them and the public.
The three are also seeking a declaration that provisions in the TPPA will amount to a breach of fundamental provisions in the Federal Constitution.

The applicants‎ also want a stay order from the court to stop the government from signing the TPPA until the disposal of the merit of the judicial review.

The application was filed today on behalf of the three applicants by Messrs Haniff Khatri at the Kuala Lumpur High Court Registry‎. Apart from Abim, the other NGOs are Urusetia Menangani Gejala Sosial (Unggas Malaysia) and Persatuan Teras Pendidikan Malaysia.
 
Also named as respondents to the application are Prime Minister Datuk Seri Najib Razak and the Ministry of International Trade and Industry.
 
Lawyer Mohamed Haniff Khatri Abdullah, who is representing the app‎licants, said the court has to give leave before the merit of the matter was heard.
 
"We will extend the court papers to the Attorney-General's Chambers once the sealed copies are obtained to hear the leave application," Haniff said.
 
On October 5, 12 countries including Malaysia signed the TPPA in Atlanta, United States.

International Trade and Industry Minister Datuk Mustapha Mohamad was reported to have said that the agreement is expected to be ratified by Parliament in January. – November 4, 2015.

Azmin, will there be 3 more tol highways in Selangor?

Selangor government is a DAP-PAS-PKR coalition government, and people are concerned about roads where we have to pay toll. 

Recent allegation that there may 3 other new toll highways in Selangor is disturbing, and Azmin recently said he did not approve any new highways since taking office. But, the question that remains is whether we will be seeing new toll highways in Selangor - and was it approved by Selangor. If it was approved before Azmin became Menteri Besar, the fact still remains that this is a Pakatan Rakyat governed state. Explain that... 

Azmin to face PKR over alleged approval of 3 Selangor highways





Selangor Menteri Besar Mohamed Azmin Ali will be asked to account for his alleged approval of three highways in the state without the consultation of PKR leadership. – The Malaysian Insider file pic, October 28, 2015. 




Selangor Menteri Besar Mohamed Azmin Ali will be asked to account for his alleged approval of three highways in the state without the consultation of PKR leadership. – The Malaysian Insider file pic, October 28, 2015. 
 
Selangor Menteri Besar Mohamed Azmin Ali will be hauled up to explain allegations that ‎he approved the construction of three highways in the state without consulting the party leadership, PKR president Datuk Seri Dr Wan Azizah Wan Ismail said.

She said Azmin would have to face the party this Friday during the tabling of the Selangor Budget 2016.

"I will ask him what happened," the opposition leader said outside Parliament today when asked if Azmin would be asked to explain the matter.

"This Friday, we have the Selangor Budget so I will ask him to explain to the party." Sinar Harian yesterday reported PKR secretary-general Rafizi Ramli as saying that Azmin would have to face the party leadership over the allegations.

Sinar Harian's report mentioned the 32km Sungai Besi-Ulu Kelang highway that will cut through Cheras, Kajang and Taman Putra Ampang.

The report said the 60-year concession was awarded to Projek Lintasan Kota Holdings (Prolintas), and was expected to resolve traffic congestion problems in several highways in the Klang Valley.

The state government had approved another highway, the East Klang Valley Expressway (EKVE) in June, which environmentalists said would cut through the Ampang reserve, a critical source of water for the Klang Valley.

This, they said was not in line with Azmin’s pledge on January 7 to ban development which harmed the environment.

Earlier in the year, Azmin pulled the plug on the controversial Kinrara-Damansara Expressway (Kidex) for failing to fulfil the conditions set by the state government.

Among the conditions were for independent traffic and social impact assessments to prove that the project would benefit not only road users, but also those living along the alignment, as well as the negatives of the project.

The state also wanted the concessionaire to reveal the toll rate throughout the concession period, including any hikes in between. It also wanted to know the amount the concessionaire would collect during the concession period and the rate of return on investment.

The fourth condition was for the full concession agreement to be disclosed in line with the state government’s thrust on transparency and accountability.

Azmin had also said earlier this month there was no definite decision on whether to build a proposed Damansara-Shah Alam Highway (DASH), to which residents had objected.

Last month, residents' lobby group Say No to DASH (SNTD) had also urged Azmin to give clear answers on which highways had been approved following confusion and "errors" involving the listing of certain highways supposedly cancelled in the state's development plans.

SNTD said if found that the last portion of the proposed DASH was still included in the Draft Selangor State Structure Plan (SSP) 2035, despite the menteri besar's promise to the contrary.

Azmin had also previously admitted that the inclusion of the Kinrara-Damansara Expressway (Kidex) in the SPP was a mistake, as the state government had already decided to cancel the project.

SNTD said that as of November last year, Kidex, DASH and the East Klang Valley Expressway (EKVE) were still listed as projects under the Selangor government’s development master plan. – October 28, 2015.

- See more at: http://www.themalaysianinsider.com/malaysia/article/azmin-to-face-pkr-over-alleged-approval-of-3-selangor-highways#sthash.1nadMD7H.dpuf



STAR, Wednesday October 28, 2015 MYT 8:22:56 PM

Wan Azizah: Azmin to be questioned over Selangor highways

KUALA LUMPUR: Selangor Mentri Besar Mohamed Azmin Ali will be asked to explain allegations that he approved construction of three highways in the state without the knowledge of the PKR leadership.

PKR president Datuk Seri Dr Wan Azizah Wan Ismail (pic) said Mohamed Azmin will be present during the tabling of the 2016 Selangor Budget on Friday.

"I will ask him what happened. This Friday, we have the tabling of the Selangor Budget so I will ask him to explain to the party at that time," she told reporters at the Parliament lobby on Wednesday.

It was previously reported that Mohamed Azmin had allegedly approved construction of the Sungai Besi - Ulu Klang highway, the East Klang Valley Expressway (EKVE), and the Damansara - Shah Alam highway (DASH). - Star, 28/10/2015

Fadillah: Three new highways will benefit S’gor people

October 29, 2015
Federal government hopes the expressways will ease traffic congestion on existing roads in the state, says minister.
fadillah-selangor
KUALA LUMPUR: The approval given for the construction of three expressways in Selangor is a rational decision made for the benefit of the people, said Works Minister Fadillah Yusof.

He said the federal government had been hoping for new expressways to be built to help ease traffic congestion on existing roads in the state.

“Besides being beneficial to the country’s economy, it will also be of huge benefit to the people of Selangor and neighbouring areas,” he told reporters after opening the ministry’s Innovation Day 2015 here today.

Selangor Menteri Besar Mohamed Azmin Ali was recently reported to have approved the construction of the Sungai Besi-Ulu Kelang Elevated Expressway, the Damansara-Shah Alam Elevated Expressway and the East Klang Valley Expressway.

However, the decision became an issue as the menteri besar had allegedly made the decision without informing the state’s ruling party, Parti Keadilan Rakyat (PKR).

– BERNAMA, Star, 29/10/2015

I have not approved any highway since becoming MB, says Azmin


Selangor Menteri Besar Mohamed Azmin Ali says there have been no highway approvals since he took office late last year. – The Malaysian Insider filepic, November 2, 2015. 
Selangor Menteri Besar Mohamed Azmin Ali says there have been no highway approvals since he took office late last year. – The Malaysian Insider filepic, November 2, 2015. 
 
Selangor Menteri Besar Mohamed Azmin Ali today told the state legislative assembly that he had not given approvals for the construction of highways in the state since he took over the position.

He said after the cancellation of the Kinrara-Damansara Expressway (Kidex), the state government accepted the fact that building highways was not the answer to traffic congestion issues in the state.

"After being given the trust as menteri besar and after Kidex was cancelled, there has been no other approval given to build any highway in Selangor," he said in answer to a question by Permatang assemblyman Datuk Sulaiman Razak (Barisan Nasional).

Azmin, who is also PKR deputy president, took over as menteri besar from Tan Sri Abdul Khalid Ibrahim last September. The state government, he said, was in the process of completing a study of the public transportation main plans, and expected it to be ready by the end of the year.

"That is why, in the public transportation structure plan, we take into account the opinions of the public and the needs of new developments," the Bukit Antarabangsa assemblyman said.

At the same time, Azmin said Selangor was the process of negotiating with Putrajaya to look into the target set by the Land Public Transportation Commission (SPAD) that gave importance to the usage of using private vehicles compared to public transportation with a 40:60.

"If this remains, it will give room to more highways being built and that does not solve any problem."

In fact, the state government also recently announced a joint venture in the Light Rail Transit (LRT) with Kumpulan Prasarana Malaysia Berhad.

"Even if it (LRT) is completed by 2020, it can have a capacity of 70,000 passengers per day from Bandar Utama to Johan Setia."

Besides that, when asked if the government can approve all Kidex projects that have been cancelled, he said it would never happen. – November 2, 2015.

- See more at: http://www.themalaysianinsider.com/malaysia/article/i-have-not-approved-any-highways-since-becoming-mb-says-azmin#sthash.VdsmA3cP.dpuf

Halt the execution of KHO JABING, Sarawakian who may be executed by Singapore soon

Kho Jabing, a 31 year old Sarawakan on death row in Singapore, had his clemency petition rejected by the President on the advise of the Cabinet on 19 October 2015. He has exhausted all legal avenues and is at risk of being executed soon.
 

Anti Death Penalty Asia Network (ADPAN) Press Statement - 3rd November 2015

HALT THE EXECUTION OF KHO JABING

The Anti-Death Penalty Asia Network (ADPAN) urgently calls on the government of Singapore to halt the impending execution of 31 -year-old Sarawakian Kho Jabing, whose application for clemency was rejected by the President of Singapore on 19 October.

Kho Jabing was arrested in February 2008 for his participation in a robbery during which he hit a victim with a wooden stick or branch, resulting in the man’s death. He was convicted in 2010 under Section 300c of Singapore’s Penal Code, and his mandatory death sentence was confirmed by the Court of Appeal in 2011.

In 2013, amendments to Singapore’s mandatory death penalty regime came into force, allowing Jabing the opportunity to be re-sentenced. Describing Jabing’s actions as “opportunistic and improvisational”, a High Court judge re-sentenced him to life imprisonment with 24 strokes of the cane. However, the prosecution appealed and in January 2015 a five-judge Court of Appeal reinstated the death sentence after deeming in a majority decision that Jabing had “exhibited a blatant disregard for human life”.

It is important to note that Jabing’s final death sentence was not passed with a unanimous decision, but a slim majority. Two of the five appeal judges did not feel that the death penalty was appropriate for his crime, and felt that there was reasonable doubt as to the number of times and intensity with which Jabing had hit his victim that would affect any consideration of whether he had acted with a blatant disregard for human life.

The death penalty is the most final and irreversible of punishments. We cannot afford a single shred of doubt when a state condemns an individual to the gallows.

Yet here we have the case of three learned judges – the High Court judge and two Court of Appeal judges – saying they did not believe capital punishment suitable in Jabing’s case. It is therefore unsafe to pass the ultimate sentence of death when doubt clearly exists even among Singapore’s most esteemed legal professionals.

ADPAN urges the President and the Cabinet of Singapore to reconsider their decision not to grant Jabing clemency.

Issued by:

ADPAN Executive Committee

URGENT ACTION NEEDED:-

Send letters/emails calling on the Singapore government to no execute Kho Jabing. A sample open letter by The Singapore Working Group on the Death Penalty can be found below.

You can send your letter to the following:

President of Singapore
His Excellency Tony Tan Keng Yam Office of the President of the Republic of Singapore
Orchard Road, Singapore 238823
Fax: (65) 67353135
Email: istana_feedback@istana.gov.sg

Prime Minister of Singapore
Lee Hsien Loong Prime Minister’s Office
Istana Annexe, Orchard Road, Singapore 238823
Fax: (65) 63328983
Email: lee_hsien_loong@pmo.gov.sg

Minister of Law and Home Affairs
Mr. K Shanmugam
100 High Street, #08-02 The Treasury, Singapore 179434
Fax: (65) 6332 8842
Email: k_shanmugam@mlaw.gov.sg


The letter that was sent by The Singapore Working Group on the Death Penalty

Mercy for Kho Jabing: An open letter to the Cabinet

Dear distinguished Ministers,

We are writing this letter of appeal for Kho Jabing, whose petition for clemency was rejected on 19 October 2015. We urge the Cabinet to reconsider his clemency in light of the fact that there was no unanimous decision even at the highest court of the land, and our learned judges were split in their opinion of whether the death penalty was appropriate in his case.

We also seek the compassion of the Cabinet for the family of Jabing, who have gone through much suffering since his original sentencing. His father passed away shortly while Jabing’s case was ongoing, and Jabing’s sister Jumai believes that her father’s illness prior to his death was due to Jabing’s incarceration, which came as a great blow for him. His mother, who has been unable to work due to health reasons, has lost both her sources of financial support and has been living on the goodwill of her neighbours and minimal state welfare ever since then.

On top of her ill-health, the thought of losing Jabing, her only son, is too much for his mother to bear. We cannot imagine the effect of his death will have on her wellbeing.

We understand the grievousness of his offence but hope that he will be given a second chance and a more meaningful way to atone for his crime.

We hope that our Ministers will be compassionate and consider all factors related, especially the impact of capital punishment on Jabing’s family, and exercise mercy by commuting his death sentence to that of life imprisonment.

Yours sincerely,

Singapore Working Group on the Death Penalty
__________________________________________
The Singapore Working Group on Death Penalty comprises the Singapore Anti-Death Penalty Campaign, We Believe in Second Chances and Think Centre. All three organisations are also members of the Anti-Death Penalty Asia Network (ADPAN).