2004, Anwar thanked Badawi, the PM - and in 2008, ...

After Anwar Ibrahim was released by the Federal Court on 2 September 2004, he thanked Abdullah Ahmad Badawi for his release..

Talking to TIME later, Anwar again expressed his gratitude for the upholding of his appeal, but this time he thanked not the judges but Abdullah Ahmad Badawi, Malaysia's Prime Minister. "Knowing the way the institutions have been controlled by the executive," he said, "I don't think a release would have been possible unless the Prime Minister had made it clear he had no intention of interfering [with the judiciary]." - TIME, 6/9/2004 - Time For Healing [http://www.time.com/time/magazine/article/0,9171,692961-1,00.html]

But today, less than 4 years later, in August 2008, the reverse is happening...

Anwar Ibrahim today launched a scathing attack against Prime Minister Abdullah Ahmad Badawi and held him responsible for his imminent sodomy charge.

MCPX

This is the first time that the PKR leader has targeted Abdullah. In the past, his attacks were focused on Deputy Prime Minister Najib Abdul Razak.

Calling it a sham trial, he blamed the prime minister - whom he described as dealing with a crisis of confidence - for allegedly orchestrating the trial to protect himself.

"I have sufficient evidence to show that the decision (to charge) will not be done without the personal instruction from the prime minister," he claimed.

....

He claimed that his sources in the Attorney-General’s Chambers told him that the office was against preferring any charge against him.

However, he said the police and Abdullah’s close associates were allegedly keen on pursuing with the trial.

"We are informed that some individuals within the prime minister's close circles are adamant about pursuing the case.

"Their involvement further undermines the credibility of the case and proves that the entire conspiracy hatched against me is politically motivated," he said. - Malaysiakini, 6/8/2008 'PM blamed for another 'sham trial'

Permatang Pauh may be Abdullah's downfall in UMNO..and as PM

How Abdullah Ahmad Badawi chooses the BN candidate for the Permatang Pauh Parliamentary seat by-election may be very crucial for Abdullah Ahmad Badawi's continued support and survival both within UMNO, and also the the Barisan Nasional. It may be 'final straw' that may decide on whether he will still remain PM or not.

Clearly the practice of ignoring the choices of the local UMNO members, and choosing from Putrajaya is something that UMNO members today may not want anymore. Obviously, the Trengganu ADUN candidates, save for Ahmad Said, seem to be a choice of the top brass without consultation and/or agreement of the local membership. Divisions, branches and ordinary members stood behind Ahmad Said for Menteri Besar - and it was also apparent from the lack of numbers that the former MB and the rest of them ADUNs did not really have much support.

Now, we have Abdul Jalil Abdul Majid, the Permatang Pauh Umno Division chief, coming out openly stating that he wants to be the candidate for BN - and that his Division fully supports him. Malaysiakini gave him the space to express himself - and for the said Division to state its position clearly for Abdullah Ahmad Badawi to hear and just follow the choice of grassroot members. (Wonder though whether it was just the Division committee - or all the members of the branches in the Permatang Pauh UMNO Division...mmmm)

Permatang Pauh Umno wants a local to be chosen as a Barisan Nasional candidate for the forthcoming by-election for the parliamentary seat.

MCPX

And the division has proposed that its chief Abdul Jalil Abdul Majid is fielded to face PKR leader Anwar Ibrahim.

The division unanimously agreed to submit Abdul Jalil's name as a candidate at a special meeting on Monday night, reported Bernama today. -Malaysiakini, 6/8/2008 Permatang Pauh Umno wants its chief as candidate

To make matters worse - this is a Penang UMNO Division, and if Abdullah listens to the voices of the UMNO grassroots here - would not people also say that he did so because it was home state....

But then, the BN is supposed to be a coalition of parties - and after all, why should the seat be contested by UMNO and not some other coalition member. After all, UMNO has already got so many Parliamentary seats - maybe GERAKAN should get the seat.....or maybe that GERAK person.

Abdullah Ahmad Badawi certainly cannot afford to lose the Permatang Pauh seat by an even bigger majority...

Will UMNO come together for this by-election -- OR will they be too caught up with the internal UMNO struggle for power.

And if the BN loses, the timing of the charging of Anwar will also be blamed on Abdullah Ahmad Badawi...

10am KL Magistrate Court - Anwar to be charged with Sodomy? (Updated)

Updated: 15:59, 6/8/2008

It was good of the BN government(i.e. the police and the prosecution) not to come and arrest Anwar Ibrahim and take him to court - but rather do the more reasonable of just serving him a notice to secure his attendance in court - the KL Sessions Court at 10.00am tommorrow (Thursday, 7/8/2008)

The police visited the home of PKR leader Anwar Ibrahim in Bukit Segambut, Kuala Lumpur at 12.10pm today and it is learnt that they have served him with a notice to appear in court tomorrow.

The police team was led by DSP Jude Pereira - who refused to speak to the waiting horde of reporters as he left Anwar's house.

The notice requires Anwar to be present at the Kuala Lumpur Sessions Court at 10am tomorrow. - Malaysiakini, 6/8/2008 - 'Anwar: I'll be charged tomorrow

But, then normally one is charged in the Magistrate Court, and that is what the NST report below tells us:-

Police today served a subpoena on Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim to be present at the Kuala Lumpur Magistrate’s Court, Jalan Duta tomorrow. - New Straits Times online, 6/8/2007 -Subpoena served, Anwar to be charged tomorrow

The question as to what will happen when Anwar goes to court is still not answered - but the NST report clearly states that the official statement of the Deputy IGP is clear about the fact that Anwar will be charged.

Meanwhile the New Straits Times received an official statement from the Deputy Inspector-General of Police Tan Sri Ismail Omar that the police has completed its investigation on the alleged sodomy report involving Anwar and has forwarded the investigation papers to the Attorney-General's office for advice and decision.

The AG's office has decided to charge Anwar in court, the statement said. -- New Straits Times online, 6/8/2007 -Subpoena served, Anwar to be charged tomorrow

And, I wonder why the police is coming out with such official media statements...should they not confine themselves to investigating -- and leave the decision to charge to the AG, and also the act of informing the public to the AG. What is this? Have the Deputy IGP now become the spokesperson of the AG's chambers?

Now, let us hope that Anwar Ibrahim does not pull any 'poilitical stunt' and take the position that he does not want to go to court for this reason or that reason.... just like the last time the police had called him in for an investigation, and at the end of the day resulted in him unnecessarily being arrested and forced to spend a night in the police lock-up.

At the same time, we also hope that there will not be any 'stunt' by the police - like sending a team to suddenly arrest and drag him to court. Remember, despite the public statement of the police that they will not arrest provided he arrived there by 2.00pm, they arrested him before 1.00pm.

At last, we will know what is the contents of the charges against Anwar - the exact wordings, the exact time, the exact place..., the exact building...

Now, we also hope that BAIL will not unreasonably be objected to by the prosecution - and that Anwar will be free tommorrow afternoon - focussing again in his campaign to become the new MP for Permatang Pauh..

In this case, there were a lot of ODD happenings, that raises a lot of questions:-

a) Why did the alleged victim go visit Najib Razak before even going to the police to make a complain? Very...very odd.

b) Why did the alleged victim go to that PUSRAWI Hospital on his own after the alleged incident and thereafter allegedly to HKL -- before even the lodging of a police report? Normally a victim of rape or sexual assault or assault or any crime will go FIRST and make a police report, and then the police, as part of their investigation, will take the victim over to the Hospital for the required medical tests and examinations.

c) How come there was a sudden disclosure of the PUSRAWI Hospital report - who did it and why?

Is this all a SANDIWARA -- and if so, who is behind it? Or is it just Saiful - and Najib or Pak Lah and/or Syed Hamid and/or BN and/or IGP and/or AG is not involved at all.

Someone even suggested that it may be Anwar Ibrahim who is behind this sandiwara...Why? Well, he said maybe it was to re-generate the emotions of the people of Malaysia, which was decreasing after the results of GE2008 was announced, so that the people angered by this new 'sodomy allegations' will ensure that his quest to be MP of Permatang Pauh and for Pakatan Rakyat to ultimately form government by September 16 be realized. Far out ...but something worth considering as well..

For after all, this is Malaysia...and all things are possible. And there are so many political spins and games being played, and the normal Malaysians sometimes will be confused as to what is real and what is not...

Apparently, there will be a press conference by Anwar at about 3.00 - maybe local TV will cover it, or maybe Al-Jazeerah...

Condemn police deprivation of rights of persons arrested...

People must be made aware of their rights of the law....and the Police must also follow the law of the land...but when thy do not, the police mocks the law... and the Rule of Law.

"...Al-Amin, Samuel Raj and four others were originally arrested on July 27 under sections 365 and 385 of the Penal Code - which relates to kidnapping and abducting - and were remanded for four days without the knowledge of their families said their lawyer Francis Pereira..

"(The police extended their remand because) the individuals were not informed of their rights [...] to inform a relative or a friend of their whereabouts as well as to consult with lawyers of their choice.

"Hence their appearance in court on July 28 (was) unrepresented by legal counsel," said Pereira (right) who was present at the Suhakam headquarters too.

At a following hearing on July 31, the men were represented by Pereira after both their families became aware of their remand through a newspaper report two days after their first court appearance.

Both the court appearances were at the Petaling Jaya magistrate’s court.

"The remand extension was then challenged by counsel and the magistrate then denied the extension of the remand and ordered that all six individuals be released," said Pereira.

Abused while in custody

However, when the remand order expired four days later the police refused to release them despite the court order and instead re-arrested the six under section 397 of the Penal Code which relates to gang robbery.

According to the lawyer, the re-arrest was based on police suspicion of their connection with a gang robbery allegedly involving a group of Indian men.

"All the charges are completely unrelated," Pereira insisted.

The fate of the two men did not improve with their third trip to court on Aug 1, this time at Klang magistrate’s court.

The court released them, but the police immediately re-arrested them under the Emergency Ordinance which allows for a 60-day remand period....Malaysiakini, 5/8/2008, Two still remanded despite court ruling

The law in Malaysia, is that a when a person is arrested, the police "...shall, before commencing any form of questioning or recording of any statement from the person arrested, inform the person that he may-

(a) communicate or attempt to communicate, with a relative or friend to inform of his whereabouts; and

(b) communicate or attempt to communicate and consult with a legal practitioner of his choice..." and this means that it is MANDATORY - and the police have no choice in the matter.

And, if the person arrested wished to communicate with his family/friend or lawyer - the police must allow him to do so.... as soon as possible --- and"shall provide reasonable facilities for the communication and consultation under this section and all such facilities provided shall be free of charge". Yes, free of charge - the police cannot ask for money. The police must provide the phone.

And if the person arrested wants to get in touch with his/her lawyer.... then 'The police officer shall defer any questioning or recording of any statement from the person arrested for a reasonable time until.." the person arrested can meet and consult with his/her lawyer.

That is why what they did to the 2 were wrong and in breach of the law - which MUST be followed.

It was very wrong for the police to re-arrest for some other reason later on... and the courts did not allow this.

And it was even more wrong for the police to then use a Detention Without Trial law to try and detain persons for longer period...

We should all condemn the action/s of the police and call for immediate and unconditional release of the 2 persons now being detained unjustly under the Emergency Ordinance.

Will be good if human rights groups and political personalities also do immediately condemn the actions of the police and call for the immediate and unconditional release of the 2 - even though they may not be very 'big' or 'popular' persons.

For the information of all, section 28A of the Criminal Procedure Code (Kanun Acara Jenayah) which today deals with some of the rights of persons arrested is as follows:-

28A. Rights of person arrested.

(1) A person arrested without a warrant shall be informed as soon as may be of the grounds of his arrest by the police officer making the arrest.

(2) A police officer shall, before commencing any form of questioning or recording of any statement from the person arrested, inform the person that he may-

(a) communicate or attempt to communicate, with a relative or friend to inform of his whereabouts; and

(b) communicate or attempt to communicate and consult with a legal practitioner of his choice.

(3) Where the person arrested wishes to communicate or attempt to communicate with the persons referred to in paragraphs (2)(a) and (b), the police officer shall, as soon as may be, allow the arrested person to do so.

(4) Where the person arrested has requested for a legal practitioner to be consulted, the police officer shall allow a reasonable time-

(a)for the legal practitioner to be present to meet the person arrested at his place of detention; and

(b)for the consultation to take place.

(5) The consultation under subsection (4) shall be within the sight of a police officer and in circumstances, in so far as practicable, where their communication will not be overheard.

(6) The police officer shall defer any questioning or recording of any statement from the person arrested for a reasonable time until the communication or attempted communication under paragraph 2(b) or the consultation under subsection (4) has been made.

(7) The police officer shall provide reasonable facilities for the communication and consultation under this section and all such facilities provided shall be free of charge.

(8) The requirements under subsections (2), (3), (4), (5), (6) and (7) shall not apply where the police officer reasonably believes that

(a) compliance with any of the requirements is likely to result in

(i) an accomplice of the person arrested taking steps to avoid apprehension; or

(ii) the concealment, fabrication or destruction of evidence or the intimidation of a witness; or

(b) having regard to the safety of other persons the questioning or recording of any statement is so urgent that it should not be delayed.

(9) Subsection (8) shall only apply upon authorization by a police officer not below the rank of Deputy Superintendent of Police.

(10) The police officer giving the authorization under subsection (9) shall record the grounds of belief of the police officer that the conditions specified under subsection (8) will arise and such record shall be made as soon as practicable.

(11) The investigating officer shall comply with the requirements under subsections (2), (3), (4), (5), (6) and (7) as soon as possible after the conditions specified under subsection (8) have ceased to apply where the person arrested is still under detention under this section or under section 117.

Has Pakatan Rakyat been better than the BN? What say you?

After the results of GE2008 was announced, many of us were elated when the opposition coalition known as the Pakatan Rakyat had managed to wrest 5 States from the Barisan Nasional, and deny the BN its 2/3rd majority in Parliament.

We cannot hope for much change at the level of the Federal Government because it is still a BN government - but with regard to the 5 States of Penang, Kedah, Kelantan, Perak and Selangor - we should have seen some of the 'changes for the better' now that it is being governed by the coalition of DAP-PKR-PAS (and maybe soon to be registered PSM). Are there any real changes in this new Pakatan Rakyat states?

LOCAL COUNCIL ELECTIONS - no change from when these states were under the BN, as they did appoint the Local Councils, and the call for Local Council Elections from civil society groups and the members of these opposition parties are dying off - more so after many of those who did make the call previously accepted appointment. I also wonder why all the Heads of Local Councils/Mayors in Selangor are of one ethnicity?

TRANSPARENCY - well there was a call for a declaration of wealth and assets of Chief Ministers/Menteri Besars & the State Excos. Sadly, there was some resistance to this at the beginning - and apparently now there has been such a declaration made. But then, where can we go and see this - or is it just like the BN - where the 'truth' is only for the eyes of the PM (and in this case the MBs). So, nothing different from the BN, is there...

What else??? Well, I hope that you who who read this posting in my Blog will share with all the changes that have happened by posting comments to this post....

YES - we are now all being distracted by Wan Azizah's resignation as MP, Anwar's campaign for Permatang Pauh, the Saiful allegations, the possible Sodomy trial, the fact that Abdullah is no more popular - the fact that the Pakatan Rakyat will take over the Federal Government by September 16....

Good...good...good

BUT let us be honest and evaluate whether all we will be getting would be 'new people' in government or some real changes. As mentioned earlier, it is time for us to look and see whether there has had been any REAL and SIGNIFICANT changes in these 5 Pakatan Rakyat states??

So, all ye who are observing, share with us your observations.... of REAL changes that have happened.

RELA man outraged woman's modesty - Abolish RELA now

I call again for the abolition of RELA ... if there is a need for more enforcement officers, then hire more public servants - do not just use volunteers.

Use professional enforcement personnel not volunteer 'vigilantes'.

The Malaysian Bar in March 2007 called for the abolition of RELA. Others civil society groups have also called for its abolition... and here again in the press is just one more reason why this RELA must be abolished now... (Maybe Pakatan Rakyat state governments can take a position that RELA be not allowed or used within their state boundaries...will they do this, or will they be driven by the fact that there are now about 500,000 RELA members - and PR do not want to lose the RELA members' votes by calling for the abolition of RELA .... let us see...)

Tuesday August 5, 2008 (Star Online)

Ex-GRO: Rela man told me to pee in truck

KUALA LUMPUR: A former guest relations officer told the High Court here yesterday she had to urinate in a police truck after she was not allowed to go to the toilet.

Maslinda Ishak, 31, said three friends covered her by holding up a scarf.

She said she and 13 other women and two men had earlier been arrested by Federal Territories Islamic Religious Department (Jawi) officers during an operation five years ago.

She said she had been in the truck for 50 minutes when she asked Rela officer Mohamad Tahir Osman to let her go to the toilet. After many requests, Tahir finally shouted “you pee in the truck!”, she said.

“I asked my female friends to hold up a scarf to cover me and I squatted and urinated in the truck,” she said when examined by counsel Sangeet Kaur.

Maslinda, who is now a dental nurse, added that an officer suddenly opened the back door of the truck, came in and pulled down the scarf.

She said Tahir then took pictures of her urinating while laughing and his friends told Tahir to cover his face.

“I was very scared, sad and humiliated,” said Maslinda who is suing Tahir, Rela director-general, Jawi director and the Government for RM5mil for causing humiliation and trauma.

The incident happened at 11.30pm on March 21, 2003. On April 16, 2003, a Kuala Lumpur magistrate’s court jailed Tahir for four months after he pleaded guilty to outraging Maslinda’s modesty.

Maslinda said she was later taken to a lock-up at the Jawi office for an interview.

“At the time, my husband was there. The interview lasted several minutes. Then we were released,” she said.

In June that year, she said, she was summoned to the Syariah Court eight times until finally, the court returned the RM1,500 bail money without taking any action against her.

Jawi officer Syed Ibrahim Syed Ali, 50, said he headed the operation involving 15 Jawi and five Rela members, including Tahir who was assigned to guard the truck.

He denied supplying Tahir a camera, saying Jawi did not use cameras during operations.

Justice Tengku Maimun Tuan Mat also heard evidence by Mazina Mat Yaman who was arrested together with Maslinda, Kuala Lumpur Rela director Mohd Aminuddin Mohd Yusoff and police officer Shaharuddin Tahir who investigated Tahir.

The court fixed Friday to hear submissions by both parties. – Bernama

Let attention be drawn to the fact that the RELA officer had already pleaded guilty. "...On April 16, 2003, a Kuala Lumpur magistrate’s court jailed Tahir for four months after he pleaded guilty to outraging Maslinda’s modesty..."

For information, the Malaysian Bar Resolution for the abolition of RELA is as follows..

MALAYSIAN BAR RESOLUTION FOR THE END OF THE STATE OF EMERGENCY AND AN END TO LAW ENFORCEMENT” BY THE UNTRAINED AND ARMED PEOPLE'S VOLUNTEER CORPS ( RELA)

Whereas:-

1. On 31^st August 2007, it will be 50 years since Malaysia achieved its independence and has been for over 30 years been a peaceful democratic nation.

2. It is sad that Malaysia is still in a state of Emergency as there exist today 4 Proclamation of Emergencies issued by the Yang di-Pertuan Agong that is yet to be revoked.

3. Since independence, five states of emergency have been declared under Article 150 of the Federal Constitution. The first was the only one to have been revoked. The remaining four are still in operation. The second state of emergency was proclaimed in September 1964 when the country was faced with a campaign of violence from Indonesia. Although the threat ceased within less than two years, the state of emergency was never revoked.

4. The next state of emergency was declared on 14 September 1966 following the dismissal of the Chief Minister of the state of Sarawak. No violence - or threat of violence - resulted from the crisis. The government nevertheless proclaimed an emergency, confined to Sarawak. And although the crisis was soon resolved, the state of emergency has not been revoked.

5. The fourth proclamation came on 15 May 1969 following large-scale rioting and racial violence in the capital, Kuala Lumpur, during a general election. The violence led to several hundred casualties. As a result, further elections were postponed and parts of the Constitution suspended. Normalcy was restored soon - the legislature was reconvened and normal constitutional government restored in February 1971. However, the state of emergency has yet to be revoked.

6. On 8 November 1977, the fifth Emergency, limited to the state of Kelantan, was declared following a political crisis.

7. By reason of the proclamation of emergency, numerous legislations were enacted and are still in force, including also :-

a) Emergency (Essential Powers) Act, 1964 (30/64), today known as the Emergency (Essential Powers) Act 1979;

b) Emergency (Public Order and Prevention of Crime) Ordinance 1969;

c) Essential (Security Cases) Regulations 1975

8. For example, Section 6 of the Emergency (Essential Powers) Act 1979, states that “"For so long as the Proclamation of Emergency referred to in the preamble to this Act remains in force, the regulations made under the Emergency (Essential Powers) Act, 1964 (30/64) (except those regulations which the Yang di-Pertuan Agong may by notification in the Gazette declare not to be in force) shall be in force and shall have effect as if they have been made under this Act; and the regulations may be amended, modified or repealed as if they have been made under this Act.". [The proclamation of emergency referred to in this Act was the proclamation issued on 15 May 1969.]

9. The Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps) came into being by virtue of Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], under Emergency (Essential Powers) Act, 1964 (30/64), and continue to be in force by virtue of Section 6 of the Emergency (Essential Powers) Act 1979.

10. By virtue of the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005, which came into operation on 1 February 2005, the powers of the Rela, have been dangerously over-extended giving RELA personnel the right to bear and use firearms, stop, search and demand documents, arrest without a warrant, and enter premises without a warrant. and all these powers can be exercised the RELA personnel has reasonable belief that any person is a terrorist, undesirable person, illegal immigrant or an occupier. Illegal immigrant and occupier (which would be Malaysians usually) was added on by this 2005 amendment.

11. These not-professionally trained volunteers has also now been accorded protection by the new amendments whereby it is stated that "…The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against the Ketua Pengarah Ikatan RELAwan Rakyat, Timbalan Ketua Pengarah Ikatan RELAwan Rakyat or any member of the Ikatan RELAwan Rakyat in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity."

12. Noting also that there has been numerous complaints that have surfaced in the media about the RELA not just from migrants but also Malaysians ranging from torture, gangster-like behavior, damage to property, wrongful arrest and detention and even the causing of deaths.

13. Its was reported that RELA arrested a total of 17,700 people believed
to be illegal immigrants and screened 94,010 people up to September
2006, and that means 94,010 people (or 76,310) with proper documentations were subjected to unnecessary harassment and their right to a remedy in law is difficult. Of the people arrested, recent reports in the media indicate that many may even not be “illegal” or “undocumented” migrants at all.

* “…six foreign workers, all with legal travel and work documents, were whisked out of their quarters in a resort in Cherating in the wee hours of the morning on Dec 28 last year when RELA members "literally broke into their chalet and ordered them out." (The Star, January 12, 2007).”

* “…a team of 30 to 40 RELA members (half not in uniforms) turned up to look for foreign workers, assaulted some and allegedly stole cash and valuables during the raid. The companies, who lodged police reports, said that all the workers had legal work permits…..”(The Star, December 4, 2006) ·

* “22 workers of an IT company were beaten and made to do a 50m "duck-walk" at Section 30 in Shah Alam…” (The Star, February 16, 2006)

* Residents of about 10 households in Taman Anggerik, Cheras, Kuala Lumpur, complained that RELA personnel crashed into their homes after breaking door locks and smashing gates, and told them that they [RELA] were looking for illegal workers. The residents said the RELA personnel acted like gangsters and showed them no respect. When they asked the RELA personnel to explain why they crashed into their homes, they were told "we are the law." Cash totaling RM3,756 in a drawer was subsequently found missing. (The Star, October 17, 2006)

14. There have also been report of beatings and even deaths caused by RELA volunteers. As an example, in early 2006 it was reported that Ahmad Apik, 35, and Edy Sathurrohman, 26, both Indonesians, lost their lives, and they each left behind a wife and 2 young children. (Star, January 23, 2006).

15. The policy and practice of paying members of the People's Volunteer Corps (RELA) RM80-00 for each undocumented migrant must be stopped (The Star, January 23, 2006). Even MCA Public Services and Complaints Department head Datuk Michael Chong claimed that the reward offered had made RELA volunteers desperate to nab as many illegals as possible. (The Star January 23, 2006)

15. Malaysia is a developed country and professionally trained enforcement personnel should be used for law enforcement, and the use of volunteers like the RELA must end.

16. Some migrants may be undocumented, but they are still human beings and deserved to be treated humanely and should be accorded equal protection under the law.

17. Malaysia, a party to the April 1999 BANGKOK DECLARATION ON IRREGULAR MIGRATION, which clearly states “Irregular [undocumented] migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment toward them should be avoided” must adhere to its commitments.

18. New laws can always be enacted by a parliament in times of peace if needed.

IT IS HEREBY RESOLVED:-

a) That we, the Malaysian Bar, call upon the Yang Di-Pertuan Agung to revoke all existing Proclamations of Emergency in Malaysia;

b) That we, the Malaysian Bar call for the repeal all legislations and Acts that were enacted and continue to be in force by reason of the now existing unrevoked Proclamations of Emergency;

c) That we, the Malaysian Bar reiterate our call for the repeal of Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the Essential (Security Cases) Regulations 1975;

d) That we, the Malaysian Bar specifically call for the repeal of the Emergency (Essential Powers) Act 1979 and all Regulations and Rules made thereunder, in particular Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], as amended by the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005;

e) That we, the Malaysian Bar call for the employment and usage of only properly trained professional law enforcement personnel in Malaysia;

f) That we, the Malaysian Bar urge that inquests be conducted for Ahmad Apik, Edy Sathurrohman and for the other persons who have died as result of alleged RELA actions;

g) That we, the Malaysian Bar urge that all persons including undocumented migrants and/or refugees be treated humanely and accorded equal protection of the law;

h) That we, the Malaysian Bar call on the Malaysian government to immediately ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;

i) That we, the Malaysian Bar call on the Malaysian government to immediately ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Proposers: Charles Hector & Francis Pereira, Motion dated 18^th February 2007.The motion was unanimously carried at the 61st Annual General Meeting of the Malaysian Bar held at the Grand Ballroom, Legend Hotel, Kuala Lumpur - 17 March 2007

Death in Police Custody - Woman who sues government wins..

Well, there you have it - for at last we have a victory in a case of death in custody....(see the full post at the Malaysians Against Detah Penalty and Torture Blog at http://madpet06.blogspot.com/) . Some quotes are as follows.

The High Court here today awarded damages to a woman who sued the police and the government for negligence over the death of her 19-year-old son while in police custody in 2003.

...With the decision, besides the damages, Tamil Selwee, a housewife, also succeeded in her claim for four declarations, namely that the death of her son, M.Ulaganathan, while in police custody on July 21, 2003, was caused by the Royal Malaysia Police and that Ulaganathan’s death was caused by their breach of statutory duty, recklessness and gross and wanton negligence.

On July 17, 2006, Tamil Selwee, 50, filed a suit seeking the four declarations and damages, claiming that her son’s death while in custody at the Kajang district police headquarters was caused by police negligence. - NST, 29/7/2008 - Woman sues Government over son's death and wins

see the full post at the Malaysians Against Death Penalty and Torture Blog at http://madpet06.blogspot.com/

[http://madpet06.blogspot.com/2008/08/woman-sues-government-over-sons-death.html]

No suspension of government servants and university students who claim trial...

Reading a NST report that more Immigration Officers have been arrested and charges, there is a doubt whether the DG of Immigration have been CHARGED in court, and then released on bail - or are they still on police bail only, yet to be charged in court.

The first to be detained in the operation on July 11 was the Immigration Department director-general Datuk Wahid Md Don, 56, who was charged and later released on bail.

The following day, Wahid's deputy, Yusof Abu Bakar, and Yusof's brother-in-law who acted as a middleman, were also arrested. Both were also charged and released on bail.

In follow-up operations, the ACA arrested two more Immigration officers with the rank of deputy directors.

Following their arrests, Wahid and Yusof were reassigned to the Public Service Department reporting directly to its director-general Tan Sri Ismail Adam, pending completion of court proceedings - New Straits Times Online, 4/8/2008 - Four immigration officers, two middlemen arrested in I-Kad 'kenduri'

Well, normally when public servants are charged in court, I believe, that they were suspended from work with half pay until the end of their criminal trial. If you are at the level of the DG of Immigration, it would cause some hardship - but not really as much as public servants in the lower income group.

In this case, it seems that the DG had been reassigned to another department - and one assumes with full pay.

To be fair, all public servants charged with a criminal offence should not be internally disciplined and/or punished until the end of their criminal trial when and if they are found guilty. The presumption of innocence until proven guilty should apply, and it is draconian to suspend workers with half wages just because they have been charged with a criminal offence. More so in Malaysia, when it can really be very long before your criminal trial can begin and end unless some DPM or former DPM is involved or it is a case that has obtained a lot of media attention.

It was also wrong to suspend them university students who were charged with the offence of illegal assembly until the end of their trial.

All persons are equal before the law - and that means that all persons will be visited with the same punishment provided for in that law if they are found guilty - not anything more or less because they were university students, public servants, etc..

Hence, the practice of suspension of public servants and university students from the time they get charged in court (and claim trial) until the end of their criminal trial must be stopped.

The legal maxim "Innocent Until Proven Guilty" must be given its full meaning in Malaysia.

Lih Kang and PR Perak does good for Orang Asli rights.

Good job Chang Lih Kang and the Perak Pakatan Rakyat government....This is the kind of things that we all want to hear happening where Pakatan Rakyat rules...

Orang asli score victory in Gopeng - Star Online, 1/8/2008

GOPENG: The orang asli of five settlements here scored a victory after Gopeng Bhd accepted the Perak Government’s offer of an alternative site to start its oil palm plantation.

State Health, Environment and Human Resources Committee chairman A. Sivanesan said the company agreed that the 136.72ha land in question be returned to the state in exchange for a similar site.

In June, it was reported that Gopeng Bhd’s land-clearing work for a road leading to the site had angered the orang asli from the affected settlements of Ulu Kampar, Ulu Geroh, Kampung Serkal, Ulu Geruntum and Kampung Empang Besar.

“The state has already instructed the Forestry and respective departments to look for an alternative site,” Sivanesan told a press conference here yesterday.

“We consider the matter closed and there won’t be any intrusion or infringement on the rights of the orang asli,” he said.

The orang asli’s spokesman, Bah Azmi Ngah Porgi, said he was moved by the latest turn of events after months of fighting to preserve their land.

“I don’t know what to say. I want to thank the Mentri Besar, Teja assemblyman Chang Lih Kang and everyone else for understanding our plight,” he said.

Wan Azizah, Permatang Pauh, Anwar and "arrest'

Well, Wan Azizah, duly elected people's representative resigned as MP of Permatang Pauh. Why? So that her husband Anwar Ibrahim can contest...maybe win...maybe become the next MP of Permatang Pauh.

Question:- Did Wan Azizah consult with the people of her constituency before she resigned? Wonder whether the people of Permatang Pauh voted Wan Azizah as MP because of who she was as a person OR was it because of the party under which she stood for elections in March. If it was because she stood under a particular party, then it matters less if she resigns now and some one else stands again. If they voted Wan Azizah the person, then she may be said to have 'betrayed' her contituents for they wanted her not her daughter, her son or her husband.

I really hope that Malaysians are voting for the person - not so much the party symbols they stand under. There was a joke before, that in some areas even a 'kambing' running under the BN symbol will win. The party is a consideration, but surely the person and the personality should be the biggest consideration for the voter. (I may be an idealist...a dreamer...)

I was hoping that at last we may be looking at a women Prime Minister for Malaysia come September 16, if Pakatan Rakyat managed to wrest the support of the majority of the MPs in Parliament - Anwar could have been an effective advisor.

Somehow, I still believe that it may be better if some one else, other than Anwar, becomes the Prime Minister, if Pakatan Rakyat were to form government. Wan Azizah would have been a good choice - but now, maybe we could be looking at mild mannered committed Professor Syed Husin Ali (who should really run for the Kulim seat). Lim Kit Siang and Hadi could be Deputy Prime Ministers. Anwar would be Advisor - just like Kuan Yew in Singapore. There are many many reasons as to why de facto Pakatan Rakyat leader should not be the PM - but that is for another day and another time.

Now, the SODOMY charge. There is a threat of impending arrest... Why? Because the police have allegedly completed investigations and Syed Hamid told us yesterday that the investigation papers have been sent to the AG.

If the AG wants to charge Anwar, then he may be arrested and brought to court and charged. Note that Anwar can also be informed that he should attend court to be charged - i.e. without there being any necessity to arrest him with masked police personnel etc..

Either way, after he is charged - he will likely to plead "Not Guilty" and then there will be the Bail application - and he should be out on bail. Even, if Anwar is denied bail - and has to be in remand prison - he can still contest. Even if they use the ISA and detain him, he can still contest - remember DAP's Manoharan a Selangor ADUN, elected while in detention.

My only concern is the corruption, the threats and promises which may be there in the coming Permatang Pauh Parliamentary election - and beware, Najib may lead the campaign for the BN and there are still questions how Najib did so well in the last GE2008 by winning with a majority of 26,464, compared to a majority of 22,922 (2004) and 241 (1999).

GE2008:

P85 - PEKAN Turnout : 47869 (82.2%) Spoilt: 1261 Voters: 58217
* Mohd Najib Abdul Razak (BN - UMNO)	36262	Maj: 26464
Khairul Anuar Ahmad Zainudin (OPP - PKR)	9798

GE2004

Mohd Najib Abdul Razak (BN - UMNO)	31956	Maj: 22922
Zakaria Dahlan (OPP - PAS)	9034

General Elections 1999
Ramli Mohamed (OPP PAS)			12907
Datuk Seri Najib Tun Razak (BN UMNO)			13148
Total Votes cast	% Votes cast	Spoilt Votes	Majority Votes
26055	73.2	631	241

Well, when results all over the country saw an increase in votes for the opposition and a decrease of votes for the BN candidate - Mohd Najib Abdul Razak saw an increase. Either, the constituents really liked this man OR... Anyway, the involvement of Najib in the Permatang Pauh by-elections must be a concern for Anwar ..

Interesting, his name is MOHD Najib Abdul Razak -- therefore R.A.H.M.A.N. theory would not be good for him as well...