Hospital failed to detect baby’s death, says teacher

Hospital failed to detect baby’s death, says teacher


BUTTERWORTH: A teacher wants to know why hospital authorities failed to detect that his baby was already dead inside his wife’s womb 24 hours before she went into labour.

Khairul Anuar Abdul Rahim, 36, alleged that he was told that his baby was alive when his wife, Shahriza Abdul Rami, 30, went for a check-up at the Penang Maternity Hospital on Monday.

Khairul, from Simpang Ampat, said his wife was admitted to the Seberang Jaya Hospital at 5.50pm on Tuesday and claimed that 15 minutes later, the doctors suspected that the baby had died.

“But they waited till 9.15pm to scan my wife before the doctor told me of the sad news.

“My wife delivered our stillborn child at about 11pm. I left the hospital at 2am with my daughter's body and the doctor had yet to issue the death certificate. The hospital had been negligent in carrying out its duties.

“When I came to collect the certificate on Wednesday, I was told by the hospital staff that my daughter had died 24 hours prior to my wife's labour,” he said after meeting the Seberang Jaya Hospital management yesterday.

The couple has two sons aged eight and two.

Khairul said his wife suffered from Immune thrombocytopenic purpura that causes low blood palette count, and she was hospitalised several times during the last two months.

He said he was giving the hospital a week to explain, failing which he would take legal action.
Penang Health Department director Dr Teh Lei Choo said an investigation would be conducted.
“The department would investigate the allegations and we would call Khairul for another meeting to explain on what had transpired.

“A meeting was set up between Khairul and the hospital but he left abruptly after accusing them of negligence,” she said.

Human rights festival: 9 charged

Human rights festival: 9 charged
http://www5.malaysiakini.com/news/75849
Syed Jaymal Zahiid Dec 10, 07 1:25pm

Eight people, including five lawyers, were charged today with participatingin an illegal assembly yesterday. They also faced a further charge of disobeying the police order to disperse.

To add to this, another lawyer, Edmund Bon, was charged with obstructing Kuala Lumpur City Hall officers from performing their duty.

All nine of those charged claimed trial at the Kuala Lumpur Sessions Court.Prosecution is personally led by attorney-general Abdul Gani Patail - the government's highest ranking legal officer - who is objecting bail for allcharged today.

The eight marchers were *arrested yesterday*
<http://www5.malaysiakini.com/news/75828%3E> for blocking DBKL officials from removing human rights banners outside the Malaysian Bar building in Leboh Pasar Besar in Kuala Lumpur.

End China's Human Rights Abuses in Tibet Before the 2008 Olympics

Although China is known around the world for violating human rights in Tibet, the International Olympic Committee chose Beijing as the site for the 2008 Summer Olympic Games. Tens of thousands of Tibetans have been forced to leave their homeland due to the brutal Chinese occupation.

China's current policy toward Tibet includes:

Imprisoning and torturing Tibetans who speak out against the Chinese occupation of Tibet;
Violating religious freedoms, including abducting one of Tibet's most important religious figures when he was only six years old. The boy has not been seen since 1995;
Failing to provide adequate education and health care to Tibetan children, and to eradicate child malnutrition and preventable illnesses; and
Enforcing laws that discriminate against Tibetan identity, culture, and religion.

China has a historic opportunity to change its treatment of Tibetans and show the world that it's worthy to host the 2008 Olympics by negotiating a peace agreement with Tibet's exiled leader, His Holiness the Dalai Lama.

Let China know that its successful Olympic bid does NOT mean the world sanctions its mistreatment of Tibetans! CALL ON CHINA TO END HUMAN RIGHTS ABUSES IN TIBET.

Help Protect Childrens Rights

The legal protection of children in the United States is "amongst the strongest in the world" if this is true than why can’t we approve and contribute to the immense struggle of children’s rights world-wide? UNICEF works in nearly 160 countries and ensures all children the protection from;Child slavery, forced labor, forced early marriages, lack of nutrition, child prostitution and a mushrooming population of AIDS orphans.

This is a significant chance to break apart and possibly eliminate key components of militias and human rights abuses all around the world. The Convention on the Rights of the Child is the most widely and rapidly ratified human rights treaty in history.

Only two countries, Somalia and the United States, have not ratified this celebrated agreement. Somalia is currently unable to proceed to ratification as it has no recognized government. By signing the Convention, the United States has signaled its intention to ratify—but has yet to do so after twelve years of putting it aside.

More countries have ratified the Convention than any other human rights treaty in history—192 countries had become State Parties to the Convention as of November 2005. “These basic standards—also called human rights—set minimum entitlements and freedoms that should be respected by governments.

They are founded on respect for the dignity and worth of each individual, regardless of race, colour, gender, language, religion, opinions, origins, wealth, birth status or ability and therefore apply to every human being everywhere.With these rights comes the obligation on both governments and individuals not to infringe on the parallel rights of others.

These standards are both interdependent and indivisible; we cannot ensure some rights without—or at the expense of—other rights.” Please encourage congress to further go the ratification process of this treaty and save the lives of millions.

Save Our Children

Did you know in this Country of ours (canada) that the max jail sentance for abandoning or neglecting a child that results in death or serious injury is 10 years! You kill a police officer you get 40 years but you murder a child and you are let out on bail and could end up serving 2 year's in Jail. When you use the claim I was depressed as your cop out you get out on bail and may be sentanced to councelling and probabtion. You took a life weather it was young or old you should receive the most harshest punishment life in prison no chance of parole that innocent child dosnt have the chance to breath again to smile laugh do any of there favorite activities we are asking you Dalton McGuinty to make our laws more strick and punish these individual's like they deserve help protect our innocent children.

Change of laws re Child Abuse and Exploitation on the Internet

To the President of the European Community

We, the undersigned, hereby petition for laws regulating the maintaining, or promoting, or building or hosting or supporting or sponsoring or being connected in any way to any web site that promotes, encourages, panders, or solicits the sexual exploitation of children. These laws shall apply to private, public or commercial enterprises whether they are individual or corporate.

We, feel that the use of these web sites encourages crimes against children of a depraved sexual nature; that the existence of these sites serves no public or community good or use.

We also believe that no Internet service provider, Internet hosting service, Web hosts or any other private, public or commercial service that provide data centre space and/or connectivity to the Internet or to any local area network, should be able to legally host or provide any type of service to any individual, web site or organization that encourages sex crimes against children. This includes any web site, service or individual that portrays children in a sexually suggestive manner we demand that these web sites be made ILLEGAL in the European community.

This petition has been adapted for the European Community from a US petition.

Help ensure Justice for 9 day old Baby Girl who was sexually assaulted and murdered

The innocent baby just stays alive only for 9 days.......

Imagine picking up your local paper and coming across this story,

Her first name is "Heaven" spelled backward.

And that's exactly where those who knew and loved the little girl who was born three weeks premature say she's now resting.

Nevaeh Richardson was 8 days old when she was rushed to Henry Ford Wyandotte Hospital on Friday.

Bleeding from the nose and mouth and with trauma to her rectum, she died about 24 hours later.

With the 9-day-old's death now ruled a homicide, investigators are working around the clock to find her killer.

Nevaeh's father, Christopher Ryan Richardson, 21, of Lincoln Park, is a suspect, along with others who were in the family's house in the 1400 block of Cicotte at the time the infant was injured. Police say Nevaeh likely was sexually assaulted.

While the homicide case is being investigated, Richardson is behind bars, accused of beating up his live-in girlfriend. He was arrested for domestic violence, third offense, for allegedly attacking the baby's mother as the couple drove the child to the hospital.

Richardson was in 25th District Court on Monday, where Judge David Zelenak ordered him held on a $100,000 cash bond pending a preliminary examination of the evidence against him. That hearing is set for Tuesday.

If convicted of the felony, he faces up to two years in jail and a $2,500 fine.

"I'm not guilty," Richardson said in court, before later requesting a court-appointed attorney and a lie detector to prove his innocence.

Police Chief Thomas Karnes said the infant's mother awoke early Friday and found Nevaeh lying on her chest, covered in blood.

The young couple, who lived with Richardson's mother and stepfather, went to Henry Ford Wyandotte Hospital at about 1:55 a.m. with the child and grandparents. A 911 call was not made.

During the short drive, Richardson is accused of slapping his girlfriend across her face, grabbing her by her hair and threatening her should the baby die.

After doctors assessed the infant's condition, they notified police and transported Nevaeh to Children's Hospital of Michigan in Detroit. She died at about 2:25 a.m. Saturday.

Richardson's mother, Adie Green, called police after witnessing her son assaulting his girlfriend in the back seat of her car. She said her son has an alcohol and drug problem and was drunk on the early morning in question.

"I'm not supporting him," she said yesterday. "I'm more concerned about the baby. She came from heaven and now she's back there. I don't understand how anyone could do something like this to a child."

As the incident occurred so close to Thanksgiving, Karnes said, there could have been people coming and going from the family's house.

Everyone who was in that home is being questioned and no one has yet been ruled out as a suspect in the child's death, Karnes said.

Police initially seized the infant's bedding and some of her diapers from the house in hopes of obtaining evidence, Karnes said. Officers returned Monday night and removed a curling iron and a hair straightening iron.

While he hasn't officially been named as a suspect, the investigation is focused on Richardson because of his criminal past.

"I'm not foolish enough to ignore that," Karnes said.

Richardson has two prior convictions for domestic violence and is on probation for a controlled- substance conviction in Roscommon County, court records show.

He also has been arrested at least two other times on domestic violence charges, but those cases were dismissed when the alleged victim failed to show in court. The girlfriend in question is the same woman in at least one of those cases.

Police Detective Lt. John Martin said his department is learning new information about the case every day.

"All of this stuff kind of ties together," he said. "We're still putting a lot of pieces together."

Karnes %u2014 a father of three and president of the Michigan district's Exchange Club, whose primary mission is to prevent child abuse %u2014 said this case has been especially hard for him to handle.

"This is a terrible crime," he said. "It's the worst thing I have ever come in contact with and it's the worst thing I've ever heard of."PLease sign this petiton but don't stop there also contact the Govener in Michigan and the Attorney General to make sure we get justice for this little girl, she was only on this earth nine days but lets not let her be forgotten.

Governor Jennifer M. Granholm
P.O. Box 30013
Lansing, Michigan 48909 PHONE: (517) 373-3400
PHONE: (517) 335-7858 - Constituent Services
FAX:(517) 335-6863

Attroney General Mike Cox

Cadillac Place, 10th Floor
3030 W. Grand Blvd., Suite 10-200
Detroit, MI 48202
(313) 456-0240
Facsimile (313) 456-0061

mailto:miag@michigan.gov

Malaysian Bar Council Press Statement: Denial of bail to Hindraf supporters

Contributed by Ambiga Sreenevasan
Thursday, 06 December 2007, 10:29pm

There is little doubt that Article 145(3) confers upon the Attorney General a power exercisable in his discretion to institute proceedings for an offence. The power is a wide one and as in the case of any power, the wider it is, the greater is the onus to exercise it with proportionality and even-handedness.

The Malaysian Bar is therefore shocked at the Attorney-General’s decision to prosecute 31 persons (who were allegedly involved in the illegal assembly), for attempted murder. The Malaysian Bar is further disappointed at the vigorous opposition by the Attorney-General to their bail application. Their prosecution and denial of bail pending a trial, which may be years away means that persons who are innocent until proven guilty are denied their freedom. Surely, no fundamental right is more precious than the right to life and liberty enshrined in Article 5(1) of the Federal Constitution. There is an impression that the denial of bail is being used as a punitive measure against those charged.

The Bar Council appeals to the authorities to exercise restraint in the treatment of our citizens who are exercising their constitutional rights. We do not condone physical violence against anyone including the police. Equally we do not condone violence to the spirit of the law that is there to protect all.

Ambiga Sreenevasan

President Malaysian Bar

6 December 2007

RUSSIAN FEDERATION: Where is Artur Akhmatkhanov?

RUSSIAN FEDERATION: Where is Artur Akhmatkhanov?

Appeal status: Active
Appeal started: December 2007

“Even today I think, maybe today, maybe tomorrow they will give my son back to me… Every night he appears in my sleep and I cry all the time… That is not a life any more. For me everything came to a halt. I just walk over the earth.”Bilat Akhmatkhanova, Artur Akhmatkhanov's mother.

On 2 April 2003 Artur Akhmatkhanov, a student and human rights defender, was arrested in Grozny, Chechnya, apparently by masked members of the Russian federal forces. They covered his head and forced him into an armoured personnel carrier. He has not been seen since. He had been married for just one month.

At the time of his disappearance Artur Akhmatkhanov was a volunteer at the Russian-Chechen Friendship Society, a human rights organization.

In a letter to local Chechen authorities in March 2004, a military commander denied any involvement by the Russian military in Artur Akhmatkhanov’s disappearance. An official investigation into his disappearance, which was launched on 4 April 2003, was suspended.

The Russian non-governmental organization Memorial has estimated that between 3,000 and 5,000 men, women and children have been forcibly disappeared or abducted in Chechnya since 1999.

Artur Akhmatkhanov’s mother, Bilat Akhmatkhanova, continues to search for her son in mass graves, places of detention and other places where she fears he may be held. She has not given up hope that her son is still alive.

Please write, calling on the Russian authorities to: ensure that Artur Akhmatkhanov's disappearance is fully investigated; make public the official list of all missing people in Chechnya; ensure full and impartial investigations into the mass graves in Chechnya; and provide protection from intimidation for witnesses and relatives.

Send appeals to:
Vladimir Putin
President of the Russian Federation
103132 g. Moscow
4 Staraya Ploshchad (or Old Square)
Russian Federation
Or you can send an email via this website: www.kremlin.ru/eng/articles/send_letter_Eng1a.shtml
Salutation: Dear President Putin

CHINA: Falun Gong practitioner detained without trial

Appeal status: Active

Appeal started: December 2007

Bu Dongwei, a Falun Gong practitioner, is serving two and a half years of “Re-education Through Labour” (RTL) for exercising his right of freedom of religion. He is being held at the Tuanhe facility in Beijing where he does packaging work.

Bu Dongwei was arrested in May 2006 by seven police officers. His family did not know what had happened to him until three months after his arrest. He was assigned to RTL for “resisting the implementation of national laws” and “disturbing public order” on the basis of a verbal confession and 80 copies of Falun Gong literature that the police say they found in his home. He has not been brought before a court, and the authorities claim that he decided not to appeal against his imprisonment.

In August 2000 Bu Dongwei was assigned to 10 months’ RTL for his religious beliefs. He said he was beaten, deprived of sleep and made to sit in a small chair all day to force him to renounce his beliefs.

Tens of thousands of Falun Gong practitioners have been arbitrarily detained in China since 1999 when the organization was banned. Alleged organizers or leaders have been sentenced to prison terms and others have been held in psychiatric hospitals.

RTL is a system of administrative detention imposed by the police without charge, trial or judicial review and in violation of international fair trial standards. Recent efforts to abolish the system appear to have stalled within China’s legislature. Beijing city authorities have extended the use of RTL as a pretext to “clean up” the city in the run-up to the 2008 Summer Olympics.

Please write, calling for the immediate and unconditional release of Bu Dongwei as a prisoner of conscience. Pending his release, urge the authorities to allow regular visits by his family, access to a lawyer and medical treatment. Ask for a guarantee that he is not subjected to torture or other ill-treatment during his detention. Please also call for the abolition of the RTL system.

Send appeals to: Wen Jiabao Guojia Zongli, Prime Minister of the People's Republic of China, The State Council General Office, 2 Fuyoujie, Xichengqu, Beijingshi 100017, People’s Republic of China

Fax: +86 10 6596 1109 (c/o Minister of Foreign Affair)

Email: gazette@mail.gov.cn

Salutation: Your Excellency

Prosecution and defence teams trade words during tense proceedings

http://videos.thestar.com.my/default.aspx?vid=678

SHAH ALAM: It was a dramatic start to the trial of 26 people alleged to be Hindu Rights Action Force (Hindraf) supporters in a packed and heavily-guarded Sessions Court here yesterday as a high-powered prosecution team crossed swords with a huge group of defence lawyers.

The suspects, detained by police in Batu Caves on Nov 25, claimed trial to various charges including taking part in an illegal assembly and causing damage to public property during the tense proceedings tinged with racial overtones.

They were also charged with using criminal force on a policeman with intent to cause death.

Attorney-General Tan Sri Abdul Ghani Patail himself led the prosecution team.

Seventeen lawyers appeared for the defence.

Three volunteer lawyers from the Bar Council for the defence discharged themselves after one of them, Rajpal Singh, disagreed with Hindraf lawyer P. Uthayakumar’s racial slant.

Judge Azimah Omar told the defence lawyers not to be emotional

Cancel the One-semester Suspension of Lee Song Yong

To: Y. B. Dato' Mustapa bin Mohamed (Higher Education Minister of Malaysia)

To all,

Lee Song Yong, second year Computer Science student from Universiti Putra Malaysia (UPM) has been suspended for one semester by the Disciplinary Board of UPM on 22 November 2007 after he was found guilty for not cooperating with security guard, questioning the task of security guard and obstructing the security guard from executing his duty, responsibility and functions.

Background of the Incident

The incident happened in 22 August 2007, where Lee who is stopped at guard house refused to let his bag to be checked because there was no explanation from the security guard. Three plain clothes officer from Special Task Unit who arrived later grabbed the matric card and notebook from Lee without Lee¡¯s consent. Lee lodged a police report on the same day. Three days later, a complaint has also been made against the security officer at the Security Department.

The campus authority did not take any action against the security guards who had abused his power and did not respect the rights and privacy of the student. Instead the same security guards had accused Lee on 14 November 2007 alleging that he did not cooperate and had challenged the security guard.

The first proceeding on 19 November 2007 has been adjourned to 22 November 2007. In that proceeding, Disciplinary Board has decided to impose heavy penalty which is to suspend him for one semester of study and warning was given.

The Power of Security Guard in UPM exceeds that of Police Force

In this case, we have seen that the power of the security guard exceeds that of police which is stated in Criminal Procedure Code (CPC), police can only do checking by giving explanation and follow strict procedures. It was obvious that security guard had abuse his power.

This incident also shows that the campus authority sides the security guard. The suspension shows that they want to create a climate of fear among the students and want the students to obey the limitless power of the security guard.

Despite calls by the Human Rights Commission of Malaysia (Suhakam) to halt the proceedings due to allegations of human rights infringement, the proceedings went on. The university¡¯s administrative authority still held the proceedings in a hurry and imposes penalty onto Lee.

The Unfair Proceedings

The procedure of the hearing is obviously violating the basic rights of the student. Despite given a short notice to the hearing which make it difficult for Lee to make peparation, he was also denied legal representation by the campus authority. This is a violation of right to counsel which is included in Article 5(3) in Federal Constitution.

Demands

DEMA calls upon the campus authority of UPM to cancel the unreasonable punishment towards Lee, state the checking procedure of security guard and take action against the security officers who had abused their power.

Release by,

Malaysia Youth and Students Democratic Movement (DEMA)


PETITION

To:
Y. B. Dato' Mustapa bin Mohamed
Minister of Higher Education,
Ministry of Higher Education Malaysia.

CC:
Prof. Datuk Dr. Nik Mustapha bin R. Abdullah
Vice Chancellor of Universiti Putra Malaysia.

Cancellation of The Suspension for One Semester of Lee Song Yong Immediately

We/I oppose to the action of campus authority that imposes one semester suspension penalty to Lee Song Yong, a second year Computer Science student from Universiti Putra Malaysia who stopped at guard house and refused to let his bag to be checked because there is no explanation from the security guard.

2. We strongly feel that the penalty should be cancelled because:
a. Lee Song Yong had given enough cooperation to the security guard by showing his matric card and waiting for the explanation before allowing his bag to be checked.
b. Security guard did not explain the reason/purpose to examine student¡¯s bag. Even police also needs to tell the purpose before any checking.
c. The officer who acted violently, did not introduce himself and seized Lee¡¯s belongings was not investigated.

3. We/I feel that, the punishment towards Lee Song Yong shows that campus authority sided security officers who abused their power and did not respect the rights and privacy of students. The penalty of suspension has created fear among students and make student have to obey to the limitless power of security guard.

4. We urge that campus authority
a. Cancel the suspension of one semester to Lee Song Yong immediately
b. State the checking procedure of security guard clearly
c. Take action against the security officers that abused their power

Besides that, we also call upon campus authority to stop any action that violates the rights of students in UPM and created a climate of fear among the students in the university. Campus authority should take care of the welfare and safety of the students and not being a threat to them.

http://www.petitiononline.com/notoUUCA/petition-sign.html

Kindly sign the above petition.


Sincerely,

Steven

Factory shut down! - Workers fury as boss flees

FACTORY SHUT DOWN !

WORKERS FURY AS BOSS FLEES ………….

Cosmoplus Industries shut down abruptly leaving more than a 100 workers dry and shocked. Until the last minute, they were still doing overtime until they received a one paragraph letter telling them that their work has been terminated.

It was a 24 hour notice. This morning workers gathered outside the factory but the gates were closed and guarded by Guards employed by the Bank which have sealed the factory claiming that the factory has gone bankrupt.

Workers expressed their frustration by carrying placards and shouting slogans against their boss, who until the end squeezed them dry and high. The workers were not paid their last month salary as well as compensations. Some of the workers have worked since the factory started some 18 years ago. A large number of workers were also seen lamenting as Deepavali were just two away and they need money.

It is believed that the company is owned by share holders from Singapore and manufacturers plastic mould. Also frustrating was that some workers have evidence that a few days ago, the company has moved some of the machinery to another factory in Asa Jaya. When workers asked if the company was shutting down, the Manager denied and this denial was until the last minute.

At the factory today were press reporters as well as representatives from JERIT and PSM. The Coalition of Workers and Factory (GPKK-JERIT) has previously demanded that the Government set up a retrenchment fund like EPF and SOCSO for retrenched workers. The idea which was supported by MTUC was rejected by the employer’s association. The spineless Government of Badawi has since not implemented this legislation. Under the current practice, once a company goes bankrupt, it would take years for the compensation to be paid and in most cases workers will not see a single cent at end of the day.

The government should look seriously on this matters.

Culprits must be taken into the action and they must be answerable to the Justice.

Steven
stands4justice@gmail.com

Amnesty International Malaysia

Below is the Amnesty International Malaysia's public statement on the excessive use of force by the police on HINDRAF supporters at the public rally on the 25th November 2007. Please feel free to forward this to your networks. AI Malaysia is closely monitoring developments in this area with SUARAM and other human rights groups.

Amnesty International Malaysia - Public Statement

HINDRAF Public Assembly: Respect and implement the Royal Commissions recommendations on policing immediately

Amnesty International Malaysia is gravely concerned over recent events regarding the conduct and response by the Royal Malaysian Police towards freedom of assembly in Malaysia. It is our view that the police haveresorted to unnecessary use of force on peaceful demonstrators and arbitrary arrests of hundreds of people for exercising their constitutional rights.Amnesty International is also seriously concerned over the act of intimidation and harassment based on racial profiling in the setting up of roadblocks before the November 25 rally. We are also alarmed at the unprecedented act of obtaining a blanket unilateral restraining order without the other party being given a right to be heard, hence imposing an unfounded opinion that public assembly is an act of nuisance and a threat to public safety.

In view of all this, we regret that the police continue to undermine the constitutional rights to peaceful assembly and personal liberties even after the matter had been strongly addressed by the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police in 2005.

The right to assembly is a fundamental inherent right of all persons as provided in the Universal Declaration of Human Rights and the Federal Constitution. In 2005, the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police, in recognition of this right,proposed an amendment to section 27 of the Police Act 1967 that imposes the requirement of a permit and the absolute discretion on the police to grant approval to public assemblies. This important recommendation was also echoed by the Report of the SUHAKAM Public Inquiry into the Incident at KLCC on 28May 2006.

We regret that this recommendation has yet to be implemented by the government and public assemblies continue to be clamped down with excessive force as witnessed in the public rallies held on November 10 and 25 respectively. Amnesty International views that the police have the responsibility to abide by international standards for law enforcement officials, set out in the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which stipulate that law enforcement officials must maintain and uphold the human rights of all persons in the performance oftheir duties.

Amnesty International Malaysia also emphasizes that the authorities must respect the right not to be subjected to arbitrary arrest or detention, andnot to arrest or detain anyone for exercising their rights to freedom of expression and peaceful assembly. Amnesty International reiterates its call on the Malaysian Government to respect the findings and recommendations made the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police and to amend Section 27 of the Police Act and to immediately implement the Independent Police Complaints and Misconduct Commission(IPCMC) as well as all the recommendations made in Chapter 10 of the commission's report. Amnesty International Malaysia also strongly urges the Royal Malaysian Police to respect and protect the rights of the people to peaceful assembly and their personal liberties.

Released by

K.Shan

Campaigns Coordinator

Amnesty International Malaysia

Background InformationAll the recommendations contained in Chapter 10 of Royal Commissions Reportthat address the issue of human rights obligations and policing are yet tobe implemented as of today.

Shanon Shah

Executive Director

Amnesty International Malaysia

-- Defending human rights worldwide --

Suhakam Should Investigate Torture Chambers & Torture Perpetrators

Memorandum of GERAKAN MANSUHKAN ISA (GMI)

To National Human Rights Commission (SUHAKAM)

28th November 2007

On 18th October 2007, High Court judge Datuk Mohd Hishamudin Mohd Yunus in a landmark judgment ruled that Abdul Malek Hussin’s ISA arrest and detention for 57 days in 1998 were unlawful and further found that he was tortured while under police custody and awarded him RM2.5 million in damages. The judge in awarding exemplary damages to the plaintiff said that it was to show the court’s abhorrence against the gross abuse of power by the police and the use of the ISA.

Gerakan Mansuhkan ISA (GMI) believes that this case is significant as not only was this the first time that the court had awarded significant compensation to an ISA detainee for unlawful detention and abuse, the case also highlighted the serious abuses and torture that happened while under detention.

GMI wishes to highlight that in a shameful indictment against the police and the then Inspector General of Police Abdul Rahim Noor (and the government), the judge found that Malek Hussin had suffered and endured the following events while under police custody:

- arrest and detention were made in bad faith;

- denied access to his lawyer;

- nature of interrogation was clearly for a political purpose and had nothing to do with genuine concern for national security;

- stripped naked in an air-conditioned room and interrogated;

- blindfolded during interrogation;

- physically assaulted up to 60 times;

- beaten until he was unconscious;

- forced to drink urine and rancid water;

- subjected to sexual abuse;

- threatened with harm against his wife and family;

- threatened not to take legal action or to report on his ordeal.

In the hard-hitting judgment (copy is enclosed), the judge made a few important findings that GMI believes SUHAKAM should be concerned with:

(1) the existence of “torture chambers” and the need for SUHAKAM to investigate further;

(2) the torture acts committed by the police personnel that still go unpunished.

Besides these, it is also pertinent to note that Malek Hussin in his civil suit had managed to identify positively the police officers that interrogated, tortured, assaulted and humilated him. GMI is informed that other detainees have also identified the same in the past.

In view of the above, GMI calls on SUHAKAM to take this opportunity:

1. to utilize its powers to initiate investigations into the “torture chambers” including the conditions and policies that allow such torture to take place

2. to initiate investigations againsts the police personnel that perpetrated these torture acts

3. to urge the Government to release all ISA detainees or charge them in an open court due to the gross abuse of power under the ISA as evident in the judgment of Malek Hussin’s case

4. to urge the Government to heed SUHAKAM’s recommendations to abolish ISA

GMI is of the view that this judgment is a wake-up call for SUHAKAM to intensify its efforts to abolish the ISA as clearly it has no place in a modern, civil and democratic society. The ISA - the most obnoxious, shameful and draconian law in Malaysian history - creates a climate for torture and ill-treatment and must be abolished.

While this case is certainly a welcome victory for justice and human rights, GMI would like to remind SUHAKAM that currently there are still about 90 persons being detained under the ISA, of which at least 26 will reach detention period of six years in 2008.

Lastly, GMI also wishes to highlight to SUHAKAM that the worldwide concern for injustice and human rights abuses perpetrated under the ISA has recently been adopted by the Islamic Human Rights Commission (IHRC), an independent campaign and advocacy organization based in London (campaign pack is enclosed).

Release all ISA detainees!Abolish ISA!

Close Down Kemta!

Syed Ibrahim Syed Noh

Chairperson

Would like to have suggetions and comments on the above matter.

Feel free to email me at stands4justice@gmail.com so that we may know how many viewers agree with the above statements.

Renouncing citizenship: Chinese top the list

Chinese Malaysians record the highest number of those who have renounced their citizenship, followed by the Malays and Indians, the Dewan Rakyat wastold today.

The Home Ministry's parliamentary secretary, Abdul Rahman Ibrahim, said14,316 Chinese (87%) have surrendered their citizenship, compared to 1,098Malays (6.6%), 822 Indians (5%) and 238 (1.4%) others from 2000 to 2006.

He also explained that 106,000 people have renounced citizenship sinceIndependence in 1957.
Abdul Rahman said these Malaysians had applied for citizenship to India, SriLanka, Singapore, Japan, Canada and Indonesia.

"(Others) have applied to the UK and US, Taiwan, Thailand, Germany, NewZealand, France, Austria, Ireland, Sweden, Belgium, Brunei, Finland andJordan," he said.

*Living condition*

As to why so many Malaysians have opted to leave for other countries, he replied: "The main reason is the (quality of life) in those countries."

"They also consider the working environment, such as better opportunities and better pay. And some consider education for their children as a reason to apply for a citizenship in a particular country," he said.

Abdul Rahman was replying Mohamed Aziz (BN-Sri Gading) who asked for a breakdown of the figures according to race and the country of destination.

On a related matter, Abdul Rahman said the government takes into consideration three things before stripping a person of citizenship.

"Firstly, we see if the person holds citizenship in another country.Secondly, we see if the person has voted in that country's elections. And lastly, we (check) if the person holds a foreign passport," he said.

He explained that revoking citizenship can be implemented under Article24(2) and 3(a) of the Federal Constitution.

Giant hypermarket, hyperRacist? Police misuse of powers.

What was the fuss all about @ The Giant store, Seksyen 13, Shah Alam last weekend?

The following is the excerp of the police report made by one Sashindran a/l Ravichandran,22 who was beaten and insulted by 2 security guards of theGiant store.

Pada hari 16 hb November 2007, lebih kurang pukul 11.20 pagi, saya telah pergi ke “Giant” di Seksyen 13, Shah Alam untuk membeli barang. Setelah saya beli barang itu berjumlah RM23 dan selepas membayarnya saya meletakkan diatas kaunter “ Giant “ untuk beli satu lagi barang.
[…] Semasa saya bercakap dan meletakkan telefon saya dalam “ sling beg “ saya ditegur oleh 2 pegawai sekuriti “Giant “ dan dibawa ke bilik mereka.

Sejurus sahaja saya sampai dibilik itu, saya dipukul dari belakang dengan tangan oleh salah seorang pegawai sekuriti

The problem started when the unindentified security guards insulted the HINDU religion who the man profess.

Pegawai itu terus memukul saya dan paksa saya untuk duduk dibawah dan seterusnya memadamkan “kum kum “ yang merupakan kesucian agama saya serta mencabut rantai keagamaaan saya daripada saya dan lalu dicampak dalam bilik tersebut.

Selepas itu, pegawai sekuriti itu ambil gambar tuhan Krishna saya yang berada dalam bentuk “pendant “ dan meletakkan semula di atas dahi saya dan beritahu perkara berikut sebelum dia menendang saya dibahagian belakang :-“ Sekarang kamu nampak macam syaitan “

He was later made to take pictures holding some items that was planted in his bag. The guards called police who later continued the abuse in the police station.

Semasa berada dalam kereta peronda, salah seorang polis memaki saya seperti berikut : -

1. “ India keling you apa 08 punya orangkah “

2. “ Saya boleh lepaskan awak dan tembak dan membuang saya dimana-mana sahaja.

Kemudian dia mengambil ID pekerja saya dari dompet saya dan campakkan keluar dari kereta. Masa itu, saya meminta jangan campak tetapi dia terus memaki saya seperti berikut :-

“ You India keling pasti masuk lokap, kamu akan hilang kerja, tak payah ada ID, Ini negara Islam, apasal you ada sini, kalau mau curi balik India “

I wasn’t surprised to read the police report, I wasn’t surprised to read the said insults. This is the country that I have been living the past 20years, and this is the kind of insults/abuse that is very common for minorities like us. Malaysia truly As(s)ia. But I am surprised that no one cared.

Calls have been made for Giant Store to sack and take action against the two security guards. You can pressure them too. Boycott Giant.
GCH Retail (Malaysia) Sdn. Bhd.Lot 2, Persiaran Sukan, Seksyen 13, 40100 Shah Alam.
Tel: 03 - 5544 8888 (Head Office)03 - 56358056 (Training and Development)
Fax: 03 - 5511 9663 (Human Resource)
03 - 56325255 (Training and Development)03 - 5544 8646 (Marketing)

Plantation families to lose homes

KUALA LUMPUR: Just give us a home we can call our own and the respect we deserve for our dedication to the country.

So say the plantation community of Ladang Bukit Jalil after being slapped with eviction notices by Kuala Lumpur City Hall (DBKL).They have to be out by Thursday and the demolition of their homes is set for Friday. The 58 families were labelled as squatters after a census in the area in April last year, despite being employed by developers with contracts with DBKL to work the land since 1980. Ladang Bukit Jalil residents action committee secretary Thiakarajan Sathasivam, 54, said their pleas for an extension and a fair resettlement deal have fallen on deaf ears.

"We have sent so many appeal letters but never received a reply. Five days ago, we delivered a letter to the prime minister. Hopefully, he will postpone our eviction. "We are also hoping discussions with DBKL will materialise this week," he said.The community has been offered accommodation in the nearby Project Perumahan Rakyat, but according to Thiakarajan the agreement drafted by DBKL only offers a three-year tenancy without the option to purchase the homes when the term was up.If the head of the household dies, the agreement ends, leaving the rest of the family homeless.Housing is not the only problem this small community has to contend with.

The new Sekolah Jenis Kebangsaan (T) Ladang Bukit Jalil may be boxed in by cemeteries, a crematorium and a detention centre."The cemetery land will be segmented according to the different religions, 13.97ha in total, while our 103-year-old temple and new school have been allotted 0.4ha to share.

"How are the children going to study, sandwiched between a crematorium and graveyards?

"We need at least 5ha for the school, so we have a proper field. Who is more important, the living or the dead?" asked the school's parent-teacher association chairman, S. Balakrishnan, 46, who fears the projects may already be confirmed as construction on the detention centre has begun.

The pupils and their parents were out in full force yesterday, calling for a new location and a resized plot to be gazetted for the school.

Works Minister Datuk Seri S. Samy Vellu announced the school's relocation on Oct 16, saying the 61-year-old school was in a state of dilapidation, especially after being repeatedly hit by floods.

Year Six pupil found hanged

NIBONG TEBAL: A family’s bid to rescue a 12-year-old girl found hanged at their home in Changkat, near here proved to be futile.

They cut the blanket that gripped her neck and rushed the Year Six pupil to the nearest hospital in Sungai Bakap soon after the 1.40pm incident on Saturday.

However, the doctors there decided that S. Subashini be transferred to the Seberang Jaya Hospital, where she died at 4.05am yesterday.

Her grieving father, G. Sivakumar, 36, said his daughter was still alive when family members rushed her from their Penang Water Supply Corporation quarters to the Sungai Bakap Hospital.

He was away at work at the time of the incident.
The father of five daughters, aged three to 13, said Subashini had called for her mother when he visited her at the hospital.

He alleged that when she was transferred to the Seberang Jaya Hospital, the doctors there admitted her to the general ward despite her condition. He claimed that they had neglected to ward her in the intensive care unit.

Recapping the events that led to her death, Sivakumar said his daughter, who studied at a Tamil primary school, had been disappointed that she had not obtained the expected results in the UPSR examination.

“She had been crying since obtaining her results on Thursday,” sobbed Sivakumar, who said his daughter was a hardworking and bright pupil.

“I do not know what went wrong,” he added, saying that while she was confident of scoring at least 4As in the examination, the results showed that Subashini had only obtained 4Bs, 2Cs and 1D.

At about 1pm on Saturday, while the girl and other members of the family were chatting in the living room, Subashini got up and went upstairs, carrying a chair.

After about 40 minutes, when she did not return to join the family, one of her sisters went upstairs and found the girl with a blanket tied around her neck.

The young girl was buried at the Nibong Tebal Hindu cemetery here at 3pm yesterday.
South Seberang Prai OCPD Supt Shafien Mamat, when contacted, confirmed the incident and said police were investigating the case.

A hospital spokesman, when contacted, said Subashini was admitted to the high dependency ward and she was critically injured when she was brought in.

“The doctors did their best to save her but unfortunately she died,” she added.

POLICE & YOUR BASIC RIGHTS

POLICE & YOUR BASIC RIGHTS

Every Malaysian Citizen's need to know the basic rights.


1. POLICE STOP YOU

1.1 Not in uniform, ask for identification

Say: “Please, show me your Police authority card”.

1.2 Police authority card

Red colour: Suspended Police Officer. He has no authority to do anything to you. Walk away.

Other colours:
· Blue colour: Rank of inspector and above
· Yellow colour: Below the rank of inspector
· White colour: Police reserve

Note his name and ID number

1.3 In uniform

Note his name and ID number on his uniform.

1.4 Police vehicle

Note the number plate of the patrol car or motorcycle.

2. POLICE QUESTION YOU WHEN STOPPED

2.1 Your identification

Only give your name, ID card number and address.

2.2 The Police ask other questions

Politely ask “Am I under arrest?”

2.3 When are you under arrest

You are arrested if the Police:

· tell you “yes”;
· do not allow you to leave/want to take you to the Police station; or
· handcuff you.

If you are not under arrest, you may walk away/refuse to follow him back to the Police station or anywhere else, if asked.

2.4 When you cannot be arrested

The Police cannot arrest you just because you are a potential witness and want to take a statement from you (112/Witness Statement).


3. QUESTIONING BY POLICE WITHOUT ARREST

3.1 112/Witness Statement

When the Police are investigating a case and think you have information/knowledge about the case, the Police may examine you and take down your answers (112/Witness Statement).

3.2 Informal/ Formal Request

Most times, the Police make an informal request that you give a 112/Witness Statement. If the place and time is convenient to you, cooperate. If not, tell the Police you will do so at a convenient place and time.

If you completely refuse to cooperate, the Police can issue a formal order in writing signed by an investigating officer (Police Order) to ask you to cooperate.

If you disobey a Police Order, you cannot be arrested. However, it is an offence and the Police may request the Magistrate to issue a warrant against you to compel you to cooperate.

3.3 Giving a 112/ Witness Statement

You have the right to ask a lawyer to accompany you. This is advisable.

In giving a 112/ Witness Statement, you may refuse to answer any question / remain silent if the answer is likely to expose you to a criminal offence.

· Bring along a notebook or writing paper with you (Personal Notes).
· Write down every question asked in your Personal Notes.
· Make sure you understand every question asked.
· Take your time and think carefully before writing your answers in your Personal Notes.
· Read your answers to the Police Officer questioning you.
· Keep your Personal Notes for future reference.

3.4 Signing your 112/Witness Statement

Before signing your statement, read the questions and your answers written by the Police Officer carefully.

· Compare the statement you are asked to sign with your Personal Notes.
· You have the right to make any corrections/changes to the statement before signing.
· Sign your signature immediately below the last sentence of your statement.

4. POLICE ARREST YOU

4.1 Ask: “Why am I under arrest?”

An arrest is unlawful if you are not informed of the reason.

4.2 Do not resist an arrest

The Police have the right to use reasonable force to arrest you if you resist.

4.3 Ask: “Which Police station are you taking me to?”

The arresting Police Officer must immediately take you to the nearest Police station and no other place.

4.4 What to do when arrested

You have the right to make a telephone call.

Call your family or friend or lawyer or the Legal Aid Centre (LAC). Inform:

· you have been arrested;
· the time, place and reason of the arrest;
· the identity of the Police Officer; and
· the Police station you will be taken to.

4.5 What happens after arrest

You may be detained up to 24 hours:

· at the Police station, or
· in a lock-up to “assist” Police investigation.


5. YOUR RIGHTS AFTER ARREST & DURING DETENTION

5.1 Right to contact lawyer

You have the right and should insist to contact/see your lawyer.

5.2 Clothing

You are allowed to have one set of clothing on you in the lock-up.

5.3 Personal belongings

The Police must record and put all your personal belongings in safe custody.

Your personal belongings must be returned to you upon your release.

5.4 Welfare

You are allowed to take bath two times a day.

If you are sick, you have the right to receive immediate medical attention.

You are to be given proper and adequate food and water during detention.

5.5 How long can the Police detain you

The Police can only detain you up to 24 hours for investigation.

The duty of the Police is to complete investigation within 24 hours and to release you as soon as possible.

If the Police cannot complete investigation within 24 hours, the Police must bring you before a Magistrate for a remand order to extend your detention beyond 24 hours (“Remand Order”).


6. REMAND ORDER BY MAGISTRATE AFTER ARREST

6.1 Who is a Magistrate

A Magistrate is a judicial officer. He/She has power to make a Remand Order to detain you for more than 24 hours.

6.2 Purpose of a Remand Order

It is to give more time to the Police to complete their investigation and decide whether there is evidence to charge you for an offence.

The Police cannot ask for a Remand Order only for the purpose of taking a statement from you.

6.3 How long is a Remand Order

When the Police bring you before a Magistrate for a Remand Order, the Police must give reasons to the Magistrate why it is necessary to detain you beyond 24 hours. The Magistrate’s duty is to consider carefully the reasons given by the Police.

The Police will usually ask for a further detention of 14 days or less.

The Magistrate, after careful consideration of the reasons given by the Police, has discretion:

· not to make a Remand Order; or
· make a Remand Order for a period shorter than that asked by the Police.

The Police can make more than one application for a Remand Order. Altogether, you cannot be detained longer than 15 days.

6.4 What to say when you are brought before a Magistrate for remand

Tell the Magistrate:

· you want legal representation and to contact the LAC and your family;
· you want medical treatment because you are sick or have been beaten;
· if the Police had threatened or beaten you during your detention;
· if you had been denied proper food/water/clothing, toilet or necessary medical attention during your detention;
· whether the Police had carried out any investigation during your detention.

6.5 Ask for a shorter Remand Order from the Magistrate

Before the Magistrate makes the Remand Order, ask for a shorter remand period asked by the Police. Give reasons (Example: “I will co-operate with the Police in their investigation”, “I will be available” etc).


7. BODY SEARCH WITHOUT ARREST

7.1 When can this be done

If you are at a place (example: karaoke/clubs/entertainment outlets) where the Police are conducting a raid or looking for something (example: drugs), the Police may search your body/bags without arresting you.

This must be done in the presence of a Police Officer who is an inspector or of a higher rank.

7.2 What to do

· Do not allow the Police Officer to put his hands into your pockets or bags.
· Volunteer to empty your pockets/bags in his presence so you can see all your belongings.
· Take out your belongings one by one. Each time, say “Purse”, “keys”, “ID card”, etc.
· When your pockets/bags are empty, turn your pockets/bags inside out.

7.3 Your rights

· A female can only be body searched by a female Police Officer.
· All body searches must be carried out with decency (Example: cannot touch your private parts).
· There is no law requiring you to strip naked.


8. BODY SEARCH UPON ARREST

8.1 When Police can do so

· The Police have power to search your body for any object relating to the suspected offence.
· The body search must be conducted in a confined place. It is your right to be bodily searched in private.

8.2 Strip search

Even when arrested, there is no law allowing the Police to force you to strip naked.

If you are forced to strip naked/ threatened if you do not strip naked:

· Protest.
· Remember the Police Officer’s name.
· Lodge a report after the incident.


9. QUESTIONING BY POLICE AFTER ARREST

9.1 Identity of the Police Officer questioning you

Note the name/rank of the Police Officer questioning you.

9.2 Right to remain silent
The Police Officer will first make friendly conversation/talk (example: ask you about your family and friends etc). Be polite. Do not be afraid to remain silent. This is your right

9.3 Police want a written statement (113 Statement) from you

The Police Officer will ask you questions and then write down your answers. You are only obliged to give your full name, age, address and occupation (Personal Particulars).

Other than giving your Personal Particulars, you have the right to remain silent

If you choose the right to remain silent, say: "I will answer in Court".

9.4 Police cannot force you to make a 113 Statement

After giving your Personal Particulars and the Police Officer wants you to say more things by threatening or forcing you into making a written statement:

* Stay calm and remain silent;

*The Police Officer has no right to threaten, beat or force you into making a written statement.

If you have been threatened, beaten or forced, lodge a police report against the Police Officer at first opportunity. This is your right


9.5 If you wish to give 113 Statement

Follow the steps in paragraphs 3.3 and 3.4 above.

If you do not have a notebook/writing paper, request from the Police Officer

Your 113 Statement can/will be used as evidence against you in Court to prove:

*you have admitted / confessed to the Criminal offence as charged; or

*you have admitted / confessed certain facts that tend to show you are guilty of the offence as charged.

RM27 million cop charged - call for end to “headless administration” and multi-millionaire cops

The charging of the Commercial Crime Investigation Department (CCID) director Datuk Ramli Yusuff in the Kuala Lumpur Sessions Court yesterday with two counts of failing to make a full disclosure of his assets and another for involvement in business which entail a maximum penalty of 20 years in prison if convicted has raised the curtain for public view of something very rotten both in the police force as well as the government.
It warrants an urgent call for an end to the “headless administration” presently prevalent in the country in the past four years, as it is most disheartening to the Malaysian public that despite the Royal Police Commission Report and its 125 recommendations to create an efficient, incorruptible, professional world-class police service to keep crime low, eradicate corruption and respect human rights, the rot both in the police and government have got worse rather than improve for the better.
The prosecution of the “RM27 million cop” reminds Malaysians of two serious allegations about corruption in the police force -
• The allegation by former top cop who was the country’s longest-serving Inspector-General of Police Tun Hanif Omar in August that 40% of senior police officers could be arrested for corruption without further investigations strictly on the basis of their lifestyles;
• The Royal Police Commission Report in May 2005 which found that “corruption is still widespread among police personnel” (p 9), recounting the case from a complainant of a senior police officer who made an asset declaration amounting to RM34 million but no action had been taken.
The Ramli prosecution has refocused public attention on the problem of police corruption and millionaire and multi-millionaire plice officers – and the failure to implement the recommendations of Royal Police Commission for zero tolerance for corruption in the police force.
A question that is being asked by Malaysians is whether Ramli would have been prosecuted by the Anti-Corruption Agency (ACA) if the CCID Director had not been caught in a fratricidal warfare with the Inspector-General of Police.
This leads to the second grave concern about the police force – with the police at war with itself as well as with the Internal Security Ministry, paralyzing a concentrated and an all-out war to keep crime low, the first of three major recommendations of the Royal Police Commission.
With the Police at war with itself for months on end, it is no surprise that crime in Malaysia has become as endemic as corruption in the country – failing to achieve the Royal Police Commission objective to safeguard the country’s reputation as a safe country for the sake of its citizens, tourists and foreign investors with the immediate target of “a minimum 20 per cent decrease in crimes” within the first 12 months after the Report.
This target has not been achieved as the opposite has taken place.
The Royal Police Commission has referred to the “alarming” and “dramatic increase” in the crime index from 121,176 cases in 1997 to 156,455 cases in 2004, which registered an increase of 29 per cent in eight years.
Instead of reducing the crime incidence of 156,455 cases in 2004 to a level “no longer alarming”, crime incidence is set to break the 200,000 mark this year – which would be a hefty increase of some 30% of the crime incidence of 2004!
With the crime index increasing by leaps and bounds, proving that crime and corruption have become even more endemic that during the inquiry of the Royal Police Commission, it is shocking and outrageous that the top police leadership is at war with itself with external agencies like the Attorney-General’s Chambers, the ACA and the Internal Security Ministry taking sides.
What is even more shocking is that the Prime Minister, Datuk Seri Abdullah Ahmad Badawi who is the Minister for Internal Security had allowed such fratricidal warfare to be waged in the Police Force for such a prolonged period, undermining all efforts to create a world-class professional police service to keep crime low, eradicate corruption and respect human rights.
This was why I was so angry when the Deputy Internal Security Minister, Datuk Fu Ah Kiow, trvialised the whole incident by giving a standard and meaningless reply about the internal police warfare, when he had earlier promised to give an informed, proper and satisfactory explanation to Parliament and the nation.
Parliament and the country are entitled to know what is happening in the Police force when its mission to keep crime low and root out corruption have been gravely undermined by the internal police warfare, with the Attorney-General’s Chamber, the ACA and the Internal Security Ministry taking sides and making the Royal Police Commission quite a wasted effort in terms of its three objectives – for the police to keep crime low, eradicate corruption and respect human rights.
For this reason, I urgently call for an end to a “headless administration” and establishment of a new Royal Commission of Inquiry into police corruption and police at war with itself with crime becoming as endemic as corruption in the country in the past two years.

Good leaders are always a good mentor......

Good leaders are always a good mentors and also can be a guide to an Positive attitudes, believes, honesty, friendly, understanding and leaderships.

Steven