Aug 10 2008
Tag Archive 'ISA'
Aug 05 2008
HINDRAF contacts Commonwealth Parliamentarian Association
successfully launching Hindraf’s 1st Jalur Gemilang event in
Brickfields, Kuala Lumpur attended by more than 3000 people, Hindraf
continues it tireless struggle on the same day.
About 100 people had gathered in front of KL Convention Centre about 12.30 pm today.
They
had a peace protest for more than 2 hours carrying banners and placards
(”manila card”) with various slogans. The group whom most dressed in
their safron color dress were waving their placard to the passby
people. Few foreign and local medias were seen covering the peace
protest.
The group has managed to deliever the memo letter to more
than 40 delegates whom came to the meeting today during their lunch
break. Some of the delegates promised to raise the matter and seems to
know about the Hindraf when the Hindraf volunteers explains to the
delegates on the letter.
It is learnt that CPA ( Commonwealth
Parliamentarian Association) is having their annual meeting in the
convention centre from 1st August to 10th August. HINDRAF Chairman, Mr
P.Waythamoorty whom is self exile in London now had earlier sent a
official letter dated 15th July 2008 to Dr.William F. Shija, Secretary
General of Commonwealth Parliamentary Association address to their
office in London.
In the letter, HINDRAF has request the CPA
Sec. General to raise serious Human Rights Issues of affecting
Malaysian Indians at the CPA meet in Kuala Lumpur from August 1-10,
2008.
The 4 issues are;
1. Democratically elected representative
at Selangor Legislative assembly Mr.M.Manoharan denied his rights to
serve his constituents though he has won his state assembly seat with
big majority while he was still detained under the draconian ISA
(Internal Security Law).
but till today he is denied his right to serve his constituents. This is a serious affront to basic principles of human Rights.
2.
HINDRAF 5 leaders and workers detained under draconian Internal
Security Act (ISA) without trial for raising legitimate issues
affecting minority rights.
3. P.Uthayakumar whom is one of the detainee have been denied right to seek medical attention for heart ailment.
4. 51 years of neo colonization of ethnic Malaysian Indians by the majority Malay UMNO led Government in Malaysia.
Mr Waythamoorthy also have stressed in his letter to CPA that Malaysia being one of the materially
developed Commonwealth members in every possible way has breached and
failed to uphold its declaration and fundamental principal of the
Commonwealth in affirming human rights and good governance for the
Malaysian Indians with its practice of continued oppression and
suppression towards their ethnic citizens. Hindraf feels that Malaysia
breached the Harare Commonwealth Declaration, 1991, where the heads of
government of the countries of the Commonwealth had reaffirmed their
pledge that were set out in a Declaration of Commonwealth Principles
agreed by their predecessors at their Meeting in Singapore in 1971
which amongst them being that;
1. They believe in the liberty of the
individual under the law, in equal rights for all citizens regardless
of gender, race, colour, creed or political belief, and in the
individual’s inalienable right to participate by means of free and
democratic political processes in framing the society in which he or
she lives;
2. They recognise racial prejudice and intolerance as
a dangerous sickness and a threat to healthy development, and racial
discrimination as an unmitigated evil;
3. They oppose all forms of racial oppression, and they are committed to the principles of human dignity and equality.
They
stressed that Malaysian government continues to undermine human right
and civil liberties issues although they had pledged to the Harare
Convention and their membership with the United Nations Human Rights
Council.
Hindraf Event Coordinator, Mr Kannan whom came for the
peace protest at the KL Convention Centre said that this peace protest
is to seek CPA attention and urge them to bring up the serious
violation of Human Right and continues marginalization of Malaysian
Indians in the their meetings here. “As they are here on the ground
their should make effort to hear the plight of the marginalized
Malaysian Indians”, he said.
There were several police patrol cars
and personnel both in uniform and plain clothes watching the group in
briefand took pictures. The group later dispreased in peace after
holding the peace protest outside the KL Convention Centre almost 2
hours.
Mr Kannan also mention that it was success day as the group
successfully hand over the memo to several CPA delegates by hand and
the outside peace protest were allowed without any issue. He hope the
CPA and Malaysia government will look in to the request urgently.
Popularity: 1% [?]
Aug 05 2008
Camera in Camera during Hindraf 5 ISA Review
Not sure what “camera in camera” means, but Karpal Singh says its something not good:
The six-month review of the detention of the five Hindu Rights Action Force (Hindraf) leaders on July 1 was a “camera-in-camera”, with two senior federal counsel (SFC) conspiring with the investigating officer (IO), the High Court was told yesterday.
“The IO (Acting ACP Yusoff Mohd Amin) was present throughout the proceeding. Everything was held in camera. We agree that the public should be excluded, but it was a camera in camera. It was held in secret.
“Wahab (SFC Abdul Wahab Mohamed), Najib (SFC Najib Zakaria) and the IOÂ conspired to hold it in camera. Whatever happened behind the back of the defence and counsel, we don’t know,” said counsel Karpal Singh when submitting on his habeas corpus application, which sought the release of the five Hindraf leaders detained under the Internal Security Act yesterday. The five detainees are lawyers R. Kengadharan, 41, M. Manoharan, 47, V. Ganabatirau, 35, P. Uthayakumar, 47 and businessman K. Vasantha Kumar, 35.
At yesterday’s proceedings, Karpal told judicial commissioner Ridwan Ibrahim that the IO was not called to give evidence or to rebut the evidence given by the five.
It was also not disputed that the IO’s evidence was taken in  camera and that further discussions were held in camera with Najib, in
the absence of the five detained men and their counsel, he said.”We asked for the IO to be called. If there were any points that the IO made that touched on national security, objections could be made. Court discretion should be exercised judiciously. How can they anticipate that what the IO said would touch on national security?” he asked.
The advisory board of the detention centre in Kamunting was to search for the “unvarnished truth” and see if the detention was justified, he added.
He submitted that the board was wrong in not applying the trappings of a judicial enquiry as required, when hearing the
applicants’ representation. SFC Datuk Mohd Yusof Zainal Abidin said the review by the board was not a judiciary enquiry but an executive function. “Thus, the right to cross-examine does not arise,” he said, when responding to Karpal’s complaint that he could not cross-examine the IO and that the IO did not cross-examine his clients’ evidence during the review.
On the claim that the board did not comply with procedures, he cited a case in which the then Federal Court judge Tun Abdul Hamid Mohamad said: “It is not for the courts to make laws or rules. If there is no such procedural requirement, then there cannot be
non-compliance thereof”.
Karpal was assisted by counsel Gobind Singh Deo, Ram Karpal, P. Ponnmogam, R.S.N. Rayer and M. Kulasegaran, while Mohd Yusof appeared for both respondents — home minister and the commandant of the Kamunting detention centre — with Wahab and Najib.
Ridwan fixed Sept 8 for decision.
Popularity: 1% [?]





