29. Review of Restriction Order

KUALA LUMPUR: The chairman of the Hindu Rights Action Force (Hindraf) and four legal advisors have applied to the High Court here to have a restriction order issued by a magistrate against them last week reviewed and set aside.

The five – P. Waythamoorthy and lawyers M. Manoharan, P. Uthayakumar, V.S. Ganapathy Rao and R. Kengadhedharan – are asking the court to declare the Nov 22 order which barred them from holding the Sunday rally as void under the law.

The application filed at the High Court yesterday by the group's lawyer Gobind Singh Deo is supported by Manoharan's affidavit. More...

28. US Defends Protests

The United States underscored on Wednesday the rights of Malaysians to hold peaceful protests, after Prime Minister Abdullah Badawi's government swiftly suppressed mass rallies and threatened to use a draconian law to detain protesters indefinitely without trial.

"We believe citizens of any country should be allowed to peacefully assemble and express their views," a US State Department official said when commenting on the crackdown of unprecedented street protests in the Malaysian capital Kuala Lumpur this month.

One called for electoral reform which drew some 30,000 people, and another by at least 8,000 ethnic Indians last Sunday was aimed at highlighting racial discrimination.

The rallies were the biggest in a decade and took place despite bans ordered by police, who broke up the gatherings with tear gas, water cannons and baton charges.

The US official, speaking on condition of anonymity, did not go beyond his succinct statement, which was the first reaction by Washington on the rare outpouring of anti-government dissent in Malaysia.

The protests led to a veiled threat by Abdullah on Tuesday to use the controversial Internal Security Act (ISA) that allows for detention without trial to stem the dissent.

Rights groups, who have campaigned to have the ISA abolished, cautioned the prime minister against using such laws.

"It is a huge mistake for Prime Minister Abdullah to even consider using this unjust law to crack down on peaceful demonstrators," said T Kumar, Amnesty International's Asia-Pacific advocacy director in Washington.

"We strongly urge him not to use it." Amnesty has also called on the US authorities to check whether excessive force was used in quelling the recent demonstrations and to oppose any use of the ISA against peaceful protests, he said.

Abdullah argued that the ISA was "a preventive measure to spare the nation from untoward incidents that can harm the prevailing peace and harmony and create all sorts of adverse things."

"So, I don't know (when to invoke the ISA), but ISA will be there. When it is appropriate to use it, it will be used," he said.

Malaysia is holding more than 100 people under the ISA, about 80 of them alleged Islamic militants. Rights groups have long campaigned for them to be freed or brought to trial.

The legislation allows for two-year detention periods that can be renewed indefinitely. The government maintains that detention without trial is needed as a first line of defence against terrorism.

US intelligence consultancy Stratfor, in a bulletin to clients this week, said the Malaysian demonstrations signaled "instability" ahead of national elections expected early next year.

"The recent demonstrations signal chaos and unpredictability to come before elections are announced, but Badawi's grip on internal security is not going to loosen any time soon," it said - AFP.

27. Implement IPCMC

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 have resorted 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 28 May 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 of their duties.

Amnesty International Malaysia also emphasizes that the authorities must respect the right not to be subjected to arbitrary arrest or detention, and not 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.

K.Shan
Campaigns Coordinator
Amnesty International Malaysia

26 November 2007

26. A Brave Judge

In 1996, Datuk Syed Ahmad Idid wrote a 33-page unsigned letter alleging corruption, abuse of power and misconduct against 12 fellow judges. The allegations were dismissed as baseless and he resigned as High Court judge shortly after that.

At yesterday’s talk, he said the selection of judges was very different from that of a CEO because the former had to hold and nurture the good name of his office, his nation and must possess certain characteristics and qualities that only a few could claim to have.

He added that physical and mental health, temperament, aptitude and financial background were all factors to look into during the selection process.

Read more here.


Datuk Syed Ahmad Idid is a one in a million. Certainly the qualities required of a judge are far different from a CEO. The Honourable Judge has mentioned them above. Justice means judges have to be totally independent and impartial and judge on merits and truthfulness. They have to earn that respect from the public by their considered judgements. They have to be thoroughly learned in their professional capacity and be respected by their colleagues in the judiciary and by the Bar members who appear before them. The learned and reading public can see through judgements made. Once they lose that 'honourable' capacity, it is time for them to go. But in the case of Datuk Syed Ahmad Idid he resigned because his word, which is his bond, was not taken seriously. An example of a fine, fearless judge, we often find the good ones leaving and the others staying.This does not mean we have all bad judges now. We have fine judges who do a decent job and bring much respect and honour to themselves, their profession and the country.

25. MY JOURNAL

MY JOURNAL was originally intended as my recording for a personal use. It was subsequently been made available to all so that the authorities and the relevant parties 'see' the problems. But of now every piece that I write is about the wrongs of the authorities. When it comes to such a situation, I take it that something is wrong with me and not the people/issues I write about. I need a break. Will see you on an irregular basis from now. There is sufficient reading material in the ARCHIVES of this blog.