Malaysian Bar Arrest - UIA (Union Internationale des Avocats) letter
Monday, 22 June 2009 07:57am

Dear Mr Prime Minister,

The UIA (Union Internationale des Avocats) is profoundly concerned about the Malaysian government's recent arrest and temporary detention of five lawyers as they were waiting to represent their clients in custody at a local police station. The five lawyers, members of the Bar Council Legal Aid Centre, were arrested on the night of May 7, 2009, at the Brickfields Police Station in Kuala Lumpur, as they were seeking access to their clients who had been arrested earlier in the evening during a candlelight vigil. The lawyers were not released until late in the afternoon of May 8, despite the protestations of other bar members.

The arrest and detention of lawyers seeking to perform their duties of legal representation is a blatant violation of the rule of law. It both profoundly infringes upon the rights of lawyers to practice their profession freely and independently, and transgresses their clients' right to counsel. The conduct can only have a significant chilling effect on the rest of the bar and on others in society who might consider seeking counsel for their legal needs. It is inconsistent with a free and democratic government, and constitutes a gross violation of international norms of human rights.

The UIA recalls the Basic Principles on the role of Lawyers adopted in September 19901 by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders which stipulates :

“Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics (Rule 16).

They further state that where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities (Rule 17).

Adopted unanimously be the States represented at the Eighth Congress – among which Malaysia- the UIA considers that the said Principles have a normative value, on account of international customary law.

The United Nations General Assembly underscored the importance of these Principles in a resolution dated December 18, 1990 (A/RES/45/166) and invited governments to respect them and take them into consideration within the framework of their national legislation and practices.

The UIA, the world's oldest international law organization, with more than 300 Bars and Law Societies representing nearly two million lawyers, together with thousands of individual members from all over the world, counts protection of lawyers and their right to practice freely and independently as one of its core values, a basic human right and a cornerstone of the rule of law. It expresses its full solidarity with the Malaysian bar in protesting the illegal arrest and detention of the five lawyers, and calls for the following actions to be taken immediately:

1) any and all legal action against the lawyers should be dismissed;
2) an independent and thorough investigation should be undertaken into the conduct of the police officers and any other government officials involved in the arrest;
3) based on the results of that investigation, any officer or other official found to have acted improperly
should be appropriately disciplined;
4) concrete and transparent steps should be taken to avoid similar conduct in the future; and
5) the Malaysian government should reaffirm its commitment to the rule of law, the right of lawyers to practice their profession freely and independently, and the right to counsel of all Malaysian citizens.

Yours sincerely,

Stéphane BONIFASSI

Aung San Suu Kyi’s Birthday Celebration: To commemorate the struggle for democracy


Daw Aung San Suu Kyi was awarded the Nobel Peace Prize in 1991. The decision of the Nobel Committee mentions:[89]

“ The Norwegian Nobel Committee has decided to award the Nobel Peace Prize for 1991 to Aung San Suu Kyi of Myanmar (Burma) for her non-violent struggle for democracy and human rights.

...Suu Kyi's struggle is one of the most extraordinary examples of civil courage in Asia in recent decades. She has become an important symbol in the struggle against oppression...

...In awarding the Nobel Peace Prize for 1991 to Aung San Suu Kyi, the Norwegian Nobel Committee wishes to honour this woman for her unflagging efforts and to show its support for the many people throughout the world who are striving to attain democracy, human rights and ethnic conciliation by peaceful means. ”

— Oslo, 14 October 1991


Last night, at about 1130pm all of us (Puspa, Farhana, Kak Lat, Sasha and I) had a meeting at Devi’s to finalize tonight’s event : Aung San Suu Kyi’s 64th Birthday Celebration at Taman Jaya Lake, across Amcorp Mall at 8pm.

Some might ask, why are we celebrating Aung San Suu Kyi’s birthday?

Today, 19 June 2009 marks the birthday of Aung San Suu Kyi, or known as Daw Suu, a renowned political activist, fighting for democracy for Burma. Daw Suu was born in 1945 in Rangoon. Her father, Aung San founded the modern Burmese army and negotiated Burma’s independence from the United Kingdom in 1947.

In 1988, Daw Suu returned to Burma to take care of her ailing mother and by coincidence the long-time leader of the ruling party, General Ne Win, stepped down, resulting in mass demonstration for democracy. Daw Suu, addressed half a million people at a amass rally in front of Shwedagon Pagoda in the capital, calling for a democratic government. However, the military junta took over and later the same month, the National League for Democracy (NLD) was formed, with Daw Suu as general secretary.

In 1990, the military junta called for a general election and NLD won a landslide victory. However, the victory was annulled by the military junta as they refused to hand over power to the legitimate elected government, the NLD. Daw Suu, who were supposed to assume the office of the Prime Minister was placed under house arrest at her home in Rangoon. On May 3, 2009, an American man, identified as John William Yettaw, swam across Inya Lake to her house uninvited and was arrested when he made his return trip three days later.[50]

He had attempted to make a similar trip two years earlier, but for unknown reasons was turned away.[19] It is unknown what his motives were. On May 13, Suu Kyi was arrested for violating the terms of her house arrest because the swimmer, who pleaded exhaustion, was allowed to stay in her house for two days before he attempted the swim back. Suu Kyi was later taken to Insein Prison, where she could face up to five years confinement for the intrusion

[source : wikipedia]

.........................................

Daw Suu’s struggle for democracy manifests the highest determination for the establishment of a just government, of the people, by the people, for the people. She is the closest living legend in the Asian region that one can look up to in the cause of fighting for democracy, justice and freedom. As a matter of convenience Daw Suu could easily opt for her own interest over the interest of the people she is fighting for, but that was not the case as she turned down the offer made by the military junta asking her to leave the country in exchange of her own freedom.

She could have just accepted the offer and lived a normal life somewhere on the face of the earth, but clearly her priority has always been to stand by her principles and accede to her conscience. Living in the world that gloats over modernity and resorts to "my hands are tied" defence to barbarous and draconian acts which are best visualized back in the dark ages, and living a life when somewhere along the line hope is often lost, this kind of true story indeed is inspiring.

I would like to share a quote from her famous speech “Freedom from Fear” for us to ponder upon :-

“It is not power that corrupts but fear. Fear of losing power corrupts those who wield it and fear of the scourge of power corrupts those who are subject to it”.

God forbid, little that we know that our fear to speak the truth and our fear to admit to what is right and what is wrong can hold us answerable before Him. Our inaction indeed is a crime by itself.

Of here and there.

I don't really know why lately I don’t have the drive to write on my blog. I guess I'm too preoccupied with so many things that have been happening around me. But life has been treating me well and I’m grateful for that. Last week was a week full of activities.

I still remember having the KLLAC management panel meeting, Stef informed every one that the Kuala Langat Local Council sent an invitation to KL Legal Aid Centre to send a speaker to talk about gansterisme and law at Dewan Orang Ramai Kampung Jenjaroom in Kuala Langat. One of the requirements was the speaker must be able to speak Mandarin as majority of the people are Chinese. My instant reaction was to look at Valen who was sitting across the room. It was a little bit funny that suddenly all eyes were drawn towards her, hoping that she would agree to be the speaker. After constant persuasion, she agreed on one condition, those who were involved in getting her to agree to be the speaker must tag along on Saturday night.

Sasha, Valen, Farhana, Farida and I began our journey to Kampung Jenjaroom at 6. We arrived at around 730pm. As were on our way to the nearest mosque, we spotted one durian stall by the road and decided to drop by afterwards. The durians were awesome, every one kept eating them like there was no tomorrow. The durian seller just laughed at our antics.

The talk began at 830pm and while waiting for the guests to arrive, we managed to distribute a few leaflets on legal aid, employment law, accidents and Malaysian legal system to the public. At about 9.00pm Valen started to deliver her talk. Even though she spoke in Mandarin and I could barely understand the content of her talk, I would have to say that she delivered her talk very well. Before we left, we managed to talk to a few local councilors who were present and they mentioned that they would love to have us to join the programs that they have arranged for the public.

At 1030pm, we left for Bagan Lalang to enjoy the seafood every one was craving since forever. The journey took almost 2 hours, ya, thanks to Sasha for driving negative 40km/hour!:P we ate and ate and ate. We all got home happily at 330am.

On Wednesday morning, a bunch of the first year students from Taylor’s College visited Legal Aid Room at Jalan Duta Court. After I finished my trial, I managed to spend some time with them. They were all eager to know about human rights and activism. I shared my experience with them and I was so happy to see the enthusiasm in each and every one of them to contribute something to the society. Murnie and Ravin came later and shared their experiences too. I find it refreshing to see these young people who are so concerned about the country and the people they barely know. I believe that one day, these young people would be in the frontline, doing the right thing in the name of principles and conscience. God willing.

In relation to our arrests last month, it was quite a relief to note that SUHAKAM will conduct a public inquiry on our arbitrary arrest in the course of discharging our duties to our clients after the Bar Council submitted a memorandum calling for a public inquiry. The Star, on 16 June 2009 reported Suhakam’s reaction on recent complaints lodged by the public on police highhandedness and blatant transgression on the right to counsel as enshrined by the Federal Constitution.

Seriously speaking, the police force, like it or not must respect this right. I believe every sane, reasonable and mentally unchallenged human beings can easily understand the provisions on fundamental liberties guaranteed by the Constitution, there’s no need to waste the tax payers money to employ some special officers to be on stand by at every police station to read out the provisions of the CPC and teach the Police what to do and what not to do.

All they need is a proper training on how to fight crimes and respect human rights at the same time which i believe all of them are well aware of as you can't just pick up any joe or any hassan, abu, or ah seng on the street and offer them a position where they have to uphold law and order right?.Read this and see for yourself what is hapenning at this very moment. Enough said on this we shall see what will happen next.

Last night, I had a meeting with GMI. Nalini and Kak Laila bought lotsa chocolates from Geneva and all of us just couldn’t stop eating them while having the meeting. Nalini reported to the committee members on what transpired at the United Nation Universal Periodic Report (UPR). GMI was given a slot at the UPR session to present on the current situation in relation to ISA detention. Kak Laila presented the report and supported by reports from the IHRC (Islamic Human Rights Commission). It was alarming to note that the delegation was shocked to learn that Malaysia still implements laws that licence detention without trial. Well, well well, a little reality check is timely I would say.

Kuala Lumpur Legal Aid Centre: Calling all volunteer lawyers to take up Legal Aid Files
Contributed by Fadiah Nadwa Binti Fikri


Section 42 (1) (h) of the Legal Profession Act 1976 spells out the object and power of the Malaysian Bar to make provision for or to assist in the promotion of a scheme whereby impecunious persons may be represented by advocates and solicitors.

This particular section has crystallized an institution notoriously known as the Bar Council Legal Aid Centre which is self-funded by the sole contribution of members of the Bar. The Legal Aid Centre is run by the spirit of voluntarism of its lawyers.

Last year the Kuala Lumpur Legal Aid Centre (KLLAC) in particular disposed off 16,000 cases under its various programs. This achievement would not have materialized if it was not for the strong and undying commitment of the volunteer lawyers who were ever ready to assist the centre in taking up files in the course of promoting the right to legal representation as a fundamental human right guaranteed by the Federal Constitution.

Given the increasing number of cases being referred to the KLLAC each year, the KLLAC urges dedicated members of the Bar to sign up as volunteers by taking up cases circulated on the unassigned list on the KL Bar Website every month.

The ongoing efforts and commitment in promoting legal aid have to be continuously supported by the members of the Malaysian Bar in the promotion of legal aid as a universally recognized fundamental right of every individual as enshrined in Article 8 of the Federal Constitution, Article 7 of the Universal Declaration of Human Rights (UDHR), Article 14 (3) (d) of the International Covenant of Civil and Political Rights (ICCPR).

This is in parallel with the resolution passed by the Malaysian Bar at the 49th AGM of the Malaysian Bar on 18th March 1995 (Motion 1) which states that “It is hereby resolved that every member of the Malaysian Bar shall take up at least one legal aid case or matter per year as and when required.”

To all dedicated lawyers, do call up the legal aid centre now and register your names on the volunteer lists. Together we strive for the promotion of legal aid by discharging our duties as agents of social justice and nation building.

Remember May 21st : ISA : OPERATION SPECTRUM

Hi,

A group of Singaporean activists are campaigning against their government's ISA and are having a demo in Singapore on Thursday. It would be great if we can show solidarity through writing about it, spreading the word, etc.

Kris

Begin forwarded message:

>
> Here is the text for our coming demonstration against Operation Spectrum and the ISA. We hope that you could help us get this featured on GMI, Suaram and other relevant Malaysian organisations that are campaigning against the ISA in Malaysia. It would be good because we could highlight that the governments of both countries still retain this repressive law for their own political and social control, and that is protested against by Singaporeans and Malaysians alike.
>
> Please use the attached image as well.
>
> Remember May 21st
>
> On May 21st 1987, 22 young social workers, lawyers, businessmen, theatre practitioners and other professionals were detained without trial under the internal security law and accused of "being members of a dangerous Marxist conspiracy bent on subverting the PAP ruled government by force, and replacing it with a Marxist state." A second wave of arrests took place on June 20th the same year.
>
> The detainees were forced to make false confessions by the way of mental and physical torture. They were subjected to harsh and intensive interrogations, deprived of sleep and rest, some for as long as 70 hours in freezing cold rooms. All of them were stripped of their personal clothings, including spectacles, footwear and underwear and were made to change into prisoners' uniforms.
>
> Most of them were made to stand during interrogation for over 20 hours and under full blasts of air conditioning turned to the lowest temperature. Under those conditions, one of them was repeatedly doused with cold water. Most were hit in the face while others were assaulted on other parts of the body. Threats of indefinite detention without trial were also made to them should they continue to deny the intentions that they have been accused to harbour.
>
> They were then compelled to appear on TV with their confessions and were told that their release would be dependent on their performance on TV.
>
> On 21st May 2009, which marks the 22nd anniversary of 'Operation Spectrum', a group of concerned Singaporeans will be demonstrating against the treatment of the detainees who were detained without trial under the ISA. You are invited to come to Speakers Corner and remember this day with us.
>
> 6.30pm, 21st May 2009
> Speakers Corner, Hong Lim Park
>
> For more info: http://en.wikipedia.org/wiki/Operation_Spectrum

A MOCKERY AND A BLESSING IN DISGUISE!

Following the arrests made on previous night on participants at the peaceful candlelight vigil in solidarity with Bersih activist Wong Chin Huat, my friends and I were informed to be on standby for possible new arrests on the night of 7 May 2009.

I headed home after work and decided to go to the gym early that night at around 8pm, while being on standby to head straight to the police station in case arrests were indeed made. I kept looking at my handphone for any updates. It was 930pm and I decided to leave the gym. Five minutes after that, I got a message from Puspawati Binti Rosman saying that 14 people had been arrested by the Police. I forwarded the message to Murnie Hidayah Binti Anuar, asking her to come to the police station to render legal assistance to those who had been arrested.

Puspa was the first to arrive at the police station and at around 10pm, all of us gathered in front of the police station. We informed the police that we were the lawyers for those who have been arrested. We demanded the police to give legal access to our clients. The officer-in-charge told us that the investigating officer (IO), DSP Jude Pereira, was in a meeting at that point in time. We tried to stay in touch with our clients in order to obtain recent updates on their condition, and we gave them legal advice over the phone. Our clients informed us that the police had asked them to sign the certificates under section 28A(8) of the Criminal Procedure Code (CPC), i.e. the waiver to the right to legal representation. We advised them not to sign the certificates.


After waiting for nearly an hour, we were informed that the IO’s meeting had just finished. We demanded to see the IO but to no avail. I called the IO’s number and when he answered, I demanded that he give us access to our clients since we had been waiting outside the gate for nearly an hour.

He said that he had invoked section 28A(8) of the CPC and that our clients had signed the certificates. I got so upset that I repeatedly told him that our clients had not signed the certificates. At that very moment, every one who was there could hear, loud and clear, the cries of our clients demanding their constitutional right to see their lawyers, as they shouted, “WE WANT LAWYERS!”

I told the I.O to come near the gate where we were standing as we needed to talk to him to clarify the situation. He came towards us and he repeatedly said that our clients had signed the certificates and he asked us to leave. When I asked him to specify the grounds for invoking section 28A(8) of the CPC, he said, “That’s the ground!”. And I responded, “What IS the ground? Can you please specify the ground??” He kept quiet as he was unable to answer that simple question. Dissatisfied with his response, we demanded to see the certificates ourselves. He just walked off, leaving us without any explanation.
A few minutes later, OCPD Wan Abdul Bahari approached the gate and ordered everyone to disperse in three minutes as what was happening outside the gate was allegedly an illegal assembly. I could see the press and those who were there leaving the place. Ravinder Singh Dhalliwal, Puspa, Murnie, Syuhaini Binti Safwan and I did not step back as we were fully aware of the fact that we were still on duty.

The OCPD counted to three, the gate was opened, and all we could see was the police officers coming towards us. We were all arrested. We were brought to the police station car park and asked to stay there. I got a call from Amer Hamzah Arshad asking me to tell the police that our lawyers wanted to see the IO. I called one police officer and told him that our lawyers needed to see the IO. Much to my surprise, he had the nerve to tell us that we were not under arrest. We asked him, “If we are not under arrest, that means we can walk out now right?” He just looked at us. What a mockery!

Each of us started to call our families and lawyers. While waiting for the IO to get back to us, we just couldn’t help but laugh over the arrests. Don’t get us wrong, it’s not that we enjoyed being arrested, but it was just that the whole situation did not make any sense at all and the best thing that we could do was laugh over the ludicrousness of the institution called “Polis Di Raja Malaysia”, an institution that is supposed to uphold law and order in this country of ours.

“Violated” is the best description as to our feelings in relation to the whole scenario when law, fairness and justice were replaced with highhandedness, arbitrariness and gross violation by an institution that is entrusted to do the contrary. I could still remember, one month ago during a planning meeting on urgent arrest training at the Legal Aid Centre, one question that was raised was the possibility of lawyers being arrested whilst discharging their statutory duties. After what happened last Thursday night, the answer is yes, in line with the infamous tagline “MALAYSIA BOLEH” – anything is possible, including the deliberate breach of constitutional law, the highest law of the land.
We were kept in Brickfields Police Station until 4am. The waiting game was utterly exhausting and emotionally draining. The fact that we had the support from the conscientious members of the Malaysian Bar made us all stronger to face the situation. Knowing that the conscientious members of the Bar would always be there for us reaffirmed, and continues to reaffirm, our beliefs that the struggle must continue. The fact that all conscientious members of the Bar are behind us reaffirms that Rule of Law still has the chance to flourish.

We are lucky that we could see for ourselves, before our very own eyes, how degrading the conditions in the lock-up are. It struck me in the head that once you are being held in the lock-up, you lose your dignity as a human being. The unfair treatment given to us and our clients who first got arrested speaks for itself. They were yelled at and intimidated when statements were being taken down. Why the double standard? Can’t we all be treated as normal human beings? Does God treat lawyers and laymen differently? It’s a blessing indeed, to have experienced all this firsthand.

We don’t fight this battle just for us, it’s for humanity as a whole.

http://www.youtube.com/watch?v=FtZEJMTq1EE

DEBAT ISA : HARAM ATAU HALAL?

Dear All,

Please be informed that Gerakan Mansuhkan ISA (GMI) will be organizing “Debat ISA : Haram atau Halal?” in the light of the recent claims made by a group called PEWARIS chanting that ISA is in line with Islam and it is needed in order to protect the religion of Islam.

Please be informed that GMI has sent an invitation to PEWARIS to send their representative to refute the anti ISA stand taken by GMI.

To date, we have not received any reply from PEWARIS whether they will be coming to the event in order to present their views which are in support of the ISA. In the spirit of freedom of speech and expression, the positive reply from PEWARIS to debate on the above mentioned issue is very much anticipated.

We hope that this information can be published on your respective blogs in order to inform the public on the event. The details of the event are as follows:-



Event : “Debat ISA : Haram atau Halal?”

Speakers : YB Saari Sungib (GMI) V Representative from PEWARIS

Venue : Auditorium, Dewan Sivik MPPJ.

Date : 9 May 2009 (Saturday)

Time : 3.00pm-5.00pm



Please be informed that a press conference on the event will be held on 4 May 2009 (Monday) at Kuala Lumpur Selangor Chinese Assembly Hall at 11.00am. do come and show your support.

Thank you.

Regards,

Fadiah Nadwa Fikri

On behalf of GMI

NAJIB'S PLOY : ISA?

Najib's ploy
10 Apr 09 : 9.00AM

By Jacqueline Ann Surin
jacquelinesurin@ thenutgraph. com

LEST we allow our new prime minister to get away with a slick public relations exercise, here are some cold hard statistics about previous prime ministers and the Internal Security Act (ISA).


In July 1981, two weeks into office as prime minister, Tun Dr Mahathir Mohamad released 21 ISA detainees. As he himself candidly admitted on 5 April 2009, he thought it would be good for him. It probably was for his public image then.


But what did Mahathir subsequently do during his 22 years in power? According to Suaram, under Mahathir's administration, 1,500 people were arrested under the ISA. Most notable of these arrests were the 100-plus Malaysians who were arrested in 1987 under Operasi Lalang.


But Mahathir wasn't the only one to start off a premiership on such a good footing. In November 2003, after almost a month of being prime minister, Tun Abdullah Ahmad Badawi released 15 detainees. Subsequently, however, under his administration between October 2003 and April 2009, there were 105 new arrests.


And so, Datuk Seri Najib Razak isn't really doing anything extraordinary as Malaysia's new and sixth prime minister. His release of 13 ISA detainees on 5 April follows a route Malaysians should now be familiar with.


The question, of course, is what will Najib do after this?


Three foreigners — one from India and two from Myanmar — were the first to be released from ISA detention on 5 April
and were taken away in an Immigration Department vehicle (Pic by Raj Kumar, courtesy of theSun)

Let's be real

The ISA violates human rights. No matter what the rhetoric may be about national security and public order, no government should have the absolute power to detain someone without trial for an indefinite amount of time.


And while Najib has promised a review of the ISA, it has been made clear that abolishing it is not in his pack of cards. Worse, the new administration hasn't even committed to a specific time frame about when this review will be concluded. Instead, it has assured the public that it will take time.


This begs the question about the government's sincerity in respecting civil liberties and putting people first. Proposals for amending and/or abolishing the ISA have, on countless occasions, been submitted to the government. Even if the government cannot trust human rights groups to have the nation's best interests at heart, they can at least trust the Malaysian Human Rights Commission (Suhakam).


Syed Hamid Albar Since 2003, Suhakam has been proposing to the government that the ISA should be abolished. Indeed, then Home Minister Datuk Seri Syed Hamid Albar indicated on 8 April 2009 that Suhakam's report may be used as a basis for the government's review. Hence, since the government wouldn't need to start from scratch, it should be able to commit to a time frame of when it will complete its review of the ISA. This, in fact, would be in line with part of Najib's slogan, "Performance Now".


Najib has also said that his move to release the 13 detainees was to demonstrate a caring government that was not repressive. Let's get real. To begin with, no "caring government" should detain people without trial. But the Malaysian government has, repeatedly, in clear abuse of human rights. And Najib was very much a part of both the Mahathir and Abdullah administrations when ISA detentions were executed. Unlike Datuk Zaid Ibrahim, who resigned in opposition to the ISA, Najib has through his years in government done nothing to oppose the detentions.


And yet the new premier is now asking us to view him as a leader with heart because he released 13 people. How about the remaining 27 detainees being held at the Kamunting detention centre? As it is, Najib has refused to comment about further releases. Surely his benevolence, if it were genuine, should extend to others who remain in detention, too?


Mmm, brownies Brownie points


No, Najib shouldn't be given brownie points for releasing 13 ISA detainees who shouldn't have been detained in the first place.


But brownie points are exactly what Najib expects, as evidenced by his statements surrounding his first act as prime minister. The subtext to Najib's message to the rakyat is: "I'm a good guy. I released the 13 detainees." It's no different from what an ex-boyfriend of a former classmate of mine once said to her: "You're lucky you're in a relationship with me. I don't beat you."


Apparently, Malaysians should be thankful we have Najib as our new prime minister because he has released 13 ISA detainees and is looking at reviewing, instead of abolishing, the colonial relic from the days of Malaya's Emergency.


But really, Najib should only be allowed to score brownie points if he didn't make this about him. Those detainees, and the ones remaining at Kamunting, deserve to be released, not because Najib is competing with Santa Claus for popularity, but because it was wrong to have detained them in the first place.


Now, if only Najib could say that, and act fully in accordance with that principle, he would deserve the brownie points he seeks from the rakyat.


"Help, I'm slipping" (Pic by takatuka / sxc.hu)


What next?


What will Najib do in the months and years to come? There is no guarantee that he will not follow in the same footpaths as Mahathir and Abdullah by arresting and detaining others under the ISA.


For so long as the ISA is in place, Malaysians will have to live in the constant fear that anyone of us can be picked up by the government at a whim. That's what happened on 12 Sept 2008 to Teresa Kok, Raja Petra Kamarudin and Tan Hoon Cheng. Indeed, our history bears testimony to the countless times the government has used the ISA to silence dissidents and maintain their grip on power in the name of "national security".

All ISA detainees must be released. And the ISA itself abolished.


Not because Najib is a sweetheart of a prime minister, as he would also want us all to believe by walking about Kuala Lumpur and talking about a "vibrant, free and informed media". But because it is the right thing to do if Najib's "goodness" is for real. And until that happens, Malaysians should remain critical and vigilant of our new prime minister.
http://www.thenutgr aph.com/najibs- ploy

Of Tear Gas and Police Station

Yesterday, Murnie and I went to Mentari at 12 and we got to teach the kids to do an English essay about their favourite things. One of the kids, Hajar seemed to show a silent protest when she was asked to complete the assignment. She kept saying that she didn’t like English language and that was the reason she couldn’t complete her assignment. I could see that she got a little bit frustrated as she didn’t have the motivation to do the essay in English. It wasn’t like she purposely gave excuses not to do her assignment, it was more of frustration that English seemed to be a difficult subject for her. I understand her frustration. She is a good student, she is good at math and science. It’s a shame that her frustration would eventually leave her behind. As Murnie and I had to leave early, I think we need to talk to her one on one some other time.

Murnie asked me to come along to join the anti-PPSMI gathering at the National Mosque. As we arrived, we could see the FRU personnel was firing water cannon and tear gas at the crowd. As far as I’m concerned, this gathering was with permit, even though I strongly believe that the requirement for permit is in contradiction with article 10 of the Federal Constitution.

We then proceeded to the mosque compound, we could see a line-up of trucks in front of the mosque, waiting to fire tear gas and water canon at the crowd, mind you, this was happening within the mosque compound. I remember running together with Murnie and Syafiq for refuge. Seriously, the Police had gone bonkers. I didn’t see any justification for their actions. Now I know what it feels like being under siege. The image of the Palestinians running for their lives kept popping inside my head. For God’s sake, this is what we have to endure in our own so-called democratic country. The right to peaceful assembly is nothing but a mockery. For those who are still ignorant or choose to be ignorant as to the right to peaceful assembly, you can google “civil disobedience” by Gandhi and let your brain do some thinking. Stop being neutral and not taking side, what is right will always be right.

After the whole appalling drama ended, Murnie and I headed back to Subang as we wanted to go hang out at Subang Parade. While waiting for the train, we were laughing in excitement over what happened today. Murnie told me this was the first demo she ever attended and it was quite an experience. I told her, if there were arrests made, she could actually experience going to the police station and representing those who got arrested. I told her maybe some other time she got to do that.

As our train was approaching, I got a call saying that there were five people got arrested and they were all at dang wangi police station. They needed lawyers to be there. Murnie and I went to the police station right away. She got so excited that she got to experience going to the police station to represent those people. She kept telling me “kak fad, saya tak penah buat reman, macam mana?”, I told her not to worry. As we got there, we straight away went inside and I saw the Investigating Officer.

“Can I see my clients now?”. He the said, “yes, yes, you can go see them”. As we got into the room, three police officers who were there with our clients asked “siapa bagi kebenaran masuk sini?”. “i.o bagi kebenaran, jadi apa masalahnya? kalau tak percaya boleh tanya sendiri.””tak..bukan tak percaya, sila sila jumpa client puan”.

Four of our clients got arrested when they were on their way back to the car park. I asked the i.o “under what section my clients are arrested”. And he said “ saya pun tak tahu..he jokingly said, saya tak blajar law habis puan”. I asked again “seriously what was the offence? Under what law you are arresting them?”. He said “saya tak tahu under section apa, jangan risau, saua ambil statement lepas itu mereka boleh balik”. I told him “you don’t even have a reasonable basis to arrest my clients?”. He just smiled and walked away.

Mockery no. 2-are there such things called criminal procedure code and federal constitution in Malaysia? From what the i.o told me, the answer is NO.
After two hours of waiting, my clients were released. I advised them to lodge a police report as to their unlawful detention.

Murnie did a wonderful job, when she went to see the i.o to ask for further details, the police asked her where she came from. She proudly said, “We are from the urgent arrest team”. The police then said “wah..there is such a team?”. She said “yes, of course”. I told Kak Lat the whole story and she said Murnie has done a soft launch of our new revived urgent arrest team under the legal aid. Can’t wait to officially launch this team. Those who are interested to be on the team, we will send you a proper invitation in due course. legal aid for all rakyat!