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Tuesday, June 9, 2009

Boyle, Fein charge Sri Lanka of Genocide in Chennai seminar

Francis Boyle, Professor of International Law at the University of Illinois College of Law, and Bruce Fein, a Washington D.C. Attorney, speaking at a seminar in Chennai organized by the International Tamil Center Monday, reiterated charges of Genocide against the Sri Lanka Government alleging massacre of more than 50,000 Tamil civilians, sources attending the event said. While Prof. Boyle urged India to file charges in International Court against Sri Lanka for violating Geneva conventions, and to stop Colombo "to cease and desist from all acts of genocide against Tamils," Fein stressed the urgent need for the Tamils to reach a "consensus on their political aspirations."

Full text of draft of Prof. Boyle's talk at the seminar follows:

THE RIGHTS OF THE TAMILS LIVING ON THE ISLAND OF SRI LANKA UNDER INTERNATIONAL LAW AND PRACTICE


Introduction

There are two basic points I want to make: First, the Tamils living on Sri Lanka have been the victims of genocide. Second, the Tamils living on Sri Lanka have the right to self-determination under international law and practice, including the right to establish their own independent state if they so desire. And the fact that the Tamils living on Sri Lanka have been victims of genocide only strengthens and reinforces their right to self-determination, including establishing their own independent State if that is their desire.

Genocide

Article I of the 1948 Genocide Convention requires all 140 states parties to immediately act in order “to prevent” the ongoing GOSL genocide against the Tamils. One of the most important steps the 140 contracting states parties to the Genocide Convention must take in order to fulfill their obligation under Article I is to sue Sri Lanka at the International Court of Justice in The Hague (the so-called World Court) for violating the 1948 Genocide Convention on the basis of Article IX thereto: “Disputes between the Contracting Parties relating to the interpretation, application or fulfillment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in Article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.”

Any one or more of the 140 states parties to the Genocide Convention (1) must immediately sue Sri Lanka at the International Court of Justice in The Hague; (2) must demand an Emergency Hearing by the World Court; and (3) must request an Order indicating provisional measures of protection against Sri Lanka to cease and desist from committing all acts of genocide against the 300,000 Tamils in Vanni. Such a World Court Order is the international equivalent to a domestic temporary restraining order and permanent injunction.

Once issued by the World Court, this Order would be immediately transmitted to the United Nations Security Council for enforcement under U.N. Charter article 94(2). So far the member states of the United Nations Security Council have failed and refused to act in order to do anything to stop the GOSL’s genocide against the Tamils (1) despite the fact that the situation in Vanni constitutes a “threat to the peace” that requires Security Council action under article 39 of the United Nations Charter and (2) despite the fact that they are all obligated “to prevent” Sri Lanka’s genocide against the Tamils under article I of the Genocide Convention. This World Court Order will put the matter on the Agenda of the Security Council and force the Security Council to take action in order “to prevent” the ongoing genocide against the Tamils by Sri Lanka.

Article II of the Genocide Convention defines the international crime of genocide in relevant part as follows:

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group such as:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

….

Certainly the Sinhala-Buddhist Sri Lanka and its legal predecessor Ceylon have committed genocide against the Hindu/Christian Tamils that actually started on or about 1948 and has continued apace until today and is now accelerating in Vanni in violation of Genocide Convention Articles II(a), (b), and (c).

For the past six decades, the Sinhala-Buddhist Ceylon/Sri Lanka has implemented a systematic and comprehensive military, political, and economic campaign with the intent to destroy in substantial part the different national, ethnical, racial, and religious group constituting the Hindu/Christian Tamils. This Sinhala-Buddhist Ceylon/Sri Lanka campaign has consisted of killing members of the Hindu/Christian Tamils in violation of Genocide Convention Article II(a). This Sinhala-Buddhist Ceylon/Sri Lanka campaign has also caused serious bodily and mental harm to the Hindu/Christian Tamils in violation of Genocide Convention Article II(b). This Sinhala-Buddhist Ceylon/Sri Lanka campaign has also deliberately inflicted on the Hindu/Christian Tamils conditions of life calculated to bring about their physical destruction in substantial part in violation of Article II(c) of the Genocide Convention.

Since 1983 the Sinhala-Buddhist Sri Lanka have exterminated approximately 100,000 Hindu/Christian Tamils. The Sinhala-Buddhist Sri Lanka have now added another 300,000 Hindu/Christian Tamils in Vanni to their genocidal death list. Humanity needs one state party to the Genocide Convention to fulfill its obligation under article I thereof to immediately sue Sri Lanka at the World Court in order to save the 300,000 Tamils in Vanni from further extermination. Time is of the essence!

Self-determination

This gets into the second point that I want to make concerning the Tamils as a group of people living on the Island of Sri Lanka – their right to self-determination under international law and practice. And here I wanted to quote from an international treaty to which the government of Sri Lanka is a party, thus explicitly recognizing that the Tamils living on the Island of Sri Lanka have a right of self-determination. This is from the International Covenant on Civil and Political Rights, to which the government of Sri Lanka is a party. They are bound by their own treaty, which says quite clearly in Article One: “All peoples have the right of self-determination.”

And clearly, the Tamils living on the Island of Sri Lanka are a “people.” The Tamils on Sri Lanka have a separate language, race, ethnicity, and religions, from the GOSL. The Tamils see themselves as a separate group of “people” and they are perceived to be such by the GOSL. For that precise reason the GOSL has attempted to exterminate the Tamils and ethnically cleanse their Homeland. So no better proof is needed than that. Both the objective criteria and the subjective criteria for establishing a “people” with a right of self-determination under international law and practice have been fulfilled by the Tamils living on Sri Lanka.

Let me continue enumerating a few more of the most basic self-determination rights of the Tamils living on Sri Lanka under international law that are recognized by this International Covenant that the GOSL is a party to: “By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” Those are rights that the Tamils living on Sri Lanka have today even as recognized by the government of Sri Lanka. Those are group rights and not just individual rights. And those are group rights that must be protected because the government of Sri Lanka has attacked the Tamils as a group, not just as individuals. So, since Tamils have been victims as a group, they must be protected as a group. And one of the most basic rights of all that the Tamils have to protect themselves is this right of self-determination including determining their political status and pursuing their own economic, social and cultural development, as well as the establishment of an independent state of their own if that is what the Tamils decide is required for them to accomplish these objectives.

Another component of this right of self-determination for the Tamils living on Sri Lanka is set forth in paragraph (2) of this Article One of the International Covenant on Civil and Political Rights, to which the government of Sri Lanka is a party. Notice here I am only using the treaties the GOSL itself is a party to, including the Genocide Convention. I am not citing any principles of international law that the GOSL has not already recognized and indeed violated grievously with respect to the Tamils living on Sri Lanka: “All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law. In no case may the people be deprived of its own means of subsistence.”

Yet we all know for a fact that the GOSL has done everything humanly possible to deprive the Tamil people of their own means of subsistence to a level that now constitutes genocide, in violation of that provision I quoted before from the Genocide Convention prohibiting inflicting on a group conditions of life calculated to bring about their physical destruction in whole or in part. Notice these economic and political rights are related to each other. Both elements of the right to self-determination must protect the Tamils since they have been victims of genocide. We must protect their political rights as well as their economic rights, to freely dispose of their natural wealth and resources. The Tamil people, not the GOSL, must control their traditional Homeland in the North and the East of the Island, their farms, their mines, their plantations, their forests, their waters, their beaches etc. This is critical. Yet today we know that the GOSL is currently in the process of stealing, destroying and negating all these economic and political rights of the Tamils in their traditional Homeland in the North and the East of the Island of Sri Lanka. The GOSL is currently inflicting ethnic cleansing on the Tamils living there.

I have already established that the Tamil people living on Sri Lanka have a right of self-determination, even in accordance with the GOSL’s own treaties themselves. What are some of the other political consequences of their right of self-determination? These are set forth in what is known as the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations (1971). The government of Sri Lanka approved this Declaration in the United Nations General Assembly -- so I am not quoting here any provision of law that the GOSL has not already approved. And from the Declaration let me state what are the political alternatives that are open to the Tamil people, and they are set forth as follows: “[1] The establishment of a sovereign and independent State, [2] the free association or integration with an independent State, or [3] the emergence into any other political status freely determined by a people constitute the modes of implementing the right of self-determination by that people.”

So again, it is not for the GOSL to determine what might be the ultimate political outcome here. It is for the Tamil people living on Sri Lanka to determine which of those three options they desire. I also want to make it clear that it is not for me to tell the Tamils on Sri Lanka which of these three options they should choose. Moreover, it is not for the Tamils of India to tell the Tamils on Sri Lanka which of these three options they should choose. This is for them to decide pursuant to their right of self-determination under international law and practice.

However I do want to note that historically the only way a people that has been subjected to genocide like the Tamils on Sri Lanka have been able to protect themselves from further extermination has been the creation of an independent state of their own. Indeed as the world saw for the last several months the government of Sri Lanka wantonly, openly, shamelessly, and gratuitously exterminated over 50,000 Tamils in Vanni; yet not one state in the entire world rose to protect them or defend them or help them as required by Article I of the 1948 Genocide Convention. Hence the need for the Tamils on Sri Lanka to have their own independent state in order to protect themselves from further annihilation by the GOSL. International law and practice establish that an independent state of their own is the only effective remedy as well as the only appropriate reparation for a people who have been the victims of genocide.

Now the Indian government has basically argued that if it were to recognize the right of the Tamils on Sri Lanka to self-determination and an independent state of their own, then the 60 million Tamils in Tamil Nadu would also assert that same right and proceed to secede from India. I submit this is a false dichotomy under international law and practice. It must not be used as an excuse for inaction by the government of India when it comes to protecting the Tamils living on Sri Lanka.

In this regard, let me return to the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States that was approved by both India and Sri Lanka and sets forth rules of customary international law interpreting the terms of the United Nations Charter itself as determined by the International Court of Justice in the Nicaragua case (1986). In particular let me draw to your attention the following language: “Nothing in the foregoing paragraphs shall be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self-determination of peoples as described above and thus possessed of a government representing the whole people belonging to the territory without distinction as to race, creed or colour.”

This paragraph of the Declaration sets forth the rules of customary international law when it comes to the right of a people to secede from another state by means of exercising their right of self-determination. As you can see from the above language secession is permitted only when a government does not conduct itself “in compliance with the principle of equal rights and self-determination of peoples” and thus does not represent “the whole people belonging to the territory without distinction as to race, creed or colour.”

From its very foundation in 1948 the government of Ceylon/Sri Lanka has never conducted itself “in compliance with the principle of equal rights and self-determination of peoples” with respect to the Tamils. Furthermore, the government of Ceylon/Sri Lanka has never represented “the whole people belonging to the territory without distinction as to race, creed or colour” with respect to the Tamils. In fact the government of Ceylon/Sri Lanka has always discriminated against and persecuted the Tamils on grounds of race, creed, colour, and language. This endemic pattern of criminal behavior by the Sinhala has now culminated in wholesale acts of genocide against the Tamils being inflicted by the government of Sri Lanka. So of course the Tamils have the right to secede from Sri Lanka under international law and practice and especially under the terms of this Declaration.

Conversely, the government of India does conduct itself “in compliance with the principle of equal rights and self-determination of peoples” with respect to the Tamils in Tamil Nadu and is thus “possessed of a government representing the whole people belonging to the territory without distinction as to race, creed or colour.” India just had elections where the Tamils in Tamil Nadu participated on a basis of full equality with everyone else. The Tamils in India have full legal equality with all other peoples in India and indeed have their own state here in Tamil Nadu. Therefore in my opinion, the 60 million Tamils in Tamil Nadu do not have a right of secession under international law and practice according to this Declaration, which sets forth the basic rules of customary international law on this subject.

Conversely, however, the Tamils living on Sri Lanka do have a right of secession under international law and practice including this Declaration for which both India and Sri Lanka voted. So with all due respect to the position of the Indian government, it is a false dichotomy for it to assert that recognition of the right of self-determination with an independent state of their own for the Tamils living on Sri Lanka would lead to the same for the Tamils in Tamil Nadu. There is no basis in international law for this conclusion. Indeed, basic principles of international law including this Declaration would fully support the territorial integrity of India in the event the government of India were to recognize the right of the Tamils living on the Island of Sri Lanka to self-determination including an independent state of their own.

Conclusion

Be that as it may, even if out of an excess of caution the government of India is not prepared to go that far at this time, nevertheless at a minimum, since it is the original homeland for the Tamils, the government of India has the right, the obligation, and the standing under international law and practice to act as parens patriae for the Tamils living on Sri Lanka. Therefore, India must immediately sue the GOSL for genocide at the International Court of Justice in The Hague, demand an Emergency Hearing of the Court, and request that the World Court issue a Temporary Restraining Order against the GOSL to cease and desist from committing all acts of genocide against the Tamils living on Sri Lanka. The ghosts of Dachau, Auschwitz, Cambodia, Sabra and Shatilla, Srebrenica, Rwanda, Kosovo, and now Vanni demand no less!

Several die in Thai mosque attack - Al Jazeera

At least 10 people were killed in the mosque attack in Narathiwat province on Monday [AFP]

At least 10 people have been killed and 19 injured after armed men opened fire on a mosque in southern Thailand.

Men armed with assault rifles entered the mosque in the Cho-ai-rong district of Narathiwat province during evening prayers on Monday and opened fire, the army and police said.

"They opened fire indiscriminately at about 50 worshippers inside the mosque," a police official said on condition of anonymity. The dead included the local imam, he said.

The attack in the Muslim-majority south comes amid a recent spike in violence in a five-year insurgency that has left at least 3,700 people dead.

Police have said at least five gunmen carried out the attack, one of the deadliest single incidents since the insurgency began in 2004.

'Unknown assailants'

Thailand's troubled south


Muslims make up more than 90 per cent of the two million people in southern provinces of Yala, Pattani, Narathiwat and Songkhla.

Many complain of being treated as second-class citizens in mainly Buddhist Thailand.

The area was a semi-autonomous Islamic Malay sultanate until annexed by Thailand in 1902.

Several violent uprisings have been put down by the army over the century.

The latest uprising flared in January 2004 when fighters raided an army base, killing four soldiers.

Despite martial law imposed in 2004 and thousands of Thai troops in the region, frequent attacks blamed on Muslim fighters have left more than 3,700 people dead.

In March 2009, the government said 4,000 soldiers would be deployed to southern Thailand, supplementing more than 60,000 already stationed there.

Most of the violence in Thailand's south has been blamed by authorities on Muslim armed separatist groups.

The identities of those who attacked the mosque on Monday were not known, Colonel Parinya Chaidilok, a Thai military spokesman, said but he added that they had tried to make it look as if Thai security forces were responsible.

"They are trying to make it look like the attackers are the authorities, because Muslims would apparently not shoot inside a mosque. But it is impossible that it is the work of the military," he said.

Chaidilok said the local hospital was short of blood following a series of attacks in recent days and that military trucks with loudspeakers were urging residents to
donate.

"We are calling on all Thais, Buddhist and Muslim alike, to donate your blood for humanitarian reasons because the hospital is now suffering from an acute lack of various groups of blood," the announcements said.

Very rarely does any group claim responsibility for attacks in the area, and the identity and precise goals of the fighters have never been publicly declared.

Earlier on Monday in the same province, nine soldiers were wounded when the truck in which they were travelling was ambushed, the state-run Thai News Agency reported.

The agency said a remote-controlled roadside bomb destroyed the vehicle, and attackers then opened fire on the solders before fleeing.

Last week, two teachers, one eight months pregnant, were killed in Narathiwat province in an attack blamed on separatist fighters.

The attacks on Monday come as Abhisit Vejjajiva, the Thai prime minister held talks with Najib Razak, his Malaysian counterpart, on efforts to halt the insurgency in southern Thailand.

Government efforts

A roadside bomb was detonated in the same province, wounding nine soldiers [Reuters]
The two discussed measures to bring economic progress to the south, including Malaysia's role of providing scholarships for Thai Muslim students and promoting the development of the education system in Thai provinces bordering northern Malaysia.

"In terms of creating opportunities particularly for young people in the area, I think that Malaysia has very important contributions," Abhisit told reporters after the meeting with Najib in the Malaysian capital, Kuala Lumpur.

In April the Thai government announced it was extending emergency rule for another three months in the region, despite a promise by Abhisit in January to cancel the measure.

A month earlier Abhisit announced that 4,000 more soldiers and other security personnel would be deployed to the region, supplementing more than 60,000, including local part-time forces, already stationed there.

Mustafa: Cease all talks on unity gov't - Malaysiakini

PAS elections director Mustafa Ali today urged all party leaders to stop issuing “confusing” statements on the purported unity talks with Umno.

pas mustafa ali pc 090609 02He said Pakatan Rakyat leaders too should stop harping on the issue to prevent "negative impressions" being formed.

Mustafa explained that the idea of cooperation with Umno was proposed and taken up by the central committee some time ago but did not lead to anything concrete.

“The president ‘bounced’ the idea around but the members did not agree. The issue was never discussed and a decision was not reached on the matter,” he told a press conference this morning at the PAS headquarters in Kuala Lumpur.

From the expressions of the central committee members, he said, it was apparent that they did not agree with the idea and therefore the party felt there was no need for further discussion.

“This is not sweeping (the issue) under the carpet, the issue never occurred. A decision was never made at the meeting. The (unity) talks are not relevant at this point of time," he said.

“We are with the Pakatan Rakyat and our duty now is to bury Umno in (the) Manik Urai (by-election in Kelantan).”

He further hoped that the ‘unity government’ issue will not arise until the next general election.

“After the next general election, we will be in power, then Umno will come looking for us,” he quipped.

Mustafa described the term ‘cooperation’ as misleading because PAS will not enter into a political cooperation with rivals Umno.

“We can have engagement with any party … MIC, MCA, Umno. (In fact) I see these leaders every day, I talk to them. I even bump into them at the airport. But I only talk with them, it is not negotiating with them.”

Cause of contention

Debate on the ‘unity government’ had dominated the party’s 55th muktamar (general assembly) held last week.

Party president Abdul Hadi Awang and his deputy Nasharuddin Mat Isa had used the meeting as a platform to promote the idea.

nik aziz and pasHowever, several senior PAS leaders, including spiritual adviser Nik Abdul Aziz Nik Mat and former vice-president Husam Musa, rejected the plan outright.

Apart from causing concern among PAS members, the matter has also prompted questions from leaders of Pakatan component parties including DAP secretary-general Lim Guan Eng.

Mustafa conceded that the issue has led to confusion among Pakatan colleagues.

“During the talks that Hadi, Anwar (Ibrahim) and Haron Din (PAS deputy spiritual leader) had with Tok Guru Nik Aziz on the issue of unity government,…maybe it was assumed that this message was relayed to DAP, but it was not. It may be true that they are unaware of the issue,” he explained.

new america one malaysia khairy jamaluddin tony puah forum 040609 07Mustafa also commented on the reactions of Umno leaders, including Umno Youth head Khairy Jamaluddin (right) who wants the talks to continue.

“I don’t understand why they are so excited (about) PAS issues (when) PAS has rejected (Umno) so many times,” said Mustafa.

“I have no capacity to stop people from thinking about the issue. If the leadership is still keen on the issue, it is up to them.”

He added that preparations for the Manik Urai by-election are in place, but that the candidate will only be announced about a week before nomination day on July 6.

'Save Maika through a special vehicle company'

There seems to be a ray of hope for some 66,000 Maika Holdings shareholders if the government steps in and saves the RM160 million asset-based company, says former president of the Malaysian Associated Indian Chambers of Commerce & Industry (MAICCI) and shareholder, VKK Teagarajan.

Teagarajan is proposing that the government's takeover of Maika be done through a special vehicle company of Khazanah that would help the Indian community's economic future.

maika holdings berhadHe said that the MIC president S Samy Vellu's blame game hitting the front pages of the Tamil newspapers today is not going to help the Indian communities who have invested thousands in the company.

"Selling the Maika's RM160 million together with the insurance company, United Oriental Assurance and the land bank is an opportunity for the Government to help out through a special vehicle that was announced during last year's budget.

"It was reported that the government had set aside RM300 million to assist the Indian community.

"It is to my dismay and many others, I find the leaders of MIC who have worked so hard to setup Maika Holdings Bhd for the Indians are today proposing to sell its cash cow asset, United Oriental Assurance, the last financial institution belonging collectively to the Indian," Teagrajan added.

Paying back shareholders


Tamil newspapers have reported that Samy Vellu wants to sell UOA to pay back the shareholders but former deputy president S Subramaniam wants transparency in the sale and a higher price for the financial asset .

"Although their intentions are good and honourable, but I feel that a better solution would be to seek government assistance and to inject funds to revive Maika Holdings and benefit the 66,000 shareholders."

vkk teagarajanTeagarajan's (left) response seems to be is in line with the government's plans which were made during the tenure of former prime minister Abdullah Ahmad Badawi.

The budget had proposed specific ways and means to address to the socio-economic problems facing the Indians.

Following the budget proposals, it was reported that the EPU had allocated RM300mil for the betterment of the Indian community.

Teagarajan reiterated that Maika Holdings is not a "dead horse" as pointed out by Samy Vellu.

He said that, "It is in fact worth RM160 million in assets, combining the asset value of UOA Bhd and the balance of prime land from the sale of Tumbuk Estate estimated at around 125 acres".

Protecting community's largest asset

A prominent businessman, Teagarajan said the infusion of RM160milionl to revive and protect the Indian community's largest asset would be seen as a move in the right direction to win back the lost Indian voters.

In addition, he said the government should revamp Maika through due diligence and prudent management policies for a better rate of investments.

samy vellu maika holding 181106With this injection of new funds, the so called ‘poor' Indians who have a stake of RM50 million can be paid off and the rest maintained as share capital.

"There is a large pool of talented and top notch Indian management expertise available for the government to tap and lead Maika Holdings in the right direction towards economic prosperity.

"Through such government actions, the Indian community will be able to maintain the only financial institution in their possession."

He added that the allocation of 5 to 10 percent of government infrastructure projects such as highways, bridges, schools, hospitals allocated to the revamped Maika Holdings will be an economic boost to the company.

RM1 billion company proposed

He also said, "This injection of funds could be converted to a RM1billon company if prudently managed under Khazanah's supervision.

New shares can be allocated to low income group Indians to increase their investments to fulfil the government's economic aspiration to increase the economic pie of the Indian community from 1.1 percent to 3 percent in the near future."

Teagarajan also called upon other economic planners and strategists to make suggestions and viable plans that would benefit the Indian community.

Murugiah to sue Kayveas for defamation

KUALA LUMPUR, June 9 —In another twist to the People's Progressive Party (PPP) drama, Deputy Minister in the Prime Minister's Department senator Datuk T. Murugiah said he has instructed his lawyers to file a defamation suit against PPP president Datuk M. Kayveas.

Murugiah told a news conference today that Kayveas had alleged that he was playing money politics by paying RM74,000 to one of PPP's division chiefs.

"I have instructed my lawyers to file a defamation suit against him (Kayveas). His allegation has tarnished my reputation as a deputy minister in the Prime Minister's department.

"We will file this defamation suit next week. I have to clear my name," he said.

On the new PPP line-up under Kayveas, Murugiah, who is adamant that he is the rightful president of the embroiled party, said: "Let him have his new line-up.

"I will not say anything about it since Prime Minister Datuk Seri Najib Razak has decided to wait for the completion of the ROS's (Registrar of Societies) investigations. Right now, Kayveas is only the caretaker president.

"This is just like when a call for general election has been sounded. The prime minister at that time is only the caretaker prime minister. We must respect and give the ROS time to decide."

Murugiah requested the media to be more careful in their reporting and not to confuse the people who were already confused, especially PPP members. — Bernama

Kit Siang: Pakatan facing crisis of confidence

By Shannon Teoh - The Malaysian Insider

PETALING JAYA, June 9 — The rising tension due to the PAS’s unity proposal with Umno has shaken the fledgling Pakatan Rakyat (PR) alliance.

DAP parliamentary leader Lim Kit Siang today conceded that PR "is facing its first crisis of confidence" since its euphoric electoral gains on March 8 last year where it denied the ruling Barisan Nasional (BN) a two-thirds majority in Parliament by winning a record high 82 parliamentary seats and the government of five states.

Last weekend's PAS muktamar saw it reigniting the idea of a unity government with Umno and calling for the banning of Sisters In Islam (SIS), a feminist non-governmental organisation.

These proposals, especially the idea of cooperating with their hated foes, have resulted in friendly fire being aimed at the Islamist party.

"This is a test of the wisdom and capability of DAP, PKR and PAS leaders to measure up to the expectations of the people as expressed in the March general election last year to advance the cause of Pakatan Rakyat," Lim warned ahead of a PR leadership meeting scheduled for next week.

The Ipoh Timur MP wrote in his blog that he considered PAS president Datuk Seri Abdul Hadi Awang's policy speech themed "Islam leading change" at the general assembly "a great challenge to become a national party capable of representing the rights and interests of all citizens."

However, he said that speeches and resolutions focusing on Umno-PAS unity talks and the call for the ban of SIS "have however an opposite effect, creating a crisis of confidence in the Pakatan Rakyat among members, supporters and well-wishers."

The DAP stalwart also noted that Umno Youth chief Khairy Jamaluddin and other Umno leaders have been quick to "press home the advantage of using the Umno-PAS unity talks to split and undermine public confidence in Pakatan Rakyat."

While PR partners and supporters such as Datuk Zaid Ibrahim have chided PAS and in particular Hadi, PAS, on its part, appears to be slowly backtracking.

On Astro Awani last night, Khairy openly courted PAS to consider reinitiating talks but central committee member Mujahid Yusof Rawa, a last-minute replacement for pro-unity deputy president Nasharudin Mat Isa, declined his invitation.

Government efforts to put RPK back behind bars hits a brick wall

By Debra Chong - The Malaysian Insider

PUTRAJAYA, June 9 – The government's efforts to put Raja Petra Kamarudin back behind bars in Kamunting hit an obstacle today at the Federal Court.

The Federal Court here ruled in favour of the fugitive editor of the Malaysia Today news website who wanted a review of its earlier order to recall Justice Datuk Augustine Paul to hear the Home Minister's appeal against Raja Petra's November 2008 release from detention under the Internal Security Act (ISA).

The three-man panel of judges headed by Court of Appeal President Datuk Alauddin Mohd Sheriff noted that the earlier decision made by a two-man bench had failed to meet the necessary criteria under Section 74(1) of the Courts of Judicature Act for a panel of three judges minimum to hear the case.

“It is therefore our considered opinion that there was a quorum failure,” the judges said in a written judgment read aloud in court today by the deputy registrar to the apex court.

The Federal Court today also noted that the appeal by the Home Minister against Raja Petra had not properly started.

This means that the entire appeal case against Raja Petra “goes back to square one”, his lawyers told reporters.

Malik Imtiaz Sarwar said today's decision from the highly-ranked judges, which included the Chief Justice of Malaya Datuk Arifin Zakaria and Chief Justice of Borneo Richard Malanjum, were “much welcome” and signalled the judiciary's seriousness in tackling thorny issues of fundamental human rights.

A new date to hear the appeal proper will be fixed later by the Federal Court registrar as Raja Petra's lawyers want a bigger panel of five to seven judges to sit at the next round.

In early February, Federal Court judges Datuk Nik Hashim Nik Ab Rahman and Datuk Zulkefli Ahmad Makinuddin rejected Raja Petra's application to recuse Justice Paul.

Raja Petra, 58, was arrested under the ISA on Sept 12 last year and later sent to the Kamunting detention camp in Taiping, Perak.

He was freed two months later when Shah Alam High Court Judge Datuk Syed Ahmad Helmy Syed Ahmad granted him a writ of habeas corpus, ruling that the home minister's order to detain him was beyond the scope of Section 8 of the ISA.

Enter Islamism

By Shanon Shah
thenutgraph.com

A CORRUPT and lavish ruling elite. A police force with unlimited powers. An unpopular, despotic leader who uses the constitutional monarchy to subvert the democratic process. An increasingly angry population that rallies around a charismatic, religious opposition leader who espouses the ideals of democracy and justice.

Sounds like Malaysia? Well, it's not — this was Iran on the eve of the Islamic Revolution of 1979. Like present-day Malaysia, the twin headlines that danced hand-in-hand in pre-revolutionary Iran were increasing state repression and intensifying, Islam-inspired opposition.


Mass demonstration in Tehran on 2 December 1978 (Pic by XcepticZP / Wiki commons)

But will Malaysia go the way of Iran? In almost all societies that have faced rising fundamentalist Islamism, there is one common ingredient — an embattled, and increasingly repressive, "secular" regime.

When civil society groups finally overthrew the Shah of Iran, a new constitution was drafted. It guaranteed the fundamental liberties of all Iranians. The draft was revised by an assembly of experts which effectively turned Iran into a theocratic Islamic republic.

During the remainder of 1979, under Ayatollah Khomeini's instructions, the religious establishment carried out a series of executions. The first wave targeted remnants of the previous secular dictatorship — military officers, members of the Shah's court, and capitalists. The second wave aimed to "cleanse" the new Islamic republic of other "impurities" — sex workers, adulterers and homosexuals. The last phase of executions was targeted at crippling the Islamic-socialist Mojahedin-e Khalq.

Perhaps it sounds far-fetched that this could also happen in Malaysia. Malaysia is indeed undergoing a huge political shift — some call it a crisis, some call it democratisation. But perhaps our multiracial and multireligious population will prevent us from descending into religiously inspired tyranny.

The headlines speak otherwise, however. From fatwas banning tomboys and yoga, to the banning of the use of "Allah" in Malay-language Christian publications, a particular discourse on Islam is being shaped in Malaysia.

Repressive secularism

In Algeria, the post-colonial ruling elite cultivated a system of political and economic patronage that excluded large numbers of citizens from a share of the state's wealth. Citizens were forced to develop their own systems of economic independence, and lived in crowded, unplanned, and underprivileged housing areas.


FIS logo (Source: fisweb.org / Wiki
commons)
Due to the lack of space, and the desire for a sense of cultural and religious continuity, young people started hanging out at mosques, where leaders and supporters of the Islamic Salvation Front (FIS) gathered as well. The state tried its best to open up political participation, but it was too late. In 1991, when the general elections were held, it was almost certain that the FIS would win a two-thirds majority and turn Algeria into an Islamic state. The military then cancelled the elections, and this triggered a bloody civil war.

A similar pattern of economic and political marginalisation is also observed in Egypt. In fact, a major cause of discontent among the youth there is graduate unemployment. The problem of overcrowded dwellings in unplanned housing areas is also prevalent. And like the FIS in Algeria, this is how the Muslim Brotherhood has amassed popular support in Egypt.

The Egyptian state, though repressive towards the Islamists, has not employed the same tactics as Algeria. Rather, the Egyptian state, which is supposed to be secular, uses the offices of the Grand Mufti and Sheikh of Al Azhar to manipulate discourse on Islam.


Ali Gomaa, the Grand Mufti of Egypt
(Public domain; source: Wiki commons)
Egypt's official censors also rigorously monitor films, television programmes, and publications in much the same way the Malaysian censors do.

Perhaps Malaysia is slightly more complex. The revolt against the Barisan Nasional (BN) government manifested itself quite clearly through a democratic process in March 2008. Clearly, the notionally secular, Umno-led BN has itself manipulated the discourse on Islam to justify its excesses and repressive policies. And also, the gains made by the pre-Pakatan Rakyat (PR) opposition at the ballot box came from the support of Malaysians of all races.

But the PR parties themselves, if not the rest of Malaysia, are struggling to find sustainable, common ground in search of authentic democracy. Every which way they turn, they inevitably hit the looming wall of the Islamic state, as demonstrated during the 55th PAS muktamar from 5 to 7 June 2009.

Besides, the PR has yet to effectively address PAS vice-president Datuk Husam Musa's Freudian slip on hudud in January 2009. The PR has also not publicly addressed Parti Keadilan Rakyat (PKR) Member of Parliament Zulkifli Noordin's public announcements about Islam.

Non-Islamist members and supporters of the PR are also now reluctant to bring up these issues, perhaps because the BN is pulling out all its knives to rip the PR apart. And to make matters even more complicated, in the middle of all this, PAS and Umno are still flirting with each other very, very openly.

So how different is Malaysia from these other "Islamic" regimes? Perhaps now it would be instructive to look at the remaining ingredients — other than a repressive state — that catalysed the rise of Islamism in countries like Algeria, Iran and Egypt.

Torn fabric

Firstly, there were serious ruptures in the social and economic fabric in Algeria, Iran and Egypt, which led large sectors of the population in search of money and, more importantly, identity.

Since the 1970s, Malaysia has experienced phenomenal urbanisation and industrialisation. This has destabilised cultural and economic connections between, especially, Malay Malaysians in the rural areas and their urban counterparts.

Thus, a longing for cultural authenticity in the 1970s led to the appropriation of dakwah (Islamic outreach) as a unifying force among Malay Malaysian youth. This is the movement that gave rise to numerous Islamic NGOs, intellectuals, and artists, and this is what eventually gave the Malaysian bureaucracy its Islamic sheen.


Secondly, in countries like Algeria, Egypt and Iran, frustrated masses rallied around charismatic leaders to oppose unpopular dictators. In Egypt, the iron-fisted secular nationalist President Gamal Abdel Nasser found formidable opposition in Sayyid Qutb. In Algeria, the weak President Chadli Bendjedid proved no match for the FIS's charismatic preachers in the overcrowded urban quarters. And in Iran, even audio cassette recordings of Khomeini's speeches while he was still in exile were enough to mobilise the masses to rise up against the despotic Shah.


(Top) Gamal Abdel Nasser (Public
domain)
; Chadli Bendjedid (Source:
Wiki commons)
In Malaysia, both former Prime Minister Tun Abdullah Ahmad Badawi and current Prime Minister Datuk Seri Najib Razak seriously lack the charisma of Datuk Seri Anwar Ibrahim, Datuk Nik Abdul Aziz Nik Mat, and numerous other Islamist leaders from the PR. Even a charismatic authoritarian like Tun Dr Mahathir Mohamad was shaken when Anwar's Islamist supporters were activated during reformasi in 1998.

The third ingredient that oppositional Islamists share across the board is a desire to impose transparent, accountable governance. But "governance" for Islamists also includes rigorous moral policing and, in particular, restrictions on freedom of religion and sexuality. This is especially true of Iran, but also at the local level of government in Egypt and Algeria.

Thus, while Islamists have a proven track record in stamping out corruption and abuse of political power, they have also applied harsh, even violent standards against women, sexual minorities, religious minorities, and dissenting Muslims. For example, Iran's execution of gays, lesbians, and adulterers is now legendary.

Not a Muslim problem

The rise and politicisation of religious fundamentalism is by no means a Muslim monopoly. After all, the Christian Right's successful maneuvering to get George W Bush into the White House in 2000 is another example of how religious fundamentalists have subverted democracy. Another example is the Hindutva-backed Bharatiya Janata Party's success in wresting federal government away from India's Congress Party in 1998.

And certainly, there have been examples where Muslim-led governments have administered Muslim-majority countries in less repressive ways. For example, former Indonesian President Abdurrahman Wahid (Gus Dur)'s administration, and incumbent Turkish Prime Minister Recep Tayyip Erdogan's mildly Islamist and hugely popular administration of avowedly secular Turkey.

The downer is that both Gus Dur and Erdogan inherited governments that have a history of being overthrown via military coups. Furthermore, Gus Dur, perhaps the first democratically elected ulama-cum-intellectual president of a secular state, was impeached by the People's Consultative Assembly for alleged corruption in 2001. Erdogan's party was nearly banned by the Turkish Constitutional Court in 2008 for allegedly anti-secular activities.

And so the question now is: can Malaysians get rid of the current repressive regime without substituting it with an Islamist one that is just as repressive — if not more so?

Kenyataan Presiden Berhubung Negara Perpaduan

8hb Jun 2009

Saya bagi pihak Parti Keadilan Rakyat (KEADILAN) merakamkan ucapan tahniah kepada Parti Islam SeMalaysia (PAS) kerana berjaya melangsungkan muktamar tahunan kali yang ke-55 di Shah Alam baru-baru ini. Syabas juga saya ucapkan kepada barisan pimpinan PAS yang baru sahaja terpilih di dalam muktamar tersebut.

Muktamar PAS tahun ini menyaksikan isu kerajaan perpaduan menjadi perhatian umum. Pelbagai spekulasi dan andaian telah dibuat oleh pihak-pihak tertentu berikutan dari ucapan dasar Presiden PAS.

KEADILAN berpendirian adalah sebaiknya untuk kami menunggu penjelasan dari pimpinan PAS berhubung isu kerajaan perpaduan mahupun sebarang bentuk perbincangan dengan Umno.

Sungguhpun begitu, kami tidak menghalang mahupun mempertikaikan hasrat mana-mana pihak untuk berbincang isu-isu yang membabitkan kepentingan nasional.

Saya mengambil kesempatan ini untuk mengulangi komitmen KEADILAN untuk memastikan Pakatan Rakyat sentiasa berada di dalam keadaan kuat dan utuh. Kami yakin rakan-rakan kami, PAS dan DAP juga mempunyai iltizam yang sama demi memastikan agenda perubahan terlaksana di Malaysia.

WAN AZIZAH WAN ISMAIL
Presiden
Parti Keadilan Rakyat

OIC Looks Forward To U.S. Role As Honest Broker In Middle East

By Salbiah Said

KUALA LUMPUR, June 9 (Bernama) -- The Organisation of the Islamic Conference (OIC) looks forward to the United States' role as an honest broker in the Middle East peace process, under the stewardship of US President Barack Obama, said OIC secretary-general Prof Ekmeleddin Ihsanoglu.

He said Obama's address at Cairo University last week reflected the US desire to open a new page with the Muslim world, and signalled a more balanced approach on the part of the US Administration towards resolving the crisis, particularly the conflict between the Israelis and the Palestinians.

Of significance, he said, was the fact that Obama, who has made Middle East peace a key foreign policy priority, vowed that the United States "would not turn its back on the legitimate Palestinian aspiration for dignity, opportunity and a state of their own".

"We look forward to (having) honest brokers, which have been missing, in this peace process. We hope the United States can serve that role," Ihsanoglu told Bernama last Saturday after being conferred the "Panglima Setia Mahkota" award, which carries the title "Tan Sri", by the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin in conjunction with His Majesty's birthday.

At the end of the ceremony, Ihsanoglu, of Turkey, expressed his deep gratitude to the King and thanked the Malaysian government and people for the significance of the award. It is the first time an OIC secretary-general has received such a title.

"The conferment of this title, awarded on a recommendation by the Prime Minister of Malaysia, is a recognition of the Secretary-General's services and contribution to Malaysia as well as his outstanding leadership of the OIC to preserve Islamic social and economic values and promote Islamic solidarity among the OIC Member States," an OIC statement said.

Meanwhile, the OIC secretary-general, who was present during Obama's Cairo address, said the speech touched on some of the points he had raised in an open letter to Obama, published in the New York Times and International Herald Tribune on Jan 20.

"In my letter, I had said we wanted to have a new partnership with the United States, built on two principles. Firstly, mutual respect, secondly, mutual interest. If we build the partnership on these two premises, I think the relationship will be balanced and serve the interest of both sides," Ihsanoglu said.

Ihsanoglu, who was happy with the fact that Obama highlighted the OIC in his speech, said that member nations of the grouping would now be looking to how Washington would follow up on "this declaration of goodwill" with its policies and action.

On Obama's announcement of a new global effort with the OIC to eradicate polio, the secretary-general said he looked forward to cooperating with the US Administration on this "crucial endeavour, which is of utmost priority to the OIC".

On the president's decision to expand partnerships to promote child and maternal health, he stated the OIC's readiness to take all necessary steps based on the Memorandum of Understanding which was signed in this specific field between the OIC General Secretariat and the US State Department in December 2008.

On his assessment of the OIC after 40 years in existence, he said he was glad to speak of the organisation in Malaysia, where the nation's first prime minister, Tunku Abdul Rahman, was the first OIC secretary-general and founder.

"It has been quite a history, and the OIC has developed in a big way, the second-largest after the United Nations. There is a long queue of countries wanting to be members or observers. We are considering that positively."

The OIC, which celebrates its 40th anniversary this year, has been engaged for the last few years in seeking solutions conducive to the establishment of peace in Muslim countries, he said.

The 57-nation Jeddah-based OIC represents 1.5 billion Muslims worldwide. Malaysia was the chair of this organisation between 2003 and 2007.

"The OIC has been active internationally and is quite different from before. We are working on the same basis and aspirations of Tunku Abdul Rahman, with the objective of placing the Muslim ummah under one umbrella, but with a new language, new spirit and modus operandi."

On criticisms levelled against the body for its passive reactions to major events regarding Muslim countries, Ihsanoglu, who has been holding the post since 2005, said the OIC had changed very much, and cited its successful efforts in curtailing sectarian violence in Iraq and stopping bloodshed.

Other efforts include its humanitarian assistance to Somalia and Tunisia and earthquake victims in Pakistan, he said, adding that it had been engaging with minorities, like Muslims in Mindanao and Pattani in Thailand.

At the Council of Foreign Ministers meeting in Damascus last month, council members proposed that the OIC should be given more power to resolve conflicts in Muslim countries.

The OIC has also included scientific and technological advancement as a priority of its agenda. One of the immediate efforts is to rank the best 20 universities in the OIC member countries and promote them to the rest of the world.

On OIC intra-trade, Ihsanoglu said the present global financial crisis had created additional incentives for trade among member nations, with some countries, which were facing difficulty exporting their goods elsewhere, now trading among themselves.

As targeted under the OIC's 10-year Programme of Action, which was accepted at the third extraordinary session of the Islamic Summit in Mecca in December 2005, he said, intra trade was expected to reach 20 per cent before 2015.

"We are now at 17 per cent, and have been moving very fast over the last three to four years. We are doing very well, holding exhibitions, fairs and economic forums in various parts of the world, to boost intra trade," he said.

Divers recover Air France jet tail - Malaysiakini

Divers found a large section of the plane's tail, but no more bodies were recovered on Monday [AFP]

Brazilian divers have found a large section of an Air France jet that crashed into the Atlantic last week, as France said it was sending a nuclear submarine to search for the aircraft's black boxes.

Both countries' armed forces are continuing to search for the remains of more than 200 people on board the craft when it disappeared amid heavy storms on its way from Rio to Paris.

Sixteen bodies were recovered from the Atlantic over the weekend and have been taken for identification by the Brazilian authorities.

The Brazilian military revised the number of bodies down from the 17 previously announced, due to a miscommunication between authorities.

The remains, along with parts of flight AF447, are expected to arrive on Fernando de Noronha, a Brazilian archipelago, on Tuesday.

Brazilian police forensic teams have been set up to identify the bodies using dental records and DNA from relatives.

Luiz Inacio Lula da Silva, Brazil's president, said on Monday that "everything was being done...so that we can find, if possible, all the bodies, because we know how much it means for a family to receive their lost loved one."

A French military spokesman said a nuclear attack submarine will arrive at the scene later this week and "will try to find the acoustic pings'' emitted by the black boxes.

A US Navy team is also flying to Brazil in an attempt to recover boxes using underwater listening devices.

Earlier, Al Jazeera's Gabriel Elizondo, quoting the Brazilian navy, said that search teams had found as many as 100 pieces of various types of debris.

"They seem to be making some serious progress in finding an area and starting to recover some bodies and debris," he said.

Forensic teams

Remains from wreckage, once inspected on Fernando de Noronha, will be flown to the mainland city of Recife for further analysis by French officials.

Investigators need the debris and the 'black box' to determine the cause of the crash [AFP]
The bodies will also be flown to Recife, where a mortuary has been set up to work on identifying the victims.

Relatives of those on board the airliner have already given DNA samples to help identify their loved ones.

The search for the Airbus A330-200's "black box" - the flight data recorder and cockpit voice recorder - is becoming more urgent as it will continue emitting a radio signal for only another three weeks.

After this period, the instruments will be almost impossible to locate in the deep ocean.

It has been confirmed that the aircraft broadcast a series of 24 automatic error messages as its systems shut down one-by-one in its final minutes on Monday.

French accident investigators said the cockpit instruments were receiving conflicting speed data at the time of the incident.

Air France said on Saturday that it had accelerated existing plans to replace airspeed-monitoring units in its jets.

‘Stop-Genocide’ candidate secures record result, but misses London seat

Ms. Jan Jananayagam, an independent candidate contesting the European Parliament elections in London, secured over 50,000 votes, an unprecedented result, and a record for an independent candidate in an EU election. Though Ms Jananayagam failed to secure a seat, her campaign team said they were delighted with the results. Despite having decided to contest only days before voter registration closed and four weeks before the polls, the Tamil candidate had amassed more votes than some well-established small parties in Britain, and more than twice all other independent candidates combined, they said. Apart from Tamil expatriates, her campaign, conducted by students and volunteers, had drawn support and donations from British voters and other minority communities.

Out of the eight London seats, the main opposition Conservative Party took three (and almost 480,000 votes) and the ruling Labour Party two (with almost 373,000 votes). One seat each went to the Liberal Democrats, the Green Party and the UK Independent Party.

The proportional representation system used to allocate MEP (Member of European Parliament) seats meant that in this election Ms. Jananayagam could have secured one with 100,000 votes, analysts felt.

Janani (Jan) Jananayagam, MEP candidate
Janani (Jan) Jananayagam, MEP candidate
Ms. Jananayagam, a Jaffna-born British citizen, had agreed to contest a few days before voter registration closed on May 19th. The UK polls were held on June 4.

“Unfortunately we were unable to get many Tamil voters registered in time. However, for four weeks of campaigning this is a great result,” a campaign leader told TamilNet Sunday.

"Also, we faced challenges in our door-to-door voter campaign as the attention of the Tamil community in London drawn to protests and to Colombo's slaughter of Tamils in Mullaiththeevu," he added.

The established parties had been campaigning for several months, sometimes years, using long-established campaign machines and with substantial budgets, he pointed out.

Candidates for the main parties, gathered with those of smaller parties and the independent candidates to hear the official announcement, expressed shock that an independent candidate could amass fifty thousand votes in London.

The next largest independent candidate was Steven Cheung, who campaigned mainly amongst London’s Chinese community and got a shade under five thousand votes.

Ms. Jananayagam had campaigned on a platform of getting the UK and EU to take action to stop genocide abroad and protect human rights and civil liberties, both at home and elsewhere. She is the UK representative for the pressure group Tamils Against Genocide (TAG).

Tamil activists said Jan’s election campaign had helped them reach out to other political forces and communities in Britain.

In the three weeks before the elections, students and volunteers campaigned door to door and also met with organisations and media from several other communities, including the Jewish, Kurdish and several Indian ones, they said.

“We were able to build strong networks with many British political groups and other communities in London, relationships that will strengthen our future advocacy work,” a student leader said.

The theme of ‘stopping genocide’ had struck a special cord with Jewish voters, some of whom also made welcome financial contributions towards the campaigns costs, he said.

Other minority communities had declared their support for Ms. Jananayagam and her campaign goals via their media, they said.

Ms. Jananayagam was not available for comment in the early hours of Monday, but a campaign representative spoke to reporters.

“Jan is grateful for the enthusiastic support extended by London’s Tamils, particularly at this crucial and difficult time for the Tamil people,” he said.

“She is especially grateful to the many, many volunteers who put so much time and energy into a campaign launched at the last minute and to everyone who spread the word through their social and professional networks.”

“She is also grateful to the many non-Tamil people who voted for her, recognizing that genocide is ongoing even in 2009, and the gap between international rhetoric and practice when it comes to human rights and civil liberties is alarmingly big. She will of course continue to campaign tirelessly on these fundamental issues.”

Statutory Declaration of ASP Hong Kin Hock (G/10990)


In 2007, six (6) police officers and two (2) underworld figures signed Statutory Declarations alleging that senior police officers right up to the IGP have links with the Chinese drugs, prostitution, illegal gambling and loan-shark syndicate based in Johor and which was expanding its operation throughout Malaysia. Another police officer made a police report alleging that his family was kidnapped by the ACA to force him to change his statement while the head of the CCD and his lawyer were arrested and charged for alleged criminal offenses for detaining underworld bosses under the Emergency Ordinance.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

AKUAN BERKANUN


Saya, Hong Kin Hock (G/10990) yang beralamat ……………………………………………………………………….. dengan ini sesungguhnya dan seikhlasnya berikrar dan menyatakan seperti berikut:-


1. Saya bekerja sebagai seorang pegawai polis berpangkat Assisten Superintenden Polis (ASP) di Cawangan Operasi/Bantuan Teknik Jabatan Siasatan Jenayah Komersial (JSJK), Kompleks Kerajaan, Bukit Perdana, Jalan Dato’ Onn 50502 Kuala Lumpur. Sebagai pegawai JSJK, saya menerima arahan dari pegawai atasan di JSJK. Saya membuat Akuan ini demi menjaga keselamatan peribadi dan integriti saya sebagai seorang pegawai polis berhubung tugasan dan siasatan yang saya lakukan dan arahan yang saya terima.


2. Pada 20/06/2006, saya menerima arahan daripada YDH Dato’ Pengarah JSJK melalui ACP Hamzah Md Som, KPP Operasi untuk mengumpul maklumat-maklumat mengenai kegiatan ceti haram di kawasan Johor dan Melaka, terutamanya yang melibatkan Sindiket Along “Tangkak Kia” yang dikatakan sangat aktif and mempunyai rangkaian di seluruh Malaysia. Saya telah menghantar 5 anggota detektif untuk membuat siasatan dan pengumpulan maklumat di Johor dan Melaka.


3. Pada 24/10/2006, susulan dari siasatan ini saya telah berjumpa dengan “Sumber“ yang mendedahkan beberapa maklumat mengenai kegiatan ceti haram di Tangkak, oleh penama yang dikenali sebagai Ah Kooi, Ah Seng, Ah Hang dan Tengku. Sumber dedahkan bahawa disamping terlibat kegiatan ceti haram, mereka juga terlibat dalam kegiatan haram lain seperti ekor haram, bookie bola dan bookie lumba kuda. Sindiket ini dikatakan sering menggunakan nama YDH Tan Sri KPN untuk melindungi aktiviti mereka tetapi tiada bukti jelas menunjukkan terdapatnya hubungan sedemikian.


4. Pada 20/01/2007, Sumber memberitahu saya bahawa seorang kawannya yang dikenali sebagai Richard adalah sangat rapat dengan YDH Tan Sri KPN dan banyak membantu kawan-kawan dalam pasukan polis untuk dinaikkan pangkat. Sumber meminta saya untuk memberi butir-butir peribada saya kepada Richard untuk disampaikan kepad YDH Tan Sri KPN. Saya tidak membantah dan memberi nombor polis, nama dan tempat tugas saya yang terkini.


5. Pada 24/03/2007 jam 1500 – 1600, dalam perjumpaan ini beliau memberitahu saya bahawa Ah Kooi dan Ah Sang (Melaka) telah bergaduh kerana masalah kewangan. Orang yang menjadi batu api adalah Tengku (Johor). Hal ini telah saya maklumkan kepada ACP Hamzah bin Md Som dan juga YDH Dato’ PJSJK. Pada masa yang sama Sumber juga memberitahu bahawa Richard memaklumkan bahawa nama saya telah diberikan kepada YDH Tan Sri KPN dan kemungkinan bila-bila masa Tan Sri akan memanggil saya.


6. Pada 23/04/2007 jam 2030 – 2100, saya diberitahu oleh Sumber bahawa pihak sindiket Tengku mengetahui Orang Tahanan (OT) Ong Yong Hoe telah disoal siasat oleh pegawai JSJK Bukit Aman dan mereka sedang menyiasat siapa pegawai tersebut dan tujuan soal siasat dijalankan. Saya tidak menafikan bahawa saya telah membuat soal siasat tersebut atas arahan YDH Dato’ PJSJK untuk mendapatkan maklumat-maklumat ceti haram. Sumber juga meminta saya supaya berhati-berhati kerana kemungkinan pihak Tengku akan menggunakan pengaruh mereka terhadap saya jika apa-apa berlaku.


7. Pada 22/05/2007 jam 1530, ketika sedang menjalankan serbuan bersabit “Ops. Tiong“ dikawasan Kondominium Heritage, Setapak, saya telah menerima panggilan telefon daripada Sumber bahawa Richard telah mengaturkan perjumpaan saya dengan YDH Tan Sri KPN pada jam 1700 bertempat dirumah Tan Sri, dan Sumber bersetuju untuk pergi bersama-sama saya dengan menaiki kereta saya.


8. Pada 22/05/2007 jam 1630–1730, semasa dalam perjalanan ke rumah Tan Sri di Jalan Gasing, Petaling Jaya, saya telah bertanya kepada Sumber tujuan Tan Sri hendak berjumpa dengan saya. Sumber beritahu bahaw Richard telah berikan butir-butir peribadi saya dan kemungkinan Tan Sri hendak berjumpa untuk “temuduga“. Bila ditanya apakah perlu saya beritahu jika Tan Sri bertanya mengenai hal di Skudai yang mungkin dalam pengetahuannya. Sumber cadang agar saya beritahu hal sebenar iaitu saya hanya menjalankan tugas atas arahan Pengarah JSJK dan tidak tahu hal-hal lain.


9. Pada 22/05/2007 jam 1915–1930, perjumpaan telah dibuat dengan Tan Sri KPN dengan kehadiran bersama Sumber. Antara perkara-perkara yang berbangkit adalah seperti berikut:-


Sebaik sahaja masuk ke rumah, Tan Sri KPN telah mempersilakan kami untuk duduk dan terus bertanya siapa saya dan tujuan saya berjumpa dengan beliau. Saya diam seketika dan terus melihat “Sumber“ dengan harapan beliau dapat menjelaskan tujuan sebenar perjumpaan ini. Sumber terus beritahu Tan Sri tentang nama Richard. Tanpa berfikir panjang, saya terus beritahu Tan Sri bahawa pada 17/04/2007 saya telah diarahkan oleh YDH Dato’ PJSJK untuk membuat satu rakaman percakapan risikan ke atas seorang lelaki Cina di IPD Skudai yang merupakan tahanan Emergency Ordinan (“EO“) oleh JSJ. Apabila ditanya, saya dedahkan nama OT tersebut adalah Ong Yang Hoe. Saya juga diberitahu bahawa selepas selesai rakaman percakapan ini, saya mendapat berita bahawa ada siasatan sedang dibuat oleh pihak tertentu ke atas saya atas sebab-sebab yang tidak saya ketahui. Kemudian YDH Tan Sri telah bertanyakan beberapa soalan seperti berikut:-


(a) Saya memberitahu bahawa pada 16/04/2007 selepas menerima arahan ini, saya telah maklumkan kepada DSP Mohd Salleh, PP Operasi tentang tujuan dan arahan Dato PJSJK. DSP Mohd Salleh, telah mengatur untuk saya berjumpa dengan Insp. D7 (nama tak ingat) di IPD Skudai. Saya tiba di IPD Skudai pada 17/04/2007 dan dengan kerjasama seorang anggota D7 IPD Skudai (nama tak ingat) saya telah berjaya berjumpa dengan OT Ong dan rakaman dijalankan di Bilik Mesyuarat IPD Skudai.


(b) Saya memberitahu bahwa saya tidak tahu dan saya telah diarahkan oleh Dato’ PJSJK untuk membuat rakaman risikan ke atas OT ini dengan tujuan mendapatkan maklumat mengenai ceti haram terutama yang melibatkan sindiket di Johor dan Melaka;


(c) Saya diberitahu bahawa saya telah bertanyakan OT Ong tentang penglibatannya dalam kegiatan ceti haram, tetapi OT Ong menafikan penglibatannya dalam kegiatan ceti haram kecuali penglibatan dalam ekor haram yang mana telah beliau berhenti sejak 2006. OT Ong juga berasa hairan kenapa kini beliau boleh ditangkap dan dituduh atas kesalahan EO. Pada masa yang sama OT Ong ada beritahu bahaw dia tahu ada kumpulan ceti haram dikenali sebagai “Tangkak Kia“ yang sangat aktif di Johor dan sangat ganas tetapi tiada maklumat-maklumat mengenai mereka;


(d) Saya memberitahu bahawa saya terpaksa merakam segala pendedahan haram yang dibuat oleh OT Ong memandangkan saya telah berada di Skudai dan “statement“ ini perlu disiapkan kerana ia menjadi tanggungjawab saya mendapatkan semua pendedahan yang hendak dibuat oleh OT Ong untuk dimajukan kepada YDH Dato’ PJSJK. Saya terus mencatatkan segala yang OT Ong hendak dedahkan kepada pihak polis. Seperti biasa saya ada menganjurkan beberapa soalan seperti siapa ketua sindiket ekor haram. OT Ong ada dedahkan bahawa dia bekerja dengan Heng Kiah (juga dikenali dengan panggilan Allen oleh orang lain). OT Ong juga ada dedahkan boss Heng Kiah adalah Tengku yang beliau tahu berasal dari Tangkak, tetapi tidak tahu samaada Tengku ada terlibat dalam kegiatan ceti haram.


(e) Pada masa ini saya dapati YDH Tan Sri berasa hairan dan beritahu bahawa semasa JSJ buat rakaman tidak pula OT Ong mendedahkan nama Tengku dan kini bila JSJK rakam OT Ong dedahkan pula nama Tengku. Tan Sri kemudian didapati membuat panggilan kepada seseorang dengan beliau panggil sebagai “Dato Khalid” dan bertanyakan mengenai pengetahuannya tentang pengawai JSJK yang telah diarahkan oleh Pengarah JSJK untuk membuat rakaman ke atas tahanan EO di Skudai yang bernama Ong Yong Hoe. Dalam nada yang tegasTan Sri juga telah mengarahkan “Dato’ Khalid” untuk menyiasat mengapa pegawai JSJK boleh membuat rakaman percakapan tahanan EO tanpa pengetahuan pihak JSJ. Selepas berbual, Tan Sri beritahu saya bahawa tindakan telah dibuat dimana kes fail OT Ong telah pun dihantar kepada KKDN untuk tindakan.


(f) Saya maklumkan bahawa selepas kembali di pejabat, oleh kerana arahan ini disampaikan terus daripada YDH Dato’ PJSJK, saya telah menghantar laporan ini terus kepada YDH Dato PJSJK disamping memberi taklimat ringkas. Tan Sri kemudian mahu saya laporkan perkara ini kepada Bahagian Tatatertib kerana merasa sesuatu tidak kena kerana saya dari JSJK telah diarah membaut rakaman seorang OT yang sedang di siasat JSJ tanpa terlebih dahulu mendapat kebenaran JSJ ataupun tanpa pengetahuan pihak JSJ. Saya dapati Tan Sri terus menghubungi seorang pegawai Tatatertib dan meminta nombor telefon saya untuk diberikan kepada pegawai tersebut. Kemudian, Tan Sri memberitahu saya bahawa pegawai Tatatertib bernama Supt Nava akan hubungi saya dan meminta saya berjumpa dengan beliau esok unuk laporkan bagaimana saya boleh mendapat arahan PJSJK untuk menyiasat seorang OT dari JSJ tanpa mendapat kebenaran JSJ terlebih dahulu. Saya terpaksa mematuhi arahan Tan Sri dengan memberikan nombor telefon saya. Selepas lebih kurang lima minit, Supt Nava telah hubungi saya dan mahu saya berjumpa beliau esok pada jam 0900. Saya menjawab “ya”.


10. Pada 22/05/2007 jam 2030, selepas perjumpaan ini, saya merasa sesuatu tidak kena kerana hajat perjumpaan saya adalah seperti yang telah saya jelas seperti di atas. Saya kemudian terus menghantar SMS kepada ACP Hamzah Md Som maklumkan bahawa Bahagian Tatatertib ingin temuduga saya bersabit kes soal siasat di Skudai tempoh hari. Saya kemudian mendapat SMS kembali daripada ACP Hamzah untuk berjumpa dengan YDH Dato’ PJSJK pada keesokkan hari.


11. Pada 23/05/2007 jam 0915, saya menerima panggilan daripada Supt. Navamaney untuk berjumpa di pejabatnya di Tingkat 13, Bukit Aman. Tetapi saya beritahu bahawa saya terpaksa mendapat kebenaran daripada Pengarah JSJK terlebih dahulu sebelum boleh berjumpa beliau. In sepatutnya di fahami oleh Supt. Nava kerana saya adalah seorang pegawai JSJK dan tidak boleh melanggar arahan pegawai atasan saya di JSJK.


12. Pada 23/05/2007 jam 0950, saya telah berjumpa dengan YDH Dato’ Pengarah JSJK dan memberitahu tentang perjumpaan saya dengan YDH Tan Sri pada petang 22/05/2007 dan arahan untuk saya berjumpa dengan Supt. Navamaney, Bahagian Tatatertib. YDH Dato’ Pengarah memberi arahan supaya saya tidak berjumpa dengan Supt. Nava sehingga Dato’ Pengarah JSJK memberi kebenaran.


13. Pada 23/05/2007 jam 1030, saya menerima panggilan telefon dari Supt Navamany samada boleh berjumpa beliau sekarang. Saya maklumkan bahawa saya masih belum menerima arahan/kebenaran daripada YDH Dato’ Pengarah JSJK.


14. Pada 23/05/2007 jam 1530, sekali lagi saya menerima panggilan telefon dari Supt Navamaney, dan saya maklumkan bahawa kebenaran/arahan masih belum diperolehi daripada YDH Dato’ PJSJK. Saya juga beritahu Supt. Navamaney bahawa saya akan hubungi beliau sebaik sahaja mendapat kebenaran daripada YDH Dato’ PJSJK.


15. Pada 28/05/2007 jam 1030, ketika berada di Pulau Pinang, saya telah menerima SMS Supt. Nava bertanyakan bila boleh berjumpa dengan beliau. Saya membuat panggilan kembali memberitahu bahawa saya masih belum mandapat kebenaran/arahan daripada YDH Dato’ Pengarah JSJK, dan pada masa ini saya sedang menjalankan siasatan rasmi di Pulau Pinang.


16. Adalah saya mengatakan bahawa sebagai seorang pegawai polis, saya merasa amat tertekan bahawa tindakan saya mematuhi arahan pegawai atasan saya di JSJK dalam menjalankan risikan terhadap kegiatan ceti haram dan membuat rakaman risikan ke atas OT Ong yang membabitkan nama Tengku dan untuk memperolehi maklumat mengenai ceti haram, terutama yang melibatkan sindiket di Johor dan Melaka, boleh menyebabkan saya dikenakan siasatan oleh Bahagian Tatatertib.


Dan saya membuat pengakuan ini dengan sesungguhnya mempercayai bahawa yang sama adalah benar dan mengikut peruntukan Akta Akuan Berkanun, 1960.



DITANDATANGANI DAN DIIKRAR )

SESUNGGUHNYA oleh ASP Hong Kin Hock )

(G/10990) tersebut di atas di Kuala Lumpur )

pada haribulan 2007 )


Di hadapan saya,


Pesuruhjaya Sumpah

(The original copy of the above was signed and personally delivered to Tun Dr Mahathir Mohamad by Raja Petra Bin Raja Kamarudin).

Time is running out for Nizar

By Debra Chong - The Malaysian Insider

KUALA LUMPUR, June 8 — With every passing day, Datuk Seri Nizar Jamaluddin grows more anxious.

The popular PAS leader has only 12 days left to file his appeal to the Federal Court to uphold a High Court ruling that he is the rightful mentri besar of Perak.

But to date, Nizar has yet to receive the written grounds of judgment from the Court of Appeal which rejected his bid for the top state post last month.

Lawyers for Nizar told The Malaysian Insider they have already drafted the appeal to the Federal Court, and are ready to file it any day now.

But they want to wait until they receive the appeal court’s judgment in full before taking the next step.

They are confident they will receive the crucial written judgment in the next few days.

The written judgment, while not a must for his case to be forwarded to the apex court, will provide his massive legal team the key reasons for the dismissal. Without it, they are taking pot shots in the dark.

The legal team, headed by former Bar Council president Sulaiman Abdullah, maintains there are important constitutional questions that have not been answered.

The Court of Appeal had on May 22 overturned the Kuala Lumpur High Court's decision a week earlier to declare Nizar the legitimate mentri besar.

Nizar was given 30 days from then to file his appeal to the top court.

If he fails to do so within the time frame, he would automatically be judged to have given up his quest for the mentri besar's seat.

And that is something that he is simply not able to accept, not after five months of sweat and tears.

Time is running out for Nizar

By Debra Chong - The Malaysian Insider

KUALA LUMPUR, June 8 — With every passing day, Datuk Seri Nizar Jamaluddin grows more anxious.

The popular PAS leader has only 12 days left to file his appeal to the Federal Court to uphold a High Court ruling that he is the rightful mentri besar of Perak.

But to date, Nizar has yet to receive the written grounds of judgment from the Court of Appeal which rejected his bid for the top state post last month.

Lawyers for Nizar told The Malaysian Insider they have already drafted the appeal to the Federal Court, and are ready to file it any day now.

But they want to wait until they receive the appeal court’s judgment in full before taking the next step.

They are confident they will receive the crucial written judgment in the next few days.

The written judgment, while not a must for his case to be forwarded to the apex court, will provide his massive legal team the key reasons for the dismissal. Without it, they are taking pot shots in the dark.

The legal team, headed by former Bar Council president Sulaiman Abdullah, maintains there are important constitutional questions that have not been answered.

The Court of Appeal had on May 22 overturned the Kuala Lumpur High Court's decision a week earlier to declare Nizar the legitimate mentri besar.

Nizar was given 30 days from then to file his appeal to the top court.

If he fails to do so within the time frame, he would automatically be judged to have given up his quest for the mentri besar's seat.

And that is something that he is simply not able to accept, not after five months of sweat and tears.

Demonisation and the Politics of Banning : Why PAS Should Look To Its Own History

By Farish A. Noor

The recent general assembly of the Pan-Malaysian Islamic Party PAS has left us with a rather mixed serving of results and outcomes, some of which will linger for a while and some of which may prove harder to digest than others. Despite the re-iteration of PAS’s stand vis a vis the UMNO party that was couched in oppositional terms, we are left with the question of PAS’s long-term orientation and objectives, and where the party will go from here. It is clear that the party remains divided over the question of dialogue and co-operation with UMNO, which has been its nemesis since its genesis in 1951.

But when it comes to the question of dialogue and engagement, PAS’s stand seems clearer with regards to other Islamic movements and NGOs in the country: While PAS has demonstrated its willingness to work with some of the more conservative Muslim groups in Malaysia, it has steadfastly refused to work with other groups, notably Muslim feminist organisations such as Sisters in Islam (SIS).

What has shocked many of us, however, was the call on the part of PAS to have SIS investigated by the religious authorities of the country on the grounds that it is a movement that has allegedly ‘misled’ Muslims and which has been tainted by liberal ideas. More worrying still was the call to have SIS banned if it is found to be somehow ‘anti-Islamic’ in its activities.

Let us cut through the hogwash of political correctness and state the matter as bluntly and clearly as possible: For a political party like PAS to call for the banning of an NGO like SIS is nothing less than a determined move to close the space of public discourse and debate in a country where civil liberties are already compromised by a host of repressive laws. SIS has borne the brunt of numerous attacks from right-wing movements since it was formed, and the attacks have always been the same. The accusations leveled against SIS have been that it is a ‘liberal’ movement, that it promotes a ‘free interpretation’ of Islam, and that its members – mostly Muslim women – are ‘not qualified’ to speak and discuss on matters related to normative Muslim socio-religious praxis. I will return to these accusations in the following articles, but for now let us look at the latest move to ban SIS and understand its implications.

The term ‘ban’ has an etymological link to the term ‘banish’, and to ban a movement, a book or even an idea is to banish it beyond the pale of the public domain. Any political party that calls for the banning of an NGO, book, individual or idea is a party that is no longer able and willing to engage in an open, plural and inclusive public domain where the exchange of ideas and opinions is encouraged and respected. It would therefore be hypocritical for PAS to boast about its willingness to engage with non-Muslims in Malaysia if it cannot even engage with Muslim sisters in Islam. So where is PAS’s commitment to the inclusive, plural and democratic Malaysia that it talked about at the last general elections of March 2008?

This latest attack on SIS is a repeat of the politics of demonization that Malaysians have grown accustomed to over the past five decades. It is just another attempt to silence a group of activists by demonizing their activities and very presence in the public domain by accusing them of all manner of nefarious activities, rather than to take them seriously and listen to what they have to say. Accusing SIS of being ‘liberal’, ‘secular’ and ‘Western’ are rather outdated clich├ęs by now, but this also points to the bankruptcy of ideas in our public domain at the present, thanks to the long process of de-politicisation of Malaysian society and the way in which our political culture is shaped by emotion-laced, sectarian and exclusive political concerns.

But PAS should be doubly wary of resorting to such tactics to silence other groups that it may disagree with, for PAS was itself the victim of such politics of demonization from the 1980s onwards. PAS should remember that in the 1980s and 1990s it too was demonized as a ‘radical’, ‘militant’, ‘extremist’ threat and that despite the fact that it has remained a constitutionalist party from the outset PAS was cast as a threat to the nation. During the first half of the 2000s, PAS was even linked – falsely and without any evidence – to radical militant groups in an attempt to silence it. PAS too has experienced firsthand the politics of silencing and demonization, and cried foul when it was the victim of such dirty politics. So why is PAS engaged in the same dirty politics today with regards to SIS?

Again I repeat my assertion that the vote for PAS at the elections of March 2008 was a vote of goodwill given by a Malaysian electorate that was prepared to see beyond the negative stereotypes of PAS and to give PAS a chance to be part of the reformist wave of the new Malaysia we see around us today. The Malaysian public was prepared to look beyond the negative stereotypes of PAS and give the party their vote as long as they were genuinely committed to the process of democratization and reform.

PAS therefore should remember that democratization and reform begins from within, and the first thing that PAS has to revise is its own jaundiced view of other alternative Muslim organisations like Sisters in Islam. It is no exaggeration to say that in Malaysia, no Muslim group has said and done more for the plight of Muslim women than SIS. If this is a sin in the eyes of PAS, then one wonders where PAS’s moral compass is pointed. Our advice to PAS – given with sincerity – is simply this: Wake up to the new Malaysia around you and realize that Malaysian society today is more complex than ever. If PAS wishes to entertain the notion of becoming a national party one day, it has to adapt its own discourse and political praxis to reflect this diversity, rather than suppress, deny and ban it. Sisters in Islam is here to stay, and many of us are happy for that. We may not agree with each other all the time, but differences of opinion is a fact of life and living in the adult world. The call for the banning of any movement you disagree with, even if it is enacted via the legal process, is perhaps the highest form of violence of all, the violence of silencing the Other. If this is the course that PAS wishes to pursue in the near future, than many of us will be inclined to believe that the stereotype of PAS as an intolerant, extremist party may be true after all. And that would be a tragedy for PAS, ultimately.

Mystery Of Husband-Wife Bodies Unravelled

KUALA LUMPUR, June 8 (Bernama) -- Police investigations in the horrific find of a husband and wife on the 22nd floor of the Sutra Idaman Condominium in Setapak yesterday are being centred on murder-cum-suicide.

Sentul police district chief, ACP Zakaria Pagan, said while police were still waiting for the post-mortem report on the couple initial investigations showed injuries to the man's hands believed to be self-inflicted while the slashes on the stomach and head of the woman were from defending herself from being stabbed by a sharp weapon.

"We believe that the husband killed his wife before killing himself and we believe they had a quarrel due to domestic problems.

"It is possible that the husband could not control his emotions and killed his wife before deciding to kill himself," Zakaria said when contacted Monday.

Yesterday the couple identified as Grerard Lopez Robert Lopez, 44, and his wife Brenda Lizabeth Karen Pereira, 43, were found in a decomposing state.

The deaths of Lopez and his wife believed to be two days ago were only discovered by a family member who went to visit them at 2pm yesterday.

Detecting a stench, the female family member broke into the house and was shocked to see them in a horrible condition.

Zakaria said police considered the case solved and have classified it as sudden death.