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Saturday, April 30, 2011

Libyan leader calls for cease-fire negotiations with NATO

Tripoli, Libya (CNN) -- Libyan leader Moammar Gadhafi on Saturday urged NATO to negotiate an end to airstrikes, accusing the international coalition of killing civilians and destroying the nation's infrastructure in a bid to take over its oil production.

"Come and negotiate with us. You are the ones attacking us. You are the ones terrifying our kids and destroying our infrastructure. You American, French and British come and negotiate with us," Gadhafi said during a rambling 45-minute address on Libyan state TV.

It was a rare appearance for the leader, who has not been seen in public since international forces began bombing regime targets last month.

The airstrikes started after the U.N. Security Council approved a resolution authorizing any means necessary to protect civilians demanding the ouster of the ruler, who has been in power for nearly 42 years.

At times, Gadhafi's address appeared to be a tirade against NATO and the United Nations.

"What are you trying to do? Trying to take the oil?" he said. "The Libyan people will not allow you ... The oil is under control of the Libyan government and for the people."

He called on the United Nations to review the NATO attacks, saying his country agreed to a cease-fire.

"We are the first ones who wanted and agreed on a cease-fire. But the NATO crusader airstrike did not cease," he said. "It cannot be a cease-fire from one side."

Gadhafi took to the airwaves after his government threatened to sink any ship approaching the besieged port city of Misrata. The declaration essentially threatens NATO patrols and humanitarian aid ships that have been bringing in food and medical supplies, and ferrying out refugees and the wounded.

The government threat came shortly after NATO said it intercepted government forces laying mines in Misrata's harbor, which has been a lifeline for humanitarian aid.

It also came as Gadhafi's forces were shelling Misrata in an attempt to re-enter the city after being pushed out by rebels. Misrata, the country's third-largest city, has been hemmed in on three sides for weeks by Gadhafi's forces, leaving the sea as the only escape route.

At least nine people were killed and 30 more were wounded in Friday's attacks in Misrata, said a doctor, who is a member of the medical committee in the city.

"There is an indiscriminate shelling now in Misrata," said the doctor, who asked not to be identified because he feared retribution by Gadhafi's forces.

Meanwhile, Libyan state TV announced that the military had successfully suppressed operations of the port.

"We will not allow any ship to dock at the port without being inspected by the Libyan government," said Musa Ibrahim, a government spokesman.

He said any aid to Misrata must be delivered through designated land routes.

Kapar MP gets sex vid in mail, demands cops explain

KUALA LUMPUR, April 30 — Kapar MP S. Manikavasagam today demanded police explain his receiving a compact disc (CD) containing the full version of the sex video allegedly featuring Datuk Seri Anwar Ibrahim at his parliamentary office yesterday.

Manikavasagam asked how the CD could have been be distributed when the original copy of the sex video had been handed over to the police.

He also said after watching the CD multiple times that the person in the clip was not Anwar.

“I have seen the VCD about three times and I also watched again this morning but it is confirmed that the actor is not Datuk Seri Anwar Ibrahim. The actor’s physical attributes and his hair is all different.

“This is the full CD so I would like the police to investigate and I also mentioned in the police report that ‘Datuk T’ had given the original CD to the police... how is the CD being distributed [now?]” he told reporters after lodging a report at Dang Wangi police station here.

He said the CD proved that the police were unreliable, before asking for an independent body to investigate the case.

“I have no confidence in the police because if the original CD was given [to them,] then how could it [be] available for distribution? I have asked for an independent body to be formed for investigation,” he said together with PKR vice president and lawyer N. Surendran.

However, Manikavasagam denied that he had seen the original sex video when asked how he knew the CD given to him was a legitimate copy.

“I have never seen the video but it always comes out on TV3 and it is the same,” he said.

Surendran added that the envelope containing the CD bore a postmark indicating it had been mailed from Thailand.

“[I]t is clear that the people behind this are trying to cover their tracks. They are very afraid that we will find out who is behind it because if you follow all the links, you will see that it will lead back to Umno and BN,” said Surendran.

The sex video was first screened to senior editors and reporters at the prestigious Carcosa Seri Negara on March 21 by a man who identified himself as “Datuk T”.

Shortly after the screening, it was revealed that “Datuk T” was a collective moniker for businessman Datuk Shazryl Eskay, former Malacca chief minister Tan Sri Rahim Thamby Chik and then-Perkasa treasurer-general Datuk Shuib Lazim.

Yesterday, Shazryl performed the “sumpah laknat” oath yesterday by swearing in God’s name that opposition leader is the man featured in a sex video.

The unedited sex video was also uploaded last Thursday to video sharing website YouTube.

During a March 24 press conference, three days after revealing the video, Rahim said it was exposed to show “a man who wants to be prime minister is not qualified.”

On April 18, Shazryl said he would take sole responsibility for the sex video screening when responding to a statement made by Federal CID deputy chief Datuk Acryl Sani Abdullah Sani that police had concluded their investigation into the sex video. The police are investigating the trio under section 292 of the Penal Code for screening pornographic material.

Deputy Inspector-General of Police Datuk Khalid Abu Bakar said on Tuesday the probe was still ongoing but was confident the police would resubmit investigation papers to the Attorney-General by this week.

The A-G had earlier returned the papers to the police.

Anwar has accused Datuk Seri Najib Razak of using the ongoing sex video saga as his main weapon to keep BN in government.

Malays leaving country too, says Perkasa

KUALA LUMPUR, April 30 — Malays are also migrating in hope of landing better jobs abroad as they are being discriminated against by Malaysia’s private sector, says rights group Perkasa.

The Malay rights group said the issue of brain drain was not limited to non-Malays, accusing the private sector of having “racist” policies in hiring employees.

“The Malays are leaving the country in droves because they cannot obtain places within the private sector, only the government sector... the private sector chooses employees based on skin colour, and they favour their own race compared to Malays,” Perkasa secretary-general Syed Hassan Syed Ali told The Malaysian Insider.

He disputed the findings of a World Bank report published on Thursday which stated that the main factors causing brain drain in Malaysia were policies favouring the Malays.

“Malays are leaving, they are going to the United Kingdom, Dubai for better prospects... why? Because they can’t even get job opportunities despite being qualified,” Syed Hassan told The Malaysian Insider.

The Perkasa leader claimed pro-Bumiputera economic policies were not the reason non-Malays were leaving the country.

“The Chinese, the Indians, they like to leave the country, they are used to leaving their country for better job opportunities.

“They are leaving because they want better pay in foreign countries... it is not because of discriminatory policies... they have everything they want here, what are they complaining for?” said the Perkasa secretary-general.

In a Bloomberg news service report, World Bank senior economist Philip Schellekens was quoted as saying that foreign investment could be five times the current levels if the country had Singapore’s talent base.

“Migration is very much an ethnic phenomenon in Malaysia, mostly Chinese but also Indian,” Schellekens told Bloomberg in Kuala Lumpur on Tuesday.

Governance issues and lack of meritocracy are “fundamental constraints” to Malaysia’s expansion because “competition is what drives innovation,” he said.

Malaysia’s growth fell to an average 4.6 per cent a year in the past decade, from 7.2 per cent the previous period.

Singapore, which was expelled from Malaysia in 1965, expanded 5.7 per cent in the past decade and has attracted more than half of its neighbour’s overseas citizens, according to the World Bank. Malaysia has in recent years unveiled plans to improve skills and attract higher value-added industries.

The World Bank conducted an online survey in February of 200 Malaysians living abroad in conjunction with the Kennedy School of Government at Harvard University.

They cited better career prospects, social injustice and higher wages as their main reasons for leaving, the Washington-based lender said in the Bloomberg report.

Fight for Penan justice or keep mum

Justice for the Penan women who have repeatedly cried rape appears to be elusive.
COMMENT

The recently concluded Sarawak state election has given seven women politicians a chance to become assemblypersons. An opportunity that brings with it the responsibility to do the “right thing”.

Four incumbents from the Barisan Nasional (BN) and three from opposition ally DAP now sit in the State Legislative Assembly.

DAP fielded four women – Violet Yong in Pending, Ting Tze Fui in Meradong and two new faces, Alice Lau Kiong Yieng in Bawang Assan and Christina Chiew in Batu Kawah. With the exception of Lau who lost to SUPP heavyweight Wong Soon Koh, the rest succeeded in coming on board as assemblypersons.

The youngest candidate was Chiew, who, at 27, managed to outdo Tan Joo Phoi, assistant minister in the chief minister’s office in winning the people’s trust.

With the election over, work is at hand for these women leaders. The most pressing and long-standing issue concerned the rape of the Penan women and girls, a matter which no authority has viewed seriously, much less offer help.

The police, the Women, Family and Community Development Ministry as well as Suhakam, Malaysia’s human rights body, have failed the Penan women in seeking justice for the sexual exploitation they have for years been suffering at the hands of the timber loggers.

The April 16 state election saw four incumbents from BN – Fatimah Abdullah, Sharifah Hasidah Sayeed Aman Ghazali, Simoi Peri and Rosey Yunus (Bekenu) – retaining their respective seats.

Fatimah, 54, won Dalat with a majority of 4,990 votes in a three-cornered fight. Fatimah, who is Parti Pesaka Bumiputera Bersatu (PBB) Wanita deputy chief, was the only woman minister in the last Cabinet.

Justice a distant dream

Sharifah Hasidah, 42, retained her Semariang seat with a 5,431-vote majority in a straight fight against Zulrusdi Mohamad Hol of PKR.

Simoi, 47, kept her Lingga seat, with a majority of 2,506 votes in a three-cornered fight while Rosey, 55, of the Sarawak Progressive Democratic Party (SPDP), won the Bekenu seat with a majority of 3,714 votes in a four-cornered fight.

Regrettably, these four BN women representatives remained indifferent towards the plight of the Penan women who time and time again have cried rape.

For the rape survivors who dared take on the timber loggers, justice remains a distant dream.

In 2010, it was reported that a Penan women from Long Item, Baram in Sarawak, given the pseudonym “Bibi” by the Women, Family and Community Development Ministry’s National Task Force Report (in September 2009), gave birth to another baby in February last year.

The father of Bibi’s child was her alleged rapist, an Interhill logging camp worker known as “Johnny” or Ah Hing.

In 2008, Bibi lodged a police report of a rape in Bukit Aman and was given refuge by the Women’s Aid Organisation, a participant in the National Task Force. However, when Bibi returned to Long Item to visit her family, she again fell under the clutches of Ah Hing.

And contrary to Ah Hing’s claim made to the police and the Borneo Post, a local daily owned by a logging company that he was Bibi’s husband, the Penan Support Group (PSG) had documentary evidence that Ah Hing is registered with the government as the father of two sets of children born to two different mothers aside from Bibi; a Chinese woman and another Penan women.

Police ‘bought over’?

In her 2008 police report, Bibi said Ah Hing raped her in 2005 after she rejected his demand that she become his “wife”. She refused after learning from villagers that Ah Hing already had two wives and two families.

Section 375(c) of the Penal Code states that obtaining a sexual relationship by pretending to “marry” a woman when the perpetrator is already married, amounts to “misconception of fact” and is in fact, rape.

Despite pleading for help from the Bukit Aman police and the National Task Force, Bibi received none. This despite the fact that the Task Force report confirmed the rapes had taken place. Bibi ended up as Ah Hing’s wife, bearing him three children, in 2006, 2008 and 2010.

It is a shame that despite Bibi placing her trust in the police and the National Task Force, both abandoned responsibility. Bibi failed to free herself from Ah Hing. The police meanwhile never arrested Ah Hing who instead took Bibi to police stations in Long Lama and Marudi in September 2009 to lodge new reports denying she was raped by him.

The PSG had been told by villagers in middle Baram that Ah Hing had accompanied the police to another village in middle Baram to pressure another Penan girl, aged 18, to withdraw her report. This teenager and her family in all their courage refused to cower.

There is no doubt left that the manner in which the police handled Bibi’s complaint has tainted the image of this profession. The police as well as the newspapers were the least bothered to verify the facts that Ah Hing was never Bibi’s husband.

If all this was not painful enough for Bibi, the police closed their investigation following Bibi’s retraction. Interhill, a logging company, in its internal investigation found no evidence of sexual misconduct, leaving Ah Hing free to claim Bibi as his “wife” although bigamy is a serious crime for non-Muslims in Malaysia.

When questioned, Sarawak police chief Mohmad Salleh denied that police were protecting the rapist from the politically-connected logging companies.

“When I am asked about this, I become emotional. The police don’t hide facts. We have tried everything we could but the victims refuse to cooperate,” he had then claimed.

Police not willing to help Penans

The Borneo Post in its report quoted Mohmad as saying that the police visited nine logging camps, interviewing 72 witnesses. The police made three visits to the “jungle” to investigate the findings of the National Task Force report.

Mohmad, however, refused to explain why the police merely interviewed the loggers. According to the Penan communities, the police never visited any of the rape survivors.

“The real problem lies with the victims themselves. They are not giving proper cooperation to the police,” Mohmad was quoted as saying.

Proper cooperation? According to the PSG, two of the survivors gathered all the courage and travelled to the foreign land of Kuala Lumpur to lodge reports while others gave the police their full cooperation.

Now, will the police bother clarifying as to why it went back on its commitment which was made by the then Inspector-General of Police Musa Hassan in January 2009 to conduct a joint visit with the PSG to the affected communities?

What the police did instead was unforgiveable – they proposed to use logging camps as a base, bringing the rape survivors to the same camps where some Penan girls said they been abducted by loggers and used the logging vehicles for transport.

Obviously, the police had no sincere wish in investigating the case. In the end, the police withdrew using the excuse that they had no funds for the visit.

“The absence of positive support from state authorities in investigating and finding solutions to grievances has undermined the trust of communities like the Penans in the authorities and has left them even more defenceless and vulnerable,” the PSG had said in its mission’s report which was released on July 6, 2010.

On July 8, 2010, Deputy Chief Minister Alfred Jabu, in responding to PSG’s mission findings, parroted the police chief’s demands for the Penan survivors to lodge further reports.

“We are open. Give us the proof… we will investigate,” he had said.

New blood hope for Penans

Yong, Ting and Chiew, the DAP greenhorns, hopefully can take it upon themselves to assist the Penan women earn the much-delayed justice for a crime shielded politically.

The Penan women and girls have suffered enough at the hands of the timber loggers, the police and the unscrupulous government under Chief Minister Taib Mahmud.

In their desperation, the PSG turned to Prime Minister Najib Tun Razak’s wife Rosmah Mansor for intervention but she too refused any help.

Now that Taib has once again “bought” his way into lording over the people of Sarawak, the Penan women and girls have two options – to continue fighting against all odds for the much elusive justice or to keep silent, for good.

What offence has Anwar committed? Why is he being hounded?

The scandalous porno tape, used in desperation to implicate Datuk Seri Anwar Ibrahim allegedly engaging in sex with a prostitute in order to turn the tide in favour of the Barisan Nasional during the Sarawak election, refuses to fade away even after the Sarawak election.


Graphic: musramrakunman.blogspot.com



It was a widely publicised news item and – according to some reports – the tape was even distributed in the longhouses in Sarawak to disparage and demean Anwar and present the opposition in poor light to gain political mileage for BN.

The police declared that the tape was genuine. The people were made to feel that very soon the sordid episode would be unravelled and the person in the tape exposed.

The various statements in the public domain created the perception that it was Anwar in the porno tape. The police conveyed the impression that it was a matter of time before Anwar was exposed as the owner of the Omega watch stolen by the prostitute. The Omega watch seemed to be the most important missing link to establish Anwar’s identity.

But to their utter disappointment there was no record of the purchaser in Taiwan, where the watch was apparently bought. The missing link went missing and they were no nearer the truth.

Now they say ‘they will not hesitate to expose to the public if necessary “the performer” in the sex video who allegedly resembled opposition leader Anwar Ibrahim.’

In other words, what they are saying is tantamount to the fact that they have identified “the performer” but they are not inclined to expose “the performer” unless it was necessary to do so.

The Malaysian public is rightly confused. What is meant by unless it was necessary? Why then did they go to such great length to find out the owner of the Omega watch? You took the trouble to trace the watch all the way to Taiwan.

What was the purpose? Wasn’t it to link “the performer” to the watch so that you can definitely identify “the performer” and expose him?

If it wasn’t necessary to identify “the performer” why is Anwar being harassed? He was called to give his statement a second time yesterday (28 April 2011). Unless you have irrefutable evidence that the character in the video is indeed Anwar, there was no necessity to ask him to report to Dang Wangi district police headquarters. Is it because they want to keep this shameful episode alive?

It is as though there is no other worthwhile issue in this country for the media to comment on and for our political leaders to discuss. Have we become so depraved that sex scandals have to hog the limelight and take up so much of the nation’s time and attention?

Malaysians have a right to be sceptical about the whole sordid affair. It is evident that there is a concerted effort to finish off Anwar in the interest of the Barisan Nasional. He is the only person standing in their way who can prevent the BN’s continued reign in Putrajaya. That being the case, would it not be logical to expose Anwar right now?

But why aren’t they doing it? Is it because “the performer” in the video is a pretender?! If it was Anwar, they would have gone to town with this information during the Sarawak election to disparage and destroy the opposition with one stroke. The print and electronic media and the blogs and websites would be gleefully swarmed with this news for days on end. But that is not happening!

But they are dragging their feet in this affair for far too long even though there doesn’t seem to be much hope of unearthing the truth. Why are they spending so much time with regard to Anwar when there is a simple, straightforward issue at their doorstep crying for a remedy?

The terrible Datuk Trio who were in possession of a pornography video should have been charged by now. The terrible Datuk Trio should be facing the music for screening a pornographic show to the public. With so much irrefutable evidence against the trio staring at and challenging the police, why is there so much foot-dragging? Why is there a reluctance to take action to punish those who screened a pornographic video? What is holding up the police and the Attorney-General?

Karpal Singh had rightly pointed out that prostitution is not an offence but using the premises for prostitution or living off the earnings of a prostitute is an offence. According to Karpal, “Whomsoever solicits or importunes for the purpose of prostitution or any immoral purpose in any place shall be punished with imprisonment…” If that is the law, where does Anwar fit into this? What offence is he guilty of?

A report has it that the police have located the place where the sex act took place and identified the prostitute. Why haven’t they taken action against the owner of the premises for allowing his place to be used for “immoral purpose”? Why haven’t they taken action against the person who procured the services of the prostitute?

The villains plotting to crucify Anwar have been identified; their involvement in this sordid affair has been established. Why are we not moving in on them?

P Ramakrishnan is president of Aliran

Chua SoiLek should not have too inflated an ego about himself or MCA

It should be the front-page headline news of the MCA newspaper The Star today, but it was tucked away in page 4, regarded as less newsworthy than Prince William and Kate Middleton’s wedding (entire front page with pic and headline‘You look beautiful’), “PM – Innovate to compete: Relying on foreign labour a threat to economy, SMEs told” (p 2), “A sea tunnel, after two bridges – Penang’s proposed third link in the pipeline” and “Hostile witnesses an obstacle, says MACC panel” (p 3).

It finally appears in p 4 of Star “Party will give up posts – MCA presidential council backs Chua’s stand” beneath another Chua SoiLek story “Stop fanning racial flame, SoiLek warns opposition”.

This is what even journalists in MCA’s own newspaper, the Star, think of the newsworthiness and importance of Chua’s “shock announcement”.

Many Malaysians thought that MCA leaders are finally taking a political stand because they are moved by the latest World Bank report entitled “Malaysia Economic Monitor: Brain Drain” and adverse news headlines like “Malaysia’s brain drain getting worse, says World Bank” and “NEP, brain drain holding back Malaysia, says World Bank” which said among other things:

- more than one million Malaysians live abroad and that policies favouring Malays are holding back the economy, causing a brain drain and limiting foreign investment.

- a gloomy picture of the Malaysian brain drain situation today saying that it not only grew rapidly but is likely to intensify, further eroding the country’s already narrow skills base.

- that the number of skilled Malaysians living abroad has tripled in the last two decades with two out of every 10 Malaysians with tertiary education opting to leave for either OECD (Organisation for Economic Cooperation and Development) countries or Singapore.

- foreign investment could be five times the current levels if the country had Singapore’s talent base.

- Migration is very much an ethnic phenomenon in Malaysia, mostly Chinese but also Indian.

- Governance issues and lack of meritocracy are “fundamental constraints” to Malaysia’s expansion because “competition is what drives innovation”.

Are the MCA leaders finally telling the Prime Minister, Datuk Seri Najib Razak and the Umno leadership that unless Umno and Barisan Nasional government walk the talk of the “New Economic Model” and genuinely introduces 1Malaysia transformation in all aspects, government, economic as well as political, including denouncing Utusan Malaysia’s latest “1Melayu, 1Bumi” call, they see no purpose in MCA continuing in the Barisan Nasional Government?

But this is not the case.

Chua announced that MCA would give up all government posts if the MCA’s performance in the next general election is “dismal” but that it will continue to be in the BarisanNasional.
He declared: “Our stand is to be with Barisan through thick and thin. We are also very confident in our Prime Minister Datuk Seri NajibTunRazak’s leadership.”

Chua has gone out of his way to demonstrate that the MCA’s latest decision is not to be construed as a threat or pressure to Umno but he has no qualms whatsoever about threatening the Chinese electorate!

Chua should not have too inflated an ego about himself or MCA. For instance, in the other Star report today “lambasting” DAP for “playing up racial issues detrimental to a multi-racial nation like Malaysia”, he mentioned about his online posting about meeting Facebook fans in Johor Baru which was “taken out of context by DAP leaders”.

For the record, I do not know what Chua is talking about as I have never visited his Facebook. For that matter, I believe I can speak for the other DAP leaders and I will be very surprised if there is a single DAP leader who had ever visited Chua’s Facebook.

Best Royal Moments

Eskay takes religious oath



Brain drain has not led to fall in FDI, says Najib

KUALA LUMPUR, April 29 — The prime minister has refuted a recent World Bank report that Malaysia’s brain drain had led to a drop in foreign investment, pointing out that there was a six-fold rise in capital inflows last year compared to 2009.

Datuk Seri Najib Razak said foreign direct investment (FDI) had increased from RM1.4 billion in 2009 to RM9 billion in 2010 and expressed confidence that Malaysia will be able to secure more such investments in future.

He also said his administration was actively pursuing domestic direct investment (DDI) as nearly three-quarters of all private funding for the Economic Transformation Programme (ETP) will come from local investors by 2020.

“Don’t forget, it is not all about FDI but also about domestic investment. Seventy-three per cent of our plan involves domestic investment,” he told reporters in Putrajaya today.

The World Bank said, in its “Malaysia Economic Monitor: Brain Drain” report released yesterday, that foreign investment could be five times current levels if Malaysia had Singapore’s talent base.

Singapore has absorbed 57 per cent of Malaysia’s one million overseas citizens, with almost 90 per cent of those crossing the Causeway ethnic Chinese, the report said.

Najib acknowledged today that the exodus of skilled Malaysians to Singapore and other advanced countries was a problem that “must be resolved” through initiatives speadheaded by Talent Corp.

Talent Corp was set up by the government earlier this year to lure and retain much-needed professionals in the face of increasing global competition for talent.

Najib announced on April 12 that Malaysian professionals working abroad who return to Malaysia would only have to pay a 15 per cent flat income tax for five years under the Returning Experts Programme (ERP).

“This is one of the main initiatives, and there are other initiatives which have been agreed upon and we will take subsequent measures,” he told reporters

The World Bank has identified governance issues and lack of meritocracy as “fundamental constraints” that block Malaysia’s expansion by fettering competition and innovation.

Malaysia’s growth fell to an average 4.6 per cent a year in the past decade, from 7.2 per cent the previous period.

Singapore, which quit Malaysia in 1965, expanded 5.7 per cent in the past decade and has attracted more than half of its neighbour’s overseas citizens.

Malaysia has in recent years unveiled plans to improve skills and attract higher value-added industries.

Najib has pledged to roll back the New Economic Policy’s (NEP) affirmative action policies but also told the Umno assembly last year that the government’s social contract to provide benefits to Bumiputeras cannot be repealed.

The prime minister has eased some rules to woo funds, including scrapping a requirement that foreign companies investing in Malaysia and locally-listed businesses set aside 30 per cent of their Malaysian equity for Bumiputera investors.

Last year, Najib unveiled the ETP under which the government has identified projects from mass rail transit to nuclear power worth US$444 billion (RM1.3 trillion) that his administration will promote in the next 10 years.

MIC may have breached party constitution

The party's Youth secretary has lodged a report with Registrar of Societies on the readmission of three sacked party members.

SHAH ALAM: Three sacked MIC members are back in the fold but their readmission may have breached the party constitution.

MIC Youth secretary C Sivarraajh said this could have been unintentional but he has still gone ahead and lodged a report with the Selangor Registrar of Societies (ROS) claiming the party’s central working committee (CWC) may have unintentionally breached the party constitution .

The three who were readmitted are former Gerakan Anti-Samy Vellu (GAS) members – V Mugilan, KP Samy and G Kumar Aamaan.

“Article 61.5 of the party constitution clearly states that a sacked member can only apply to be re-admitted after two years of the date of expulsion,”said Sivarraajh who claimed to be acting in his personal capacity.

The three leaders were sacked by former MIC president S Samy Vellu last year for criticising him. The trio then formed GAS to oust Samy Vellu from the party.

MIC president G Palanivel readmitted the leaders into the party last Saturday, a decision that was also endorsed by the CWC.

Sivarraajh said he was not going against party leadership, adding that he was willing to retract his complaint if the party can justify its decision under the party constitution.

“Though I understand that Palanivel and the CWC are trying to strengthen the party with this move, the decision must be in line with the party constitution.

“Besides, this is the same CWC that upheld the trio’s expulsion last year and now they are readmitting them,” he said. Sivarraajh said it was not his intention to tarnish the party’s image.

Taking a swipe at Mugilan, Sivarraajh said the former GAS coordinator had a hidden agenda in his announcement that he would contest for the MIC Youth chief’s post in the next party polls.

“The CWC brought him back to unite the party. His latest announcement clearly shows he is not interested in strengthening the party,” alleged Sivarraajh.

Yesterday, Mugilan, who is also MIC deputy Youth chief, announced that he intends to contest for the Youth chief post after the general election. The post is currently held by T Mohan.

Workers still paid peanuts

Private sector salaries are tagged to government-linked companies but they won't see an increase in minimum wages as the GLC workers are also poorly paid.
PETALING JAYA: Government-linked companies make billions of dollars but the workers still get peanuts.
Take the case of Tenaga Nasional Bhd (TNB). Its chief executive officer (CEO) Che Khalib Mohamad Noh received an annual salary of RM600,000 in 2007, according to the company’s annual report.
But the minimum wage for TNB employees is only RM750.
TNB Junior Officers Union (TNBJOU) president Mohd Roszeli Majid said if the mighty GLCs do not increase their minimum wages, what hope is there for the private sector.
He said that despite seeing billions of ringgit in investments, GLCs were still paying their workers a pittance.
“In Pos Malaysia, the minimum wage is RM635 a month. For TNB, it is RM750. Petronas is RM1,050, and Telekom Malaysia is RM800,” Roszeli told a Pakatan Rakyat-hosted minimum wage roundtable session at the PJ City Council.
“The government keeps on talking about becoming a high-income nation. GLCs are earning billions of ringgit, but what about the workers?” he asked.
Roszeli, who is also a Malaysian Trades Union Congress (MTUC) vice-president, said that GLC salaries were lower than government agency wages.
“Compared to the government now, the lowest salary is RM852 a month. But you get housing, allowance, Cola (cost of living allowance) and public service allowance which comes up to (an additional) RM595 a month,” he said.
Slow move
Roszeli added that it was unfair for workers’ wages to remain stagnant when GLCs were out to maximise profits.
“During the privatisation of TNB in 1990, we (the workers) agreed with the government on one condition: staff salaries after privatisation must be 12.5% higher than that of the government sector,” he said.
Workers’ salaries, however, saw little change over the years. He revealed that TNB’s collective agreements in 2004 and 2007 saw a mere salary increase of 3% and 4% respectively.
Roszeli said that TNBJOU was asking for a 25% raise this time around. “We are asking for RM1,000 salary and a Cola of RM300,” he said.
However, he said that TNB heads had yet to agree with its workers over this demand.
Roszeli also argued that GLC workers were not making decent wages, especially with the RM720 government-set poverty line.
Roszeli also expressed disappointment with the government’s slow move to introduce a nationwide minimum wage.
“I don’t know when they can implement one. I guess this is part and parcel of the rhetoric by the politicians,” he said.

Nik Nazmi: Hair in Sex Video is Different from Anwar's

by Haider Yutim   
PETALING JAYA, 29 APRIL, 2011: Party Keadilan Rakyat (PKR) information chief Nik Nazmi said the hair of the man inside the sex video allegedly involving Datuk Seri Anwar Ibrahim was different from the Opposition leader’s usual hairstyle.
 
According to him, the hair of man inside the video has a slope at the back whereas Anwar has never donned such hairstyle. 

He argued that the video was recorded on 21 February 2011, and Anwar was seen at court the next day with more hair on the back of his head which means that it is impossible his hair could grow that much in less than a day.

"In the video, he is seen with a sloped hairstyle but on the next day he is seen with more hair. It is impossible that his hair could grow that much within that time," said Nazmi in a press conference at their headquarters in Petaling Jaya this morning.

PKR held the press conference to address the issue of the sex video after the second part of the footage was uploaded on YouTube two days ago.
 
   - Malaysiandigest.com

Somali Pirates Target India Seafarers


Image
We'd like to go home
(Asia Sentinel) Pirates demand release of their mates by Indian authorities

Indian sailors have become specific targets of Somali pirates due to the Indian Navy's strong response to a problem that has assumed alarming proportions, making Indian seafarers wary of operating ships that pass through waters frequented by Somalia pirates in the Arabian Sea and northwestern Indian Ocean, a major trade transit area.

The Indian Navy has responded aggressively to pirate attacks, capturing 61 at one go in March. The pirates had been living on a hijacked ship about 1,000 km off the Indian coast. As a result, the pirates have targeted Indian seamen. Freed or rescued seamen say they have been tortured mercilessly. India's seafaring community is estimated at over 100,000, forming 6 percent of the global merchant mariners.

Matters have come to a head recently after Somali pirates refused to release seven members of a 15-man crew aboard MV Asphalt Venture that was captured in September 2010. This is even after being paid a huge multi-million ransom.

Instead, the pirates, via a statement released to the media, say they declared a "war on India." In an audacious move they have demanded that New Delhi release over 100 pirates captured by the Indian Navy in exchange of the lives of the Indians in their custody.

The pirates have also started coming closer to Indian shores, hundreds of miles from their African coastal base. The closest Somali pirate attack to the Indian mainland was on Jan. 28 when a container ship was approached by pirates in two speedboats around 65 nautical miles north of Minicoy Island, or about 400km west of Cochin (Kerala). The Indian coast guard responded to the mayday and sent an aircraft. A previously hijacked fishing vessel acting as a mother vessel was spotted in the vicinity.

However, the real possibility of "war" seems remote, according to a Hong Kong-based security consultant who deals with anti-piracy issues. As long ago as April of 2009 the pirates declared war on Americans after sharpshooters killed three pirates and captured a fourth after an abortive attack on a US freighter, but the war has never come off.

Both Malaysia and South Korea have also toughened their stance against piracy, with seven Somalis charged in a Kuala Lumpur court with piracy, which could result in the hanging of the adult members of the gang. South Korea also recently arrested five Somalis with the intention of putting them on trial in Korea.

"One possible reason why these threats are not carried out in cold blood – most killings have occurred during rescue attempts – is the pirates' recognition that any systematic murder of captured seafarers would be labeled terrorism by the international community (probably the UN)," the security consultant told Asia Sentinel. "This could quickly end the present lucrative ransom business as it is illegal to make any payments to terrorist groups."

Nonetheless, in India the latest hostage situation is being compared to the emotionally charged scenario created by Lashkar-e-Toiba terrorists who hijacked an Indian Airlines jetliner in 1999 to demand release of captured militants in Indian jails.

New Delhi capitulated. Earlier this year, in the absence of an official and clear hostage policy, authorities released key leftist rebels in the state of Orissa, in exchange of an abducted officer.

Meanwhile, relatives of the Indian crew on board hijacked or missing vessels have been urging the government to act and the matter has been raised in Parliament at their insistence. On the basis of petitions filed by affected family members, India's apex Supreme Court has also mandated New Delhi take action.

With emotions running high, India will need to get its act together.

It is estimated that Somali pirates are holding nearly 600 crew members captive out of which 50 are Indians. Such is the fear now that it has affected Indian trade in the region.

Indian coal imports from South Africa are now being diverted to longer routes even as buyers are opting for purchase of the critical fuel from Australia and Russia to totally avoid the Indian Ocean.
Ironically, the targeted attack on Indian sea farers has been due to a strong response by New Delhi to take on the pirates.

From October 2008, New Delhi stationed an Indian warship at the Gulf of Aden to assist Indian-flagged merchant vessels. Ships from other nations have also been protected by the Indian presence. Indian anti-piracy patrols have also been deployed around the Maldives, Seychelles, and Mauritius, at the request of these governments.

Joint actions by the Indian Navy and Coast Guard have prevented as many as 29 hijacking attempts and neutralized three "mother-ships" (used by the pirates), the Vega 5 in March 2011. India was also instrumental in the successful passage of the United Nations Security Council's anti-piracy resolution.

New Delhi has now has a bigger job in hand to tackle the latest situation arising out escalated Somali piracy that is showing every sign of worsening.

The country has persistently refused to initiate any form of special force action to "hot pursuit" the pirates into their bases. The response has been more "passive" in nature with pre-emption and prevention being the motto, like it has been for terrorist suspected to be holed up in Pakistan or Bangladesh.

Yet, there is urgent need for coordinated action among several affected countries and their Navies. The Kuala Lumpur based International Maritime Bureau (IMB) has said that 97 out of the 142 maritime and trade related attacks this year have been by Somali pirates. This year the number of attacks is three times last year.

Highlighting the raised cruelty factor, in 2006 only two crew members in total were injured, this year seven seamen have already been killed and 34 seriously injured. IMB has said: "Figures for piracy and armed robbery at sea in the past three months are higher than we have ever recorded in the first quarter of any past year."

"Given the amounts they have made recently, I would anticipate ever-better armed and trained pirate crews at the top end and proliferation of wannabes at the lower end," J Peter Pham, Africa director with US think tank the Atlantic Council, has been quoted to say.

Taking note of the situation and clearly indicating that it is only joint action by nations that can root out the problem, as in the case of terrorism, federal Indian defense minister A K Antony has said, "Piracy in the high seas is becoming a serious problem. The Indian Navy is in touch with other navies on this, since piracy occurs in the IOR, especially in Somalian waters and other areas."

In an assessment, the National Maritime Foundation, Delhi has said: "the lives of Indian hostages will have to be given due importance. Apart from staying the course in its present anti-piracy policies, a multi-disciplinary task force that includes all the principal stake-holders is urgently called for."

Siddharth Srivastava is a New Delhi-based journalist. He can be reached at sidsri@yahoo.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Government, Umno Have Nothing To Do With Eskay's Oath-taking, Says Najib

KUALA LUMPUR, April 29 (Bernama) -- Datuk Seri Najib Tun Razak said that neither the government nor Umno had anything to do with businessman Datuk Shazryl Eskay Abdullah taking a religious oath Friday.

The Prime Minister and Umno president said that people could take such an oath if they wanted to so long as they had permission from those in charge of the mosque concerned.

"We neither encourage nor forbid (such oath-taking) and we believe all parties should have this attitude," he told reporters after chairing an Umno Supreme Council meeting here.

Eskay had taken a "sumpah laknat" (oath which can turn into a curse) at the Amru al-As Mosque in Bandar Baru Sentul, swearing that the man in the sex video that he passed to the police last month was opposition leader Datuk Seri Anwar Ibrahim.

Najib was also asked to comment on the commotion that occurred when supporters of Anwar tried to stop the oath from being taken at the mosque.

He said that the sanctity of a mosque should be observed.

"In a mosque, no one can disturb you in what you do as long as you have the permission of the mosque management," he said.

Ibu Aminulrasyid cuba 'bersihkan' nama anaknya

Setahun sudah berlalu sejak kematian remaja 14 tahun Aminulrasyid Amzah, tetapi kenangan silam dan beberapa dakwaan yang dilemparkan kepadanya masih belum ditarik balik.

NONE"Anak lelaki saya ditembak mati dan polis memfitnahnya dan keluarga saya bagi menutup jenayah yang dilakukan mereka itu,” kata ibu Aminulrasyid, Norsiah Mohamad (kanan).

Antara mereka, dakwa ibu yang merintih itu adalah bekas ketua polis Selangor, Datuk Khalid Abu Bakar yang melabelkan Aminulrasyid sebagai seorang “penjenayah”.

Dalam laporan polisnya hari ini, Norsiah menuntut Khalid, yang baru-baru ini dinaikkan pangkat sebagai timbalan ketua polis negara menarik balik kenyataannya itu.

"Pada hari tersebut, malah sebulum jenazah anak saya dituntut, Khalid mengeluarkan kenyataan bahawa anak saya dan rakannya, Azamudin Omar, cuba merempuh kenderaan polis dan mereja menjumpai sebilah parang dalam kereta keluarga kami.

NONE"Kenyataan itu dibuat dengan niat jahat dan cuba memaparkan Aminulrasyid sebagai seorang penjenayah bagi menutup kesalahan yang dilakukan oleh polis,” kata Norsiah.

Aminulrasyid di tembak mati selepas dikejar oleh polis berhampiran rumahnya di Shah Alam pada awal pagi, 26 April tahun lalu.

Sehingga sekarang, hanya Korporal Jenain Subi (kiri) adalah anggota polis yang didakwa dan akan dibicarakan atas pertuduhan membunuh tanpa niat. Pada kejadian itu, 21 das tembakan dilepaskan ke atas Aminulrasyid.

Jika didapati bersalah Jenain menghadapi hukuman penjara 30 tahun dan juga didenda.

600000 Malaysians in Singapore?

Some 600000 Malaysians may be living and working in Singapore, which has a population of just over 5 million.


According to the World Bank, more than one million Malaysians live abroad, the result of race-based economic policies that created a brain drain. The Bank noted that Singapore has absorbed 57 per cent of Malaysia’s overseas citizens, with almost 90 per cent of those crossing the border ethnic Chinese. See Insider report.

If the Bank is correct, then some 600000 Malaysians could be in Singapore: 386000 are residents born in Malaysia (according to the Singapore 2010 census published by the Singapore Department of Statistics), close to 200000 non-residents living and working in Singapore, and say 100000 commuters.

Obviously, we have lost a huge amount of talent. Does the federal government even care why so many Malaysians have left the country, for obvious reasons? Maybe it might start taking an interest if these Malaysians are granted postal balloting rights. 

The brutal case of Muhd. Arif bin Abu Semah

STOP POLICE BRUTALITY:
ALLOW LEGAL ACCESS TO MUHAMAD ARIF BIN ABU SEMAH

SUARAM and Lawyers for Liberty (LFL) was informed by a family member of Muhamad Arif bin Abu Semah, detained under the Emergency Ordinance (EO) since 19 March 2011 that he has been tortured badly under detention.

According to the family members and friends, Muhamad Arif has lost a lot of weight and is currently being denied access to his lawyers at the Rawang police station.

Laywer Edward Saw and Muhamad Arif’s family members went to the Rawang police station to meet him earlier today. When they arrived, the police refused to give Edward access to Muhamad Arif they had not received any instructions from IPD Gombak. Edward tried to negotiate with the police officers, but was unsuccessful. He was told to contact the officers from IPD Gombak.

Muhamad Arif’s family members only managed to spend 3 minutes each with him as the police had only allowed two family members in at a time. During one of these sessions, Fuqran, a family friend, was stopped by a plain clothes police officer, asked his identity card, had his hands restrained and was pulled him out of the room. This act shocked the family members present and the police officer disappeared without apology or explanation.

The continuing descent of the PDRM into lawlessness has been graphically demonstrated by the actions of the plain clothes officer who did not properly identify himself and acted with impunity. SUARAM and LFL condemn the brutal behaviour of the police officer and the silence of his fellow officers who did not stop or restrain him at all. This clearly illustrates the fact that the Malaysian police force is in need of an immediate and true reform.

SUARAM and LFL demands that the Inspector General of Police must:

a) Release Muhamad Arif immediately and issue a public apology to him and his family;
b) Take stern action, including criminal prosecution and disciplinary action against the policemen who assaulted and arrested Muhamad Arif and Fuqran;
c) Support the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC), to function as an independent, external oversight body to investigate complaints about police personnel and to make the police accountable for their conduct;
d) Stop the unjust practice of arresting and re-arresting under preventive detention laws;
e) undertake to respect the right of the people for unimpeded and free access to lawyers at all times;
f) Require the police especially those in plainclothes to identify themselves and display their authorisation when affecting their powers;
g) Support human rights education and training programmes, with a view of changing the attitudes and methods of law enforcement personnel.

Released by,

Nalini.E
SUARAM

MEMBANTAH PENAHANAN MUHAMAD ARIF BIN ABU SEMAH DIBAWAH SEKSYEN 3 (1) ORDINAN DARURAT (KETENTERAMAN AWAM PENCEGAHAN JENAYAH 1969) DAN MENUNTUT AGAR TAHANAN DIBERIKAN RUANG UNTUK MENDAPAT BANTUAN GUAMAN

KENYATAAN MEDIA: 28 APRIL 2011

Suara Rakyat Malaysia (SUARAM) dan Lawyers for Liberty (LFL), serta anggota keluarga Muhamad Arif Bin Abu Semah (19 tahun) mengecam penangkapan dan penahanan terbaru di bawah Seksyen 3, Ordinan Darurat (Kenteraman Awam dan Pencegahan Jenayah) 1969 yang mana membenarkan penahanan tanpa bicara selam 60 hari. SUARAM &LFL mengecam penggunaan EO atau mana-mana undang-undang yang melanggar prinsip asas hak asasi manusia, keadilan dan piawaian antarabangsa berhubung hak asasi.

Pada Hari ini SUARAM & LFL bersama dengan ahli keluarga dan pihak peguam ingin membawa perhatian media berkenaan beberapa pencabulan hak asasi yang berlaku dalam penahanan ini dan memohon perhatian segera dalam isu ini.

1.0 LATAR BELAKANG

1.1 Pada 8.03.2011, pada pukul 5 pagi Muhamd Arif telah ditangkap oleh beberapa anggota polis yang perkenalkan diri sebagai polis daripada IPD Gombak. Muhamad Arif ditahan di rumah flat kos rendah, Selayang. Anggota Polis telah memasuki rumah dan membawa keluar Muhamad Arif tanpa sebarang pemberitahuan kepada pihak keluarga sebab penangkapan Muhamad Arif. Pada pukul 9.30 pagi- Muhamad Arif telah menghubungi abangnya Aswan untuk memberitahu bahawa beliau sihat dan memberitahu bahawa beliau tidak tahu dimana beliau berada pada ketika itu.

1.2 Pada tempoh masa tersebut Muhamad Arif telah diberitahu bahawa beliau telah ditahan kerana beliau terlibat dalam kecurian motor di kawasan sekitar.

1.3 Pada masa yang semasa tahanan reman, Muhamad Arif telah dibawah secara “tukar gari” atau “roadshow” ke balai polis yang berlainan. Beliau telah dibawah dari IPD Gombak ke IPD Kepong, keumdian ke IPD Jinjang, Pusat tahanan reman Bukit Jalil dan kemudian dihantar ke Balai polis Rawang.

1.4 Pada 19.03.2011, pada hari yang ke 11 Arif ditahan ,Muhamad Arif telah menghubungi keluarga dan memberitahu bahawa beliau telah ditahan lanjut dibawah Seksyesn 3(1) Ordinan Darurat dan akan ditahana selama 60 hari. Pada hari yang sama keluarga telah berjumpa dengan Inspektor Fadhil (012 3301110) dari IPD Gombak untuk mendapatkan sebab penahanan Muhamad Arif dibawah EO. Namun, menurut Ins. Fadhil, Muhamad Arif ditahan kerana terlibat dalam kegiatan mencuri motorsikal.

1.5 Pada 21.03.2011, Keluarga telah berjumpa dengan Muhamad Arif . Arif memberitahu keluarga bahawa beliau ditahan bersama dengan 6 orang lagi pada hari yang sama. Arif juga memberitahu bahawa beliau tidak bersalah namun akibat pihak polis memaksa maka, Arif telah mengaku tuduhan keatasnya secara paksaan. Keluarga merasakan Arif berada dalam keadaan yang ketakutan dan asyik melihat pegawai polis sebelum memberitahu sesuatu kepada ihak polis. Ini telah menimbulkan kesangsian kepada ibu bapa. Maka, ibu bapa Arif bertanya berkali-kali, adakah pihak Polis telah memukulnya. Arif telah mengaku bahawa memang beliau telah dipukul dan diseksa dengan teruk. Beliau mengaku bahawa beliau telah dipukul oleh polis dibahagian kakinya dengan menggunakan kayu yang panjang dan wayar. Menurut Arif, walaupun beliau telah meminta untuk bantuan perubatan kerana kesakitan dibahagian kaki namun, permintaan beliau diendahkan sehingga hari ini.

2.0 PENCABULAN YANG BERLAKU

1. PENYEKSAAN DAN PEMAKSAAN UNTUK MENGAKU
2. RASUAH DAN PERAS UGUT
3. TUKAR GARI/ ROADSHOW
4. PENAHANAN TANPA BICARA

a. PENYEKSAAN DAN PAKSAAN UNTUK MENGAKU
Muhamad Arif yang merupakan seorang pembantu di sebuah syarikat di Segambut. Penyeksaan yang berlaku keatas beliau semasa penangkapan adalah satu pencabulan hak asasi yang serius dan polis sekali lagi manyalahgunakan kuasa mereka dan melakukan pencabulan hak asasi yang teruk. Muhamad Arif dipukul dibahagian kaki dengan menggunakan, kayu dan wayar. Ini adalah satu pencabulan manusia yang amat teruk. Menurut piagam Antarabangsa sebarang tahanan tidak kira penjara ataupun masih berada dibawah jagaan polis harus dilayan sebagai manusia dan mereka tidak boleh didedahkan kepada sebarang keadaan yang boleh membawa penyeksaan atau torture. Kami dari SUARAM dan LFL melihat isu penyeksaan keatas tahanan khususnya tahanan yang ditahan dibawah Penahanan tanpa bicara ini adalah satu pencabulan dan penyalahgunaan kuasa yang amat teruk.

Paksaan untuk mengaku keatas satu tuduhan yang tidak berasas ini menimbulkan persoalan bahawa adakah pihak polis cuba menggunakan satu cara yang short cut dimana menahan budak-budak remaja untuk menutup kes yang kerana polis tidak mampu untuk mencari pencuri yang sebenar? Adakah Muhamad Arif dan mangsa-mangsa yang lain ini menjadi mangsa keadaan polis akibat kegagalan polis untuk mencari pesalah yang sebenar? Sekiranya pihak polis mempunyai bukti yang kukuh keatas Muhamad Arif dan yang lain mengapa mereka tidak dibawah ke Mahkamah untuk perbicaraan? Mengapa mereka dipaksa untuk mengaku satu kesalahan yang tidak dibuat?

Maka, ini jelas menunjukkan bahawa pihak polis memang mencari jalan pintas untuk mencari pesalah sebenar dan mereka tidak melakukan penyiasatan yang sebenar sebelum melakukan sebarang kesalahan.

B. RASUAH DAN PERAS UGUT
Keluarga Arif juga telah menerima satu panggilan telefon daripada seorang pegawai polis yang tidak tahu nama dan pangkat serta balai mana, telah memberitahu bahawa sekiranya ahli keluarga Muhamad Arif mahukan Arif bebas maka mereka harus memberikan wang sebanyak RM 15000 kepada pihak polis.

Kami SUARAM dan LFL memandang amat serius terhadap perbuatan pegawai polis yang tidak bertanggungjawab ini yang menggunakan ugutan serta meminta wang sebanyak RM 15000 adalah rasuah dan ianya satu kesalahan yang amat berat. Malah, perbuatan polis untuk melakukan ugutan dan meminta rasuah adalah menjadi sesuatu yang amat biasa dalam sebarang penahanan tanpa bicara. Ini dengan jelas menunjukkan penahanan Muhamad Arif adalah malafide dan ianya bermotifkan jahat!

C. TUKAR GARI/ROADSHOW
Mengikut Muhamad Arif sebelum beliau dikenakan EO, beliau telah dibawa secara tukar gari ke beberapa balai polis. Beliau telah dibawah dari IPD Gombak ke IPD Kepong, keumdian ke IPD Jinjang, Pusat tahanan reman Bukit Jalil dan kemudian dihantar ke Balai polis Rawang. Proses tukar gari atau roadshow yang dilakukan oleh pihak polistelah menjadi satu lagi amalan yang semakin digunakan oleh polis kononya.

Dibawah Akta Kanun Tatacara Jenayah (Criminal Procedure Code). Di Malaysia CPC memperuntukkan beberapa perlindungan kepada tahanan dibawah penahanan tanpa bicara apabila pihak polis dikehendaki membawa suspek yang ditahan tanpa surat perintah kehadapan majisteret dalam tempoh 24 JAM. Jika polis tidak dapat menyelesaikan penyiasatan dalam tempoh 24 jam maka mereka harus memohon untuk perintah reman yang lebih lama.

Namun kebanyakan masa, sebagai cara untuk mendapatkan tempoh reman yang lebih lama, maka polis akan membawa tahanan ke hadapan Majistret-majistret yang berbeza untuk melanjutkan permohonan reman kononya untuk melakukan penyiasatan yang terperinci. Taktik ini kemudian diulang beberapa kali. Tukar Gari atau Roadshow ini oleh polis untuk meneruskan penyiasatan keatas tahanan dengan melebihi tempoh tahanan reman.

Tukar Gari ini sering dikaitkan dengan EO. Ini adalah kerana apabila polis gagal untuk kemukakan bukti keatas tahanan selepas beberapa pusingan reman, maka mereka seringkali menggunakan EO untuk menahan tahanan selama 60 hari kononya untuk melakukan penyiasatan yang menyeluruh.

Malah, SUHAKAM juga mengesyorkan bahawa bahagian 117 daripada CPC harus mengikut proses yang betul dimana sekiranya pihak polis gagal mendapatkan sebarang bukti terhadap suspek dalam masa 24 Jam, maka barula proses reman boleh digunakan, itupun sekiranya pihak polis mempunyai ground yang kukuh untuk menahan seseorang.

C. PENAHANAN TANPA BICARA

Isu utama dalam undang-undang pencegahan ini adalah Penahanan Tanpa bicara. Menahan seseorang individu ataupun manusia dibawah akta-akta yang tidak memberikan peluang untuk mendapatkan perbicaraan dan proses bela diri di mahkamah adalah sesuatu yang menyalahi undang-undang Hak asasi Antarabangsa dan Hak asasi seorang manusia yang fundamental seperti yang termaktub dalam Deklarasi Hak Asasi Manusia Sejagat 1948; Fasal 9,10,11 dan 13 Konvenan Antarabangsa Hak Sivil dan Politik 1966 Fasal 9 dan 12, Piagam Hak Asasi Manusia Malaysia Fasal 12 dan Perlembagaan Malaysia Fasal 5.

Tiada seorang pun bersalah sehingga dibuktikan di mahkamah adalah asas utama dalam persoalan penahanan tanpa bicara. Sekiranya ianya tidak dihormati dan dengan adanya kuasa yang berlebihan di tangan kerajaan dan polis maka, undang-undang seperti ini sering digunakan untuk mempertahankan kedudukan pihak kerajaan dan polis yang seringkali gagal untuk membuktikan sebarang individu yang ditahan dibawah akta-akta ini.

Amatlah memalukan bahawa kerajaan mengamalkan ‘double standards’ dalam isu berhubung ISA, EO dan LLPK. Di satu pihak, rancangan untuk mengkaji semula akta-akta ini dan penahanan terbaru secara sembunyi tanpa sebarang pengumuman dibuat adalah sesuatu yang kontradik. Ini lebih kepada Retorik daripada praktikal. Amalan kerahsiaan dan tidak bermaruah yang menyelubungi Akta-akta penahanan tanpa bicara ini jelas bercanggah dengan prinsip keadilan, kebenaran dan ketelusan. Ianya sekali lagi menggambarkan citra sebenar Akta-akta ini yang sangat arbitrari dan tiada kena mengena dengan keselamatan negara.

Kami menuntut:

1. Pihak polis dan KDN untuk membebaskan Muhamad Arif bin Abu Semah dengan segera atau bicarakan di mahkamah keadilan.
2. Muhamad Arif harus diberikan bantuan perubatan dengan segera
3. Muhamad Arif dan keluarga harus diberikan hak untuk mendapatkan dan menemui peguam dengan segera.
4. Akhirnya, sebarang undang tanpa bicara seperti EO, ISA dan LLPK/DDA (1985) harus dimansuhkan dengan serta merta!