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Full circles October 18, 2007

Posted by elizabethwong in Democracy, Event, Human Rights, Malaysia, Politics.
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I break my strict sabbatical to rejoice with my mates in Suaram today, when Malek Hussin, who was detained under the Internal Security Act 1960 (ISA) during the Reformasi period, won his civil suit against the police and the Government of Malaysia at the Kuala Lumpur High Court.

Malek’s lead counsel is R. Sivarasa🙂.

In a hard-hitting judgment, Justice Hisham Yunus essentially said, no person in Malaysia should be subject to torture, cruel and inhumane treatment in the hands of security personnel and that Malek’s detention was in bad faith.

Justice Hisham drove home this fundamental point: That the police must be above politics.

(I hope the Inspector-General of Police Musa Hassan comprehends this. Oui?)

It should be clear to everyone by now, why Malaysia remains one of the few recalcitrant states which refuses to sign the United Nations Convention Against Torture.

Or to put it bluntly, torture has become a useful tool to coerce confessions (real or imaginary), to obtain information (again, real or imaginary) or just for the heck of it.

The law enforcement agencies’ habitual use of torture and brutality, and with the government providing a shield of impunity, means there are fundamental flaws in the functioning of our criminal justice system.

At the same time one should note: – Many events, which transpired during the 22-year reign of former Prime Minister Dr. Mahathir Mohammad – from the disgraceful dismantling of the independence of the judiciary, to arbitrary arrests, detention and torture of dissidents – have come a full circle. There’s little doubt more will follow.

Next on the list – the 20th anniversary of the ISA sweep of 1987, known as “Operasi Lallang”, on 27 October 2007.

Comments»

1. jelas.info » flash: MAFREL Chairman awarded RM 2.5 mil for wrongful ISA detention! But will he see the money?.. - October 18, 2007

[…] See Eli Wong’s account. Tags-little […]

2. anonymous dud - October 18, 2007

don understand. the plaintiff wins, but is it the handout from tax payer money ? or ex-igp pension and bn’s pocket money ? or cutout from police budget ?

is the judge trying to be hero here. he’s sending message using this “case-law” to other reformasi to sue the government, since not only malik got detained. and how about batu buruk, toll protesters , oil price hike protesters, memali, etc ….. are they going to win the case by citing this case as reference ?

EW: It only applies if you file a lawsuit within a particular time-frame of incident. One can’t start filing cases only now, e.g. those that occurred in 1998/99. In Malek’s case, it will come from the taxpayers’ coffers as the suit is against the Government of Malaysia and the Royal Malaysian Police Force. I am unclear at this point, whether Malek also sued the former IGP too. Yes, the payout will be from the state, since the GoM acted in your name.

3. yh - October 18, 2007

anon dud

if thats the message, so be it. hell, at least let the government knows there’s law here and this judge sees that it is being upheld for the well being of the country.
my fear is that this judge who dares to stand out will be cold storage; like others who dont toe the line set by the corrupt CJ.
correct, correct, correct.

4. K.Shan - October 18, 2007

Looks like Nazri might need Tun Fairuz to stay on until the case be heard on appeal.Looks like VK will not be needed again anyway since we have a Minister for Judges.

Eli-i can see you going errmm on the Apcet case.

EW: What? You’re my friend because of the potential Apcet bonanza??!! hahahahaha!😛

5. Maverick SM - October 18, 2007

Eli,

Our Criminal Justice System is more of Innocents Criminalisation Chastised System. Innocents are framed or tortured to the extend that they will succumb to the pain by admiting guilt to a crime that they did not commit while those unlawful actors were being shielded by the “Superstructure” erected by the bourgeoisies.

The fact is evidential as can be observed in the Lingham’s video scandal. They are indicting those who whistleblow, not those actors in the video.

6. mat saman kati - October 18, 2007

Justice Hisham juga merupakan hakim yang membebaskan Gobi dan Ghani Haron di Mahkamah Tinggi Shah Alam dulu. Tahniah Yang Arif.

Semasa semua reformis yang ditangkap dibawa ke KEMTA, (Isham, Lokamn, Dr. Badrol Amin, Pak Abu), Isham pernah berkata, ” Where is Malek Husin? He should be here!.” Pak Abu jawab, “panjang cerita.. lain kali saja lah”

Eli, berapa lama Malik Husin ditahan dibawah ISA?

EW: 57 hari/malam

7. libraa2 - October 18, 2007

Malik may not get a single cent if this case finally goes to Federal Court with Ahmad Fairuz on the bench, unless of course Malik gets Lingam as his counsel and agrees to split the award 3 ways.

8. anonymous dud - October 18, 2007

the ex-IGP should have “get out of jail free” card. his duty as igp when exercising it is shielded and protected by agong, i think.

EW: Government of Malaysia (GoM)

9. chaptokam - October 18, 2007

I CANNOT POST THIS COMMENT ON MALAYSIA TODAY BECOS I CANNOT LOG ON BUT ANYWAY THE COMMENT BY HEE LEONG LING IS FROM NONE OTHER THAN LING HEE LEONG THE FAMOUS SON OF THE FAMOUS FISH HEAD TUN LING LIONG SIK. GOOD AND CLOSE BUDDY TO KJ.

EW: Er. Ok. Not that I have a direct line to Malaysia-Today…

10. ricky - October 18, 2007

My dear friends,

For me I am not celebrating just because the judge had handed down judgement in favor of the defence.

Think what would be the judgement if the famous lingamgate does not surface.

To me this positive judgement is just to pacified the growing anger of our judiciary system. They have no other choice but to give in a little, for now.

In a hard-hitting judgment, Justice Hisham Yunus essentially said, no person in Malaysia should be subject to torture, cruel and inhumane treatment in the hands of security personnel and that Malek’s detention was in bad faith.

Well, just you wait “Hendry Higgins” just you wait. Will this change for the better, that future causes by the oppositions, NGOs, BERSIH and other protest against the gomen by peaceful means will not end up in captivity and torture.

EW: It is quite apparent why junior judges have leapt ahead of J. Hisham Yunus to occupy seats in the Appeals and Federal courts. Pls study this earlier case:- In 2001, in a landmark HB case before J. Hisham Yunus at the Shah Alam High Court, both Gopalakrishnan and Abdul Ghani Haroon were freed. In his judgment, J. Hisham hit out on the continued use of the ISA on political dissidents. As the police were expecting the two to be freed, thus prepared for a rearrest, the lead counsel for the two men made an additional application from the floor, in order to prevent this. J Hisham allowed for this application. Pls refer to MLJ for details.

However, your scepticism of the judiciary spells out quite evidently, the acute lack of public confidence in this supposed august body, and is reflective of the general cynicism. There’s no doubt both the government and the judges are aware of this, but prefer to live in their little own world.

11. kittykat46 - October 18, 2007

Too early to celebrate, but I guess we have to count the little victories.
I’m sure the Government will appeal, and the behind the scenes machinations have probably already begun.
Judges get phone calls or little notes “guiding” them to rule in a certain way. Or the judicial calendar gets adjusted to ensure the case gets tried by a “cherry-picked” Appeals Court.

Am I being too cynical ?

12. woodyooi - October 18, 2007

Elizabeth,

Police above politics ? Kidding me, Police always get caught with the pants down..

Enjoy this bunch of collections about negative publicities by our Police force past few months

http://woodyooi.wordpress.com/2007/10/12/police/

We need a Police for our police force.

Peace

13. oA - October 18, 2007

.

The judicial is known to be controlled by the government.

This is nothing but PR on their part for all the crocks on judicial exposed so far OR maybe for the G.E.

.

14. wits0 - October 18, 2007

“Justice Hisham drove home this fundamental point: That the police must be above politics.”

Did the marine polis order a search for survivors in the Johore Ferry disaster before the yang berhormat says so?

15. fucai2007 - October 19, 2007

malek should saman rahim and Tun M instead and 2 of them to pay for it.
lee ban chen /s eye also damaged by polisi, dia orang kena bayar jugak.

16. RANJIT SINGH - October 20, 2007

Malik Hussin tuntut bayaran sebanyak RM 30 juta tapi Hakim beri sebanyak RM 2.5 juta saja…banyak lugi looo !!

17. wits0 - October 22, 2007

KK46: “Am I being too cynical ?”
Hardly, anything less is too improbable. The judge is gonna be an endangered specie too. This can only be the logical response from the Dark Side.


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