Zaid Ibrahim, you have my highest respect

This report from Malaysiakini is of immense historic significance as it reveals the clarity, courage and brilliance of erstwhile de facto Law Minister Zaid Ibrahim who resigned in protest against the recent spate of ISA arrests. Below is the Malaysiakini scoop in full, with a link to the complete text of Zaid's masterful speech at the LawAsia Conference 2008 today. If there are other thinkers of Zaid's caliber to be found in Umno, then there may still be a tiny spark of hope for Barisan Nasional. However, I have a distinct feeling Zaid Ibrahim will soon be thrown out of Umno just for speaking the truth.

ZAID: KETUANAN MELAYU HAS FAILED
Oct 31, 08 2:32pm

The 'Ketuanan Melayu' model has failed, declared former de facto law minister Zaid Ibrahim in an incisive speech at the LawAsia 2008 conference in Kuala Lumpur this morning.

"It has resulted in a waste of crucial resources, energy and time and has distracted from the real issues confronting the country," said Zaid, who criticised the race-based policy despite being a member of the ruling Umno party which was set up to safeguard Malay interests.

Zaid also noted that 'deputy premier in waiting' Muhyiddin Yassin had suggested the need for a closed-door forum for leaders of the Barisan Nasional (BN) to develop a common stand, a renewed national consensus grounded on the social contract.

"This is a positive step but it should include all political leaders and be premised on the social contract that was the foundation of independence," said the lawyer by training who was made senator and subsequently minister entrusted with the task of reforming the judiciary by Prime Minister Abdullah Ahmad Badawi following the March 8 general election.

He quit last month in protest against the arrest of three individuals under the Internal Security Act (ISA) which provides for detention without trial.

Zaid said March 8 was a clear indicator that the ruling BN coalition no longer exclusively speaks for the people.

He also underscored the importance of promoting discourse and dialogue so that Malaysians learn to talk and to listen to one another again.

"Communication and trust amongst the people must be re-established," he said.

The former minister called on the BN government to abandon its 'reworked' concept of the social contract and embrace a fresh perspective borne out of discussions and agreements made in good faith with all the communities.

"It is time for us all to practise a more transparent and egalitarian form of democracy and to recognise and respect the rights and dignity of all the citizens of this country."

Mukhriz singled out for criticism

Singling out Mukhriz Mahathir for criticism, Zaid said the Umno Youth chief aspirant typifies what is perceived as the kind of Umno leader who appeals to the right-wing of Malay polity.

Zaid also referred to the recent remarks made by the son of former premier Dr Mahathir Mohamad that there was no need for law and judicial reforms as it would not benefit the Malays,

"That he may be right is sad as it leads to the ossification of values that will only work against the interests of the party and the nation," Zaid lamented in his 16-page speech.

"This type of thinking may pave the way to a suggestion in the future that we may as well do away with general elections altogether as they may not be good for the Malays for, if the justice that a revitalised rule of law would allow for is not to the benefit of the Malays, what is? More inefficiency, more corruption and a more authoritarian style of government perhaps.

"We are a deeply divided nation, adrift for our having abandoned democratic traditions and the rule of law in favour of a political ideology that serves no one save those who rule."

According to Zaid, the obsession with the Ketuanan Melayu doctrine has destroyed something precious in Malaysians.

"It makes us lose our sense of balance and fairness. When a certain Chinese lady was appointed head of a state development corporation, having served in that corporation for 33 years, there were protests from Malay groups because she is Chinese," he said referring to the controversy involving the appointment of Low Siew Moi as acting head of the Selangor Development Cooperation (PKNS).

"A new economic vision is necessary, one that is more forward looking in outlook and guided by positive values that would serve to enhance cooperation amongst the races. This will encourage change for the better, to develop new forms of behaviour and shifts of attitudes, to believe that only economic growth will serve social equity, to aspire to a higher standard of living for all regardless of race.

"We need to meaningfully acknowledge that wealth is based on insight, sophisticated human capital and attitude change. A new dynamics focused on cooperation and competition will spur innovation and creativity.


"Some might say that this is a fantasy. I disagree. How do we go about transforming the culture and values of the bumiputeras so that their ability to create new economic wealth can be sustained?

"By changing our political and legal landscapes with freedom and democracy."

On that note, Zaid said Mahathir was right to have asked the Malays to embrace modernity but the 82-year-old statesman fell short by only focusing on the physical aspects of modernity.

"He was mistaken to think all that was needed to change the Malay mindset was science and technology. He should have also promoted the values of freedom, human rights and the respect of the law.

"If affirmative action is truly benchmarked on the equitable sharing of wealth that is sustainable, then we must confront the truth and change our political paradigm, 40 years of discrimination and subsidy have not brought us closer. There is a huge economic dimension to the rule of law and democracy that this government must learn to appreciate."

Conflicts of jurisdiction require resolution

Zaid conceded that relationship between Islam, the state, law and politics in Malaysia is complex.

"How do we manage legal pluralism in Malaysia? Can a cohesive united Bangsa Malaysia be built on a bifurcated foundation of Syariah and secular principles? Will non-Muslims have a say on the operation of Islamic law when it affects the general character and experience of the nation? This is a difficult challenge and the solution has to be found."

He quoted leading Muslim legal scholar Abdullah Ahmad an-Na'im who believed that a distinction should be made between state and politics.

Prime Minister Abdullah Ahmad Badawi, he noted, believes that Islam can be the mediating instrument between state and politics through the principles and institutions of constitutionalism and the protection of equal human rights of all citizens.

"Whatever the formula, we can only devise a system that rejects absolutism and tyranny and allows for freedom and plurality if we are able to first agree that discourse and dialogue is vital. Democracy and respect for the rights and dignity of all Malaysians is the prerequisite to this approach."

Zaid stressed that the conflicts of jurisdiction in Malaysia require resolution.

The civil courts, he said, are "denuded of jurisdiction" to deal with matters that fall within the jurisdiction of the Syariah court.

"No court has been given the jurisdiction and power to resolve issues that may arise in both the Syariah courts and the civil courts. The present separation of jurisdictions presupposes that matters will fall nicely into one jurisdiction or the other.

However, human affairs are never that neat. What happens to the children of a marriage where one party converts to Islam and the other party seeks recourse in the civil court? Or when the Syariah Court pronounces that a deceased person was a Muslim despite his family contesting the conversion?

"Or where the receiver of a company is restrained from dealing with a property by a Syariah Court order arising out of a family dispute?

Where do the aggrieved parties go? I had suggested the establishment of the constitutional court, but that plea has fallen on deaf ears."

Malays not under seige

The former minister had also touched on the use of draconian measures, which according to him have seen a marked increase in dealing with political and social tensions.

"Some people say that groups such as Hindraf (Hindu Rights Action Force) advocate violence and therefore this justifies the use of such measures. They may have overlooked the fact that
violence begets violence.

"Was not the detention of Hindraf leaders under the ISA itself an act of aggression, especially to people who consider themselves marginalised and without recourse?

"It is time that the people running this country realise that we will not be able to resolve conflicts and differences peacefully if we ourselves do not value peaceful means in dealing with problems."


Zaid argued that the situation had been aggravated by the absence of an even-handed approach in dealing with organisations such as Hindraf.

"While I applaud the prime minister for calling upon the Indian community to reject extremism, should not a similar call be made on the Malay community and (Malay daily) Utusan Malaysia?

I call on the prime minister, both the outgoing and the incoming, to deal with such issues fairly. Start by releasing the Hindraf leaders detained under the ISA. The release would create a window for constructive dialogue on underlying causes of resentment.

I also appeal for the release of (Malaysia Today editor) Raja Petra (Kamarudin) from ISA detention. He is a champion of free speech. His writings, no matter how offensive they may be to some, cannot by any stretch of the imagination be seen as a threat to the national security of this country."

The Malays, Zaid said, are now a clear majority in numbers and the fear of their being outnumbered is baseless.

"They are not under seige. The institutions of government are such that the Malays are effectively represented, and there is no way the interest of the Malays can be taken away other than through their own weakness and folly."

BRAVISSIMO, ZAID! I DO HOPE YOU WILL WORK WITH ANWAR AND THE PAKATAN RAKYAT GOVERNMENT TO ACHIEVE WHAT YOU WERE UNABLE TO DO WITH ABDULLAH BADAWI. AFTER ALL BOTH YOUR FATHERS WERE NAMED IBRAHIM AND, TOGETHER, YOUR FIRST NAMES COMPLETE THE ALPHABET!

[Read the full text of the 16-page paper presented by Zaid Ibrahim at LawAsia 2008 on 31 Oct 2008: Malaysia - a lost democracy?]

Return of the Son of the Incurable Dr M?

I wrote this essay exactly five years ago to commemorate the long-overdue retirement of Dr Mahathir as prime minister. On November 1st, 2003, the whole country breathed a huge sigh of relief to see the smiling, avuncular face of the new PM "Pak Lah" on the front pages of all the dailies. Interesting to revisit my thoughts and feelings on that occasion. Especially now that many are heaving another huge sigh, this time of utter weariness, at seeing the ghost of Mahathir attempt to kill the ghost of Altantuya...


TRICK OR TREAT? Saying "Hallo" To Changes On Halloween

ON OCTOBER 31ST, 2003, I awoke with a big bellyache – something I rarely experience as my guts are pretty resilient. I had to skip breakfast, my favorite meal of the day, and meditate on where the problem might have originated. Was it something I ate? I recall feeling a slight unease in the stomach area as early as yesterday morning but it subsided enough for me to ignore it.

Then I thought about the incurable Dr M. He’s scheduled to “retire” today... isn’t he? Hard to believe he won’t still be calling the shots from behind the curtains, he’s such a power junkie, we’ll have to watch this space.

And I remembered that not so long ago, a large number of us were real mad at him for sending his goon squads out to intimidate, beat up and incarcerate all those clamoring for political change by going out on the streets. Things got so heavy national laureate Shahnon Ahmad felt compelled to publish a novel called SHIT – a sort of post-colonic polemic against stubborn old turds that won’t make way for younger hotshits. I didn’t make it past the first chapter but the book was indeed a provocative artifact documenting the acute constipation of our political process. [Umno backbenchers raised a big stink and Parliament quickly passed a motion to revoke Shahnon Ahmad's national laureateship, which led to his joining PAS.]

Uneasy stomachs are an indication that something’s not quite right. Could it be simple greed? Did we eat too much junk food too fast? Perhaps the buffet wasn’t all that fresh? Did we eat the mussels – they looked so tasty – maybe they were a bit off? Did flies lay eggs on the sambal belacan? Did someone slip some arsenic into the nasi lemak?

The stomach is the seat of the solar plexus, home of the ego. When someone complains of sakit perut, the cause is often ego insecurity. Why should we be egoically insecure, just because our Great Leader has announced his departure from the prime ministership? Isn’t the ship of state in capable hands? Surely, the tragic tale of the Titanic isn’t about US?


Is it possible that a sizeable number of Malaysians support the status quo because we see in Dr M the sort of chest-thumping alpha-male gorilla we secretly want to be? He has been performing all his daredevil feats on the nation’s (or at least his sons’) behalf – frogmarching the economy out of the IMF’s way through the fiscal crises of 1997-98 while singlehandedly beating back the angry mobs marching out of mosque gates and into the streets, scaring shopkeepers, tourists, and Umnopotentiaries.

This sort of acrobatics certainly takes a whole lot of gall and sheer guts to pull off. Indeed, one is reminded of the Baobab in St Exupery’s Le Petit Prince which sucks up all the nutrients from the soil, so nothing can grow in its monstrous shadow except the most unscrupulous weeds.

Perhaps there have been moments when the indomitable Dr M was forced to wear rubber liners so no one would notice his nervous diarrhea: bringing Anwar Ibrahim to trial was indeed a hairy and scary affair. True, Mahathir had 17 years of political incumbency in his favor – plenty of time to create a whole generation of bureaucratic drones. Still, you had to have skin as tough and thick as a rhinoceros to call yourself a judge or attorney-general or the chief of police in Dr M’s regime. Even playing head of medical services required a stiff shot of Chivas three times a day after meals, what more being assigned the unenviable task of editor-in-chief of a national daily?

Never in the nation’s memory since 1969 has the horizon of decency been so totally obscure – and this isn’t something like the annual smog we can pin on the Indons. The moral murk simply won’t blow or wash away, despite disastrous flood-bringing monsoons. It’s something every proud Malaysian has had to accept and live with – if he or she isn’t particularly keen to have PAS rise to power and separate the sexes by hudud and turn the country into another Iran – thereby replacing a secular tyranny with a religious one, O the Irany of it all!

Then along came Dubya and the Neocon White House in 2000 - even as the world sighed in short-lived relief that we had rolled over into Y2K without apparent mishap or a cybernetic apocalypse. In very short order, the astonishing behavior of the world’s remaining superpower, New Rome aka the USA, began to eclipse financial and political improprieties closer to home.

But soon it began to dawn on a sleepy-eyed humanity that carpetbagging and skulduggery are as pivotal to power plays as Rodgers and Hammerstein or Lerner and Loewe to musical plays. With the benefit of hindsight and increased historical insight, we recognized that the inheritance and maintenance of earthly power has been an outrageous scam from the Year Dot, regardless of what costumes the players wear. Politically, the rakyat are still wearing balls and chains in Plato’s Cave, mesmerized by the wayang kulit extravaganza put on by a wily priesthood of black magicians, today known as doctors of spin (because they love making the masses dance to their tune).

Dr M’s pointed tirades against the Bush push for Global Empire were excellent PR. They served to distract local yokels from the stench of unwashed urinals at home and unify them against what was clearly seen as a larger threat – the Return of the Ugly American.

“We must outlaw war on earth,” the Brilliant Statesman declared to the international press on the eve of the barbaric bombing of Baghdad. And a week later he would mollify his discomfited generals with a fresh order of jetfighters or submarines.

“The Jews rule the world by proxy,” he would remark at the OIC conference with stunning political incorrectness, while throwing another rubber bone to the baying Ketuanan Melayu faction, to keep them from burning down the Chinese Assembly Hall (where industrious little yellow Jews are manufactured under licence from the Awakening Dragon).

And once again we have to admire, even if reluctantly, his absolute foxiness and firm grasp of statecraft. What better way to win hearts and consolidate the Islamic world at a time when most of us are speechless with horror at Ariel Sharon’s unimpeded Palestinian holocaust. For the first time in 22 years, I find myself feeling almost proud that our beloved country has spawned such a feisty uncrowned monarch.

Now if his final act as prime minister is to unconditionally release Anwar Ibrahim from wrongful confinement in a gesture of clemency and reconciliation, even his worst detractors will soon stop calling him Mahafiraun Zalim (the Cruel Pharaoh) and regale his reign as one of monumental achievements amidst tumultuous uncertainties.

The good news is that I sometimes see myself in all these strutting and fretting manifestations of Macbeth – and therefore cannot persevere in my righteous indignation at their perceived misdemeanors. At the end of the day, they are no more inhuman than any of us who has ever been irritated to the point of destroying a particularly troublesome ant colony. For these are colossal, demiurgic egos who view the great unwashed as only good for casting ballots or shooting bullets at official enemies.

Well, here’s more good news: modern incarnations of ancient gods are a dying breed and will soon become extinct – unless they evolve into ethical aesthetes and use their innate charisma for artistic purposes, to produce beauty and truth – instead of more fear and greed and ecocide.

This Halloween, I make my peace with Dr Mahathir [again!]. For all the unsympathetic judgments I have passed on his actions as a prime minister - and for all the unkind thoughts I have held in my heart as regards his well-being - I privately and publicly apologize.* He has only tried, like his precedessors, to be a Father to the Nation; and, as is inevitably the case within every family, there will always be a rebellious son or daughter to contend with, who won’t buy Bapak’s little lies and who can see only his feet of clay.

My own dad used to think fluorescent tubes are a wonderful idea – I vigorously disagree. Some of my best friends are convinced that the 3D Matrix is all there is to existence – I absolutely disagree. Most of the world still believes that Time is Money and that Money is the Bottom Line. As for me, I stubbornly believe (like José Argüelles) that Time is Art and the Bottom Line is Truth – Truth tempered with Love.

There comes a time when every prodigal son or daughter becomes a parent in their own right – and we are suddenly confronted by a thousand grey areas, a million-and-one anxieties, an infinitude of conflicting agendas to balance and juggle against a tidal wave of unforeseen changes. Suddenly, we see the futility of blaming our parents for the way we turned out. We stop hating them for having been overly harsh, heavy-handed, too busy, too ignorant of or totally indifferent to our emotional needs.

Who we are and what we shall become are entirely in our own hands.

But it certainly helps to first reconcile, redeem and heal our past with compassion, understanding and non-judgmental love. Then it would no longer seriously concern us who’s steering the ship, driving the bus or piloting the plane – unless they happen to be power-drunk on duty and their bad performance puts us at risk, in which event it should be a simple matter to get them sacked at the earliest opportunity. Just as you don’t normally want to know the cabbie’s name unless he cheats you or is unacceptably rude, why should we worry whether the prime minister’s name is Anwar, Archibald, Balbir, Chee Cheong Fun, Dorairajah, Delilah, Elijah, or Nurul Izzah?**


Happy Halloween, folks! Don’t be so easily spooked. Remember, politics is just a bunch of rowdy kids in scary costumes out for some tricks or treats.

Antares
31 October 2003

-----
* Hard to keep my promise. That Metallic-voiced Megalomaniac is so goddamn irritating, I'll have to deliver one more tight slap before I apologize all over again.

** Notice I deliberately omitted the name Mukhriz. No way this land can survive being ravaged by TWO Mahathirs. And that smug-faced Son of the Monster Magnet doesn't have a single original idea in his head anyway.

It depends on who you regard as "errant"...

Today's breaking story in Malaysiakini presents a strong whiff of what's in store for us - that is, if the master of all manipulators, Mahathir Mohamad, gets his way (as he did for 22 long years, from 1981-2003).

Only yesterday (though it seems like at least a month ago) Bar Council president Ambiga Sreenevasan commended newly appointed Chief Justice Zaki Azmi on his "tough" maiden speech wherein he vowed to take action against "a small group" of "errant" judges.

I guess it depends on who the new CJ regards as "errant" - what if he's subtly referring to judges who have refused to play the Umno game? After all, Zaki Azmi has dedicated his entire adult life to serving his political party. It's well nigh impossible to see how he can possibly perform his duties in a non-partisan manner. In his shoes I would disqualify myself and graciously decline the post, in order to save the Malaysian judiciary from falling into further disrepute and ignominy.

Then another headline caught my eye: "Justice Chin to resign on Dec 1." Now here's one judge the Malaysian public would like to see promoted, for having the courage to blow the whistle on Mahathir's Soviet-style judicial "boot camps."

On June 13, the Bar Council president responded to Justice Ian Chin's stunning revelations by saying: "Should we not be alarmed by the chilling disclosure of a ‘boot camp' which strikes at the very heart of the independence of the judiciary and separation of powers?" She then called for a serious investigation into Ian Chin's allegations of the Executive (meaning, Dr M) attempting to influence younger members of the Judiciary by packing them off on "compulsory retreats" where they were subject to pep talks by Dr M ideologues.

Things are indeed unfolding swiftly. Zaki Azmi was appointed Chief Justice despite nearly 26,000 concerned citizens and members of the legal profession signing a petition to the Agong, beseeching him to restore the judiciary by appointing the seniormost judge to this pivotal position (rather than someone long associated with Umno, no matter how qualified he may be).

The very next day, the Federal Court presided over by the new CJ tosses out Dr Munawar Anees's appeal, thereby shutting the door firmly on Umno's shameful past and saving Mahathir's reputation from being dragged through the mud. No justice for Dr Munawar Anees means no justice for Anwar Ibrahim - and, by extension, no justice for the rakyat either.

May I humbly suggest that the new Chief Justice persuade Ian Chin to withdraw his resignation, as such honest judges are rather hard to come by. Indeed, Ian Chin's commitment to justice and truth ought to be rewarded with a promotion. If the new CJ lets a good man like Ian Chin go, it would give the rest of us cause to suspect that his definition of "errant" is totally at odds with the rakyat's.

UMNO: Moving all the way to the right

Viewed these videos from Malaysiakini earlier and couldn't help getting incensed by the kurang ajar (uncouth) attitude shown by the Polis Di Raja Malaysia - little wonder so many call them the "Polis Raja Di Malaysia" and fear Malaysia has become "a police state."



Yet we can hardly put all the blame on lowly-paid personnel in uniform recruited and trained to carry out orders from their superiors without question. Were they ever told - and repeatedly reminded - that their primary task is to serve the rakyat, not the interests of a political party named Umno?

Former IGP Abdul Rahim Noor told an outright lie, denying any knowledge of how Anwar Ibrahim got so badly bruised while under police custody, when he himself assaulted the erstwhile deputy prime minister (and, according to subsequent sworn testimony, had to be held back by his colleagues or he might have beaten the helpless prisoner to death).

How does a person with so little self-control and absolutely no comprehension of the law, not to mention a sense of justice, get to be Top Cop in Bolehland?

Well, why do some people spend so much money buying Rottweilers? This aggressive breed of canine apparently originates from Roman times when they were used to herd and guard livestock. I read with interest what the Wikipedia has to say about Rottweilers:

The Rottweiler is a steady dog with a self-assured nature, but early socialization and exposure to as many new people, animals, and situations as possible is very important in developing these qualities. The Rottweiler also has a natural tendency to assert dominance if not properly trained. Rottweilers' large size and strength make this an important point to consider: an untrained, poorly trained, or abused Rottweiler can learn to be extremely aggressive and destructive and, if allowed to run at large, can pose a significant physical threat to humans or other animals. They can be strong-willed and should be trained in a firm and consistent manner. The owner must be perceived by the dog as the leader. If the owner fails to achieve this status the Rottweiler will readily take on the role. Aggression in Rottweilers is associated with poor breeding, poor handling, lack of socialization, natural guarding tendencies, and especially abuse. [emphases added]

Anyone can see the dangers of allowing an errant police force free rein to bully members of the public they perceive as powerless and harass those named as enemies of their political masters. If your child gets savaged by a Rottweiler, the dog's owner must be held fully responsible. I'm willing to bet money that owners of vicious dogs are themselves nasty pieces of work and have serious issues with abuse of power.

Inevitably we are forced to conclude that rightwing political parties like Umno tend to favor fascistic policing of the general populace. Simply because rightwing politics appeal to the extremely rich who realize that the social status and privileges they enjoy are usually gained at the expense of a docile and ill-informed rakyat.

Truly democratic governments tend to lean to the left, emphasizing community benefits over individual profits. America, for example, started out preaching Athenian-style democracy; but as a small segment of society began to accumulate vast amounts of wealth and property, fascism took root in the form of massive militarization and an increasingly brutal police force.

The CIA was known to recruit most of its officers from Yale University, headquarters of the secretive Skull & Bones fraternity, mainly because the Agency was primarily focused on preventing a worldwide popular uprising against tyranny (which would upset the supercapitalist apple cart). Since a large number of Yale alumni are the scion of well-heeled families, this would ensure that the Agency would always serve the vested interests of the privileged class - and not the American people in general.

We are witness to a massive awakening in Malaysia. Third and fourth generation Chinese and Indians no longer view themselves as immigrants; they have grown a deep root in Malaysian soil. Their grandparents and parents struggled hard to carve a niche for themselves - and now the young Malaysian is plugged into a fast-evolving planetary mind that transcends artificial boundaries. Even the grandchildren of native rice-farmers, fishermen and rubber tappers have been exposed to the world and will no longer tolerate being rudely addressed by public servants, no matter how high their rank - and, of course, the Polis Di Raja Malaysia are really just another branch of the civil service, entrusted with maintaining law and order - without fear, favor or prejudice.


The sort of police misbehavior we have seen in recent times - from the mishandling of public rallies like Bersih and Hindraf to the commando-style arrest of Anwar Ibrahim over a spurious accusation of sodomy - reveals the kurang ajar nature of the Umno-led Barisan Nasional.

Imagine harassing and browbeating a small group of Indian women for attempting to petition the prime minister over a perfectly legitimate grievance. They were merely hoping against hope that their menfolk detained under the ISA would be released in time to celebrate Deepavali, that's all. Why weren't they allowed to hand the Deepavali greeting to an official from the Prime Minister's Department? They would have simply turned around and gone home, mission accomplished. Can't let these Indians get too uppity, I suppose. Loyar buruk semua! Next they'll be demanding equal status as citizens!

Zorro's Fart Chamber is too merciful a punishment for Hamid Albar and his Umno colleagues. They deserve to also be vomited, urinated and defecated on. As home minister, the despicable Potatohead Gestapoman must bear full responsibility for the way his police force is further worsening the Barisan Nasional's already stinking image of arrogance compounded by stupidity. However, for Abdullah Badawi and his deputy to say and do nothing every time something like this happens implies that they are totally aligned with this damning example of Umno's unpardonable pigheadedness and dangerous jingoism.

AN OBSCENE TRAVESTY OF JUSTICE

From Malaysiakini: 
Court documents 'incomprehensible', 
appeal put off
Oct 28, 2008 12:58pm

The 13-year court battle of migrant worker activist Irene Fernandez has again run into problems as parts of the 9,000 court documents on the case are said to be ‘incomprehensible.’

Fernandez’s lawyer M Puravalen said that portions of the notes written by the trial judge were unclear.

The judge decided to postpone the appeal hearing to November 24 when the defence is expected to submit its objections to the court documents.

Fernandez, 62, was sentenced to 12 months' imprisonment in 2003 after being found guilty by the Kuala Lumpur Magistrate's Court of maliciously publishing false news. She was allowed bail pending appeal.

In 1995, Fernandez exposed the poor conditions at immigration detention centres in a memorandum entitled ‘Abuse, Torture and Dehumanised Conditions of Migrant Workers in Detention Centres.'

She was arrested and charged under Section 8A (1) of the Printing Presses and Publications Act 1984 a year later.

The maximum penalty upon conviction is three years' imprisonment or a fine not exceeding RM20,000, or both.

The appeal mention date has been postponed four times due to several technical glitches since April, when papers containing her appeal went missing.

Her case has become the longest-running trial in Malaysian history.

ABOUT THE TRIAL OF IRENE FERNANDEZ, DIRECTOR OF TENAGANITA, MALAYSIA

14 October 2003

Day for judgement brought forward

The day for the Judgement on the trial of Irene Fernandez, the longest running trial in Malaysian legal history was abruptly brought forward to 14th October 2003.

When the defence wound up its case in March this year, the Magistrate asked the prosecution and defence counsels to make written submissions and set March 17, 2004, as the day when the verdict would be delivered.

However, on Friday, 10th October 2003, the defence lawyers were informed that judgement would be delivered on Tuesday 14th October 2003 and asked that the written submission be handed in by Saturday, 11th Oct 2003.

The sudden change of date has placed Irene and Tenaganita in a difficult situation; The leading counsel for Irene is abroad on a fact finding mission and her other lawyer is engaged in another matter in the high court. Therefore it has not been possible for the defence to make its written submission and furthermore Irene's lawyers will not be able to be present in court on 14th October when the verdict is delivered. The abrupt decision to conclude the trial in this manner appears to constitute a miscarriage of justice.

Background

* Irene Fernandez was arrested by the police at her home on 18th March 1996. She was charged under Section 8A(1) of the Printing and Publications Act 1984 for "maliciously publishing false news" through the issue of a memorandum entitled, "Abuse, Torture and Dehumanised Treatment of Migrant Workers at the Detention Camps". The maximum penalty for this offence is imprisonment for a term not exceeding three years or a fine not exceeding RM20,000 or both.

* Bail was posted at RM3,000 and her passport was impounded as part of the bail condition. Each time she wants to leave the country for any reason she has to make an application to the court for the release of her passport.

* The Memorandum, "Abuse, Torture and Dehumanised Treatment of Migrant Workers at the Detention Camps" was released by Tenaganita in August 1995. The findings in the Memorandum comprises information that Tenaganita received from interviews with more than 300 ex-detainees during the course of its research on "Migration, Health and HIV/AIDS."

* The interviews with the ex-detainees showed consistent abuse, torture, denial of access to lawyers, denial of proper medical care, widespread diseases, lack of food and water and even deaths in the detention camps due to negligence on the part of the authorities. The Memorandum describes treatment of detainees in a manner which violates Article 5 of the Universal Declaration of Human Rights, which prohibits torture or cruel, inhuman or degrading treatment or punishment.

The facts contained in the memorandum gave rise to expressions of concern by individuals and organisations locally and internationally. The Malaysian authorities, instead of investigating the allegations, promptly denied that anything was amiss and instituted criminal proceedings against Irene.

"On the first day of my trial, I had stated to the press that since the government had refused to conduct its own independent inquiry, this trial will then become the public inquiry I asked for. We hope that through the trial, the truth will be revealed. As far as we are concerned, we raised, in a legitimate way, with authorities, issues of public concern, e.g.:- problems faced by migrant workers, inside and outside detention centres." (Irene Fernandez, June 1997)

* On May 30th, 1996, on the advice of her lawyers, Irene made an application to transfer the case from Magistrate Court to High Court. One of the reasons for the application for transfer is that the case will be best adjudicated in the High Court. This is because Section 8A of the Printing and Presses and Publications Act, 1984, under which Irene is charged, seems to negate Article 10 of the Constitution, which guarantees the right to freedom of expression. And the key issue of the treatment of migrant workers at the detention centres has become a national and international concern. However, on 05 June 1996, judge Hashim Yusof, dismissed the application for transfer to High Court.

To date, the trial of Irene Fernandez is the longest running trial in Malaysian legal history. During this period, Irene has been in court for over 310 days of full hearing and she has made over 30 applications for the release of her passport to travel to foreign countries to represent the organisation and for medical treatment.

The trial of Irene Fernandez was postponed for about two years as the court would not provide a Bengali interpreter. It reconvened on 14th January 2003.

On 17th March 2003 the defence lawyers for Irene wound up the defence case. The decision by the defence to conclude its case was made after it had made several unsuccessful attempts to get women witnesses who had been detainees more than seven years earlier. On the same day the Magistrate set March 17th, 2004 as the day the judgement would be given after receiving the submissions from the defence and prosecution.

However the day of judgement was suddenly brought forward to 14 October 2003.

THE TESTIMONIES

During the trial, Tenaganita brought five former detainees from Bangladesh to testify on her behalf. They testified on conditions in four different detention camps: Semenyih, Kemayan, Tanah Merah and Langkap. The testimonies of the five former detainees were much more graphic and painted a picture of the conditions in the detention centres that were far worse than what was described in the Memorandum. Almost all the former detainees were in tears describing the torture and sexual abuse that they had experienced. Although these witnesses were rigorously cross-examined by the prosecution their testimony was unshaken. On the other hand, the prosecution claimed that the police had interviewed 36 former detainees during the course of its investigations but not a single detainee was produced in court to testify on behalf of the prosecution.

Golam (former detainee): Golam says he will never forget the repeated beatings they suffered in the camp. "The police always beat us with a police stick. They beat us on our heads, bodies and legs for no reason. Sometimes they just came and beat up everybody - it was an everyday routine. They would beat us if they found us talking, not sleeping at night or for any reason at all."

The detainees lived in constant fear, their hearts always tense. "We became unconscious after the beatings. There was no bleeding but we were in serious pain all the time. No police came to help us, but we helped each other. I never found a doctor in the camp." [Source: March 11, 2000 Malaysian 'death camps': A survivor recounts, Ajinder Kaur, Malaysiakini]

Mozumder (former detainee): Mozumder told the court that 120 Burmese inmates were forced to perform oral sex on one another.

"Police were watching how was their penis size, how they (the inmates) were performing, whether they were sucking the penis or just putting it in their mouth," he said, in reply to a question by the defence counsel.

He added that the inmates who were forced to suck the penis immediately rushed to the toilet after the act was over.

"Most of them closed their mouth with their hand and ran towards the toilet to vomit. Those who had oral sex performed on them stayed standing in the field. Their faces were pale, shamed. Most of them started crying. Some of them covered their eyes with their hand and some of them looked down to the ground," he recalled. He testified that he could not eat his meals after witnessing the incident. [Source: Friday, May 12, 2000, Sick inmate died after being kicked by police, Ajinder Kaur, Malaysiakini]

Zakir Hossain (former detainee): "His whole body was swollen - his arms, legs, knees, face and stomach," said Zakir Hossain, 37, who was detained in Kajang's Semenyih camp for illegal immigrants six years ago.

"When I told the police, the reply was, "If the doctor comes, you can explain to him." The policeman knew how sick he was because he had seen him. The sick inmate told the police, "I'm very sick, I can't move my hands and legs. Please call a doctor..."

Zakir told magistrate Juliana Mohamad that he asked the police to get a doctor about a week before the sick inmate passed away.

"He was in pain and he sometimes screamed, "My whole body is painful, please help me". He cried. I couldn't do much, but gave some consoling words that he would get well one day. I didn't think he would die because I thought the doctor would visit him," he added.

"Seven to eight days before he died, he could move his body slightly but with a lot of effort. He could eat with other's help. Someone had to carry him to the toilet," he recalled.

Zakir said that the sick inmate's condition got worse, and he was told of his death five to seven minutes after he passed away.

"He died in Block C, late in the evening. I saw his body. It was lying on the floor. His face was not covered. [Source: - June 28, 2000, Inmate died without medical help, says witness, Ajinder Kaur, Malaysiakini]

TENAGANITA
Penthouse, Wisma MLS
31 Jalan Tunku Abdul Rahman
50100 Kuala Lumpur, Malaysia
Tel: 6 03 26913681 Fax: 6 03 26913681
Email: tenaganita@yahoo.co.uk

Posted on 2004-01-09

WHO IS ANSWERABLE FOR THESE ATROCITIES?


Mahathir Mohamad, Minister of Home Affairs (1986-1999) and Megat Junid Megat Ayub, Deputy Home Minister (1986-1997).

I recall that in 1995, when Irene Fernandez submitted the Memorandum from Tenaganita on the unbelievably cruel treatment suffered by migrant workers detained by the Immigration Department, it caused the Mahathir administration acute embarrassment.

There was talk in the streets that then deputy home minister Megat Junid (right) was personally implicated in the whole ugly affair as his brother (or brother-in-law) owned an employment agency responsible for importing Bangladeshi and Burmese workers and cruelly mistreating them. Which explains why the police were ordered to launch a vicious attack against Irene Fernandez - "wicked messenger" and bearer of bad tidings - rather than investigate the serious allegations documented in the Tenaganita memorandum and prosecute those responsible for these inhuman acts.

In those days there was no Malaysiakini or Malaysia Today - and no bloggers too - and so the shameful matter was easily ignored or played down by the BN-controlled mainstream media. Only Aliran and the international press kept the Irene Fernandez case in the news. Megat Junid died of prostate cancer on 24 January 2008, leaving a long wake of scandals; but his boss Mahathir Mohamad is still alive and stirring up a whole load of shit.

After 13 years, it's high time the Malaysian government apologized to Irene Fernandez by dropping all charges against her and awarding Tenaganita RM13 million in long overdue compensation - one million for each year the stupid trial has dragged on.

But first we shall have to boot out that pea-brained poison-toad Umno politician in the Home Ministry who goes by the name Syed Hamid Albar - son of Syed Jaafar Albar, the infamous "Malay Ultra" from Yemen who, in 1965, suggested arresting Lee Kuan Yew under the ISA and imposing martial law on Singapore for the PAP's opposition to "Ketuanan Melayu." Bapa borek anak rintik (like father, like son).

A Deepavali Prediction

A dear friend I've known for more than 40 years showed up yesterday with a beautiful companion. I already had several other visitors who came to spend a mellow Sunday afternoon at the river. As usually happens when a group of convivial friends assemble on my scenic veranda, we soon were discussing the political impasse that has brought deep furrows to many a Malaysian brow.

There was talk of the obscene manner in which the Umno old guard was throwing their financial support behind Najib's quest for prime ministership out of sheer desperation. Their fear and panic are quite understandable. Indeed, they are essentially fighting to save their own skins, and certainly not because they give two hoots about the welfare of this country. The possibility of a Pakatan Rakyat government is all too real to them - notwithstanding the jeers and taunts of ill-wishers and establishment pundits who point fingers and wag tongues at the apparent "failure" of Anwar Ibrahim's 916 takeover plan.

Umnoputera capitalists who built their business empires on the fast track during Mahathir's 22-year reign, are petrified by the thought that a new government will implement genuine reforms of the judiciary, the Anti-Corruption Agency and the police; unmuzzle the mainstream media and - in the process of a massive spring cleaning - uncover a terracotta army of cobwebby skeletons, thereby exposing them to prosecution and public humiliation, leading to enforced exile or even imprisonment.


Anyway, my old friend said something that pricked all our ears. Apparently, he has been consulting a medical astrologer named Dr K who practises traditional Indian horoscopy in combination with powerful astrological software. Not only can he generate detailed horoscopic charts on his computer in a matter of seconds, he also happens to be unerringly intuitive in his interpretation of the data.

In February 2008, weeks before the general election of March 8th which altered the political destiny of Malaysia, this astrologer had dropped a hint that the nation was in for a couple of years of extraordinary upheaval: by the end of 2008, he said, Abdullah Ahmad Badawi and his son-in-law would be removed from power by their own party. At the time, my friend was skeptical about this prediction - it seemed so totally unlikely.

But now, seven months after GE12, Dr K's prediction is beginning to manifest with uncanny accuracy. So my friend started taking seriously what Dr K had told him in February this year. The astrologer's specialty is medical diagnosis and prognosis, but his methodology could easily be applied to corporations and entire countries.

And what Dr K had predicted, in addition, was that Umno's power succession plan was ill-fated and would end in utter disarray. By early 2009 there would be a vote of no-confidence against whomsoever inherited the PM's job, resulting in Parliament being dissolved and fresh elections called. A new government would be voted in and Umno would take on the role of parliamentary Opposition.

This would not spell the end of Malaysia's political and financial turmoil - but if we successfully navigate our way through the turbulent sea changes of 2009, Malaysia will rise like a phoenix from 2010 onwards. Dr K concluded: "If you were thinking of taking all your money out of Malaysia, that would be a foolish move. From 2010 onwards this country will shine like a beacon of peace and prosperity in the world."

I've always felt that this country was born under a lucky sign. And that the day will soon come when all of us can celebrate our unity in glorious diversity - and the wealth of genetic resources that is the true legacy of having been visited and influenced by so many different cultures, ancient and modern. Happy Deepavali, folks, one and all!

HAPPY DEEPAVALI ~ MAKKAL SAKTHI!

It would have been so easy to uplift the spirits of the entire nation - and particularly the Indian community - just by releasing the Hindraf 5 in time for them to celebrate Deepavali with their families.

Indeed, if I were a prime minister on the way out, I would have seen this as a perfect opportunity to redeem my lacklustre track record in office with a spectacular gesture of clemency, goodwill and reconciliation.

I would have repealed the ISA, freed all the detainees, and denied the Pakatan Rakyat the pleasure of doing so when they take over the government - as must surely happen, sooner or later (when enough BN politicians succeed in sprouting some gonads). Instead, we get THIS ungracious small-minded act of unmitigated malice...

UTHAYA'S NIECE, 11 OTHERS HELD
Andrew Ong | Oct 23, 08 6:08pm | Malaysiakini

The six-year-old niece of detained Hindraf leader P. Uthayakumar was arrested with 11 others when they attempted to submit a letter at the Prime Minister’s office in Putrajaya today.


P. Vwaishhnnavi (right) is the daughter of Hindraf chairperson P. Waythamoorthy who is currently in self-imposed exile in London. Her mother K. Shanti was among those arrested.

Police Watch Malaysia coordinator S. Jayathas, who was also held, claimed that they had been told that they were part of an illegal assembly for having gathered near the entrance of the building.

“We were trying to obtain permission from the security guards for Vwaishhnnavi to submit her letter. They said that we were from Hindraf, but we insisted that we were 'concerned Indians' who were accompanying Vwaishnnavi,” Jayathas said when contacted.

They are currently at the Putrajaya district police headquarters, but police chief Abdul Razak Abd Majid declined comment when contacted.

Kuala Lumpur police chief Muhammad Sabtu Osman confirmed the arrest of eight men and three women during the incident. He clarified that Vwaishhnnavi has not been arrested and is in her mother’s care.

He also said the 11 are being investigated under the Societies Act. (The Home Ministry had imposed a ban on Hindraf on Oct 15, declaring it an illegal grouping.)


I call upon the joyous spirit of Deepavali and Makkal Sakthi to permeate the dense minds in Umno, so that even the most debased and debauched amongst them may see the light and achieve their own redemption.


May these benighted bodoh sombong (arrogantly stupid) souls find the inner strength to transcend their own genetic and cultural limitations - and finally emerge from beneath their hereditary tempurungs (coconut shells) into an exciting new world of infinite possibilities.


A world where we can proudly proclaim our Bangsa (race) as Manusia (human) first and foremost; and then as Malaysians of diverse and many-splendored ancestries.

I tip my cap to the unknown Photoshop wizard who created these hilarious images. They are works of art indeed, and perfectly capture the playful and festive spirit of Deepavali - as all true souls would wish it to be!