Candlelight 16 Hindraf arrested but not Cow Head protesters, policeman in towel in Police Station.

07th September 2009
YAB. Dato Seri Najib Razak
Prime Minister of Malaysia,
Block Utama Bangunan Perdana Putra,
Pusat Pentadbiran Kerajaan Persekutuan,
Fax: 03-8888 3444
62502 Putrajaya. E-Mail : ppm@pmo.gov.my

Y.B Dato Seri Hishamuddin Hussein
Home Minister,
Aras 12 Block D 1,
Complex Kerajaan Fasa D,
Pusat Pentadbiran Kerajaan Persekutuan, Fax : 03-8888 4913
62546 Putrajaya. E-Mail : hishammuddin@moha.gov.my

Re : 1) Police use excessive force and unlawfully break up and arrest 16 Hindraf MakkalSakthi peaceful assemblers on 5/09/09.

2) But the cow head protesters never arrested, Attorney General won’t prosecute them.

3) Theft of hand phone (and cash) in Tun H.S.Lee police station.

4) Policeman clad in towel while conducting investigations of a lady.

We refer to the abovematter. On 5/9/09 at about 7.45p.m. about 100 peaceful assemblers exercising their right further to Article 10 of the Federal Constitution gathered along Jalan Tun Perak carrying candles, roses and singing.

Based on the video in Malaysiakini which had hit a record 207,000 over hits within 24 hours, the police gave a mere two minutes to disperse but counted ten and started arresting the said assemblers. In almost all other peaceful assemblies we know the police had given at least ten to fifteen minutes for people to disperse. Why a different standard for the working class Indians?

In the UMNO or UMNO sponsored assemblies, the cow head protest being the latest the police instead give them protection let alone having arrested or prosecuting them. Worst still no other than the Home Minister himself protects their act of inciting racial and religious hatred, Sedition and threats of committing violence if the Section 19 Hindu temple is relocated to Section 23. Based on A.Kugan’s brutal murder by the police in police custody case and the Kampong Medan racial attacks case killing five Indians and grievously injuring 100 over other Indians in March 2001 and a host of other UMNO sponsored crimes over the last ten years or so we have no confidence in the present Inspector General of Police and also in the present Attorney General seriously prosecuting the real criminals. Thus no equal protection under the law for especially the working class Indians under Article 8 of the Federal Constitution. We hereby call for the removal of the Attorney General and the Inspector General of Police.

Why one rule for the 50 Hindraf Makkal Saklthi peaceful assemblers and another for the 50 religious extremist cow head protestors. One Malaysia but two rules? Article 8 of the Federal constitution which provides for Equality and equal protection before the law was never upheld here as in almost all other cases of discrimination involving especially the working class Indians.

There was no necessity for our Mr.P.Uthayakumar’s to have been manhandled by carrying him by all four of his limbs and later literally throwing his wife into the police black maria and causing her to have a suspected fracture her left foot middle toe. She is today on medical leave and presently waiting to have her x-ray done at Pantai Medical Centre, Bangsar. Our Mr.S.Jayathas and many others were also manhandled.

Our Mr.P.Uthayakumar’s family is was specifically targeted by the arrest of also his sister P.Waytha Nayagi and his sister in law and Hindraf Chairman P.Waytha Moorthy’s wife K.Nageswary some 30 minutes later when they were standing by the roadside and using their telephone. The third lady with them was never arrested. In any even only a group of more than four would constitute an unlawful assembly.

The police mala fide was again shown when the Investigating Officer Inspector Mutalib told our Mr.P.Uthayakumar that the Officer in charge of criminal Investigations (OCCI) had directed him to release the said assemblers only when “cerah” ie upon daylight when all the investigations had been completed by 5.00a.m. and only waiting to be released on police bail. They were then all unnecessarily hearded back to another room while waiting for “cerah”. Why did it take almost twelve hours to release the 16 of them. Every minute of their liberty and freedom is guaranteed for by Article 5 of the Federal Constitution. This was so despite our lawyer Mr.N.Surendran making repeated phone calls to the Senior Investigating Officer from about 5.00a.m. onwards.

To add insult to injury a police officer on the 6th floor was clad merely in a towel while on duty and while taking their intelligence statements. The three ladies in detention were never accompanied by female police personnel.

Worst off all one of the detainee Mr.Uthayakumar Subramaniam’s handphone was stolen by a man he believed to be a policeman right in the heart of the Jalan Tun H.S.Lee police station! Assuming he was not a policeman, why was the intruder allowed to reign supreme in the said police station which is a security area especially so in the wee hours of the morning (6.50a.m.). A police report was lodged but the criminal was never arrested. The police did not immediately cordon off the police station and refused to even search for the criminal despite we specifically asking for the same. Then using this hand stolen handphone, this “policeman” telephoned Mr.Uthayakumar Subramaniam’s sister, demanded RM500.00 for his release or he would be remanded for 14 days. His sister said she only had RM350.00 and banked in the same into his account. We believe this criminal works hand in glove with the police and has been in “business” for sometime. A copy of the police report and the banking in slip is enclosed herewith for your further action.

All these can happen only in Malaysia and no other part of the world. We regret to note that our police force had hardly progressed in terms of efficiency, reducing crime rate and professionalism in these 52 years since independence. And yet the present Inspector General of Police’s tenure was extended by one year for the second time in two years.

Thank you.

Your faithfully,

_______________________

P.Uthayakumar
Secretary General (pro-tem)
HUMAN RIGHTS PARTY

Makkal