阉割人民嗓子

Here's my last week's column in Oriental Daily entitled "Repressing the Voices of the People". It focused on the arrest of Nathaniel Tan for alleged ownership of OSA documents, as well as the interrogation conducted on Raja Petra for allegedly insulting the Agung and Islam.

The sheer idiocy of the allegations raises the questions as to whether the Police are completely incompetent? Or are there more sinister motives behind these moves? On top of that, don't the police force have more urgent matters to attend to such as the accelerating crime rates in the country?

Well, the Police as been "efficient" in handling the cases of Nathaniel and Raja Petra. I have now lodged a police report on a literally seditious web article from an UMNO supporters' website. We'll see if the police acts differently. More tomorrow. ;)

阉割人民嗓子
潘俭伟

今年一月，两位博客即黄泉安与阿希鲁丁被巫统控制的《新海峡时报》起诉诽谤。前个星期，另一位26岁、美国哈佛大学毕业的年轻博客被警方援引官方机密法令扣留。警方宣称他拥有指国内安全部副部长佐哈里涉嫌贪污的文件。

上周，随着巫统宣传主任莫哈末泰益针对《今日大马》在7月11日刊登一篇被指侮辱最高元首与回教的文章向警方报案后，警方传召《今日大马》网站负责人拉惹柏特拉录取口供长达8小时。然而，事实又是怎么一回事呢？

陈仁义被扣留4天期间，警方明显没有针对所谓佐哈里被指涉嫌贪污的文件展开调查。由于有位无名氏在陈仁义部落格留了一个网址，链接到相关指佐哈里涉嫌贪污的网站，结果陈仁义就有难了！事实上，这个网站跟陈仁义毫无关系。

其实，许多平面媒体曾引述佐哈里涉嫌贪污的资料，但警方为何没有调查相关媒体负责人呢？至于拉惹柏特拉个案，他在7月11日不曾撰写任何文章！在盘问时，警方告诉他只是针对读者在其网站的留言。警方为何连文章与留言都分不清呢？

警方的专业精神去了哪里？当巫统领袖报案时，为何警方会立即采取行动？然而，当《今日大马》或其它博客或网站揭露官方人物涉嫌贪污的证据时，警方却选择不理不睬。

摆在眼前的问题是，我国的警队为何竟沦落为执政集团的工具？到底是警方的专业能力成疑，甚至有者还不懂得掌握最基本的电脑操作，更妄论要成为电子世界的“特级警察”，抑或是他们有更阴险的目的？

政府岂不是承诺不会限制互联网的资讯流通吗？如今，随着更多政府高官的丑闻被揭发后，为了阻止真相进一步流通，官方只好利用高压手段，并以凶猛的偏执态度对付博客？

难道警方除了骚扰拉惹柏特拉和其他博客之外，就没有更重要的事情做了吗？与其耗时间跟自己的影子过意不去，警方倒不如专注打击日益猖獗的罪案，进而根除国人对犯罪的恐惧感。

Police Brutality

Does this image look familiar? Well, the last time I saw anything like it, it marked the birth of a new political party, Keadilan. However, it appears that police brutality has not been eliminated off the force much less their ability to respect our basic rights.

Mr Tung Ket Ming, through a relative, took his case to the DAP to complain about police mistreatment. On 18th July, I accompanied Tung to Sentul Police Station to lodge his police report on what happened to him. I spent some 7 hours to assist him to draft his report with my rusty Bahasa Malaysia as well as meeting various officers, where Tung was further questioned by investigating officers. His case was reported in the Chinese dailies, as well as Malaysiakini.

As explained in my Chinese column in Oriental Daily, Tung did not have the support of outspoken political parties and non-governmental organisations behind him to ensure that he remained fairly well-treated while in remand. In contrast, without belittling the intimidating experience Nathaniel Tan underwent, Tung suffered serious abuse by his police handlers.

I displayed Tung's photo to the audience during the forum "No Police State in Blogosphere, In Solidarity with Nathaniel Tan" not to make light of Nat's experience, but to emphasis the fact that for everyone like Nat, there are probably tens of others who have been subjected to serious injustice like Tung.

Tung, who allegedly committed an armed robbery in a mobile phone shop, was arrested at his house, taken to 3-4 different locations and beaten senselessly in each of those locations to extract a confession. He was punched and elbowed in the face, he was whipped with a rubber hose on his soles, his legs, his head and his neck. The police handlers even presented him with flying kungfu kicks. See the full police report below.

And twice when he was presented to the magistrate for remand, he was granted his wish to see a doctor, which was denied by the police in clear contempt of court upon his return to the lock up. Instead on his final evening in the cell, he was taken to a room of 6-7 police officers, including and particularly his investigation officer who was apparently in his 20s, assaulted him again for reporting that he was mistreated by the police to the magistrate.

Photo taken the day after he was released on bail

Tung and his wife was frightened out of their wits about making the police report for they feared further retributions. We had to convince them that the best course of action is to ensure that the report is made and the press alerted to ensure that their case will be taken up by the higher authorities and they will be protected from further uncalled for harrassment. For a few nights after he was released on bail, the couple dared not return to their own house for fear of retribution!

I have since accompanied Tung for 2 sets of identification parade at Sentul Police Station and at the KL Police Headquarters (last Friday and this Monday). He has since identified 5 of the perpetrators. We now await for the Police to take further actions.

This brings me to the question of the setting up of the Independent Police Complaints and Misconduct Commission (IPCMC). Informal chats with the officers in-charge of this case have demonstrated clear difficulties they have in carrying out their tasks for the simple reason that they are stuck between a rock and a very hard place. By acting scrupulously against his fellow police officers, it'll only bring about feelings of discomfort while attempting to make light of the offence will bring injustice to the victim.

If not for the fact that a major political party is pursuing the case, backed by reports in the media (particularly the Chinese media), it will not surprise many if the case is just swept under the carpet.

Where is the IPCMC which was strongly recommended by the Royal Police Commission and what has happened to Pak Lah's repeated promise that it will be set up to ensure a disciplined and efficient police force? Nathaniel's some-kind-of-screwed-up-joke arrest and detention, Tung's inhumane beatings while under remand proves beyond doubt that an IPCMC is absolutely vital to ensure that the very people we have entrusted to preserve law and order in this country, our Royal Police Force are themselves competent, law abiding officers.

Or certainly, a police state, both in blogosphere as well as our physical world will be an inevitable outcome.

The Police Report is as follows:

Repot Polis Bertarikh 18/7/07

Saya, bernama Tong Ket Ming (I/C) beralamat () ingin menyatakan yang berikut:

1. Pada 9/7/2007 lebih kurang pukul 8 malam, 3 orang yang tidak dikenali tanpa uniform telah menggari saya dari alamat di atas dengan secara ganas. Mereka juga kata adalah anggota polis dan menuduh saya terlibat dalam satu kes rompak dengan senjata api pada 28/6/2007.
   
   
2. Mereka paksa saya mengaku kes rompak tersebut tetapi saya enggan.
   
   
3. Seterusnya, mereka membawa saya ke Balai Polis Rawang untuk sekejap masa dengan kereta Pajero berwarna putih bernombor WKN 8234.
   
   
4. Selepas itu, saya dibawa ke Balai Polis yang tidak dikenali di mana saya dipersoalkan di dalam bilik. Pada masa itu, saya diminta mengakui kesalahan, muka dan kepala saya ditumbuk secara keras dengan tangan dan siku oleh ketiga-tiga polis. Perut saya juga ditumbuk secara kuat dengan tangan dan disepak dengan kaki. Apabila saya cuba menghentikan seksaan tersebut, saya dipukul sekali lagi. Muka saya bengkak dan cedera parah. Mulut dan hidung saya juga berdarah.
   
   
5. Selepas itu, saya dibawa ke Balai Polis Selayang, di mana saya dipersoalkan sekali lagi dan diminta mengakui kesalahan. Apabila saya enggan mengakui, saya diseksa sekali lagi. Kali ini, selain daripada ditumbuk, ketiga-tiga polis yang sama memukul kepala, leher, kaki dan tapak kaki saya dengan saluran paip getah berpuluh-puluh kali.
   
   
6. Selepas itu, saya dipindah ke Balai Polis sentul dengan kereta yang sama. Di Balai Polis Sentul, saya diserah kepada pegawai siasatan (“IO”) dan seorang lagi anggota polis. Saya dipersoalkan sekali lagi, diseksa dan dipukul secara keras seluruh badan dengan tangan, siku, saluran paip getah dan kaki terutamanya oleh IO. Saya juga ditendang dengan cara “kungfu” - “flying kick”. Kesemua ini dijalankan di dalam bilik tertutup.
   
   
7. Selepas itu, saya dibawa ke bilik membuat laporan awam dan diminta duduk di atas lantai di hadapan orang ramai. Satu pegawai polis menaip satu laporan (statement) dan selepas itu menyuruh saya menandatangi laporan tersebut. Saya enggan menandatangani laporan tersebut kerana saya langsung tidak boleh membaca dan tidak faham kandungan laporan tersebut. Pegawai tersebut naik darah dan menendang saya secara kuat di hadapan orang ramai. Oleh kerana saya dalam keadaan kesakitan teruk, saya menandatangani laporan tersebut.
   
   
8. Pada pukul lebih kurang 3 pagi, saya dibenarkan menelefon bini saya oleh pihak polis.
   
   
9. Pada malam itu, saya tidur di atas lantai dalam lock up.
   
   
10. Pada pagi 10/7/07 saya dibawa ke mahkamah majistret Jalan Duta dan di remand polis selama 7 hari. Di hadapan hakim, saya meminta saya dapat menjumpai doktor kerana saya kesakitan teruk. Muka saya pun bengkak blue-black dengan teruk sekali. Hakim berkata bahawa dia akan memerintah pihak polis supaya membawa saya ke hospital untuk rawatan. Akan tetapi, saya tidak dapat menjumpai seorang doktor pun.
    
    
11. Pada 16/7/07, sekali lagi saya dibawa ke mahkamah yang sama di mana saya di remand sehari lagi. Apabila hakim menanya kenapa muka saya bengkak dan cedera, saya kata saya dipukul CID. Saya meminta supaya saya dapat menjumpai doktor dan sekali lagi pihak hakim setuju meminta polisberbuat sedemikian. Akan tetapi, sekali lagi, permintaan saya tidak ditunaikan.
    
    
12. Sebaliknya, pada petang 16/7/07, IO membawa saya dari bilik lock up ke sebuah bilik yang lain di mana ada lebih kurang 7 orang lagi anggota polis sedia menunggu. Dalam bilik tersebut, saya dipukul, ditumbuk dan ditendang sekali lagi dengan keras oleh pihak polis dalam bilik tersebut, terutamanya IO dan seorang lagi anggota polis yang tidak dikenali nama. Mereka kata bahawa saya dipukul kerana mengadu ke atas pihak hakim tentang kelakuan polis. Selepas saya dipukul, IO membagi amaran kepada saya bahawa dia akan menyuruh orang luar (bukan polis) mengancam saya bila saya keluar balai polis.
    
    
13. Pada malam tersebut, isteri dan brother-in-law saya tidak dibernarkan berjumpa dengan saya.
    
    
14. Pada petang 17/7/07 lebih kurang pukul 4, saya dijamin oleh isteri saya, ().
    
    
15. Saya meminta supaya pihak polis dapat menjalankan kawat cam (identification parade) dengan segera.

Sometimes I wonder, if he had gone to any of the BN component parties to ask for assistance, what would have been the response they would have received. As I highlighted during my little speech at the forum, it is doing "little" things, helping those suffering from injustices such as this that makes my total switch to a political role a most fruitful and rewarding one. No amount of cash can buy that sort of sense of fulfilment.

专业的流氓？

Ah, almost forgot, my weekly posting of my column in Oriental Daily ;). This was my last week's column, with regards to the professional hooliganism displayed by the Malaysian police force. I contrasted then the case of Nathaniel Tan being detained with that of another victim of police brutality, Tung Ket Ming, who I'll write about shortly in English/Malay.

In the meantime, here's the column for your reading pleasure.

专业的流氓？
潘俭伟

上周初同一时间，有两个人获警方批准保释释放。然而，媒体给他们所呈献的报道效果截然不同。

其中一名被扣留者陈仁义，乃26岁的年轻博客、美国哈佛大学校友及前副首相拿督斯里安华依布拉欣的幕僚。警方当时援引官方机密法令逮捕陈仁义，并宣称他拥有国内安全部副部长佐哈里涉嫌贪污的机密文件。

另外一位被扣者，即只读完小学的39岁专业烧焊工人唐国民，不知何故竟被警方怀疑他涉嫌一宗持械抢劫案。

两人被捕时，警方并没有告知他们所涉嫌的罪状。即使被扣留超过6小时后，除了警方之外，没有其他人包括他们的家人，知道两人当时的状况或扣留地点。

当他们被带到法庭申请延长扣留令时，警方故意不让律师接触两人。虽然他们一再强调本身被人冤枉，但这些话当时只好给硬生生地吞进肚子里。

无可否认，这些都是警方滥权的一面，甚至还否认国人所享有的基本人权。这就是上述两宗案件的相似点。

在唐国民被扣留当晚，警方分别把他带往万挠警局严词拷问和殴打，要他承认涉及一宗持械抢劫案。但是，他一直不肯认罪，以致惹怒查案官和负责扣留他的警员，一晚就被殴了三回。

这些警察用手、手肘、脚和飞天脚毒打其腹部、脸部和头部，导致他的胸口疼痛、脸部黑青发肿、鼻口流血。警方也使用塑胶水管围殴其头部、颈部、脚部和脚底，前后高达50余次。

随后，查案官自行打出一份口供书，要唐国民立即签名。最初，唐国民拒绝签名，可是最后难忍痛楚而乖乖签名。

至今为止，他还对有关口供书的内容不清不楚。这是因为他读不懂马来文，而警方又没有解释给他听。最后，他再也无力行走，只好倒在地上“爬”进扣留室。

当唐国民被带往推事庭时，推事批准让他求医，但警方却因为其向推事投诉警方行径而再次殴打他。

另一边厢，虽然警方由始至终对陈仁义咄咄逼人，但他并没有受到虐待。根据陈仁义指出，警方非常忧虑获释后可能构成的负面报道，因此不敢给他非人对待。

陈仁义除了获得反对党领袖强烈声援，以及主流媒体关注之外，他还获得博客社群一致谴责警方的逮捕方式。他甚至有坚定支持者和家人，每晚守在警局外办烛光声援会。

显然地，大多数被警方扣留的国人，绝不会像陈仁义般幸运。这再次应证我国有必要尽快设立首相阿都拉巴达威早前所答应的“独立警队投诉与行为不检委员会”(IPCMC)。

一旦警方置于独委会的聚光灯下，他们肯定会更克制本身的言行举止，并确保本身更遵守国家法律，同时减少“专业流氓”的滥权情况。

为了避免像唐国民所承受的苦难经历重演，政府必须立即设立独委会，作为赠送给国人的独立50周年大礼！

Deja Vu

Anwar has been taken in by the police.

It feels a little like 1998 all over again.

I won't write in detail because the issue is being discussed right now all over blogosphere ad nauseam.

My little wish:

1. The Royal Malaysian Police with conduct its investigations in a fair, controlled and professional manner.

2. That Datuk Seri Anwar Ibrahim will be treated with total respect and decorum as an individual who is innocent until proven guilty under Malaysian laws. We do not need another black eye for Malaysia.

3. That if he is charged, Datuk Seri Anwar Ibrahim will be given a expedious, fair and just trial under an independent judge of integrity. Justice must not only be served by be seen to be served.

All the political brinkmanship, drama and threats today while superficial, has downgraded the perceived stability of this country which will only result in a further weakening economic situation, especially in the light of the existing turmoil in the global economy.

Urgent Motion Denied, Denied, Denied

Victim of police bashing at Bandar Mahkota Cheras (Malaysiakini)

Saudari Teo Nie Ching of SERDANG filed for an urgent motion 2 days ago, due for a hearing by the Speaker today on whether it could be debated in the House. Almost as expected, the motion was denied.

There are probably some 10 or so urgent motions which has been denied the chance to see the light of day in the House. So far the most frequently use reason for rejection is "not urgent" - be it urgent medical treatments on ISA detainees (not urgent), death to National Service detainees (not urgent) or death under police custody (only very few such cases).

So far, the only motion allowed for debate was on the issue of the sharp increase in the price of rice and its possible shortage.

Today, the Deputy Speaker once again rejected SERDANG's motion, that is to debate the police action and inaction over the Bandar Mahkota Cheras - Grand Saga toll controversy, which has resulted in individuals being hurt by thugs in full police presence and another being beaten up by some 20 police officers. This issue has hit the headlines over the past 3 days or so.

The Speaker ruled that the motion is not urgent, and that since the matter is under court action, the House is not permitted to discuss the issue as it would then be sub-judice.

Both SERDANG and myself stood up to point out to the speaker that the issue that is being discussed here in police inaction and brutality and not the case due for hearing in the courts. Hence there is nothing sub judice about the case.

The Speaker would have none of it, despite more members from the opposition bench speaking in support of the motion, of course with the BN backbenchers at the same time vocally opposing our cause for the Malaysian victims.

SHAH ALAM (Khalid Abdul Samad / PAS) stood to ask the speaker to explain to the house, if death and being beaten up by authorities isn't sufficiently "urgent", then what is the criteria the Speaker use to define "urgent"?

Well, obviously the question didn't require an urgent answer, and I don't expect to hear it any time soon.

Police Recruitment & Organisation

My question on state of recruitment for new police officers as well as its organisation got answered yesterday. I'll provide the question and answer verbatim here before providing my comments. I asked the Minister of Home Affairs to state:

...kedudukan pengrekrutan anggota polis yang amat diperlukan untuk mengurangkan kes jenayah yang amat serius dan apakah jumlah anggota polis terkini mengikut pecahan tanggungjawab mereka.

The reply was as follows:

Untuk makluman Ahli Yang Berhormat, pada tahun 2007, PDRM telah melantik seramai 4070 anggota berpangkat Inspektor dan Konstabel. Daripada jumlah tersebut, seramai 1,030 anggota berpangkat Inspektor (753 lelaki, 277 wanita) dan seramai 3,040 anggota berpangkat Konstabel (2,169 lelaki, 871 wanita).

Bagi tahun 2008, PDRM telah merancang untuk melantik 10,000 anggota polis berpangkat Inspektor dan Konstabel. Daripada jumlah tersebut, seramai 1,000 anggota berpangkat Inspektor (850 lelaki, 150 wanita) dijangka akan dilantik pada bulan Jun dan September ini.

PDRM juga telah merancang untuk melantik seramai 9,000 anggota polis berpangkat Konstabel yang terdiri daripada anggota lelaki dan wanita. Bagi fasa pertama iaitu seramai 768 anggota lelaki telahpun dilantik pada 16 Februari 2008 dan kini ditempatkan di PULAPOL Muar (515 anggota) dan PULAPL Kota Kinabalu (253 anggota).

Bagi fasa kedua, seramai 1,590 anggota lelaki dan wanita akan dilantik iaitu pada 15 Mei 2008 (850 anggota lelaki) dan pada 1 Jun 2008 (740 anggota wanita). Anggota-anggota berkenaan akan ditempatkan di PULAPOL Kuching dan PULAPOL Ayer Hitam.

Jumlah keanggotaan polis mengikut pecahan tanggungjawab jabatan-jabatan di bawah PDRM berakhir 31 Mac 2008 ialah seramai 96,406 orang iaitu Jabatan Pengurusan (35,662) Jabatan Keselamatan Dalam Negeri dan Ketenteraman Awam (31,635), Jabatan Logistik (10,793), Jabatan Siasatan Jenayah (8,673), Cawangan Khas (4,923), Jabatan Siasatan Jenayah Narkotik (3,357), Jabatan Siasatan Jenayah Komersial (1,141 dan Jawatan Kader (222).

For the year of 2007, PDRM has recruited a total of 4,070 officers as with the rank Inspectors and Constables. This forms part of the objective of the PDRM to recruit some 60,000 new officers to meet the challenges of the rapid rise in crime in Malaysia.

This recruitment to date is clearly short of what is required to meet the needs of the country. Hence, what is needed as an immediate short term measure is to restructure the police force and redeploy more police officers to be patrolling the streets as recommended by the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police (Royal Police Commission).

However, based on the information provided by the Minister, clearly no such actions to restructure the police force have been undertaken.

As of 31 March 2008, the allocation responsibilities remain largely unchanged from the previous years as follows:

Administration & Management 35,662 37.0%
Internal Security & Public Order 31,635 32.8%
Logistics 10,793 11.2%
Criminal Investigations 8,673 9.0%
Special Branch 4,923 5.1%
Narcotics Investigations 3,357 3.5%
Commercial Crimes 1,141 1.2%
Cadet 222 0.2%

Clearly from the figures presented, the Police Force remains heavily lobsided in terms of structure with a overstaffed administration and management as well as logistics department (48.2%) as opposed to the criminal investigations department (9%). Combining the internal security and public order department with the Special branch will add to another 37.9% of the entire force.

The crime index in Malaysia rose by a record 45% between 2003 and 2007 with violent crimes increasing by 119% and initial figures provided by the Government shows that the upward trend is continuing unabated in 2008.

Is it not of utmost urgency that the Royal Malaysian Police immediately reallocate and restructure at least 30% of the police force, currently within the administration & management, internal security & public order, logistics as well as special branch to the understaffed Criminal Investigations Department and their related units to ensure that the unprecendented escalation of crime is stopped on its tracks.

If no action is taken to restructure the police force, while waiting for new recruits to be gradually hired and trained, then clearly the Barisan Nasional government has failed to learn its lessons from the elections of March 8th, and is not serious about its so-called “All-out War Against Crime” announced by the Prime Minister a year ago.

No IPCMC In Sight

Some 40-50% of the complaints I receive via email are on matters with regards to the state of crime in Malaysia, and in particular, Petaling Jaya. The matter never fails to raise its ugly head whenever we have held dialogues with the residents. So what is the government doing about it?

On my part, it is impossible for the MP or ADUNs is unable to do much about the matter without the co-operation of the police. We have tried to see the OCPD of Petaling Jaya since the 4th of April, twice the appointment was set, and twice it was postponed by the OCPD at the last minute. I've finally got another response today to have the dialogue on this Wednesday 3pm. Hopefully, it won't be postponed at the last minute again.

However, on the national front, we are looking pressing the Barisan Nasional government to set up the originally promised but much delayed Independent Police Complaints and Misconduct Commission (IPCMC) in order to re-establish the credibility of the police force, as well as improving its efficiency and effectiveness.

IPOH TIMOR had on 7th May asked the Minister of Home Affairs:

...sama ada Kerajaan sekarang akan menubuhkan IPCMC untuk mengadakan satu perkhidmatan polis bertaraf dunia yang cekap, beramanah dan profesional demi mengurangkan jenayah, menghapuskan rasuah dan menghormati hak asasi manusia - mesej jelas "tsunami politik" 8 Mac 2008

And unfortunately, the reply was short and disappointing:

Kerajaan telah memutuskan untuk menarik semula Rang Undang-Undang Suruhanjaya Aduan Khas 2007 (Special Complaints Commission) yang telah dibaca untuk kali pertama di Dewan Rakyat pada 13 Disember 2007.

Which of course is totally and absolutely ignoring the question that IPOH TIMOR had asked. The Special Complaints Commission was nothing close to the IPCMC recommended by the Royal Commission on the Malaysian Police Force.

Crime is all Perception

That's what the Royal Malaysian Police and the Government would like you to think. Clearly, it seems if since the Police can't fight crime effectively, the next best thing to do is to fight perception.

The Royal Malaysian Police and the Deputy Prime Minister have over the past few days, gone on an offensive to blame the high crime rates in Malaysia on “perception”.

The Star reported on 30th November that the Deputy Inspector-General of Police (IGP), Tan Sri Ismail Omar said the latest statistics showed the crime index to be 772 cases per 100,000 residents and compared it favourably against Singapore which according to him “recorded 704.7 cases, Hong Kong (1,166), Japan (1,569) and Australia (4,470)”.

On 1st December, the IGP himself, Tan Sri Musa Hassan was reported in the New Straits Times saying that “our crime rate is still low compared with many other countries although the global trend shows an increase... Singapore's crime rate is 740.7 cases for every 100,000 population, Hong Kong's is 1,166, Japan's is 1,569, Australia's is 4,470 and Rome's is 8,341.”

As reported in the Malaysian Insider, “Malaysia is still a very safe country, but the problem is public perception. We are trying our level best to give a correct picture,” Federal Criminal Investigation Department director Datuk Mohd Bakri Zinin told The Straits Times.

And as reported in the media today, our Deputy Prime Minister, Datuk Seri Najib Abdul Razak said that "our perception of crime must change" because “based on the statistics given by the police, it indicates that the crime rate in Malaysia is lower than Japan and Hong Kong.”

The above appears to be a concerted effort by the Government to downplay the significance of 2% increase in the crime index as of October this year compared to last year, as well as to blame the public concerons over high crime rates in Malaysia as a matter of misplaced “perception”.

Howvever, the Royal Malaysian Police has failed to provide the full picture in the statistics provided and instead have given a misleading perception that Malaysia is much safer than Japan, which is renown as one of the safest countries in the world.

Based on statistics provided by the Statistics Bureau of Japan, in 2007, the crime rate per 100,000 is 1,493.6. However, approximately 75% of this number is classified as “larceny” or theft (e.g., shoplifting etc.)

Similarly in 2005, the crime rate per 100,000 is 1,775.7. However, larceny made up 76% of all cases, while violent crimes which includes homicide, arson, rape, bodily injury etc., made up 3.8% or 66.6 cases per 100,000. Homicide and rape cases form 1.09 and 1.62 cases per 100,000 population respectively. In contrast, for 2007, violent crimes recorded 180.1 cases per 100,000 while homicide and rape cases in Malaysia form 2.12 and 11.47 cases per 100,000 population respectively.

The biggest contrast is for robbery cases in Japan which records only 4.69 cases per 100,000 while it's a staggering 88.76 cases for Malaysia. Similarly, criminal intimidation in Japan records only 1.92 cases per 100,000 while in Malaysia it's 21.31 cases. Hence, the Government's attempts to paint a picture that Malaysia is much safer than Japan is clearly misleading at best. In fact, from the statistics of violent crimes above, Malaysia is a much more dangerous place when compared to Japan.

To further illustrate how the comparisons with the countries highlighted is misleading is that the Malaysian index includes on violent and property crimes, but excludes white collar and moral crimes. For the Japanese index, “intellectual offences” (e.g., fraud, embezzlement, counterfeit etc.) and moral offences makes up 20% of the total crime rate in 2005.

Similarly in Singapore, the Singapore Police Force announced a crime rate of 715 per 100,000 in 2007 where commercial and miscellaneous crimes constitute 21.8% of the index. Hence the claim that Malaysia is nearly as safe as Singapore is clearly unfounded.

In addition, separate crimes ranking table compiled by NationMaster, Malaysia is ranked 34th in terms of the number of murders per capita, which is higher compared to Australia (43), Italy (47), Hong Kong (59) and Japan (60). In terms of rapes per capita, we are ranked 38th, but still ahead of Italy (46), Japan (54) and Hong Kong (55).

Therefore, while Malaysia is clearly not the worst country in the world in terms of crime, the fact that the crime index has risen by more than 45% since 2003, while violent crimes have increased by more than 85% demonstrates clearly the dire circumstances we are in.

The people of Malaysia no longer feel secure and safe walking the streets. Hence the Government's attempts to change the “perception of crime” in Malaysia by citing statistics which are most misleading is most irresponsible. Instead of continuously blaming public perception as the key reason why crime is seen as serious in this country, the Government and the Royal Malaysian Police should instead focus its efforts in fighting crime and improving its credibility with tangible steps, such as implementing the full recommendations of the Royal Police Commission report which included the restructuring of the police force such that 30% of the police force is transferred from administrative to crime-fighting functions as well as to set up the all-important Independent Police Complaints and Misconduct Commission.

Arrested Development

My latest article for The NutGraph looked once again (no more after this, I assure you, as this was written just after the episode occurred), at my arrest by the Royal Malaysian Police for attending an alleged illegal gathering at the PJ Civic Centre (note also the irony of the venue).

Besides a personal take on the "experience", I also touched on the robust debate as to whether I should even have attended the event here, and would it have compromised my role as a member of parliament.

WELL, it was just going to be a sooner-or-later thing. Getting arrested is kinda like a serious occupational hazard for a politician, elected or otherwise, who belongs in the opposition camp in this country.

So when I was actually arrested on Sunday, 9 Nov 2008, at the candlelight vigil commemorating the first anniversary of the historic Bersih (Coalition for Clean and Fair Election) rally, I was certainly not mentally unprepared. Especially not after the ISA (Internal Security Act) "scare" just a few weeks earlier.

I still remember my very first interview with a senior journalist from a local paper when I was about to quit my job, sell my company and join the topsy-turvy world of politics with the DAP, some 18 months ago. As the interview ended, she said she really couldn't imagine me, this geeky, pseudo-intellectual (aka nerd), corporate personality involved in your "typical" opposition activities such as street rallies, protest demonstrations, and of course, getting arrested by the police.

Read the full article here and enjoy! ;-)

Released from Police Bail

The above is a 7 minute video shot by BK on the night of the his own arrest.

As you would probably have read in the online news reports yesterday, those who were arrested on 10th November for the peaceful candlelight vigil to protest against the Internal Security Act as well as to commemorate the 1st anniversary of the BERSIH rally, have all been released from police bail, after reporting ourselves to the PJ police station yesterday morning.

As the officer-in-charge stated, "we'll call you if you get charged". Otherwise, we don't have to report back to the police station. ;-)

Civil Dissent Debate

This is a letter which I received from one of my voters, who has kindly permitted me to publish it here. I do not wholly agree with the views expressed by him, but the point here is the space for discussion, which is what a mature democracy is all about.

At the same time, I would not go to the extent that we should go to the streets for every little protest. There needs to be a discretionary balance. In my opinion, the Bersih rally last year galvanised the nation, so should we not have had it?

We can certainly agree on certain issues, while agreeing to disagree on others.

Dear YBs,

We want you to be free to attend Parliament, State Assembly meetings. We don't want you to be behind bars or be found guilty of breaking the law.

Should this happen, we, the constituents will have no voice in the Dewan Rakyat or Dewan negeri. we will only be the losers.

I myself hate such laws, as much as you do. But the law is the law, and it's very clear about getting a permit for any public gathering for such purposes.

Agreed you may have tried many times to get permits from a biased Police force, and failed. Still it is no excuse to break the law. This is what the present authority wants you to do - break the law, then they try you, find you guilty, fine you or imprison you and deprive you of your seat in Parliament of the State assembly. The Police will act-with or without provocation. What will happen if your group has been infiltrated ? The saboteur will only need to throw a small stone, and all hell will break loose ! You'll be accused of trying to overthrow the Government by force, and IMMEDIATELY arrested under the ISA ! That's what the Police and especially Syed Hamid Albar wants. We don't want that to happen, do we ? The Police are not clean. They came with guns and knives, ready to throw these weapons among you and then accuse you of being heavily ARMED with dangerous weapons !

I am just as frustrated as you are. You were lucky, they decided to,let you out to allow you to ask your first question in Parliament. You may not be so lucky the next time. Then I'll be even more frustrated !

Until the day we have a new government, we cannot change the law. When there is a NEW government in place, with a 2/3 majority, then, and only then, we can make changes.

File reports against the Police, bring up the issue in Parliament, alert internation bodies , play up the issue in the press, internet, blogs, but please do not fall into their trap, call ILLEGAL ASSEMBLY !

The Negara ku, our NATIONAL anthem and our flag is the pride of our nation, The Negara Ku is meant to be sung at legal occasions with respect-not at an illegal demonstration. Get your permit - and you can sing it with patriotism and pride ! - without fear !

In the meantime, those who are opposed to the ISA,SEDITION ACT, POLICE ACT 27, ect ect, will have to be patient. We, the people of Malaysia, waited 51 years to see the BN lose it's 2/3 majority, and 5 states. We'll wait for the NEXT election to see further changes.

So please be careful next time, for they can even act if you hold it INDOOR !

"27A. (1) Where any activity takes place on or in any land or premises which do not constitute a public place and—

(a) the activity is directed to, or is intended to be witnessed or heard or participated in by, persons outside the land or premises, or is capable from all the circumstances of being understood as being so directed or intended; or

(b) the activity attracts the presence of twenty persons or more outside the land or premises; or

(c) the activity is likely to be prejudicial to the interest of the security of Malaysia or any part thereof or to excite a disturbance of the peace, any police officer may order the persons involved in the activity to stop the activity and may order all persons found on or in or outside the land or premises to disperse.

(2) Any person who disobeys any order given under subsection (1) shall be guilty of an offence.

(3) Where three or more persons neglect or refuse to obey any order given under subsection (1), the activity concerned shall be deemed to be an unlawful activity, and all persons taking part or concerned in the activity, or in organizing or directing the activity, shall be guilty of an offence."

I don't mean to educate you, for you should know better.

Rgds.
Stanley Teoh
PJ Utara

Why SingThe National Anthem?

The Chief Police Officer (CPO) of Selangor, under heavy criticism, retorts to media questioning of police actions by asking "Why Sing The National Anthem?"

Well, the simple answer to his stupid question, if he ever was really looking for an answer, is "Why not?" Is there a law against singing the National Anthem to demonstrate our patriotism to the country, among many many other things? The police seems to have forgotten that the event was held in the interest of, and for the betterment the country.

Fact of the matter is, we have told the crowd to disperse after the anthem is sung, and the police had decided to take action while it was being sung, instead of waiting even a few seconds more.

We took pains to cut short all our speeches, which in total added to no more than 10 minutes (it's all recorded I'm sure, so it's easily verifiable) and told everyone to go home. None of us really have any interest in getting arrested or create problems for the police. But of course, the CPO had to show the nation who's the boss.

Why The Unnecessary Force?

I'll just let these pictures taken on the evening of the arrest, and posted on PenangWatch.net and let them speak for itself. ;-)

Selangor State Assemblyman for Kg Tunku, Lau Weng San was seeking a situation update
from the police officers by their vehicles. For his troubles, despite having identified himself,
he was given two punches on the face and chucked into the police truck as well.

A victim who was pulled from behind and fell with her head first onto the pavement,
resulting in a immediate visit to the hospital. Note her hospital gear.

And these are her blood-stained clothes.
Present here with her is the Selangor State Exco, Ronnie Liu. 

A few more pictures of minor bruises are available at Penang Watch.

Lying Chief Police Officer

Well, you can read accounts from DAP state assemblyman for Kg Tunku, Lau Weng San and myself from here and here. I won't really repeat them here.

But have you read in Malaysiakini that the Chief Police Officer (CPO) of Selangor, denies outright that the police officers charged at the peacefully assembled citizens while the national anthem, Negaraku, was being sung.

Despite video evidence, Selangor police chief Khalid Abu Bakar has denied that the police moved in on participants at a candlelight vigil last night while they were singing the national anthem.

"That is what they (participants) are claiming," Khalid told reporters at the Petaling Jaya police district headquarters about midnight. When told that there was a video recording of the police action, Khalid replied: “I am denying it.”

Well, would you believe your own eyes or this lying chief police officer? Check it out with your own eyes at the video by Malaysiakini here:

Can you trust your police force when even the chiefs are lying to Malaysians? We have already cut short all our speeches, advised all who gathered there to disperse after the anthem was sung, and the Police couldn't even wait for 2-3 more lines of the song be sung.

Released and Back in Parliament

Just a quick note to everyone who have shown great concern, I'm out of the police station now on personal bond (I think that's what it is) and am currently in parliament, in time to ask my scheduled question for No. 2.

I'm due to check back with the police station together with the other 23 persons who were arrested on the 24th November.

I'm in good spirits, so no one needs to worry, will write more later. The Public Accounts Committee is schedule to convene at 11.30am as well to discuss further on the Eurocopter issues.

Arrested

Was at the candlelight vigil against ISA as well as to commemorate the first anniversary of BERSIH gathering. the story you can read from Malaysiakini.

I was arrested while seeking out Ronnie Liu and the senior police officers in charge to make sure that everyone is ok.

the CPO Selangor issued the call to arrest me, and 2 guys came over to grab one arm each and pushed me towards the Black Maria.

I stated that I will walk, don't be rough but they tore my shirt instead. I repeated my call and 3 other police officers came at me, one with the knees into my belly while another attempted to kick my shin.

They then chucked me against the back of the Black Maria truck and shoved me up despite me stating that I can climb myself.

Apparently after waiting some 2 hours plus, it appears that they are going to keep us for the night here, and charge us tomorrow.

Weng San was also assaulted and had major bruises and some bleeding on the face. He saw the police who assaulted him here at the station, and Ronnie confronted him for his name. he appeared shaken by the demand and he refused to give his name and gave insted some very rude retorts.

Will update if I have sufficient battery. We are in good spirits and the lawyers have just been allowed in. So don't worry guys and gals :-)

Ah, and yes, its my first time. Not at all glamourous. :-)

The Police Must Be Crazy

It is such a sad state of affairs. You would have read in Malaysiakini our top police officers making allegations and counter allegations against each other, against the Deputy Minister of Internal Security and the Anti-Corruption Agency.

You would also have read the news of police officers with automatic rifles charging at a 100 year old Hindu temple and its devotees to demolish the building. Many were injured as a result and one victim is apparently in a coma. Some 14 persons were arrested including a 15 year old boy.

Late last evening, 4 lawyers - P Uthayakumar, M Manoharan, V Ganabathy and Vethamoorthy went to Shah Alam police station to lodge a police report over the above incident.

Unbelievably, based on witness statements, they were denied entry into the police station at the gates. Shouting began and a small fracas soon followed with one of the lawyers pushed to the ground.

Finally, the lawyers were allowed in to lodge their report over the afternoon temple demolition incident. However shockingly, the Deputy OCPD then appeared and had the four lawyers handcuffed and arrested!

As 2 of the lawyers are DAP lawyers, I received a call from one of the concerned Malaysian present and I arrived at the scene at about 12 midnight.

There was already a group of Indian Malaysians gathered outdside and a candlelight vigil was soon started, where we asked for the lawyers to be released.

We tried to get the police officers to let the parents of the 15 year old boy see their child but the police refused permission.

Calls were made and soon a team of lawyers from the bar council arrived, led by Edmund Bon. However, they too were denied access.

The OCPD then led a small team of police officers to confront us (who were at the gates) insisting that our peaceful vigil was illegal and insisted that we disperse. He however refused to entertain requests for his name made by Weng San (who joined me later), as well as others - clearly against police protocols.

The Bar Council lawyers took the opportunity to insist that they be allowed to see their clients which the OCPD initially refused. However with seeming pressure from the crowd and fluent recitations of the penal code, the OCPD relented to let the Bar Council lawyers into the police station.

We waited for more than an hour only to find out that they were not allowed to meet the lawyers who were detained. Edmund and co then proceed to file a police report that they were not allowed to see their clients. The police then attempt to "chase" the lawyers out of the police station, only to have the lawyers lodge another police report on the police attempting to do so.

Given the Prime Minister's rude and poorly explained snub on the Bar Council, this only goes to show the scant regard our government has for the rule of law. All these happenings, temple demolitions, police brutality and sheer governmental arrogance just makes you think that an "evil" government is running this country. The government has lost all moral authority over the population and anybody with a decent and clear conscious cannot possibly know the above and yet vote for Barisan Nasional.

And where's the much need Independent Police Complaints and Monitoring Commission (IPCMC) to restore the credibility of the force which Pak Lah promised (so long ago)?

I left the scene not too long after receiving the above news, knowing that the lawyers in custody are in good hands. ;) Tony Pua reporting from Shah Alam Police Station Headquarters, 2.45am. ;)

Jed Yoong Faces Police Harrassment

A sometimes controversial blogger, and often a critic of Tony Pua, Wong Chun Wai and many others, is currently being harrassed by the Police. Honestly, I'm not a fan of Jed Yoong but I respect her right to freedom of speech and I never once attempted to stop her from say her piece.

But then again, I'm no fan of the Malaysian police either, who has a tendency to beat up citizens who light up candles for a cause in a peaceful manner, and take on (or ignore) investigations at the whims and fancies of their political masters. Clearly, Jed is now being investigated for sedition for one of her blog pieces, due to police reports filed by some UMNO ultras in Petaling Jaya.

Without dwelling on the merits of her case, the police investigation against her shows the bias of the force, for a similar report I made against "Kelab Penyokong Maya Umno" last year was never investigated despite my statement being taken.

The police attempted to intimidate bloggers last year, for example with the high profile arrest of Nathaniel Tan, and it appears that they'll only continue to exert such pressure on bloggers, possibly increasingly so, after Najib takes over as the new Prime Minister.

Anyway, below is the press statement issued by Jed Yoong to all press.

PRESS STATEMENT FOR IMMEDIATE RELEASE
February 25, 2009 WEDNESDAY

Inspector Mohd Riduan Abd Majid (Office Phone No.: 03-26163989 / H/Phone No.: 019-9890484) from the Bukit Aman Commerical Crime Department's Cyber and Multimedia Crime Investigation Unit emailed me this morning, saying:

"I want to continue a statement recording with you. There are several questions to ask, so it will make your statement very clear. Hope you to come at JSJK Bukit Aman this evening at 5pm or 6pm. I will make it fast."

I've agreed to go in at 7pm this evening (Wednesday, Feb 25, 2009).

On Monday (23/02/2009), I went to the Bukit Aman Commerical Crime Department's Cyber and Multimedia Crime Investigation Unit and gave my statement to Inspector Riduan from about 6pm -- 10pm after he called and emailed me on the same day. I was unrepresented by a lawyer as, when asked, Inspector Riduan says he doesn't need one.

Under tremendous pressure, with my handphone taken away from me, facing two officers and one or two that came in and out, I felt I had no choice but to give and sign a statement against my wishes in order to ensure my safety. Riduan at many points refuse to allow me to give me the answers that I want and changed my statement many times to fit his preferred answers. I was also not allowed to see the police report and had no idea why I was being interrogated. However, the police were courteous and professional at all times and I am happy to cooperate with the police who are merely doing their jobs.

Following that, at about 10pm, as instructed by the police, I brought four policemen (ASP Hazizi Bin A Samad, Insp Mohd Faizal B Zainal, Insp Zurina Bt Alias and KPL 128548 Zawahid Bin Nik) to my family's house. I led the way with Insp Zuraina in the car while the others followed my car.

Before entering my house ASP Hazizi informed me that he is entering the premises and seizing my computers under the Sedition Act, which I am being investigated under. They came in drew floor plans of my house, took photos, recorded videos and confiscated my laptop, its power cable, a desktop CPU, a router and a modem. At all times, the police were professional and courteous.

The next day (Tuesday, February 24, 2009), I lodged a police report at the Brickfields police station/IPD about the the items confiscated as I am concerned that the data in the items would be tampered with as I am not the only one using the computers (which are not password protected) and I did not check the data before I handed over the items to the police.

I feel that I am being set up by the police and my rights has been violated as I've not been shown the police report, my statement taken from me under conditions in which I feared for my safety, items seized from my house and I've not been advised by the police to get legal representation.

If I have broken any laws, I wish to say that it is unintentional and there is no malice involved, what more an intent to incite hatred of any sorts. I am merely expressing my opinion using modern technology in the 21st century.

I feel that the country's laws are not equally applied to everyone but used to silent dissent, in particular ordinary bloggers with no political backing.

My blog is not particularly influential, compared to mainstream newspapers like Utusan, The Star, Sin Chew, etc, and other news outlets like TV3. These media have the potential to easily incite hatred and cause racial riots. In my view, in many cases, the Malay-vernacular press have published many articles that can be said to incite racial hatred, for instance, Utusan's frontpage yesterday that claimed DAP Hina Islam? (DAP Insults Islam?) ( http://www.utusan.com.my/utusan/info.asp?y=2009&dt=0224&pub=Utusan_Malaysia&sec=Muka_Hadapan&pg=mh_01.htm )

Hence I strongly feel it is ludicrous and absurd to say that I can even influence anyone what more incite racial hatred or any sort of hatred towards anyone. If anyone is hateful, they will be so without reading my blog. I am not God.

I also wish to say as a Malaysian, I am loyal to King and Country. In many posts I've always expressed my gratitude towards the country for allowing my family to have a happy prosperous live, especially under the Barisan government led by Dr Mahathir Mohamad. If I've offended anyone with my honest feelings based on facts, it is not my intention to do so. In the 21st century, rulers of all kind should be open to feedback because after all they are not gods that are are beyond reproach.

It would be much appreciated if the media will carry my statement or send reporters to the Bukit Aman Commercial Crimes Unit tonite. I will be there from 7pm and am not sure what time this second interrogation will end.

I've lost my handphone and can only be contacted via email now till I get a new handphone later today.

Thanks.

Jed Yoong Yui Foong
熊玉鳳

Will Khir Toyo be Charged?

I was arrested (and whacked) for lighting candles at a peaceful gathering of 200 or so people last year in an open park and charged for my "crimes".

Four days ago, Khairy Jamaluddin, UMNO Youth Chief candidate led a 1000-strong crowd chanting "kill him" at those accused of alleged treason in Ipoh. He got away scot free (not for the first time too!).

When UMNO Youth also demonstrated in an unruly manner outside Karpal Singh's legal office in Kuala Lumpur 2 days ago, and Karpal

related that he had spoken personally to an officer in uniform, whom he identified as “Mr Chan”, and was told that the organisers had not got a permit for their protest but that he was “under instructions” not to break up the rally.

Finally, when Khir Toyo led an UMNO Youth march in Penang heading towards Karpal's personal home, the police arrested him. (That must have been such a slap in the face for Khir Toyo, the other UMNO Youth chief hopeful)

Thank you to the police for acting impartially in Penang. The next step is for the Attorney-General's office to prosecute Khir Toyo for "illegal assembly".

I'm all for protecting our constitutional right for freedom of assembly, for holding peaceful demonstrations. But all must be equal before the law, as expressly stated within our Federal Constitution - therefore if the police are to prosecute anybody for peaceful assembly, then all should be prosecuted. If not, then all charges to all accused of 'illegal assembly' must be immediately dropped.

Will Khir Toyo be charged? (Was that a rhetorical question?) And if he is charged, it'll be absolutely hysterical if his defense was the right to peaceful assembly as provided for in our Federal Constitution!

Do We Live in The Simpsons Country?

For those who have not watched Malaysiakini's video on the 21 of us being charged by the Attorney General's office for gathering to light candles and sing the national anthem, here it is.

More interestingly, K Anand, who writes at The Malaysian Insider brings back memories of a 2006 episode of The Simpsons entitled "The Monkey Suit", where Lisa attempted to bring the Theory of Evolution into schools, and got arrested for her troubles. The parody is just frighteningly similar to what's happening to our Bolehland today...

Lisa then decides to go underground, organising a class after regular school hours to teach her classmates about Darwin and his book “The Origin of the Species”.

As she starts her first class, the door of the room is busted open by Police Chief Wiggum of the Springfield Police Department and his two deputies, guns drawn, arresting a young girl who was just trying to educate her fellow students.

Lisa says something to the effect that “there are harden criminals out there and you want to arrest me”, to which Wiggum replies “we only work based on the last law passed”, which was the one made at the town hall meeting above.

As they are talking, the scene shifts to the Kwik-E-Mart where a machine-gun toting criminal is randomly shooting at passersby from the rooftop. Looking through the window, Chief Wiggum just shrugs and says “ahhh... on another day we would have been all over that scene”.

Way to go, Malaysia.