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1.      EMERGENCY ORDINANCE (E.O.) : RM5.5 MILLION BRIBE.
2.     INCREASE POLICE EFFICIENCY AND POLICE COMPETENCY. INSUFFICIENT EVIDENCE & E.O. NO SUBSTITUTE TO THE DUE PROCESS OF LAW.
3.          LEAVE JUDGMENT TO JUDGES, NOT DEPUTY MINISTER PLUS POLICE.
4.          E.O. - OBSOLETE, OUTDATED MISUSED AND ABUSED.
5.          YOUTHS (19) HAVE DIED/MALAYSIAN INDIANS MOST ABUSED BY OPPRESSIVE E.O.
6.          CALL FOR IPCMC.

50 years of Independence and Malaysia still being in a state of emergency! The continued usage of the Emergency Ordinance (E.O.) 1969 to arbitrarily detain suspected criminals without trial as “there is insufficient evidence” is obsolete, outdated, abuse and misuse of powers.

After all these 50 years the police excuse of “there being insufficient evidence” is not acceptable. Why isn’t there sufficient evidence when even the layman knows from the CSI documentaries that criminals in almost all cases leave behind traces of evidence implicating themselves. The police have been given enough time, resources, budget, extra personnel etc. and the “insufficient evidence” excuse is only reflective of their inefficiency, incompetence, short cut (summary Justice), cover up and above the law mindset.

The Inspector General Police have to explain why the police are unable to procure sufficient evidence and have to resort to “short cuts” in this many number of cases. This inability to procure sufficient evidence mindset has certainly contributed to the current and sudden surge in crime rates.

The E.O. if at all should be used in the most extreme exception and with greater judicial safeguards and not as a “short cut” as is becoming the prevailing trend (Note: this short cut is acknowledged by the Deputy Internal Security Minister in today’s english dailies).

The Rule of Law in civil societies is that a man is presumed innocent until proven guilty by a Court of Law. So please leave Judgments of guilt to the Judges and not the combination of the Deputy Minister plus the police personnel which gives rise to perceptions of abuse and misuse of powers, bribery etc.

We have estimated that suspected youthful offenders (18-21) form about 20% of detainees in Simpang Renggam. At least two (2) youths Tharmaragan Subramaniam and Hendry Sreedhran both merely 19 years old have mysteriously died during detention under the E.O.

Youths between 18 to 21 years of age in particular should be corrected as opposed to being punished by imprisonment what more detained without trial (which is the growing international practice).

We are also particularly alarmed that about 60% of the detainees held under the E.O. at Simpang Renggam are Malaysian Indians when they form only 8% of the total population.

To avoid indulgence in crime and bringing down the national crime rate the Malaysian Indian poor in particular should be given equal opportunities and not be discriminated against in business, licences, loans, small and medium scale industries, job opportunities both in the public and private sectors etc.

We have received numerous complaints that the “real criminals” having been let of the hook (as is evidenced by the ever increasing crime rate) at the expense of especially these suspected youthful soft targets who in any event cannot afford to defend themselves in a Court of law.

We hereby call upon the IGP to:-
1.      Increase police efficiency and competency in gathering sufficient evidence with the view to prosecute the real criminals.
2.      Use the E.O. as the exception rather than the short cut/rule in enforcing law and order.

We view the allegations of the RM5.5. Million corruption in E.O. cases involving the Senior Deputy Minister very seriously.

In the interest of justice we hereby call upon the Government of Malaysia to grant full legal aid to each and every detainee detained without trial and to abolish the obsolete and outdated laws which allow detentions without trials namely:-
1.      Gaming Act 1972
2.      Internal Security Act 1960
3.      Drug Dependants Act 1983
4.      Dangerous Drugs Act 1952
5.      Emergency Ordinance 1969
6.      Prevention of Crime Ordinance 1957
7.      Restrictive Residence Enactment 1933
8.      Firearms Increased Penalties Act 1971

The sure way forward is the implementation of the Investigation Independent Police Complaints and Misconduct Commission (IPCMC) with independent investigation and prosecution powers and unlimited funding.

Thank You,
Yours Faithfully.

P.Uthayakumar,
Legal Adviser
s.k      1. Y.A.B. DATO’ SERI ABDULLAH AHMAD BADAWI
Prime Minister of Malaysia
And Minister of internal Security
Block Utama,                                    Fax: 03-88883444/post
Bangunan Perdana Putra,                                Email: reduceredtape@pmo.gov.my
Pusat Pentadbiran Kerajaan Persekutuan,                 Email: abdullah@kdn.gov.my
62502 Putrajaya.                                Email: ppm@pmo.gov.my