Wednesday, July 9, 2008

Malaysian Islamic court declares dead man Muslim amid Hindu family's objections

Malaysian Islamic court declares dead man Muslim amid Hindu family's objections

The Associated Press of IHT
Published: July 7, 2008

KUALA LUMPUR, Malaysia:

An Islamic court has declared a dead man a Muslim, preventing his Hindu family from cremating his body, in the latest dispute over religious conversions in Muslim-majority Malaysia, their lawyer said Monday.
A Shariah court in northern Penang state ruled Friday that B. Elangesvaran, 34, who committed suicide last month, was a Muslim and his body should be released from the hospital for Muslim burial, lawyer R. Nethaji Rayer said.

In handing down the ruling, the Shariah court upheld the local Islamic Religious Affairs Department's claim that Elangesvaran had converted to Islam before his death.
A civil court — the Penang High Court — dismissed the application by Elangesvaran's family Friday to have him declared a Hindu, Nethaji said.
The court later Monday also refused to grant an injunction to stop the Islamic department from taking possession of Elangesvaran's body, Nethaji said.

"The body will be buried according to Muslim rites," Nethaji said. "History has shown that in 10 cases like this, we've won one."
It was not immediately clear when the department would conduct the burial.
Religious conversion disputes often erupt in Malaysia, where Muslim Malays make up 60 percent of the population and mostly non-Muslim ethnic Chinese and Indians account for a third.
The cases have put pressure on the government to guarantee the rights of religious minorities who increasingly complain they lose out in disputes involving Islam.

"This is not proper at all," said Nethaji. "Generally (the civil courts) always take the stand that they cannot interfere with the Shariah court."
Malaysia has a dual court system. While Shariah courts handle civil matters for Muslims, civil courts rule on the same for non-Muslims. It is unclear which court has the final word in conversion disputes.

Ghazali Saad, an official with the Penang Islamic department, said his office had proof that Elangesvaran had converted before his death.

"We have the document that he converted to Islam," he said, but declined to comment further, pending the outcome of the case.
Nethaji said the purported proof was only a scribbled note allegedly written by Elangesvaran. The note was not signed, he said.

He said the family was "distraught, very disappointed, completely broken down ... They are unable to go on with their lives. It's all hanging in the balance."

source : http://www.iht.com/articles/ap/2008/07/07/asia/AS-Malaysia-Conversion-Dispute.php

-->

An Attempt to Break up HINDRAF?

An Attempt to Break up HINDRAF?
Hindraf.org- Sun, 06/07/2008 - 10:04 — Anonymous

An attempt to break up HINDRAF6th July 2008
I would like to add my thoughts on the recent issue raised about the treatment of Mrs. Vasanthakumar - but from a different point of view altogether.
When an organization emerges that is able to challenge status quo, the normal reaction from those challenged is to try and break up the organization and kill off the opposition posed by the organization in this manner.

Several events since the arrest of the 5 HINDRAF leaders seem to suggest a similar process at work against HINDRAF.
On the 14th of January 2008 it was reported that Vasanthakumar had lodged a police report against several leaders of HINDRAF and related members about the alleged collection of funds and subsequent misappropriation of the money. Whether this report was made under duress or whether it was part of this process to break up HINDRAF, the allegations made in the report are clearly false. If it was made under duress there was ample opportunity subsequently to correct the perception created.

On the 22nd of January a report in Malaysiakini appeared about a statement made by Vasanthakumar’s wife. “She told Malaysiakini yesterday: “He (Vasanthakumar) told me that the report was made as an insurance policy to protect themselves against police claims that they are seeking funds from terrorist organizations. She said their plan was to make it clear that funds collected locally was not used for any alleged terrorism activities, but rather for the community activities. ”

My comment is that, if you read the police report and this explanation together, it does not look like a retraction of the earlier statements that was intended by this explanation, to correct the wrong impressions created. The tone of the police report was misappropriation of the funds, the tone of this subsequent explanation is self preservation. It bothers me very much that there is this significant anomaly. I am bothered whether this is an outright attempt to cover up the true intentions to damage the integrity of the leaders, or if it is a concealed and more subtle attempt to confuse the people at large, or if it is something else we do not expect. Whichever way this is a cause for serious concern to all of us.

In that same report he is purported to have said“He (Vasanthakumar) wants everyone to know that they are very united - there have been no open arguments as claimed in certain (text-messages). And that the report was made in consideration for their own safety in the future.”
The fact is Uthayakumar is in a cell in a different block from Vasanthakumar now. This separation was requested by Uthayakumar himself because of the constant threats and badgering by Vasanthakumar. Badgering - stating repeatedly and in hateful ways that it was only because of Uthayakumar that they were all detained. Threatening – stating again in very threatening ways that Uthayakumar will be bodily harmed on their release, whenever that happens.

We do not know the true intentions of these kinds of actions on the part of Vasanthakumar, but whichever way this is cause for serious concern on our part. Even if is not by design, and even if it is spontaneous this is not acceptable behavior, as it has the effect of breaking up the leadership of HINDRAF and playing exactly into the hands of those opposed to HINDRAF. He would have served the opposers their purpose by these kinds of actions. Even if the intentions are different , the effect is the same..

It is also a known Special Branch tactic to infiltrate organizations to break them up. An individual comes on the scene a few months earlier, works his way all the way up to the top, by aggressively seeming to promote the interests of the group, then studies all the goings on and movements and creates episodes based on circumstances to smear, to confuse and to use the episode thus created to kill off the organisation.

It is not too far fetched to think that this kind of intrigue is actually behind several of the episodes referred to above. Circumstances suggest very strongly that this may be happening.
So, Vasanthakumar has some serious explanation to do. He must explain in detail exactly why he did all what he did and his explanations must be totally supported by the other leaders. There must be no anomaly, there must be no dissension from any of the leaders in detention with him. If he does not satisfactorily make the explanations, the people will have no choice but to conclude the inevitable – that he actually worked for the Police Special branch as their agent to kill off HINDRAF.
This is tantamount to TREACHERY.

History has many instances of how such individuals are dealt with, so Vasanthakumar, you must come clean. Everyone has to remember that in the ultimate analysis it is the people who matter and who decide.

TRUTH WILL PREVAIL AND THE PEOPLE WILL PREVAIL!



Comments

Sun, 06/07/2008 - 16:43 — krishavengkat

Hi, Anonymous

hi,I have to agree with your point of views onconstant threats and badgering by Mr. Vasantha Kumar to Mr. Uthaya in KEMTA cell few months ago. Indeed I myself heard about this quarrel few months ago. It was said that, the H5 cell was very noisy with arguements and quarrell. We were also informed that , H5 cell create big noise and everyone knows that a mouth war was going on. I wasn`t informed who quarreled and what was the cause. To clarify my query, I wrote a mail to admin and asked them to inform us about these H5 progress in KEMTA.After reading this article, I know the true happening. Once we know that a person close to us is turning into blacksheep, just ignore and pretend as nothing happened. Be positive and be calm. Those who eat chillies, has to drink water.Hindraf is not build based on low quality people. Hindraf is bulit by high quality people who have high spirits, high tolerance, high level of patience and of course intelligent.
So have no worries. Blacksheeps will not harm Hindraf!

..

Satu lagi kekejaman ISA


Roy Rasul Wed Jul 09, 08 6:59:26 am MYT
KUALA LUMPUR,9 Julai (Hrkh) -


Aina Mardiah Shahrial, 17, yang menghembus nafasnya tanpa kehadiran orang yang dirindui di sisi, melahirkan rasa marah dan kecewa beberapa pihak apabila pihak polis dilihat melengah-lengahkan pelepasan sementara ayahnya yang ditahan tanpa bicara di Kem Tahanan Kamunting, Perak.

Anak sulung kepada salah seorang tahanan di bawah Akta Keselamatan Dalam Negeri (ISA), Shahrial Sirin ternyata dinafikan haknya sekalipun beliau dalam keadaan nazak, ayahnya langsung tidak dapat bersama-samanya di saat-saat akhir beliau dirawat di Hospital Kajang, Selangor pada petang Khamis, 3 Julai lalu.

Biarpun pelbagai usaha dilakukan keluarga, rakan-rakan serta aktivis Gerakan Mansuhkan ISA (GMI) untuk membawa keluar ayahnya dari Kem Kamunting, Taiping, Perak, tetapi usaha itu gagal kerana ayahnya sampai setelah hampir empat jam Aina meninggal dunia.
(Aina paling kanan bersama rakan sekolahnya- gambar di atas)

Pengerusi GMI, Syed Ibrahim Syed Noh berkata, beliau berasa sangat sedih kerana Aina meninggal dalam keadaan ayahnya tiada di sisi.
Beliau berkata, ketidaksempatan ayahnya ziarahi beliau yang dalam keadaan koma disebabkan tidak ada kesungguhan polis untuk menyegerakan membawa ayahnya bertemu Aina.

"Tunggu punya tunggu sampailah anaknya pergi menghadap tuhan tanpa melihat ayahnya yang sudah tujuh tahun di penjara," katanya turut berada di hospital ketika Aina kembali ke Rahmatullah.
Katanya, apa yang dikesalkan ialah berita mengenai ketenatan Aina diberitahu kepada pihak berkuasa sejak malam dia dimasukkan ke hospital lagi.
"Ini satu penyeksaan dan bukan sifat kemanusiaan dan sepatutnya pihak berkuasa membenarkannya keluar lebih awal untuk memberi kesempatan kepada seorang ayah untuk menziarah anaknya yang kritikal," katanya.


Katanya, sesungguhnya rasa sedih beliau tidak mungkin sama dengan rasa yang dihadapi keluarga tersebut lebih-lebihnya ibunya, Siti Fatma Masrum yang begitu berharap suaminya tiba pada petang itu.
Beliau berkata sebagai manusia yang mempunyai sifat keinsanan pihak berkuasa sepatutnya merasai keluh kesah keluarga tahanan ISA.


Oleh kerana itu, tidak ada lain cara untuk atasi halangan tersebut melainkan kerajaan membebaskan segera tahanan ISA termasuk Shahrial bagi mengembalikan hak mereka ke pangkuan keluarga.
Malah katanya, peristiwa seperti itu sudah kerap diucapkan dan kerana itu katanya kerajaan harus bertanggungjawab penuh ke atas mereka.


"Ini satu perkara asas tetapi apabila ia dikaburi dengan alasan keselamatan negara yang dianggap lebih besar isu kemanusiaan mnejadi kecil dan remeh," katanya.

Sementara itu,Ketua Penerangan Pemuda PAS Selangor, Mohd Sani Hamzan menyifatkan kematian tersebut sebagai satu kemalangan kepada sistem demokrasi dalam negara ini.
Katanya, ini jelas apabila, ayah adik Aina dinafikan haknya untuk datang melawatnya sehingga pesakit meninggal dunia.

"Saya kira ini merupakan satu malapetaka dan gerak gempur kepada amalan demokrasi yang menampakkan kerajaan Barisan Nasional hilang sifat keperimanusiaan kepada perkara-perkara yang melibatkan kematian dan kehidupan rakyat Malaysia," katanya yang datang menziarah Aina di hospital pada Khamis lalu.

Dalam pada itu, Pengerusi Pusat Sokongan Keluarga Gerakan Mansuh ISA (GMI), Norlaila Osman berkata, peristiwa kematian Aina Madiah merupakan satu bukti terbaru mengenai kezaliman kerajaan yang berkuasa untuk percepatkan lawatan seorang tahanan ISA, Sahrial Sirin untuk melihat anaknya yang sedang tenat di hospital.
Katanya,walaupun beliau bersama-sama kaum keluara dan rakan-rakan menghubungi kem Kamunting sejak malam lagi sama ada melalui telefon dan faks untuk tahanan dibenarkan keluar dari kem tahanan.

Lebih menyayatkan hati katanya, Aina disahkan doktor yang memaklumkan bahawa beliau sedang bertarung nyawa dan bergantung kepada mesin jangka hayat.
Beliau yang turut menemani Aina di hospital mendakwa, pihak berwajib terutamanya anggota SB dilihat sewenang-wenangnya menggunakan kuasa mereka untuk mencabul hak tahanan walaupun hanya untuk melawat anak yang kritikal.

"Bagi saya tiada maaf di atas peristiwa seperti itu dan sebenarnya satu penegasan yang datang daripada mereka yang hatinya kering dan begitu sombong.
"Peristiwa ini juga menguatkan azam saya untuk terus berjuang memastikan ISA terkubur dari bumi Malaysia
," tegasnya. - mks._

Sunday, July 6, 2008

VOH- Comments from recent news

Voice of Hindraf

A. Sivanesan proves to be the mandoreof the DAP as MIC was and is the mandore of the UMNO. Former Perak State Assemblyman R.K.Muthu was reported in Tamil Nesan on 24/06/08 as saying that he had spoken to the Perak Menteri Besar who had agreed that 50 acres of land would be granted to 204 people affected by the taman pinggiran risha hijau abandoned project. However on 25/06/08 coolie DAP Exco member A. Sivanesan denies that the said Menteri Besar had made the promise. It should have been the Menteri Besar who should have made the denial. Why are the DAP coolies now replacing the MIC Indian mandores? In any event R.K.Muthu also should not be mis-representating the Indians by making “empty” media statements without anything in writing from the Menteri Besar. This is exactly what the MIC had been doing over the last 50 years. Enough is enough. Let us have a new beginning with people power Makkal Sakthi’s voice. Genuine and independent Indian political voice and representation at the highest political level and without fear or favour is the way forward. Our day will come. People power will prevail over PKR, DAP, PAS and UMNO.


Voice of Hindraf

UMNO cheating on Hindu Temple again in the Bangi Sri Maha Mariamman Hindu Temple land issue.
UMNO is yet again using MIC to cheat the Indians. UMNO got their MIC mandores to do a “wayang kulit” shadow play by pretending to have solved this Hindu Temple problem which sits on the University Kebangasaan Malaysia (UKM) land. The MIC gets another Indian mandore i.e. an Indian official from UKM to give a verbal confirmation that it is alright for the temple to sit on the UKM land until the bulldozers come one day when the UKM Indian mandore may not be there anymore. Thousands of Hindu Temples have been demolished this way by mere oral promises. MIC puts up a show in Tamil Nesan and in colour photo picturing an MIC Datuk Krishna Moorthy cum mandore. MIC should have rightfully done this upon securing the land title for the said Hindu Temple in the name of the Temple caretakers and having got the same land gazetted as a Hindu Temple gazette. UMNO can use the MIC and do this to our grand and great grand parents who might have believed UMNO MIC axis but the UMNO MIC axis is out of times. They are now dealing with the third and fourth generation Indians in Malaysia who are now powered by People Power Makkal Sakthi. To MIC, get the land title and then blow your trumpet. Enough of your wayang kulit. At this rate UMNO and MIC would both be wiped out in the 2012/13 general elections. Makkal Sakthi would then prevail and would speak up without fear or favour. Makkal Sakthi would not even bow to the PKR, DAP and PAS or be made use of by PKR, DAP and PAS as their mandores, coolies or showcases as the Indians in MIC., Our day is coming. People Power will prevail with their representative voice at the highest political level. Evil forces will be wiped out.




Voice of Hindraf

Bagan Serai Hindu crematorium Perak given a tar road.
MIC says thank you to local UMNO Member of Parliament. Another wayang kulit by MIC (Tamil Nesan 26/06/08 Pg 13). MIC should have secured the land title to this crematorium, got the same gazetted as a Hindu crematorium and then posed to the Tamil Nesan photographers. This is exactly what MIC has been doing for the last 50 years under UMNO’s wing. The first thing the UMNO government would do when a development comes up in the area is to level up and destroy this historical crematorium which is also the heritage of this country that the Indians lived and died in this place. Also it is not for the local Mariamman Hindu Temple to maintain this. Makkal Sakthi People Power and the current third and fourth generation Indians want a permanent solution to our problems and not mere “peanuts” tar roads.


Voice of Hindraf

Tamil book launch in Seremban (Tamil Nesan 26/06/08 Pg 7).
Two books were launched on short stories and Kannathasan’s poems by the MIC president. As usual in almost all such book launches, MIC over the last 50 years has succeeded in diverting away and getting Tamil book writers to divert away from the real and critical problems faced by the Indians in Malaysia especially the critical Indian problems vis a vis UMNO’s oppression, suppression and 50 years of permanent colonisation of the Indians in Malaysia. MIC and the Tamil writers would talk about past glories of the Indians, Indian Kings in India, the beauty of the Indian based poetry, language play etc. and about everything else except UMNO’s atrocities. We call upon the Makkal Sakthi People Power generation to write in Tamil about the truth especially on the critical Indian problems and the 18 point demands to Prime Minister Badawi dated 12/07/2007 and the 25th November 2007, 100,000 people power Makkal Sakthi, Hindraf Rally at the KL City Centre. Don’t be afraid to blame UMNO for it is the truth. The current generation Indians and Makkal Sakthi People Power want to know the truth.

Friday, July 4, 2008

ISA detainee not given chance to see dying daughter (in Malay)

Ustaz Zainudin Hashim Foto Nasir Sudin
Fri Jul 04, 08 12:24:38 pm MYT
Source - harakahdaily.com

Rasulullah s.a.w. ada bersabda maksudnya: "Sesiapa yang memisahkan seseorang, maka dia bukan daripada golonganku."

Hadis sohih riwayat at-Tabarani daripada Ma'qal Bin Yasar, sabda baginda lagi: "Sesiapa yang memisahkan ibu daripada anaknya, maka Allah akan pisahkan (orang yang bertindak demikian) antara dia dengan seluruh anggota yang dikasihinya pada hari kiamat." - Hadis sohih riwayat Imam Ahmad, at-Tirmizi dan al-Hakim daripada Abu Ayyub.

Kedua-dua hadis ini menunjukkan satu ketegasan terhadap perbuatan memisahkan antara seseorang dan orang yang dikasihinya (ahli keluarga seperti isteri, suami, anak-anak) yang dianggap satu tindakan kejam dan pelakunya dianggap sebagai penjenayah, sebab itu baginda tidak memperakui sebagai umatnya pada hari kiamat.

Inilah yang berlaku kepada sistem pentadbiran negara yang berorientasikan Sekularisme yang bertindak zalim ke atas mangsa-mangsa tahanan ISA yang ditahan tanpa bukti kukuh yang disabitkan oleh mahkamah.

Tindakan tidak berperi kemanusiaan itu mengakibatkan pelaksana undang-undang itu ditolak baginda Rasulullah s.a.w. sebagai umatnya pada hari kiamat, akhirnya tidak mendapat sebarang pembelaan untuk mendapatkan syafaat baginda.

Terbaru berita mengenai seorang tahanan ISA yang masuk tahun ketujuh, Shahrial Sirin yang tidak sempat melihat anaknya Almarhumah Aina Mardiah Shahrial buat kali terakhir sebelum menghembuskankan nafasnya di Hospital Kajang kerana tindakan birokrasi yang menghalang ketibaan Shahrial tepat pada waktunya.

Sudahlah beliau ditahan selama tujuh tahun yang sudah lama terpisah dengan keluarga termasuk isteri dan anak-anak, malah tidak berkesempatan untuk menatap wajah anaknya buat kali terakhir (ketika sedang nazak) sebagai penghormatan kasih sayangnya terakhir sebagai kenangan pahit dalam hidupnya.

Apapun kepada pihak berkuasa, tindakan yang dilakukan itu dengan menahan mangsa tanpa bukti, malah tidak disabitkan kesalahan mereka di mahkamah, mereka akan menjadi golongan yang muflis pada hari akhirat.

Inilah golongan yang mana segala kebaikan pahala mereka di dunia walau sebesar Gunung Uhud sekalipun, tetapi jika tidak mendapat kemaafan daripada mangsa, atau kaum kelurganya yang terdekat, maka pahala yang dilakukan itu akan dipindahkan kepada mangsa, dan akhirnya akan dicampakkan dalam api neraka. Maka sama-samalah kita renung ancaman baginda tersebut. - lanh _

Tuesday, July 1, 2008

Our Special Branch and their 'license to torture'



















Our Special Branch and their 'license to torture'
Josef Roy Benedict Jul 1, 08 4:22pm






On the June 26, the world celebrated the United Nations International Day in Support of Victims of Torture. June 26 is the day the United Nations adopted the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

This treaty was adopted by the United Nations in 1984 after years of campaigning by various human rights organisations and came into force in 1987. Today, over 145 states are party to this convention including countries in this region such as Indonesia, Philippines, Thailand and Cambodia. When a country ratifies this treaty, it makes sure that laws in the country are in conformity with the treaty

Despite this global acceptance that torture is wrong, illegal under international law and unacceptable in all circumstances, Malaysia, which is currently a member of UN Human Rights Council, has refused to ratify this international treaty.
One particular agency which has benefitted from Malaysia’s continued acceptance of torture is the Malaysian police intelligence or Special Branch. They have systematically employed techniques of interrogation including a combination of physical assaults, deception and coercion, and intense mental and physical pressure at times amounting to torture, which became entrenched over the years.

One piece of legislation that has given the Special Branch a ‘licence to torture’ is the Internal Security Act (ISA), which was originally enacted in 1960 to counter a specific threat of communist insurgency but was made permanent. The legislation was amended incrementally to remove key safeguards, including effective judicial review of the lawfulness of ISA detentions.
Patterns of torture and other ill-treatment of ISA detainees have been documented by various human rights organisations since the 1970s against opposition, politicians, journalists, educationists, community workers and other civil society members. In most cases, torture and ill- treatment of ISA detainees take place during the initial 60-day investigation period.
Detainees have been assaulted, forced to strip, deprived of sleep, food and water, told that their families would be harmed, and subjected to prolonged aggressive interrogation to break them down (referred to as ‘turning over’, ‘neutralisation’ or ‘brain washing’) coerce confessions or elicit information.

Many have claimed the situation under ISA detention has improved compared to the 1970s and 80s but recent complaints lodged with Suhakan in 2004 by ISA detainees illustrate how things have remained the same.
Detainees detailed how they were forced to describe how they made love to their wives, being hit across the face with a newspaper; spat at and forced to drink the spittle; and being forced to sit in the cold blast of air conditioners during interrogation.
Two ISA detainees, Abdul Razak Abdul Hamid reported that he had been stripped naked, beaten by his interrogators and forced to drink water poured onto the floor while Sulaiman Suramin reported he was stripped, sexually humiliated and forced to kiss rubbish and cigarette ash. They were both accused of ‘links to terrorism’.

During this period, ISA detainees are usually held in solitary confinement, often in a windowless cell where they lose all sense of time. Within a context of actual or threatened physical assault, the interrogation procedure is designed to induce a feeling of complete disorientation and dependence on the interrogators as the only point of human contact.
The sense of helplessness is exacerbated by their knowledge that access to effective judicial protection has been blocked, and that visits by lawyers and family members are entirely at the discretion of their interrogators.

Despite committing systematic abuse against ISA detainees, none of these Special Branch officers has ever been charged and brought to justice. Even a royal commission, which was set up in 2005 to examine the conduct and management of the police, recognised the lack of accountability of this agency.
The royal commission recognised that there appears to be no legal provisions dealing with the functions, powers and duties of the Special Branch.
The royal commission, in their inquiry, were not given access to the Special Branch Charter which governs the Special Branch and issued by the prime minister and called for it to be made under the authority of the law.
The commission also called for greater clarification of what spelled out ‘security intelligence’ and recognised the agency as a ‘fearful organisation’.
Therefore as the world commemorates this day for victims of torture, it also time for the police reform process to move forward and that this body which has operated with impunity be scrutinised in a public setting.
There is a need to set up an independent body to investigate all the abuses and torture committed by this agency over the last 40 years and brings those responsible to justice.
While many recognise the need for police organisations to have an intelligence arm in tackling crime, there is a crucial need to bring this agency under the rule of law with clear and transparent functions and powers free from political influence and manipulation.
As the royal commission has recommended, report of Special Branch’s activities needs to be submitted to the prime minister at the end of each year and then presented in parliament.
And finally, as we condemn governments which have employed torture as part of the so-called global ‘war on terror’, we Malaysians must call on our government to immediately send a strong message that torture is unacceptable and ratify the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
It must also immediately abolish the ISA and other preventive detention laws which have become a training ground for torturers
I believe we, as a country, will never be secure as long as we allow this department of institutional torture to continue to operate with impunity outside the rule of law.





Source - Malaysiakini Letters - http://www.malaysiakini.com/letters/85383

..