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Kg. Medan Prims' final appeal to Suhakam
By PRIM

31/7/2001 10:09 am Tue

[sangkancil] Kg. Medan Prims' final appeal to Suhakam (27/7/01)


PARTI REFORMASI INSAN MALAYSIA (PRIM)
IBU PEJABAT PRIM
SUITE 8-10-5 (A)
MENARA MUTIARA BANGSAR
JALAN LIKU OFF JALAN RIONG
BANGSAR 59100 KUALA LUMPUR

TEL:03-22825241 / 013-3504711
FAX:03-22825616



Y.BHG TAN SRI MUSA HITAM FAKS /
PENGERUSI SUHAKAM DENGAN TANGAN
TINGKAT 29,
MENARA TUN RAZAK, 27.07.2001
JALAN RAJA LAUT,
50350 KUALA LUMPUR.


Y.BHG TAN SRI,


PER: KAMPUNG MEDAN: SUDDEN AND UNPROVOKED RACIAL ATTACKS ON INNOCENT PEOPLE BY AN ARMED GROUP OF ORGANISED CRIMINALS FROM OUTSIDE KAMPUNG MEDAN.

We refer to the above matter, to our four (4) Meetings with the learned SUHAKAM Commissioners and our ten (10) previous LETTERS and two (2) MEMORANDUMS to your goodselves and to your letter dated 17.07.2001.

We humbly wish to state that we have written, said and submitted enough to your goodselves.

However we are rather surprised that vide your letter dated 17.07.2001 you have stated that you would want to first study the reports prepared by NGOs and relevent Government bodies first before considering your next course of action which condition has never been imposed on others.

We wish to humbly state that for a distinguished body like SUHAKAM to state this after about 140 DAYS of the tragedy is indeed unreasonable, dissapointing, disturbing and a tragedy in itself.

As for your second paragraph we have sought legal opinion and respectfully wish to state that Affidavits may not be in order but a statutory Declaration may be so.

We have been advised that the ten (10) Police Reports (which has higher legal and evidential value) have been submitted to your goodselves for your due consideration from the very onset (30.03.2001) and any Affidavits / Statutory Declarations would only amount to a duplicity and / or repeatation of the said Police Reports. In the circumstances we beg to differ. We would therefore not be furnishing your goodselves with the said Affidavits / and / or Statutory Declarations as requested.

With reference to our 108 page MEMORANDUM dated 30.03.2001 and submitted to your goodselves on 30.03.2001, our further and subseqnent enquiries reaffirms our position as per our 108 page MEMORANDUM that sudden and unprovoked racial attacks were launched on completely innocent people by an armed group of organised criminals from outside KAMPUNG MEDAN in full view of the police resulting in at least Six (6) people being killed and 78 severely injured. This stands as the worst form of violations of Human Rights in the history of Malaysia.

We are of the humble opinion that unless an open Inquiry is held SUHAKAM would not be able to determine if there were violations of Human Rights.

We also note that precedent has been set that an open Inquiry has been conducted in a case where one person was hospitalised while others alleged of police brutality. In that case SUHAKAM decided to hold an open Inquiry within four (4) days of the incident (which we support). In the yesterday s SUN News paper 26.07.2001 SUHAKAM has decided to hold an open Inquiry into the ISA detentions (which we support) which merely involves the suspension of liberties of Six (6) People whereas the magnitude severity and the gravity in the KAMPUNG MEDAN tragedy is far more serious but yet least prioriry is accorded to by SUHAKAM.

We also wish to place on record that no reply / proper replies were given to our ten (10) LETTERS and two (2) MEMORANDUMS as of date. Should we not receive a reply thereto on or before 3.08.2001 we shall presume and assume that you are agreeable to the contents thereto.

From the above we can t help but are left with the impression that your goodselves are not serious in attending to this matter and / or have not read our said MEMORANDUM dated 30.03.2001.

"In fact there seems to be a case of SUHAKAM holding selective Inquiries and being bioused against the oppressed suppressed marginalised and working class sector of the MALAYSIAN INDIAN COMMUNITY. We hereby urge SUHAKAM as an Independent and Impartial body to rise above racial and religious considerations and not merely champion the cause of the majority, popular causes or play to the gallery for that matter. SUHAKAM has to act in utmost good faith and if at all must lean backwards to show compassion and protect the minorities as is consistent with a caring and civil siociety.

Please also take note that as we are approaching the 150TH DAY, the innocent victims have been abandoned by the government, there is no Royal Commission of Inquiry by the government, no Inquest by the Courts (into the deaths of the Six (6) innocent victims) and no legal action by the police and the Attorney General s Chambers. And with SUHAKAM not wanting to hold an open Inquiry as at date it appears that the Whole Country is wanting to hush up this tragedy.

The pain and suffering of these innocent people is continuing with no or very little government assistance while the whole tragedy still remains a mystery.

However we wish to state that we are serious in our pursuit of Human Rights for all and in particular in respect of the police inaction in KAMPUNG MEDAN. We enclose herewith once again our Police Report NO. PJ 4310/01 dated 7.04.2001 against the Inspector General of Police and three others togather with our letter dated 7.04.2001 asking for the aforesaid persons to be suspended pursuant to the Police Act and the Federal Constitution.

Your initiatives in this matter appears rather clear to us and as we are unable to pursue this matter further with your goodselves. We regret to inform you that we would like to hereby cancel our scheduled Meeting with your goodselves on 3.08.2001 (150TH DAY of the said tragedy and continuing).

Further if your goodselves are still not prepared to hold an open Inquiry as at 3.08.2001 we would be left with to alternative but to institute legal proceedings at the High Court against your goodselves including but not limited to a Writ of Mandamus to compel you to hold the said Inquiry pursuant to but not limited to Section 4 (1) (d) and Section 18 of the Human Rights Commission Act 1999 and we having taken into consideration Section 18 of the same Act. Thereafter we would assume that we have exhausted all our diplomatic avenues and would proceed with our national and international campaigns.

We apologise for all and any inconveniences incurred and mean no disrespect to the distinguished body SUHAKAM.

"LIVE AND LET LIVE"

Thank You.

Yours Faithfully,



P.UTHAYAKUMAR
SECRETARY GENERAL (PRO-TEM)
PARTI REFORMASI INSAN MALAYSIA (PRIM)