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Kg. Medan Prims' final appeal to Suhakam By PRIM 31/7/2001 10:09 am Tue |
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[sangkancil] Kg. Medan Prims' final appeal to Suhakam (27/7/01)
TEL:03-22825241 / 013-3504711 Y.BHG TAN SRI MUSA HITAM FAKS / 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
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