MEDIA STATEMENT (4.10.2001)

RE: KAMPUNG MEDAN TRAGEDY 200 DAYS: SUHAKAM – HUMAN RIGHTS COMMISSION OR HUMAN RIGHTS OMISSION

We refer to TAN SRI HARUN HASHIM’S statement in MALAYSIAKINI (27.09.2001) titled PRIM’S demand opportunistic : SUHAKAM and SUHAKAM saying that PRIM has a political agenda.

We challenge TAN SRI HARUN HASHIM to prove and / or state what our political agenda is. How can PRIM make effective political capital when it is taking up the minority cause. The Political reality is that PRIM cannot win even in a single Parlimentary or state seat and yet is taking up the KAMPUNG MEDAN issue persistently as it believes in Justice and Human Rights for all including the suppressed, oppressed and marginalized sector of the Malaysian Indian Community which is deemed to have neither political nor economic clout. IF at all, our “political agenda” was to seek Justice and Human Rights for the 100 over innocent victims of KAMPUNG MEDAN who were killed / slashed in cold blood without provocation and far no reason or ryme save and except for the fact that they were Malaysian Indians. When we met SUHAKAM for the first time they told us that they were waiting for the Police and the Welfare Ministry Reports. Today after 200 over days they are singing the same tune.

To us this whole tragedy is couched in secrecy and the attackers remaining a mystery up to date. There was a press Blackout from day one and the police allowing the slashings and killings of innocent people to go on for 15 days from 8.03.2001 to 23.03.2001 which is highly questionable and suspicious. And not a single shot let alone a warning shot was fired when the police have a track record of shooting down 1.3 persons per week (MALAYSIAKINI OCTOBER 2001).We are not some country like Bosnia or Afghanistan where lawlessness prevails and the law of the jungle where might is right and violence is the order of the day and the lives and limb of innocent people cannot be guaranteed. We are Malaysia. The Police in Malaysia have an impeccable and impressive record in the enforcement of law and order in almost all cases except in KAMPUNG MEDAN. They have been successful in dispersing 40,000 Reformasi supporters and restoring law and order within 4 hours but in KAMPUNG MEDAN where only about 100 “mysterious” armed criminals from outside KAMPUNG MEDAN went on a rampage, the Police took 15 days to restore law and order.

Despite a police report being lodged against the IGP, Deputy IGP, CPO of Selangor and the OCPD of Petaling Jaya by PRIM, not even a S112 Statement as is required by law was taken from us though more than 3 months has passed now. There is a host of other evidence submitted to SUHAKAM by PRIM against the Police.

Our 108 page Memorandum dated 30.03.2001 is Titled “TIADA PERLINDUNGAN POLIS UNTUK MASYARAKAT INDIA DI KAMPUNG LINDUNGAN (KAMPUNG MEDAN)” which title speaks for itself. It has been abundantly made clear to SUHAKAM that the police “for reasons best known to them” do not want to investigate and / or are not investigating this matter and it is ridiculous for SUHAKAM to say they are waiting for the

Police investigations .To SUHAKAM we say there is a difference between on excuse and a reason, SUHAKAM’S is an excuse.

SUHAKAM has some very eminent members previously from the highest rung of the Judiciary on whom the rakyat has the highest expectations of Justice and Human Rights.

We cannot see why they are still waiting for the police investigations when it is the very same police force we have complained against to SUHAKAM. The very first limb of the Rules of Natural Justice which we all studied at the first year in Law School states “Audi Altren Partem” ie No man shall be a Judge in his own cause. (The complaint is against the police and how can SUHAKAM depend / rely on that very same police investigations.

As for the Welfare Ministry Report, the Government has publicly stated that it is only for the Cabinets’ consumption (MALAYSIAKINI JULY 2001).

SUHAKAM has not taken any steps at all from the word go and is “playing politics” by pushing the buck to the police and welfare people and making this their excuses.

We challenge SUHAKAM to be transparent and state publicly what steps it has taken (besides the police and welfare excuses).

We also challenge SUHAKAM to rise above “political considerations and state in no uncertain terms it’s real reasons for not wanting to hold an Open Inquiry.

The facts are Res Ipsa Loquitoeur. Yet SUHAKAM is practising Human Rights Omission when they are a Human Rights Commission.

TAN SRI HARUN HASHIM and SUHAKAM seem to be diverting away from the primary question that is why have they not held an Open Inquiry for KAMPUNG MEDAN when it involves the worst form of Human Rights violations in the history of Malaysia. The truth is because it merely involves the suppressed oppressed and marginalised sector of the Malaysian Indians Community who are seen as having neither political nor economic clout.

Who is a political opportunist now ? SUHAKAM or PRIM.

SUHAKAM has a track record of acting immediately and appropriately in at least 22 other instances after KAMPUNG MEDAN as outlined in the recent letter of demand by PRIM’S Solicitors to SUHAKAM dated 25.09.2001.

SUHAKAM’S excuse that they are unable to investigate as the police investigations are ongoing and are waiting for the Welfare Reports after 200 days is insulting the intellgence of even the KAMPUNG MEDAN folks.

In the JALAN KEBUN incident not only was police investigations ongoing but there was also Court proceedings ongoing but yet SUHAKAM rightly proceeded almost immediately and within 4 days decided to hold an Open Inquiry lasting 3 months, and released to the Press their findings. So was the case with the Mercy Welfare Home. An Inquiry was commenced within 3 weeks but conveniently SUHAKAM did not have to wait for the Police and Welfare Ministry Reports. What was the urgency in the Mercy case anyway as opposed to the KAMPUNG MEDAN masscare and slashings.

Need we say more to show the biousness and the selective Inquiriy practiced by SUHAKAM? And not to mention the politics they are playing.

In conclusion it appears that one cannot expect Justice and Human Rights from SUHAKAM in Malaysia where it involves a politically and economically insignificant minority.

Perhaps it may not be politically rewarding for SUHAKAM or is it that their political Masters do not want an Open Inquiry for KAMPUNG MEDAN ? IF SUHAKAM is unable to act without fear or favour we call upon all SUHAKAM Commissioners to resign and for it to be disbanded as it involves taxpayers money.

As to whether SUHAKAM is politically motivated or PRIM is, we would leave that to the Courts to decide.

Thank You.

Yours Faithfully,

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