Malaysian Arrests Put in Question Vow of Rights - The New York Times

Saeed Khan/Agence France-Presse — Getty Images

Demonstrators ran as Malaysian anti-riot police fired tear gas shells near Merdeka Square in Kuala Lumpur on Saturday.

BANGKOK — Soon after coming to power four months ago, Najib Razak, the Malaysian prime minister, vowed to temper the country’s repressive laws and respect civil liberties though they have often been ignored.But Malaysia’s honeymoon of liberalism hit the rocks over the weekend, when the police broke up a large rally in Kuala Lumpur, arresting nearly 600 people and reaffirming the governing party’s longstanding policy of zero tolerance toward street protests.

Opposition parties, which organized the rally, were calling for the repeal of a law that allows the government to jail its critics indefinitely without charge. The opposition is also pressing the government to expand an inquiry into the recent death under mysterious circumstances of a political aide after a late-night interrogation by anticorruption officials.

News services estimated that the rally on Saturday, which was broken up by thousands of police officers using tear gas and water cannons, drew about 20,000 protesters, making it the largest demonstration in two years.
“We can provide them stadiums where they can shout themselves hoarse till dawn, but don’t cause disturbance in the streets,” Mr. Najib said Sunday, according to the Malaysian news media.

Since taking office in April, Mr. Najib has gained favor with investors and businesspeople by partly dismantling a system of racial preferences that long caused resentment among the country’s minorities.
He also released 13 political detainees held without trial. An opinion poll conducted from June 19 to July 1 showed 65 percent of respondents were satisfied or very satisfied with his performance. The poll, by the Merdeka Center for Opinion Research, surveyed 1,060 voters.
More recently, Mr. Najib’s government has been criticized as reverting to the authoritarian tactics of previous administrations.

A former health minister and stalwart of the governing coalition, Chua Jui Meng, defected to the opposition in July, saying that Mr. Najib represented an “iron fist behind the velvet glove.”
Lim Kit Siang, a prominent opposition politician, said in a blog entry on Sunday that the large number of people detained “underlines” that the “greatest violators of human rights are often the police and the law enforcement agencies.”

The death of the political aide, Teoh Beng Hock, in July has galvanized opposition parties and caused widespread outrage, especially among the minority Chinese.
Mr. Teoh, a legislative aide in the opposition-controlled state of Selangor, was found dead beneath the 14th-story window of the offices of the country’s anticorruption commission after a nightlong interrogation. A pathologist’s report said he died of internal injuries from a fall.
A government minister initially said Mr. Teoh, 30, committed suicide, but his belt and back pockets were torn, adding to speculation that he might have been forced out the window.
After initial resistance, the government bowed to public pressure and ordered an inquiry into Mr. Teoh’s death as well as the interrogation tactics of the anticorruption officers.

Deaths in police custody have increased in recent years, according to Suaram, a human rights group. According to the Malaysian Home Ministry, 1,535 people died in police custody between 2003 and 2007, the latest year for which data is available.

By THOMAS FULLER
Published: August 2, 2009

Rule of law in jeopardy- Malaysiakini

Perak Speaker Sivakumar being dragged,abused and manhandled by security unknown individual out of Perak State Assembly .

Param Cumaraswamy May 8, 09 1:33pm

On March 4, I appealed to the Sultan of Perak to dissolve the state legislative assembly to avoid the crisis there leading to anarchy.Indeed what happened in the state legislative assembly yesterday was anarchy.

I have never seen or heard of such chaos in any legislature in the world. That such commotion could occur in a state where the ruler was once the Lord President of the Supreme Court is beyond belief.As I said previously he could have averted all these if he had dissolved the legislative assembly on Feb 5, and left it to the rakyat to elect a new government in accordance with the fundamentals of democracy.Rulers must not only be above politics but must be seen to be so.Lawyers will continue debating the validity of appointments and removals of the Menteri Besar and the speaker and the crude manner in which V Sivakumar was removed.They will continue to debate on the validity of motions adopted yesterday and at the previous meeting under the tree.Each will have an interpretation of the applicable provisions of the constitution and bye laws.As I said on March 4, this is not the time to look into the technicalities and strict interpretation of the law, constitution and bye laws.

That one disputed speaker could call in the police to assist the sergeant-at-arms to remove the other speaker who was indeed removed forcibly did not speak well of the calibre of these state representatives.Procedural fairness was thrown overboard in the assembly yesterday. The Perak Regent Raja Nazrin Shah's presence there and his delivery of the royal address may not be seen as the ruler not being above politics.What about the court ruling?What is most disconcerting is all these happened when there was pending before the High Court an application to determine who is the rightful Menteri Besar!Why the unholy haste to summon the legislative assembly? The state constitution does not expressly provide that if the assembly is not convened within six months since the last session the assembly is automatically dissolved.What happens if on Monday the High Court declares that the rightful Menteri Besar is Mohammad Nizar Jamaluddin?

On the other hand if the court finds that Zambry Abd Kadir's appointment was valid, the public perception would be that the events of yesterday pre-empted the decision of the court.The independence and impartiality of the court would be called into question. .The ugly events of yesterday clearly showed that there can never be an orderly and stable government in Perak unless the legislative assembly is dissolved and fresh elections held.I therefore urge Sultan Azlan Shah to exercise his discretionary power under Article 36(2) of the state constitution and dissolve the legislative assembly.More than anybody else he should know better the finer principles of democracy and its values for a state under a just rule of law.

PARAM CUMARASWAMY is a former Malaysian Bar president (1986 - 1988). He also served as the United Nations Special Rapporteur on the Independence of Judges and Lawyers by the UN Commission on Human Rights from 1994 to 2003.

Global Recession Could Last Till End-2010 Or Longer- AFP

NEW DELHI: The US professor nicknamed "Dr. Doom" for forecasting the financial crisis has said the global recession will last all of this year and probably next, India's Mail Today reported Saturday.New York University professor Nouriel Roubini said that in the best-case scenario, the recession will continue through 2010 in advanced economies while job losses will persist for an additional year, the paper reported.

He said world governments are falling behind the curve in tackling the crisis with "policymakers moving in the right direction--but (doing) too little too late."Speaking at a New Delhi conference, Roubini warned that the United States, Europe and Japan must "get their act together" to avoid the global economy sinking further.

"People were hoping it would be a V-shaped recession--a sharp fall, followed by an equally quick recovery," he said."But we are in the middle of an ugly U-shaped recession," he said Friday.
Roubini said the bottom of the "U"--the length of time the world economy will continue to contract--would last a minimum of three years starting from December 2007.But he said there was a "one-in-three chance" that recession would turn into an "L"--a prolonged period of stagnation or shrinking output, coupled with falling prices as demand dries up.

As early as 2005, Roubini said US home prices were riding a speculative wave that would soon sink the economy, but was dismissed as a doomsayer.In Delhi, he said the problems of the financial system and financial institutions were getting worse, but that the outlook could be improved by governments taking charge of insolvent banks, cleaning them up and then selling them to private investors.

"People say when the US sneezes, the rest of the world catches cold. In this case, the US is just not sneezing, it has a severe case of chronic pneumonia.""We all sink or swim together," he said, adding there is no way policy action in emerging economic giants India and China can pull the global economy out of the slump. (AFP)

Under a tree, assembly votes for fresh polls- Malaysian Insider

Photos courtesy from Nizar's Facebook

IPOH, March 3 — In the shade of a rain tree with the State Secretariat just 200 metres away, Perak Speaker V Sivakumar convened an emergency sitting of the state assembly today which effectively voted to end the de facto Barisan Nasional (BN) government of Datuk Dr Zambry Abdul Kadir.Across town at the same time in the Ipoh High Court, BN lawyers were arguing to stay the proceedings of the state assembly, pending a law suit against Sivakumar for suspending from the assembly Zambry and his six executive council members.On an eventful day, Perak’s administration has been thrown into chaos with both BN and Pakatan Rakyat (PR) questioning the legitimacy of each other’s actions.

The State Secretary’s directive to close off the building which houses the state assembly had added to the confusion over the administration of the state.The directive resulted in riot police barring state assemblymen from entering the building.All the lawmakers that had turned up this morning were from PR parties. BN legislators, not surprisingly, did not show up as they contend the assembly was invalid.Sivakumar was the only person given permission to access the building, but he chose instead to walk nearby to convene the assembly with the presence of the PR assemblymen.

Dressed in his ceremonial black robes and songkok, the Speaker presided over a sitting, which on the face of it appeared legal as long as he was present.The sitting proceeded to pass three votes – expressing their confidence in Datuk Seri Nizar Jamaluddin as mentri besar; calling on Nizar to seek a dissolution of the state assembly; and endorsing Sivakumar’s suspension of Zambry and the de facto BN executive council.Nizar told reporters later that he would seek an audience with the Sultan to ask for consent to dissolve the assembly.

At the Ipoh High Court, Judicial Commissioner Ridwan Ibrahim ruled that five lawyers, including constitutional expert Tommy Thomas, had no locus standi to represent the Perak Speaker in court.He said the Speaker must be represented by the state legal advisor because he is part of the state government.Thomas told reporters the team had no choice but to withdraw from the case.Earlier this morning, a minor scuffle broke out when a group of unidentified men tried to stop Nizar and other PR assemblymen from entering the state assembly compound.Subsequently, Nizar and the assemblymen were prevented from entering the state assembly by riot police, backed by two trucks with water cannons.

Yesterday, Zambry declared any attempt to hold an emergency sitting of the state assembly a “threat to national security.”Nizar told reporters later that he would seek an audience with the Sultan to ask for consent to dissolve the assembly.At the Ipoh High Court, Judicial Commissioner Ridwan Ibrahim ruled that five lawyers, including constitutional expert Tommy Thomas, had no locus standi to represent the Perak Speaker in court.He said the Speaker must be represented by the state legal advisor because he is part of the state government.Thomas told reporters the team had no choice but to withdraw from the case.

Earlier this morning, a minor scuffle broke out when a group of unidentified men tried to stop Nizar and other PR assemblymen from entering the state assembly compound.Subsequently, Nizar and the assemblymen were prevented from entering the state assembly by riot police, backed by two trucks with water cannons.Yesterday, Zambry declared any attempt to hold an emergency sitting of the state assembly a “threat to national seNizar told reporters later that he would seek an audience with the Sultan to ask for consent to dissolve the assembly.

At the Ipoh High Court, Judicial Commissioner Ridwan Ibrahim ruled that five lawyers, including constitutional expert Tommy Thomas, had no locus standi to represent the Perak Speaker in court.He said the Speaker must be represented by the state legal advisor because he is part of the state government.Thomas told reporters the team had no choice but to withdraw from the case.Earlier this morning, a minor scuffle broke out when a group of unidentified men tried to stop Nizar and other PR assemblymen from entering the state assembly compound.

Subsequently, Nizar and the assemblymen were prevented from entering the state assembly by riot police, backed by two trucks with water cannons.Yesterday, Zambry declared any attempt to hold an emergency sitting of the state assembly a “threat to national security.”

New anti-corruption body yet another BN lap dog?- Malaysiakini

It is so quick to act on reports against Selangor Menteri Besar Khalid Ibrahim but chooses to ignore the years of abuses under the previous administration of Khir Toyo.’
On Car & Cows: S'gor MB could be charged

Helen Yeap: It never ceases to amaze me how low the clowns from Barisan Nasional will stoop to stay in power and continue with its blatant pillaging of taxpayers' monies.
The MACC is turning out to be just another BN lapdog. The MACC is so quick to act on reports against the current democratically-elected Pakatan Rakyat MB of Selangor but chooses to ignore the years and millions if not billions of abuses under the previous administration of Khir Toyo.
Just think of the few cases which spring to mind - illegal buildings built without permits on land where land taxes have not been paid for decades, approvals for hill-side developments which caused death and destruction etc, etc.
Malaysia is a country run by corrupt officials who do not even pretend to be democratic anymore. It will very soon be on par with the likes of Indonesia or worse, Zimbabwe. There is no hope left.
All young Malaysians should get out if they can and all Malaysians living overseas would do well to spread the word about the evil BN government officials and ministers who steal taxpayers’ money through shady contracts.
They then run off to live in their fancy bungalows in Australia and other ‘Western’ places.

John Tan: My compliments to the newly-minted MACC for their swift action in wrapping-up investigations on the above. Which in a way makes me wonder what happened to all the other reported cases of suspected corrupt practices.
Since some of them have not been highlighted for so long, most of us might have trouble recalling them but off-hand there are a few good ones that come to mind ie, Pempena, the Youth and Sports Ministry and PKFZ affair.
I am sure many of us can help the MACC to recall more. I hope the MACC would also demonstrate their competence over a broad spectrum of cases and not be seen to be selective when it comes to swift action.
After all public perception is everything when it comes to image unless the MACC does not need to maintain that image.
The EC, another ‘independent body’ has demonstrated that public opinion means nothing to them so I hope the MACC is not thinking in the same vein.

Stephen Ng: It is in my opinion, the MACC chief has clearly abused his position in making a public statement against a VIP. As a matter of fact, a decision has yet to be made by the attorney- general whether to charge the menteri besar.
For Ahmad Said to make the statement, he was already preempting the AG’s decision, leaving the AG with no leeway for his own discretion.
This will also raise a lot of concerns whether the MACC will be seen as biased. I am sure in the past, a number of reports were lodged against other political figures which the MACC did not investigate seriously.
Why then is there now such a strong stand made against the political leader of a Pakatan Rakyat component party? He did not personally benefit from the distribution of the meat. And I am sure he has used his Lexus for official functions.
Ahmad Said has a lot to explain to the people why irregularities by the previous Selangor administration have gone unchecked or why irregularities highlighted by the auditor-general’s report against certain government departments were never investigated.
The behaviour of Ahmad Said and MACC would certainly raise many an eyebrow.

Yuvan: Wow! The speed at which MACC investigates complaints and reports against non-BN politicians is amazing. It is truly supersonic!
Now, can the MACC maintain the same speed and enthusiasm in its investigations into all those countless number of complaints and reports involving BN politicians?
MACC should prove, beyond any doubt, that they are able to discharge their duties and responsibilities without fear or favour. All that they should see is the validity of the complaint or the report and if the person or persons implicated have committed an offence.
They should maintain an absolute neutral stand and should not at all be concerned about the status and position of the person or persons they are investigating. Only then can we believe that MACC is truly independent and transparent.

Kenny Gan: MACC should be mindful that it is not perceived as an Umno stooge by the public so early in its formation by going after ludicrous and marginal cases involving opposition politicians while ignoring serious cases of real corruption by Umno politicians.
Even if Selangor MB Khalid really used state funds to buys cows for the poor, what is wrong with that? The public does not see it as corruption as he has not stolen a cent for his own pocket.
As Khalid has explained that he used his personal Lexus for official functions, what is wrong in using state funds for maintenance?
This is no more than a company reimbursing staff for use of their personal cars for company purposes.
Are these the worst crimes in the country? The AG and the MACC should not treat the public as stupid lest they be regarded with scorn and derision.

CH Siew: Since the set up of MACC, many reports were filed especially by Pakatan Rakyat on irregularities involving BN personalities.
Yet, it seems that the MACC is very picky on whom they should investigate. Nothing at all was done with the reports involving BN personalities but full-hearted commitment was given to those involving Pakatan Rakyat.
Am I seeing a bias in MACC behaviour? It is just another minion created to protect BN's interest.
The matter of the cows and cars have already been explained. Still they are out to nail our MB of Selangor. I would say that the MACC has used its creativity in the wrong place.
It is very obvious now that any scheme that BN created by Pak Lah or Najib cannot be trusted because they are simply not straight.

GH Kok: Deputy PM Najib is on the warpath. Starting from the illegal overthrow of the Perak state government, to threats and bribery in Kedah and Selangor and undermining the integrity and dignity of Selangor exco Elizabeth Wong, now he trains his weapons on Selangor Mentri Besar Khalid.
He's using all available weapons at his disposal - the media, the police and the MACC, the Special Branch, state agencies and private parties.
It is obvious from the recent sequence of events that he wants to destroy Pakatan Rakyat at all costs.
He is embarking on a systematic attack on the representatives that we have voted for and put in office. Indirectly, he is launching an attack on us, the voters. He must be stopped.

Perak Crisis: A Mockery of our Democratic system- Hannah Yeoh

Nizar 'booted out' of MB's office- Malaysiakini photo

To those who argue that the political crisis in Perak now is a taste of Pakatan's own medicine (referring to the Sept 16 takeover plan), they have failed to see the key differences between the two.

If you remember what happened when Dato' Seri Anwar Ibrahim claimed to have the numbers to form the new federal government, he wrote to PM Datuk Seri Abdullah Ahmad Badawi requesting him to convene an emergency sitting of Parliament. This was rejected by the PM. The next constitutional option is to press for the dissolution of Parliament to make way for fresh new elections. That was also not entertained. Anwar Ibrahim exhausted the constitutional means that were available to him. If Pakatan were to act unconstitutionally and lure defections, then we will be having a new government today. But we didn't and we will not act unconstitutionally.

So you can't say that Najib's coup and Pakatan's plan were one and the same.Some may also say, well what about the earlier defection of Bota assemblyman, Datuk Nasarudin Hashim? Why did Pakatan Rakyat accept him? Why not force his seat to be vacated for a by-election? Let's keep things in perspective here. His defection was that of an opposition lawmaker to a governing lawmaker. His defection did not alter the balance of power in the State Assembly. Pakatan Rakyat remained as government, and BN as opposition. Status quo.

Logically and intelligently, anyone can safely assume that Pakatan Rakyat didn't need a defection from BN. Thus, he defected on his own accord and on his own will. There was no need for Pakatan Rakyat to force him to vacate his seat as he did not win the seat on a Pakatan ticket. The Pakatan government really has no standing in forcing him to vacate a seat which wasn't earned by Pakatan in the first place!

I must say that I had great respect for Sultan Azlan Shah. Until yesterday. I wonder how he could possibly consent to the formation of a new BN state government when constitutionally, a government is still in place. And to even approve to a new Menteri Besar when the existing one is still in office? How can any state have 2 heads of government at any one time? There can only be one Menteri Besar of Perak. This is a mockery. The Menteri Besar can only be removed by the State Assembly via a vote of no-confidence or via the dissolution of the assembly. And none of these two constitutional means has been requested by BN. How can anyone claim that Najib and Anwar are one and the same?

Next, the Sultan called for a "unity" government to be formed by BN and the Independents. Let's be clear about this. The Independents are in no way legally bound to represent BN. Well, at least not yet, not till they officially become members of a BN component party. All that the Sultan and Najib has from them is a verbal assurance that "we will be friendly to BN". And just by appearing in a press conference with Najib, it justifies the change of government?

What if next week these Independents were to be seen in a press conference with Pakatan? A real "unity" government envisioned by the Sultan should have been an all-inclusive government of Pakatan, BN, and the Independents. Pakatan and BN each have 28 seats, and the Independents 3. Thus, no single party or coalition has a commanding majority. If there is to be a "unity" government, it calls for a new coalition of PR-BN-Ind which is impossible.

Thus, what the Sultan has called for is simply a name without substance. What "unity" if it's going to consist of only single-minded representatives - all "friendly to BN"? That's not a "unity" government, it's a BN government. This is a mockery of the intelligence of Malaysians. A beginning of what is to come with this PM-to-be.