Environs Eagles

On September 15, 2009, with the announcement by our Home Minister Hishammuddin Hussein, five Internal Security Act detainees, who have been detained for up to seven years, were released with certain conditions.

The five are Mat Sah Mohd Satray, Abdullah Daud, Mohd Nasir Ismail, Ahmad Kamil and Muhammad Amir.

Mat Sah was a technician at Dewan Bahasa dan Pustaka and was originally said to be a member of Kumpulan Militant Malaysia (KMM), and later alleged to be a Jemaah Islamiyah (JI) member. He was arrested on April 18, 2002.

In a recent interview, Mat Sah shared his story with Citizen Journalist, R. Vijay Kumar.

Video shots by R. Vijay Kumar, Citizen Journalist
Video editing at Malaysiakini

In Malaysia, during the fasting month of Ramadhan, the evenings were filled with lots of Jamuan Buka Puasa (Open-Fast receptions). Some are organized by corporations to foster better relationships between their staff force, by families to enhance further family ties, and also by communities to foster better religious understanding between their multi-ethnic, multi-cultural and multi-religious residents.

One such event was organized by the PAS Segambut Division at the Surau Silatulrahim, Taman SPPK Segambut, Kuala Lumpur.

Citizen Journalist, R. Vijay Kumar learned that Yang DiPertua of PAS Segambut, Saudara Anuar M. Alim and his team had also invited the DAP Member of Parliament, Saudara Lim Lip Eng and his colleagues to join in this very Malaysian-like tradition. Wanting to cover this episode, he put on his C.J.’s gears, along with his camcorder and a hungry stomach, arrived at this surau, which is a short distance from his residence.

Arriving early, he was able to meet up with some of his neighbours. There was an earlier ongoing Tadarus Al Quran (reading of the Quran in turns) and Ceramah Agama (Religious Sermon). Upon the Azan (call to prayer), the jemaah Islam (Muslim congregation) broke their fast with some light food like kurma (dates), kuih (cakes) and Bubur Lambuk (special porridge served during the fasting month).

The jemaah proceeded to perform their Solat Maghrib (sunset prayer). After the prayers, they invited the Member of Parliament together with his friends to join them to feast the variety of the Malaysian food. It was indeed exemplary to see both the regional PAS and DAP leadership, and their colleagues, to sit together with the people of the community, cross-legged on the mat, and helping themselves to the sumptuous food. They exchanged pleasantries while digging into the food.

After the meal, the two leaders and their colleagues bid farewell, and Saudara Anuar and the jemaah continued with the Solat Isyak (evening prayer) followed by Solat Tarawih (special prayers during the fasting month of Ramadhan).

Events like this, amongst others, can play a very significant part in a multifaceted and plural society like Malaysia, where we should learn to foster religious understanding. Yes RELIGIOUS UNDERSTANDING, and not just observing religious tolerance which really means to tolerate or put up with or endure something that is irritating or unpleasant or somebody difficult. Why should you tolerate? Why not understand your fellow Malaysians and their various beliefs and customs?

There is a great saying: Seek to understand rather than seek to be understood. In this pursuit, we will definitely create a harmonious society, a Malaysian Malaysia.

Video by R. Vijay Kumar, Citizen Journalist

On September 8, 2009, the Government of Malaysias appeal against the verdict by the Kuala Lumpur High Court Judge was heard at the Court of Appeal in Putrajaya.

In his judgment on October 18, 2007, Justice Datuk Mohd Hishamudin Mohd Yunus had granted ex-ISA detainee Abdul Malek Hussin an award of RM2.5 million in damages after ruling that Malek has succeeded in suing Defendant No.1 Assistant Superintendent of Police (ASP) Borhan bin Hj. Daud, a Police Officer with the Special Branch Dept., Police Headquarters (IPK), KL; Defendant No.2 the then Inspector General of Police (IGP) Tan Sri Abdul Rahim Noor; and Defendant No.3 the Government of Malaysia.

After about 3 hours of arguments, the Court of Appeal had reserved its judgment. The three judges said they needed more time to deliberate on the arguments put forward by the governments counsel and Sivarasa Rasiah, the counsel for Malek. The judges will inform both parties once they are ready to deliver their judgment.

Sivarasa, who is also the Member of Parliament for Subang, had asked the Court of Appeal to maintain the ruling of Justice Hishamudin, reiterating the various evidences and points that led to the said verdict.

Malek had originally sued the government in March 1999, demanding RM30 million in damages for human rights violations during his detention under the Internal Security Act, an act which allows the government to indefinitely detain people considered to be security threats.

In his judgment delivered on October 18, 2007, Justice Hishamudin had ruled that Maleks arrest and detention was unlawful, and that his allegations of assault were true, based on medical reports and contradictions in the testimony of police witnesses. The arrest and detention smacked of mala fide and was done for political purposes rather than for the sake of national security.

At the time of arrest, Abdul Malek, now 53, was a key activist of Reformasi, a movement that called for justice to be given to Anwar Ibrahim, the sacked Deputy Prime Minister who was himself subjected to ISA detention and brutal treatment while in police custody.

Malek was arrested in front of his house on the night of September 25, 1998. He was blindfolded, beaten, stripped naked, verbally abused, forced to drink urine, and physically and sexually assaulted. His penis was hit and an object pushed against his anus. He was held without trial. All in all, he was in police custody for 57 days until he was released on November 21, 1998.

Justice Hishamudin said the practice of torture of any kind was to be detested. He said that the Special Branch Department must not only be neutral but must also be seen to be neutral and non-partisan. It must be above politics. He said the despicable conduct of the then IGP was shameful and a disgrace. The IGP had shown an extremely bad example to the thousands of men under his charge. The judge stressed that the award of exemplary damages was necessary to show the abhorrence of the court of the gross abuse of an awesome power under the Internal Security Act. The practice of torturing detainees by the police can never and should never be condoned by the courts. The court must show its utmost disapproval.

The judge also said he believed Malek’s story rather than that of the police officers because there were glaring discrepancies, as if it was being concocted to present some kind of chronology of events to cover up what had happened in the first four hours of Malek’s detention.

The judge awarded RM1 million in general damages for false imprisonment, RM500,000 in general damages for the assault and ill-treatment and RM1 million in exemplary damages. He also awarded interest at the rate of 8 percent per annum on all the sums to run from the date of judgment until realization. He also ordered that all costs of the proceedings be paid by the defendants to the plaintiff.

Abdul Malek is currently the Parliamentary Affairs Coordinator in the office of the Opposition Leader. He was also previously the chairman of a non-governmental organization he helped form called Malaysians for Free and Fair Elections (MAFREL).

The court case was the first in Malaysia where a former ISA detainee had won millions in damages. On September 25, 1996, a former ISA detainee, Guracharan Singh Bachittar Singh @ Guru, a former air force sergeant, (whose original detention was under ISA for two years from Nov 3, 1989 to Oct 31, 1991) won an unlawful extended detention suit for losses suffered during his unjust extended detention from Oct 31, 1991 till Feb 5, 1993. The High Court awarded him nominal damages of RM1.00, yes that’s right, Ringgit Malaysia One only.

Video by R. Vijay Kumar, Citizen Journalist