MALAYSIAN UPADATE: 7th .NOVEMBER 2000 1.00 pm
MASS REPRESSION ON SUNDAY 5TH NOV PEOPLE GATHERING
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§ CONFIRMED 6 PERSONS ARRESTED ON 4TH NOV ( 5 MAN, 1 WOMAN)
§ CONFIRMED 120 PERSONS ARRESTED ON 5TH NOV ( 117 MEN, 3 WOMEN)
§ ALL 126 PERSONS WERE REMANDED FOR FURTHER 5 DAYS UNTIL NOV 10
§ VIOLENCE DURING ARREST-POLICE BRUTALITY
§ POST ARREST VIOLENCE- TORTURE IN CUSTODY-DENIES OF MEDICAL TREATMENT
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REMAND FOR A FURTHER 5 DAYS
On the 6th of Nov, all 126 persons arrested in connection with the Sunday 5th
Nov public assembly over the weekend in Klang was brought before the Magistrate
by the police for an application for extension of remand for the purposes of
completing investigations under section 117 of the Criminal Procedure Code.
The police applied for an extension of 10 days, but after hearing the lawyers
from the Bar Council Legal Aid Centre who represented all those detained, the
Magistrate ordered that all 126 persons, including 4 women, to be remanded for a
further 5 days that is until Friday(10/11/2000).
RESTRICTED RIGHTS TO BE REPRESENTED BY LAWYER
HARRASMENT ON DETAINEES' FAMILIES MEMBER
On the night of 5th Nov, the police had acted unprofessionally for intimidating
the lawyers representing the detainees and the family members of the detainees
by heavy presence of police force and chasing them off outside Port Klang Police
Station.
On the 6th of Nov, family members of the detainees who had gathered outside the
Port Klang Police Station since 8 am were denied their rights to send food to
their relatives who have been detained.
The 10 lawyers who came to represent those arrested were kept waiting outside
the gate of the Port Klang Police Station under the blazing hot sun from morning
until about 3.30 pm when only 2 of them were allowed in. The Magistrate
ultimately allowed the lawyers' persistent application that they be allowed to
get instructions from their clients. The Magistrate allowed 15 minutes only for
the lawyers to get their instructions.
BREACH OF FEDERAL CONSTITUTION
-ILLEGAL DETENTION (DETAINEES WERE NOT BROUGHT BEFORE MAGISTRATE IN 24 HOURS)
Although the Federal Constitution clearly provide that the police can hold a
suspect for only 24 hours after arrest - in many of the cases this 24 hours had
lapsed before they were brought before the Magistrate for the remand
application.
-NO STATEMENT WERE TAKEN UNTIL THE REMAND APPLICATION
It was also shocking to discover that not even one statement had been taken
during the period since the arrest until the remand application. The motive
behind this slow pace in which the police seems to be conducting their
investigation should be questioned.
One of those detained was a student, aged 17, who will be sitting for exams the
coming week. The Magistrate ordered the Investigating Officer handling this case
to expedite investigations with regard to this case and release her as soon as
possible.
VIOLENCE DURING ARREST
-POLICE BRUTALITY
A total of 26 persons complained to the Magistrate that they had suffered
injuries caused by the police during their arrests. The injuries ranged from
broken ribs, deeps cuts on the head and body to swellings and aberrations. One
of the detainees is presently admitted in the hospital and was not able to be
present for his remand hearing before the Magistrate.
Police according the law are allowed to use reasonable violence when affecting
an arrest but in these case, according to the suspects there was no violence on
the part of the demonstrators - and the only violence came from the police.
There is no necessity to use violence.
POST ARREST VIOLENCE
- TORTURE IN CUSTODY
One of the women detainees (Nora, 25 yrs) had complained to the Magistrate that
she was asked to strip naked at the Kapar Police Lock-Up, and was then asked to
10 "ketuk ketapis" (hold your ears, squat and stand) by one women
officer at the said lock-up.
About 40 others complained that after they were arrested and placed in the Black
Maria - they were subjected to three incidents of spraying of fumes that caused
their eyes and head to smart(hurt). These persons also alleged that they were
detained in the Black Maria for about 3 hours in ver cramped conditions, and
with the flaps brought down making it most difficult to breathe.
-DENIES AND PURPOSELY DELAY OF MEDICAL TREATMENT
Not all who were injured during their arrest (and/or detentions) had been taken
to the hospital for medical attention. From the information SUARAM gathered,
about 10 people are seriously injured due to the violent assault of police and
need immediate medical treatment. There are another 40 over detainees' eyes are
seriously in pain as they were tear-gased during demonstrations. One person is
reported to have lost his eyes sight since 5th Nov and is the only person who
was sent to hospital for medical treatment.
Other those who were taken complained that although they were taken to the
hospital, they were not given any medication - the reason given was that the
pharmacy was closed. This is odd because government hospitals operate 24 hours -
and the pharmacy should have been opened and medication available.
Released by SUARAM
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Suara Rakyat Malaysia (SUARAM)
add: 383, 1ST FLOOR, JALAN 5/59, PETALING GARDENS
46000 PETALING JAYA, SELANGOR, MALAYSIA
tel: 60-3-77843525 fax: 77843526
email: suaram@geocities.com website:http://www.suaram.org