Judiciary


Source: The Malay Mail

Thursday, May 31, 2012 – 13:17
Location:  KLANG
pg4May31

SANTIAGO: EC has yet to offer explanation on missing voters

KLANG Member of Parliament Charles Santiago has cried foul over the absence of 3,457 voters from his constituency, which he claims could affect the outcome of Klang’s general election results.

He said recent checks made by his office on the Election Commission (EC) website showed that names which had been listed as voters in the 2008 general election, are now no longer listed as voters.

Instead of their having their constituencies, addresses and date of registration displayed on the EC website, these individuals are now merely listed as “no information available” on the database.

“Our checks also showed that another 2,195 voters were transferred to other constituency in the country. From the 2,195 transferred voters, 1,250 were moved to other constituencies in Selangor while the remaining 945 voters were transferred to other constituencies as far as Kubang Pasu, Kota Baru, Permatang Pauh, and even as far as Sabah and Sarawak,” he said.

Santiago said their ground checks showed that most of these voters are still alive and eligible to vote.

“On May 17, I wrote a letter to the EC demanding an explanation and asked whether these voters had given their consent to be transferred to other constituencies.

“I also asked about the status of the 3,457 missing voters. But until now, we have yet to get any response,” he said.

Under the current laws, only voters who have died, been declared bankrupt, have had their citizenship revoked or been declared insane can be removed from the electoral roll, and the reasons for removal would be stated in every quarterly supplementary roll.

Referring to the voter registration list he obtained, Santiago cited an example of a voter from Bukit Tinggi, whom he claimed had voted twice before.

“However, he came to my office claiming that when he checked his voter status on the EC website, he discovered that he was not a registered voter.

“When he re-registered, he was then categorised as a ‘new voter’ despite having voted in two general elections before.”

Santiago said he has spoken to several voters who were disgruntled with the developments, and said they were willing to bring the matter to court.

“Most of them claimed they never gave their consent to the EC to be transferred to other constituencies.”

He said the Klang constituency is looking at a 15,000 increase in voters for the coming GE, bringing the number to 91,000 voters compared to 77,000 voters in 2008

Source :- Free Malaysia Today   April 13, 2012

We want the government to seriously respect our civil and political rights. What we don’t want is the feel good factor, says DAP MP Charles Santiago.

COMMENT

By Charles Santiago

Its not easy to figure out what’s happening in Malaysia. We have a government that back tracks on promised reforms, flip flops on decisions and tries to deliver its nonsense on a silver platter to the people.By Charles Santiago

Prime Minister Najib Tun Razak croons the country is ready to enter a new era, with heightened maturity – whatever that means is vague because the proposed amendments and dismantling of various laws in Malaysia are merely cosmetic changes.

Malaysia is one of the 16 countries which have not ratified the United Nations Convention on the Elimination of Racial Discrimination (CERD). The country’s institutionalised racial discrimination had contributed to a severe brain drain, with 1.4 million people with tertiary education having left the country.

And yet the government has pulled back plans to table a legislation, in Parliament, to do away with hate crimes and weed out racial discrimination. Mohd Nazri Abdul Aziz, minister in the Prime Minister’s department, attributed this about turn to being able to manage our race relations better.

Last year we saw school teachers and a principal using racial slurs to ridicule Chinese and Indian students. To top that, Malay rights group, Perkasa, was openly inciting racial tension by spewing venom.

The Lesbian, Gay, Bisexual and Transgender (LGBT) community has also come under severe attacks recently. The organisers of Seksualiti Merdeka, an annual festival of talks, shows, forums and film screenings to promote sexuality rights have been targeted, ridiculed and threatened.

In 1994, the government banned anyone who is homosexual, bisexual or transsexual from appearing on the state-controlled media. We have not progressed to curb such explicit hatred against the LGBT community since then.

In 2010, the Film Censorship Board stated it would only allow the depiction of homosexuality if the characters repented or died.

Now we have some segments of society suggesting individuals from the marginalized LGBT community must be banned from appearing on air altogether.

And yet the legislation to root out hate crimes is on the back burner.

‘We want true democracy’

Even though Najib has been trumpeting the fact that he did away with three Emergency Ordinances, we know better as other crucial reforms are simply shadow play.

For example, the Security Offences (Special Measures) Bill is not a radical shift from the draconian Internal Security Act (ISA) which allows for indefinite detention. The new Bill still allows for indefinite detention up to 28 days from the 60 days under the ISA.

If this is what Najib means by revamping the judiciary, he better think again for any indefinite detention poses a grave threat to fundamental liberties. And Human Rights Watch candidly sums this up by saying that the failure to bring a detainee before a judge, without any delay, violates international standards for prompt judicial review.

The Bill also gives wide powers to the police. Holding detainees up to 48 hours opens the channel for abusive interrogation. And we have seen one too many cases of police abuse while in detention. Between 2003-2007, there were 1,535 custodial deaths in the country.

Under the new Bill, the police would have the power to intercept communication and conduct searches without judicial warrant. It would also permit the police to unilaterally place monitoring devices on people who are released from detention and allow a blanket provision to deny bail.

Is this how Najib and his government want to treat a matured society? Does the prime minister truly believe that passing off a proposed law which allows for serious infringement on personal and civil liberties as reform would go unnoticed by the people?

We want true democracy. We want the government to seriously respect our civil and political rights. What we don’t want is the feel good factor.

The renowned poet, Hafiz, said “Not even seven thousand years of joy is worth seven days of depression”. Maybe Najib could learn from his poetry.

Charles Santiago is DAP’s MP for Klang.

Source: Nan Yang San Pau

2012-01-13 17:04

  • 巴板路和武吉柯拉容区原地居民促州政府重新检讨9万9000令吉的房价献议。前排左起张玉月、徐志荣、查尔斯、范新麟及菲达。

1 of 2

(巴生13日讯)基于雪州政府当初承诺的三大原则,以及大部分住户没能力负担,班达马兰巴板路和武吉柯拉容区超过150户促州政府重新检讨9万9000令吉的房屋献议,从速解决纠缠近十年的安顿问题。

遵守当初3承诺

两地住户超过90%为60岁以上的退休人士,恐无法向银行贷款负担9万9000令吉的房价,促州政府重新检讨这项在2011年6月的州经济行动理事会会议上达致的房屋售价献议。

而且,住户要求州政府遵守在1997年批准总面积达230亩巴板路和武吉柯拉容地段给国家子公司TPPT时的三大原则,即TPPT拥有雄厚的财力、计划并非旨在牟利,以及解决社会问题的关键,因此如今更应检讨该建议。

巴生区国会议员查尔斯圣地亚哥今早召开记者会时说,两地木屋区住户与州政府、发展商等开会后,州经济行动理事会在2011年6月建议以9万9000令吉,出售在原地兴建面积20X70的房子给在巴生市议会名单内的住户。

“其中,当局也承诺会觅地安顿武吉柯拉容当地的7户厂家,惟这只是一项建议,并非最终决定。”

他说,大部分住户如今要求州政府基于尊重当初批地时的三大原则,重新检讨9万9000令吉的房价献议,以免苦了这批在原地生活超过50年的开荒者。

开荒者应获保障

“而且,两地木屋区居民近100%为60岁以上的退休者,根本无法向银行贷款购买近10万令吉的房屋,所以TPPT如今在选择与私人公司联营发展下应兑现当初的企业责任。”

查尔斯强调,政府当初免费批地给TPPT以拯救房屋搁置计划,事实上巴板路和武吉柯拉容并非木屋区,当地居民为开荒者,理应获得应有的保障。

范新麟:勿只向“钱”看 TPPT应遵守献地原则

巴板路和武吉柯拉容区住户代表律师范新麟说,律师行已代表两地居民致函给雪州大臣,要求重新检讨9万9000令吉的房价献议,以免乖离州政府当初批地时的重大原则。

“两地近90%的居民都是超过60岁的人士,而且经济能力欠佳,一旦政府献议9万9000令吉购买原地房屋,大部分居民恐都无法负担。”

盼取得大臣回复

他说,政府从中也必须确保TPPT遵守当初获得献地的原则,即计划主要解决社会问题,而不是以赚钱为主。

“我们希望能尽快取得大臣丹斯里卡立的回复,因为发展商目前已在武吉柯拉容局部地区施工。”

在场者有律师行代表菲达。

武吉柯拉容木屋区搬迁委会主席●徐志荣:速觅地安顿25户

委员会希望发展商能尽快兑现承诺,安排合适地点妥善安顿原地的25户住户和厂家。

发展商屡次改变安顿地点,导致我们至今都不知何去何从。

而且,发展商在2011年8月份已在原地局部地区施工打地基,影响部分留在原地的厂家和住户的生活作息。

巴板路居民代表●张玉月:应还地开荒者

巴板路的150户人家促雪州政府尽快拟定对策,解决这宗纠缠将近十年的问题,也终结居民犹如生活在“森林”中的痛苦岁月。

由于安顿问题迟迟未解决,巴板路居民多年来受遗弃,生活在犹如森林的恶劣环境中,面对诸多民生和卫生问题。

我们都是这批土地的开荒者,理应有权取回土地,所以希望州政府能以民为本,尽快敲定解决方案。

巴板路木屋搬迁风波

 

Writer: Brenda Ch’ng
Published: Fri, 13 Jan 2012

KLANG: An increase in the number of deceased in the electoral roll is again raising the spectre of phantom voters.

Charles Santiago, who wrote to the Electoral Commission (EC) over the increase of 6,245 voters in the Klang constituency, was shocked when told that they were dead.

“They told me they were still cleaning up the electoral roll and that those were names of the dead which have not been removed,” said the Klang Member of Parliament.

MPK councillor Ivan Ho (second from left), Santiago (centre), Choo (third from right),  Sarajun (second from right) and supporters showing the record of new voters since 2008.

Santiago said he received a phone call from the EC after sending his letter on Dec 29, but their verbal explanation is raising more questions than answers.

He said the names should have been removed immediately after his or her death.

“Are they saying that 6,245 people died over the past three years? If it’s true, shouldn’t the number of voters be decreasing?” he asked.

Santiago said such discrepancies were unacceptable and that the EC should meet with him to resolve the issue. A second letter requesting a meeting will be sent soon to the EC.

Santiago discovered the sudden influx of voters when his office compared their records provided previously by the EC and the latest electoral roll.

EC’s latest electoral roll shows 90,817 voters in Klang, but Santiago’s records show only 84,572.

His office had arrived at the 84,572 figure by calculating the number of voters in each of the three state seats, Pandamaran, Port  Klang and Kota Alam Shah, under his constituency.

“They must clarify this huge increase of voters (from 2008 until September 2011),” he said at a press conference at his office on Wednesday.

He said that in the Port Klang state seat alone, 4,864 new voters were recorded in 2011 alone compared to 2008 when just 840 people registered.

It’s a huge increase as Port Klang did not have any new residential developments to support the influx of new voters, he claimed.

Also present at the press conference was Klang municipal councillor Robert Choo, who also found a list of 1,447 voters in Kuala Selangor and Kapar who are aged between 128 and 131.

“The EC should clearly explain all these discrepancies if they want the people to trust them again,” said Aliran’s executive committee member Sarajun Hoda.

Sarajun, a member of the reform movement for justice and freedom, was also present at the press conference together with MPK councillor Ivan Ho.

Source: Sinar Harian

13/1/2012

Source: Sin Chew

2012-01-12 16:25

  • 何富強(左起)、查爾斯及朱德恭等,對巴生國會選民人數爆增問題感疑惑,要求選委會解釋。(圖:星洲日報)

(雪蘭莪‧巴生11日訊)行動黨巴生區國會議員查爾斯今日揭發,巴生國會選區選民人數近來竟出現“不尋常”爆增情況,近4年來的選民增加約35%,而且與選舉委員會所提供的數據不一,令他大感震驚,要求選委會解釋。

與選委會數據不一

查爾斯表示,根據選委會首次提供的數據資料,截至2011年第三季,巴生國會選民人數是8萬4千572人;可是當他第二次向選委會索取資料時,選民人數變成9萬817人。

他今日召開新聞發佈會時指出,選委會解釋說,數據的落差是因為選委會不時更新資料,一般會扣除死亡人數。

扣除死亡人數不降反升

他說,選委會的說法令他感到疑惑,扣除死亡人數,選民總數為何不降反升,而且還增加6千245人。

同時,他也表示,在2008年大選時,巴生國會選民人數是6萬5千534人;直到2011年第三季,選委會的首份資料更顯示選民增加了1萬9千38人。

“不過,第二份更新資料又顯示增加了2萬5千283人,使巴生國會選民總數飆升至9萬817人。”

查爾斯說,選委會的首份資料顯示選民人數增加29%,其實已相當誇張;豈料第二份資料更顯示選民增加至35%,令人難以置信。

針對此事,他指出,他將致函給選委會,要求與該會會面商討問題,找出其中原由。

出席新聞發佈會者包括巴生市議員何富強和朱德恭等。(星洲日報/大都會)

Source: Selangor Times

Published: Fri, 13 Jan 2012

 

Source: Sinar Harian

12/1/2012 (Khamis)

 

Anwar’s Acquittal is a Victory for the People.

We all know that regimes use “bark on” intelligence to manipulate long-term favorable outcomes.

On Monday, we saw this unfold in Malaysia when opposition leader Anwar Ibrahim was acquitted of the sex charge despite the fact that he would certainly continue to be a thorn for the ruling UMNO-led coalition government.

Anwar’s potential to embarrass the Barisan Nasional government coupled with the government’s hysteria and fears mean that the father- of-six is better off in jail or at least convicted.

But this did not happen as widely anticipated. Although I am happy that Anwar is a free man, this freedom simply cannot be a political decision used to hoodwink the people.

Notwithstanding prime minister Najib Tun Razak’s hawkish leadership, I hope this is not another calculated measure to stem huge losses for the government at the next general polls which is widely expected to be held in March this year.

To put it simply, we cannot have Anwar walking free today only to be found guilty at the Court of Appeal. And by which time, the election would be over.

The sex trial has been dubious from the very beginning. It was riddled with inconsistencies and contradictions. Not only was Anwar denied crucial documents but the DNA samples, evidence the prosecution heavily relied on, was tainted.

We saw the government’s manipulation in the circulation of Anwar’s so-called sex videos to scar his image while ruling politicians took pot-shots at him to further tarnish his reputation.

He was labeled as a stooge for the Americans, pro-Chinese and even portrayed as a Jewish agent. If this is not enough, his family was also threatened.

This was also extended to Anwar colleagues and other opposition politicians who were hit with allegations of corruption. These dirty tactics were manufactured to weaken the Pakatan Rakyat leadership, particularly in Selangor.

The government had ample help from the local media which did not hesitate to demonize Anwar and the opposition coalition partners.

The Malaysian media has become a powerful ally of official lies spewed out by the UMNO-led ruling government. It’s almost like the American media which, smitten by gaffes, apple polishes the nation’s actual problems like its desperate poor and economic disaster.

Savagely single-minded UMNO politicians must however understand that arbitrary decisions and smear campaigns would not work anymore.

It’s slash-and-burn politics coupled with the potent right-wing news media have been rejected by the rakyat, who are geared to throw out the Barisan Nasional government at the next election.

This is evident in the thousands who turned up for Anwar’s rallies during his recent nationwide tour and at the High Court this morning.

Maybe Najib and UMNO know they cannot continue to be inspired by the Nazi propaganda minister Joseph Goebbels who said that “if you tell a lie big enough and keep repeating it, people will eventually come to believe it”.

Likewise they must understand that Malaysians would not translate Anwar’s acquittal this morning to mean the judiciary is independent. They can see through the shadow play by Najib to regain the confidence of the people.

Today’s judgment is a victory for the people. It demonstrates the power of the people.

Let’s exercise that power at the ballot boxes to, once and for all, overthrow a corrupt and dictatorial government.

 

Charles Santiago

Member of Parliament, Klang

***Media Advisory***

Malaysia:  Opposition Leader Anwar Ibrahim Acquitted
Court Finds DNA Evidence Possibly Tainted

 

(New York, January 9, 2012) – On January 9, 2012, a Kuala Lumpur court acquitted Malaysian opposition leader Anwar Ibrahim of consensual sodomy.

“Anwar Ibrahim was acquitted on a charge that should have never been brought in the first place,” said Phil Robertson, deputy Asia director at Human Rights Watch. “Hopefully the verdict sends a message to the Malaysian government to put this matter to rest.”

Anwar had been charged with having consensual sexual relations with Mohd Saiful Bukhari Azland, a former volunteer aide to Anwar, on June 26, 2008. Saiful originally filed a complaint of forcible sodomy, but the police determined that the 60-year-old Anwar, plagued with back problems, could not have sexually assaulted the healthy 23-year-old Saiful. The criminal trial began in February 2010.

High Court Judge Mohamad Zabidin Diah said his decision was based on concerns that DNA evidence brought by the prosecution was tainted.

“The court at this stage could not with 100 percent certainty exclude the possibility that the [DNA] sample is not compromised,” Judge Zabidin told the courtroom. “Therefore it is not safe to rely on the [DNA] sample. There is no evidence to corroborate [the charge].”

The case against Anwar was politically motivated and plagued with irregularities, Human Rights Watch said.  During the trial, the prosecution refused to turn over key evidence as required by the Malaysian criminal procedure code, including its witness list and witness statements, notes by the doctors who examined Saiful at Kuala Lumpur Hospital, pharmacists’ worksheets and notes on DNA testing and analysis, and closed-circuit television recordings from the condominium guardhouse where the alleged sodomy took place. The Kuala Lumpur hospital report, authorized by three doctors, found “no conclusive clinical findings suggestive of penetration to the anus.”

Human Rights Watch reiterated its call for Malaysia to revoke its colonial-era law criminalizing consensual same-sex relations.

Anwar, a former deputy prime minister and finance minister, is credited with forming the opposition Pakatan Rakyat (People’s Pact) coalition. This is the second time Anwar has been charged with sodomy. He spent six years in prison before his previous conviction was overturned in 2004.

For more Human Rights Watch reporting on Malaysia, please visit:
http://www.hrw.org/asia/malaysia

 

In Bangkok, Phil Robertson (English, Thai): +66-85-060-8406 (mobile); or robertp@hrw.org
In New York, James Ross (English): +1-646-898-5487 (mobile); or rossj@hrw.org
In London, Brad Adams (English): +44-7908-728333 (mobile); or adamsb@hrw.org

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