13 February, 2009
Sumber : Sinar Harian, 13 Feb 2009
Sumber : China Press, 13 Feb 2009
Title : 29 Computers lost at police custody, signed agreement with owner, police officer did not compensate
OCPD : will interrogate involved police officer
Charles : urges to return computers within 2 weeks
30 January, 2009
Source : Malaysiakini
Title : UMNO leader lodges report for violent interrogation, Charles criticizes abuse of MACC
1月30日 下午2点39分 继印裔青年古甘身上的严重伤痕的画面还未从脑海中消失，另一起扣留室滥权事件又引起社会激荡，这次被指涉嫌滥权的是大马反贪委员会。
一名46岁的彭亨巫统马兰（Maran）区部委员，哈里米卡马鲁扎曼（Halimi Kamaruzzaman）前天在白沙罗警局报案，指责反贪委员会在关丹扣留他的4天期间，向他逼供并脱光殴打。
投诉遭官员拳打脚踢
哈里米卡玛鲁查曼投诉，在反贪委员会的扣留室内，他被逼赤裸躺在地上和翻滚，头部被按压在墙上几至窒息，肚子和头部被打，胸部和膝盖被踢，一个官员甚至恐吓用香烟触烫他的下体。
哈里米还投诉，其中一个官员恐吓，如果哈里米拒绝承认派钱给巫统会员，他将脱光哈里米妻子的衣服。
不能合理化滥权指控
雪州行动党副主席兼巴生国会议员查尔斯圣地亚哥今日发表文告表示，反贪委员会不能以调查金钱政治为由而合理化对哈里米的虐待，即使这个重要的案件涉及一个巫统最高理事会成员，毫无疑问反贪委员会官员已滥用他们的权力。
他说，成立反贪委员会之初，首相阿都拉寄望该组织能够有效和独立运作，扮演全面监察和制衡的角色，但是哈里米的指责和阿都拉的意愿完全背道而驰。
“国民对于警察部队的暴力行为印象深刻，古甘死于警方扣留室，法兰西斯乌达雅班的母亲声嘶力竭的哭嚎和巴拉巴卡被烫伤的身体，使扣留者被虐待的事件浮上台面。”
5年1535宗扣留所死亡
他说，根据去年国会的数据，从2003年至2007年，共有1535起扣留室死亡事件。
他指出，为了克服这个问题，首先政府必须果敢落实独立警察投诉与行为不检委员会（IPCMC），没有实权的特别投诉委员会无法克服猖獗而严重的警察滥权问题。
他说，政府也必须制定法律维护扣留者的人权，包括开始扣留直到控上法庭，必须委任一个扣留室官员确保执法单位善待扣留者。
“警方的盘问时间、盘问的方法、扣留者不能获取食物和水的时间，扣留者能够获得的基本需求物品等详情都必须在刑事程序法典（Criminal Procedure Code）内阐明。”
他说，若政府无法办到，就是纵容更多扣留室暴力和死亡事件的发生。
30 January, 2009
Source : Malaysiakini
Jan 30, 09 2:11pm
An Umno leader who was allegedly abused by Malaysian Anti-Corruption Commission (MACC) officers have found an unusual ally in the form of two Pakatan Rakyat figures.
Klang MP Charles Santiago (DAP) described the alleged physical and psychological abuse of Umno Maran division committee member Halimi Kamaruzzaman by MACC personel as an abuse of power.
“The commission officials cannot use a high-profile investigation of money politics involving an Umno politician aspiring to be elected to the party’s supreme council in March to justify inflicting torture on Halimi,” he said in a statement today.
Santiago suggests that the establishment of the long-delayed Independent Police Complaints and Misconduct Commission (IPCMC) to curb abuse of power during investigation process.
Following this, Santiago said the government should also ensure that the rights of a detainee must be clearly stipulated and incorporated into the Criminal Procedure Code.
Such provisions should include the duration of interrogation, methods of interrogation, the right to food, water and other necessities.
“Failure to do so will only provide the opportunity for more cases of custodial violence and death to keep occurring in the country,” he said, adding that Parliament statistics shows that there were 1,535 cases of custodial death from 2003 to 2007.
‘MACC should be heroes’
Meanwhile, Federal Territories PAS Youth condemned the alleged abuse by MACC officers and urged the government to establish a special body to review investigation methods by enforcement authorities.
“We respect the duties of the enforcers but in many situations, they have to think before acting and not resort to shortcuts by torturing their detainees for information.
“Enforcement officials are not criminals. They are supposed to be the heroes of the rakyat and protect the country. But if they behave like criminals, where can the rakyat pin their hopes on?” asked FT PAS Youth information chief Herman Samsudeen in a statement.
Herman stressed that though Halimi was from Umno, FT PAS Youth is taking a position on his plight on humanitarian and religious grounds.
On Wednesday, Halimi, 46, reported the alleged abuse to the Damansara police station, whe he claimed to be assaulted during his four-day remand in Kuantan.
According to him, three MACC officers had punched him in the head, stomach and shoulder. He also claimed that he was kicked in the ribs and knee.
“I was also forced to strip naked, lie and roll on the floor. An officer choked me against the wall. They threatened me that my wife would also be arrested and be asked to strip if I did not agree to make a confession that I handed money to Umno members,” said Halimi in the report.
30 January, 2009
English version : Abuse of Power and Torture – moves from PDRM to MACC. What Do We Do?
新闻文告
日期 ：2009年1月30日
古甘身上的严重伤痕的画面还未从我们脑海中消失，另一起扣留室滥权事件又引起社会激荡。这次涉案的是大马反贪委员会。
哈里米.卡玛鲁查曼投诉，在反贪委员会的扣留室内，他被逼赤裸躺在地上和翻滚，头部被按压在墙上几至窒息，肚子和头部被打，胸部和膝盖被踢，一个官员甚至恐吓用香烟触烫他的下体。他已针对此事报警。
哈里米还投诉，其中一个官员恐吓，如果哈里米拒绝承认派钱给巫统会员，他将脱光哈里米妻子的衣服。
反贪委员会不能以调查金钱政治为由而合理化对哈里米的虐待，即使这个重要的案件涉及一个巫统最高理事会成员。毫无疑问反贪委员会官员已滥用他们的权力。
成立反贪委员会之初，首相阿都拉寄望该组织能够有效和独立运作，扮演全面监察和制衡的角色。但是哈里米的指责和阿都拉的意愿完全背道而驰。
国民对于警察部队的暴力行为印象深刻，古甘死于警方扣留室，法兰西斯.乌达雅班的母亲声嘶力竭的哭嚎和巴拉巴卡被烫伤的身体，使扣留者被虐待的事件浮上台面。
根据去年国会的数据，从2003年至2007年，共有1535起扣留室死亡事件。
我们该如何克服这个问题？
首先，政府必须果敢落实独立警察投诉与行为不检委员会（IPCMC），没有实权的特别投诉委员会无法克服猖獗而严重的警察滥权问题。
政府必须制定法律维护扣留者的人权，从他被扣留直到被控上法庭。政府必须委任一个扣留室官员确保执法单位善待扣留者。
警方的盘问时间、盘问的方法、扣留者不能获取食物和水的时间，扣留者能够获得的基本需求物品等详情都必须在刑事程序法典（Criminal Procedure Code）内阐明。
若政府无法办到，就是纵容更多扣留室暴力和死亡事件的发生。
查尔斯圣地亚哥 敬上
巴生区国会议员
雪州行动党副主席
016-6267797
30 January, 2009
PRESS STATEMENT
Date : 30th Jan 2009
Before the gory images of brutal lacerations and deep cuts on Kugan Anathan’s body fade from our minds, we are confronted with another abuse under detention. This time around it involves the Malaysian Anti-Corruption Commission.
Halimi Kamaruzzaman has lodged a police report stating he was forced to strip naked, lie and roll on the floor. An officer has threatened to burn him with a cigarette on his private part. According to the police report, he was choked against a wall, punched in the stomach and head and kicked in the ribs and knee.
If this is not shocking enough, Halimi has also reported that an officer threatened to strip his wife naked if he refused to confess about handing money to UMNO members.
The commission officials cannot use a high-profile investigation of money politics involving an UMNO politician aspiring to be elected to the party’s Supreme Council in March to justify inflicting torture on Halimi.
This is clearly an abuse of power.
When asked about his aspirations for the Anti-Corruption Commission, Prime Minister Abdullah Ahmad Badawi said he hoped for the body to be effective and subjected to independent monitoring through a comprehensive check-and-balance system.
Halimi’s ordeal succinctly demonstrates the complete opposite.
Malaysians are still reeling from shock from the grotesque behaviour of the police force. Kugan’s death in police custody, the rallying cry of Francis Udayappan’s mother and Prabhakar’s scalded body helped bring to the surface the physical abuses suffered by detainees in the country.
According to statistics released in Parliament last year, there has been 1535 custodial deaths from 2003 – 2007.
Where do we go from here?
First, the government must make a concerted effort to implement the IPCMC. The watered-down Special Complaints Commission will not address the serious problems at hand.
The government must take steps to codify and make into law, the rights of a detainee from the time he is arrested till he is charged in court. There must be a custody officer who will be in charge of the well-being of the detainees.
Specific details on the duration of interrogation, methods of interrogation, the number of hours detainees can go without food and water and the provision of basic necessities for detainees must be clearly stipulated and incorporated into the Criminal Procedure Code.
Failure to do so will only provide the opportunity for more cases of custodial violence and death to keep occurring in the country.
Charles Santiago
Member of Parliament, Klang
016-6267797
24 January, 2009
PRESS STATEMENT
Date : 24th Jan 2009
I strongly denounce the action of the police to charge 21 people for illegal assembly as they were exercising their freedom of expression which is protected under the Federal Constitution.
They were at the Petaling Jaya City Council field on November 9th to protest against the draconian Internal Security Act which flouts the very grains of democracy by allowing for indefinite detention without trial.
It is appalling to note that all of them also face a second charge of failing to adhere to a police order to disperse. Video recording of the candle light vigil clearly shows the protestors were preparing to disperse after singing the national anthem. In fact, they were arrested while singing Negaraku.
Furthermore, charging them two days before the Chinese New Year only goes to show the arrogance and insensitivity of the Malaysian police force. Thirteen of the total 21 people charged are ethnic Chinese and they include my DAP colleagues and elected representatives Ronnie Liew, Tony Pua and Lau Weng San.
Also arrested was Catholic Priest Rev Father Paulino Miranda,
If the police could wait more than two months to charge them, they could certainly wait a few more days for the new year celebrations to be over. Failing to do so only shows the police are trying to intimidate the public.
The police force has been plagued by controversies following blatant abuse of powers, arbitrary arrests and physical abuse of detainees under custody. The recent custodial death involves a 23-year-old man A. Kugan, whose body had deep wounds, bruises and cuts.
Although it is heartening to see Attorney-General Abdul Gani Patail classify the case as murder, more has to be done to stop the abuse of police powers. I hope that an independent team of investigators would be formed to look into the grievous bodily injuries sustained by Kugan.
Despite the reports of police abuses not playing up positively among the Malaysian public, the Selangor police chief Khalid Abu Bakar is still reluctant to come clean about the barbaric behaviour of his officers.
The current situation and alarming rise in cases relating to police abuse and custodial deaths calls for an urgent implementation of the IPCMC.
The public have lost all faith in the police force and nothing less than the formation of the IPCMC will help regain the confidence of the people.
The watered-down Special Complaints Commission will not solve the problem. In fact it might make a bad situation worse.
Furthermore, an independent commission is needed to put an end to police brutality, both in custody and in public. We have seen too much harassment for exercising our fundamental rights – human rights activists and members of non-governmental organisation, and opposition politicians have been beaten-up and arrested during peaceful protests, journalists have experienced intimidation while doing their jobs and suspects on remand to facilitate police investigation end up dead.
As a start to a long-process of police reforms, I urge the Attorney-General to drop all charges against the 21 people who took part in a peaceful candle light vigil. I also appeal to the government to make a concerted effort to implement the IPCMC.
Charles Santiago
Member of Parliament, Klang
016-6267797
24 January, 2009
English version : Introduce IPCMC in the February Seating of Parliament.
新闻文告
日期 ：2009年1月24日
我强烈谴责警方提控21人参与非法集会的做法，他们只不过是行使联邦宪法所赋予的表达自由的权利。
他们在11月9日聚集在八打零市民中心的草场，参与公选盟大集会一周年纪念及抗议允许无审讯扣留和侵犯人民民主权利的内安法令。
令人震惊的是，他们也将因不遵从警察的指示解散而面对第二项控状。烛光会当天录下的影像显示参与者唱完国歌后正准备解散，他们在高唱国歌时，警察就冲入人群强行拘捕。
其次，在农历新年前两天提控他们显示警察的傲慢和不敏感。21人当中，13人是华裔，包括我的行动党同志和人民代议士刘天球、潘俭伟和刘永山。天主教神父保力诺.米兰达也在被控行列之中。
如果警方可以等待两个月后才提控，他们也肯定能等待至农历新年结束几天后才采取行动。警方不愿等待，显示他们尝试恐吓公众。
警察部队一直被各方批评滥权、任意逮捕和迫害扣留所的嫌犯。最近在扣留所骤死23岁公民古甘，被发现身体上有烫伤、深入的伤口和瘀青。
总检察长阿都干尼把古甘事件列为谋杀案，令人感到欣慰。我希望政府设立一个独立的调查团，调查造成古甘身上伤痕累累的残酷行为。
雪兰莪总警长卡立至今还是否认他的下属犯下这个令人发指的罪行。
不断发生的警察滥权事件说明我国迫切需要成立独立警察投诉与行为不检委员会（IPCMC）。公众已经对警察部队失去所有信心，除了成立独立警察投诉与行为不检委员会，警察部队将无法恢复人民对它的信心。一个没有实权的特别投诉委员会将无法解决问题。
我们还需要一个独立的委员会以停止警察使用暴力对付公民，不管是在扣留所还是公众场合。我们见过太多人民基本权利被干扰的事 – 人权份子、非政府组织成员和反对党政治人物都曾经在和平集会中被殴打和逮捕，记者也在执行任务的时候被威胁，嫌犯被扣留以协助调查却因此死亡。
作为长期的警察部队改革的开始，我呼吁总检察长撤销提控参与和平烛光会的21人。我也促请政府坚定不移地落实警察投诉与行为不检委员会。
查尔斯圣地亚哥
巴生区国会议员
016-6267797
24 November, 2008
PRESS STATEMENT
Date : 24 Nov 2008
I strongly condemn the use of force by the police against the peaceful demonstrators and arbitrary arrests of seven people who had gathered in Ampang late Sunday to call for the repeal of the Internal Security Act (ISA).
According to eye-witness reports the anti-riot police moved in on a small group of protestors as they were preparing to disperse following a speech by PAS Vice President Mohammad Sabu, who told the crowd that no police permit was given for the gathering.
This is a repeat of the clampdown by police in Petaling Jaya two weeks ago against peaceful demonstrators who were preparing to end their candle light vigil following the national anthem.
This reflects the highhandedness of the police force, abuse of power and non-tolerance to dissent by the government. Although it is clear that the police act upon orders of their political masters, it is time they understand that they do not work for the government.
While the police are quick to arrest opposition politicians, human rights workers and members of the civil society, they act as protectors during streets protests organised by ruling parties and groups which support the government.
The police force stood guard for 500 people who demonstrated early Sunday along Jalan Tun Razak, backing the government on the use of the ISA. This is blatant double standard.
I would like to send a clear message to the representatives and members of the Heritage Associations, Malay Cultural Organisations and Related Bodies Cooperation Network (Pewaris) – the ISA must go.
It is an outdated relic. The unvarnished truth is that the government uses it to silence the voice of dissidents in the country as it allows for detention without trial. Denying a person the right to legal representation goes against the fundamental principles of democracy and has no place in a modern democracy.
To believe lies fed by the government that ISA helps to prevent the outbreak of problems that might hamper national security is nonsensical.
We are also noticing a disturbing trend during street protests – friends from the media told me that they were shoved and shouted at by the policemen during the ISA rally in Ampang.
Journalists, cameramen and photographers have been targeted by the police since the unprecedented electoral gains by the opposition at the March general election. Local and foreign media workers have been beaten and also verbally abused prompting them to lodge police reports and submit a memorandum in Parliament.
The attacks against journalists must stop.
Let us look at what the government is doing – it is tightening the noose on democratic space, using preventive laws to jail dissidents and vocal critics, clamping down on the peoples’ rights to freedom of speech and expression and attacking journalists.
These are not attributes of a progressive government. It does not just reflect retrogressive approaches but gives us glimpses of the future government under the leadership of current deputy Prime Minister Najib Tun Razak.
It shows a nervous government banking on fear tactics to stay in power. But what UMNO and its ruling allies fail to observe is the perseverance of the people. The anti-ISA candle light vigils and rallies have not stopped in the face of threats of arrests.
In reality, people are taking bold decisions to voice their dissatisfaction with the ruling government, preventive laws, abuse of police and ministerial powers, corruption and cronyism.
Let us keep at our efforts to abolish the draconian ISA. Let us come together and demand for the setting up the Independent Police Complaints and Misconduct Commission (IPCMC).
I also strongly urge the police to unconditionally release the seven protestors, Hindraf Five and all other ISA detainees.
Charles Santiago
Member of Parliament, Klang
016-6267797
Charles Santiago 
