The formal detention of blogger Raja Petra Kamaruddin (RPK) hours before his habeas corpus application hearing at the Kuala Lumpur High Court yesterday is a gross violation of human rights, a blatant abuse of power and downright contempt of court by the Home Minister and a travesty of the rule of law in Malaysia.
One would have expected that being a lawyer by training, the Home Minister Syed Hamid Albar would have greater regard, respect and understanding of the principles of a just of rule and would not do anything to frustrate the legal process as in RPK’s habeas corpus application hearing yesterday. But Hamid has proved everyone wrong.
The Attorney-General Tan Sri Abdul Gani Patail should explain whether he was privy to the Home Minister’s decision on Monday night to frustrate the legal process over RPK’s habeas corpus application hearing yesterday challenging the police detention under Section 73 of the Internal Security Act (ISA) by the simple but most cynical and irresponsible expedient of the Minister signing a formal detention order under Section 8 of the ISA.
Was the Attorney-General consulted and his agreement sought to this irresponsible ploy to frustrate RPK’s habeas corpus application and did he advise the Home Minister against such flagrant contempt of court and to trust in the impartiality and integrity of the judicial system to pronounce on the legality of the police detention of RPK under the ISA under Section 73?
Whose idea was it that the Home Minister should abuse his powers to expedite the formal detention of RPK under Section 8 of the ISA in order to frustrate RPK’s habeas corpus application, when RPK had been detained for only 10 days under Section 73 which provides for a 60-day police custodial detention?
All eyes are on the four MCA Ministers in Cabinet today – will they censure Hamid and demand immediate release of RPK under ISA?
This is because MCA Ministers and leaders have been going to town in the past few days declaring that the MCA will continue its call for the repeal or review of the ISA, in particular the comprehensive review of the draconian law to ensure that the ISA is applied strictly to cases relating to terrorism and subversive elements to prevent possible abuse of the law.
As the MCA Ministers and leaders have declared that RPK is not a suitable case for ISA detention, Malaysians want to know what the four MCA Ministers are going to do in Cabinet apart from making statements in the newspapers.
Are the MCA Ministers prepared to spearhead a decision in Cabinet dissociating Ministers from the contempt of court perpetrated by Hamid in his abuse of power under Section 8 of the ISA to frustrate RPK’s habeas corpus application as well as to demand the immediate release of RPK from Kamunting Detention Centre under the ISA?
The MCA Ministers should also raise in this morning’s Cabinet meeting the three-hour questioning of rapper Wee Meng Chee and express disapproval for any vindictive action against Wee for his “Negarakuku” rap video and to demand immediate end of police harassment of Wee.
If the police and the Attorney-General’s Chambers are not prepared to take action against the suspended Umno Bukit Bendera Chairman Datuk Ahmad Ismail for his offensive, provocative and racist “penumpang” reference to the Chinese in Malaysia, what justification can the police give for the harassment of Wee as subjecting him to questioning and possible prosecution under the Sedition Act?
#1 by Jeffrey on Wednesday, 24 September 2008 - 1:23 pm
It is as trite as it is commonsensical – and I take it to be self evident truth – that any person, whether AG or a Minister or any decision-making body, that has something personally to gain or lose by the outcome of making that decision should not be allowed to make it, especially when it involves something as fundamental as the freedom and liberty of a Malaysian subject.
And if he has already made that decision or sign that order under conditions that did not satisfy the rudimentary conditions of being free from bias or the likelihood of such bias, then that decision or order signed should be rescinded, struck down or vitiated as failing to comply the fairness or impartiality test.
This kind of notions that decisions should be free from bias or seen free from possibility of bias – and decisions should be free from conflicts of interest – are embedded in our conscious as well as subconcious minds regarding what is fair and just.
Such issues are not the exclusive province of philosophers or great legal jurists and minds.
The common man, average man – even the illiterate man – can grasp the simple truth that a person having a personal interest in a matter cannot make an objective decision on it based on merits of the facts and law.
Having regard to human nature, a person in conflict of interest position should not be allowed to make it.
For to allow him to do so, especially when that decision affects weighty issues affecting another liberty and freedom of another person whom the decsion maker has a beef or grievance against – is manifestly and potentially unfair and unjust to the first mentioned person whose liberty is curtailed.
Unless our law factors the above principle into consideration and upholds it, the law won’t be just and people will not respect the law by reason that it is not just.
Then the people who have administered the law in such an unfair way that make people lose trust and confidence in the administration of the law – they are the ones who have really committed acts of sedition by making people lose trust in the law.
#2 by highhand on Wednesday, 24 September 2008 - 1:27 pm
they dont have the balls
#3 by Emily Pratt on Wednesday, 24 September 2008 - 1:27 pm
MCA Cabinet Ministers are Yes-man and they will continue to be yes man.
My pet dogs will bark and bark and bark, but ultimately they are chained and cannot do anything else but bark.
See the similarity?
#4 by k1980 on Wednesday, 24 September 2008 - 1:32 pm
Your pet dogs can scare off thieves, but the MCA cannot do so. So your dogs are not similar to the MCA
#5 by Jong on Wednesday, 24 September 2008 - 1:33 pm
cheng on, you said:
“WMC advised Chinese Msian to be grateful to Msia govt for giving them “extra training” in preparing them for life challenges? ”
- I agree, alot of wits in it. Nothing wrong with his message of wisdom, his expression from the heart and soul. I think much has to do with his body language that was expected when doing a rap. It was rather crude. Had it been done in a ballad form, don’t think anyone would have bothered noticing him.
#6 by Ken G on Wednesday, 24 September 2008 - 1:52 pm
Will MCA ministers bring up RPK’s detention in the Cabinet meeting?
It is pertinent to ask, “Does a dog dare to bark at its master?”
It may bark behind its master’s back or bark at others in front of its master to prove its worth but it will definitely not bark at its master.
MCA are all lapdogs, barking in the press to show their worth but worthless in taking real action.
Although I’m no fan of Samy Vellu, I respect him for meeting the PM personally to press for Hindraf 5 release. At least he’s one notch above the MCA lapdogs.
#7 by Emily Pratt on Wednesday, 24 September 2008 - 2:01 pm
Well Seminal Value has nothing to lose… no MP post, no Ministerial Post, therefore he is free to bark louder.
MCA Ministers on the other hand….
#8 by Emily Pratt on Wednesday, 24 September 2008 - 2:11 pm
MCA Ministers on the other hand….have to listen to their master (UMNO) all the time. One Ahmad Ismail voice is louder than all the MCA Minister’s bark put together.
Sit doggie sit, good dog.
Woof.
#9 by 9to5 on Wednesday, 24 September 2008 - 2:19 pm
Kit,
Personally, I think your strategy of attacking MCA and making MCA the attention of focus is wrong.
If you attack UMNO relentlessly, there will be a continuously off-tail sparks hitting MCA. After a while the heat from the sparks will be too much to bear and MCA will have no choice but to take action on UMNO to prevent the sparks flying off from UMNO.
But if you focus on MCA, not only will MCA enjoy the limelight and attention given to it, but like a snake being cornered, will recoil and strike back at you. When it happens, UMNO will just fold its arms on the side line and enjoy the side show stupidly put up by two chinese parties!
My advice is to concentrate your continuous relentless attacks on UMNO. Don’t waste your energy unnecessarily on MCA. It is not the same as before because the table has already turned on MCA – more chinese now trust and vote for DAP than MCA.
You got to change your mindset in changing circumstances! Forget about MCA, Gerakan or MIC! Don’t use old strategies for new problems which UMNO is presently doing. And I am not giving this free advice to UMNO.
#10 by k1980 on Wednesday, 24 September 2008 - 2:28 pm
9to5 Says:
Forget about MCA, Gerakan or MIC? umno survives to this very day because of support from MCA, Gerakan and MIC!
#11 by lofuji on Wednesday, 24 September 2008 - 2:59 pm
MCA show your sincerity.If you really care for the Rakyat in general and the Chinese in particular.Tell your tai ko,UMNO(racist bigots), that you want the ISA repealed and all those detained be released immediately. If Tai Ko refuse to listen, withdraw from the coalition just like what SAPP did.This is what I called having the guts. Otherwise stop your whining the people are already fed up with this show.They want action.
#12 by 9to5 on Wednesday, 24 September 2008 - 3:03 pm
*** k1980 Says:
Forget about MCA, Gerakan or MIC? umno survives to this very day because of support from MCA, Gerakan and MIC!***
MCA, Gerakan and MIC’s numbers in BN were greatly diminished in the last GE. UMNO survives to this day is because of the BN component parties in Sabah and Sarawak; not MCA, Gerakan or MIC.
Last time MCA was big (seats in Parliament) and DAP was small. You play a certain strategy – focusing on a Goliath by taking small pot shots. Now DAP is big and MCA is small, do you still employ the same strategy or is it time to use a new strategy? Why would DAP want to increase the visibility of a dwarf who was once a giant?
All I say is DAP should be innovative and not use old strategies in changing circumstances. By entering into a quarrel with MCA will only benefit UMNO more than DAP. The chinese are mostly now on the side of DAP. There’s no longer need to employ the old strategy of running down an opponent to fish for chinese votes. It should now be MCA who should be playing that game now, not DAP.
Look at the Teresa’s ISA case. Unwittingly, because of the dog food criticism brought up, the focus in the media is now on the food rather than the injustices of ISA.
The chinese should unite not splitted further; Then we will have a real chance of removing this corrupt UMNO once and for all!
#13 by lofuji on Wednesday, 24 September 2008 - 3:11 pm
YB Kit siang,
I concur with 9to5,leave those desperados(MCA,MIC,Gerakan,etc) alone.They are a spent force.You should concentrate your attack on the racists,UMNO.From the replies received over the last few months just from your mailbox alone,you find that harshest comments are mainly reserved for the bigots.Why waste your time on the others when they are of no consequence to you or DAP.Go on the offensive.Show no mercy!
#14 by Lim Koo on Wednesday, 24 September 2008 - 3:59 pm
RPK will have a place in history.
So will Hamid, but at the wrong side.
#15 by abangcowok on Wednesday, 24 September 2008 - 4:50 pm
Sorry if Anwar can not help now then we have to have an alternative plan of action to free RPK. Remember when Anwar said he has a number of PKR parliments seats to choose from for a re-entry to Parliment.
What better time is now then to have one of the opposition MP resign his or her seat and force a by-election. This way we can see if they are willing to help and payback the support RPK has given to the opposition parties. Get RPK to stand as a Independent or a PR candidate supported by all PR parties. He should not stand for PKR , DAP , PAS ,or PS but as a apolitical candidate. support his and make sure the BN candidate looses his or her deposit. This will remind BN how unpopular they are.
The ball is now in PR’s court and what do you all say
#16 by boh-liao on Wednesday, 24 September 2008 - 5:19 pm
MCA, Gerakan, and MIC cabinet ministers are there at the courtesy and mercy of Umno.
Sooooo so grateful alreadii. How to speak up during the cabinet meeting against Hamid over RPK ISA detention and harassment of Wee Meng Chee?
#17 by MyFoot on Wednesday, 24 September 2008 - 5:20 pm
A govt consists of 3 separate branches: legislative, executive, judiciary. Each such f unction separately without interference. The home minister is clearly interfering. A govt who does not respect law is no longer a lawful and should resign en block. This govt is setting bad precedence. They have no moral basis to continue to rule.
#18 by zak_hammaad on Wednesday, 24 September 2008 - 6:27 pm
Anyone involved in subversive activities that are detrimental to the social stability and peace of a country needs to be dealt with. I don’t think any country would compromise their security in the name of civil liberties.
#19 by UzMiNoOnist on Wednesday, 24 September 2008 - 6:41 pm
MCA Cabinet Ministers famous phrase among themselves.
“They know it’s not fair: unjust, imperfect, victimizing; Yet they give “place” to it, even give lip service to it and worship it, enforce it, as if it were Godly.”
#20 by LYY on Wednesday, 24 September 2008 - 6:56 pm
(1) Despite all the curse and anger, MCA’s ministers are happily sleeping in the cabinet for 50 years …
(2) My advise, DO NOT curse MCA.
(3) Let’s thanks MCA for what he has done to the people.
(4) And launch a farewell party to our MCA ministers.
(5) To MCA … good luck and bye bye!!!
#21 by Old.observer on Wednesday, 24 September 2008 - 7:06 pm
kiren Says:
Today at 12: 02.00 (6 hours ago)
Mr. Lim , when are you taking over the government? people are getting restless and angry- some of them felt cheated others lost their confidence of pakatan rakyat! …
… it gives very negative feelings towards PR. 16th sept came and went , 23rd sept came and went..now what?
**************
With all due respect, kiren, your restlessness and anger is clearly and obviously misdirected.
If there is one person or groups of individuals that you should be angry and express your anger, it should be against the ruling Government for abusing their powers for personal gains than acting in what should be in the best interest for Rakyat over the next 4.5 years.
On my part, there was no major negative impression, as I had always treated 916 as symbolic and not literally. And so it is with 923. We knew Abdullah will never just give up his powers just like that, but Anwar have to go through the motions anyway just to clearly show the entire nation that he has examined every single avenue, before he goes to the King. This assumes he still has the numbers.
If not, then, let’s judge Anwar accordingly later whether he lied. But at this point in time, I am of the opinion that we just don’t have enough data to conclusively judge this yet, that Anwar didn’t have the numbers. The only objective conclusion is that we still don’t know yet.
Notwitstanding this, let’s not judge Anwar just based on this 916 date, or this 31+ MPs number. Let’s not forget the atrocities committed by the ruling BN Government. Let’s not forget that Pakatan Rakyat is attempting to right what has been wronged. Let’s not forget that the wrongs committed by the ruling Government remains “wrong”, even if Anwar failed to meet 916, and so, the wrongs deserved to be condemned by all right-thinking Malaysians, even if Anwar don’t have the 31+MPs. Yes, if Anwar don’t have the 31+MPs, then, he is also “wrong”, but how “wrong” is this when compared to the huge corruptions, the huge abuses of ISA, the huge mismanagement done by the ruling Government?
Let’s keep these things – 916 & 31 MPs – in their proper perspectives.
#22 by katdog on Wednesday, 24 September 2008 - 7:37 pm
MCA has always openly supported ISA. Why would they change now? Gerakan at least has at least mentioned a need for review of ISA.
#23 by cinaUSJ on Wednesday, 24 September 2008 - 7:45 pm
mca will say nothing at all about the ISA issue because when a king bite a nail in his mouth, he can’t talk! (ong ka ting). Uncle Lim, if you bring up this ISA topic with mca, they will run far far away (ng yen yen), biting hard-holding onto their getaway boat (ong ka chuan) with their tails between their legs – before being pursuit by their BeeNed boss calling “liow tiong lai”.
#24 by m.r.ang on Wednesday, 24 September 2008 - 7:47 pm
Hiyaaaa Those MCA people only bark to show the rakyat only .In actual fact when they are in the cabinet meeting they are the first to chicken out and hide in the cabinet.You people don’t know ahhhhh.The hokkien people say ” ai heow phor lan pah “knows how to carry people’s balls only.Hiyaa fed up nak comment lagi senang saja suruh dia orang pi mampus.
#25 by richmom on Thursday, 25 September 2008 - 12:38 am
Where are they going?
All open “FISH HEAD CURRY” restaurant.
They afraid of not enough supply of fish heads.
#26 by AsalUsuLMalaysia on Thursday, 25 September 2008 - 12:59 am
Its easy to elaborate actualy, ” WHY” after 51 years MCA/Gerakan still ongoing with BN’d cronies?
lets us compromised between these two:
1) MCA/Gerakan…. DO they get paid for their works?… YES!
2) Does MCA/Gerakan visualy seen as extortionist and opportunist to gain wealth?… YES!
3) Are MCA/Gerakan was chinese perpetrator by selling out our rights when they stands in shadows by their masters (UMNOputras) claim chinese are Squatters/ISA’d etc. Why they didn’t dare to boycott uplift UMNOputras wrong doing? Coward!?
On other hands:
1) Does DAP get paid monthly after 51years of hardwork to warship OUR RIGHTS as Malaysian Chinese? NO!
2) Does DAP sacrifised had turn them ISA’d victims without Much Nation cared in the past? YES! Cuz they lost by the media role unlike today…
3) Will you do it without salary by risking yourself for years in battle with the BN cronies and ISA’ed instead? i know MCA nor Gerakan members won’t!…
#27 by js on Thursday, 25 September 2008 - 8:18 am
How to get RPK free?
#28 by zak_hammaad on Thursday, 25 September 2008 - 10:35 am
js, well if RPK shows signs of improvement through religious rehabilitation that JAKIM will be conducting, he will be released sooner than 2 years. Director-general Datuk Wan Mohamad Sheikh Abdul Aziz said the programme was aimed at enabling the faster release of Muslim detainees.
#29 by cheng on on Thursday, 25 September 2008 - 11:13 am
RPK said:-
Jangan lupakan saya,
Do not forget me,
Wu wang wo,
Mai beiki wa,
Mou mongkei ngo,
Mao mongki ngai.
Boku o, wasrenaide.
Dung quen toi.
#30 by I Malaysian on Thursday, 25 September 2008 - 1:14 pm
Raymond Tan of SAPP said he was the one who stopped PM from arresting Yong Teck Lee. So we now know it’s the choice of BN politicians and ministers and not the rule of law that applied when dealing with offence. RPK’s detention is another such decision of a minister who defy basic human rights and principle of law.
And he is the home minister we have…
For me I don’t even regard him as human being anymore!
#31 by king cobra on Thursday, 25 September 2008 - 2:42 pm
pulau_sibu Says:
Yesterday at 12: 13.33
All Malaysian Chinese should vote and see who are representing them.
UMNO, MCA or ….?
________________________________________________________________________________________________________________
Pulau Sibu ,
May be should rephrase it as “All malaysian chinese should vote &
see the chinese want which party to reprsent them” ???
#32 by zak_hammaad on Thursday, 25 September 2008 - 3:55 pm
I Malaysian, “basic human rights” go out of the window when there is a very real risk to national stability and social order. No country who compromise on their internal security in the name of human rights. As for the “principle of law”, ISA safeguards the principles of law; this may sound contradictory but every nation has a mechanism to ensure continuity where there is danger.
#33 by katdog on Thursday, 25 September 2008 - 9:18 pm
RPK does not share the same views as his ‘muslim brothers’ in UMNO. And that makes him dangerous. He must therefore be silenced to maintain the peace and harmony. For this is the true path of universal peace. When everyone is of one mind and thought. Then all wars in the world shall end.
#34 by zak_hammaad on Thursday, 25 September 2008 - 11:41 pm
katdog Says:
>> RPK does not share the same views as his ‘muslim brothers’ in UMNO. And that makes him dangerous.
Not quite. In fact he has been disagreeing with others for the past few years and no action has been taken against him. It is only when he defames, slanders and disparages the fundamental Islamic tenets and values which has got him into trouble. The fact that he proclaims to be a Muslim is of no significance, his words and writings say it all.
Like the heretical Ahmadiyah religion in Indonesia, if they claim to be Muslim that it is verified through their creed. They can not call themselves Muslim on one hand and go against the very foundations of Islam that establish a Muslim’s identity.
So you see, your understanding is flawed to say the least because there is no political conspiracy against RPK, he is more than capable of landing himself in prison through his irresponsible and blasphemous writings. If he stuck with his political agenda, this would have been better for him but no, he decided to touch upon religion and decided to disparage Islam and it’s Prophet.
Night night.
#35 by katdog on Friday, 26 September 2008 - 1:44 am
Zak, Zak, Zak. No political conspiracy against RPK? How naive. Of course his arrest had been politically motivated.
Whether or not he really disparaged Islam and it’s prophet, i cannot judge since i don’t really know the true teachings of Islam and therefore do not know what is considered as blasphemous.
But from his writings i do know that he was never trying to preach or establish some other sect of Islam. Nor was he trying to disparage Islam in anyway.
He has already made his reasoning clear. He was trying to point out the hypocrisy of many of these so called ‘defenders’ of Islam. They would raise arms in loud furor when a someone questions the teachings of Islam claiming that Islam has been insulted. However, these same people stand idly by when gross injustices, bribery corruption and thievery occur right in front of them.
These ‘defenders’ make loud noises when someone questions the teachings of Islam, but cares not when these very same teachings are violated?
#36 by undergrad2 on Saturday, 27 September 2008 - 10:00 pm
zak_hammaad Says:
September 25th, 2008 (2 days ago) at 15: 55.32
“…..“basic human rights” go out of the window when there is a very real risk to national stability and social order. No country who compromise on their internal security ..”
How dumb can you get??
This is not an issue over ‘threat to national security’ – what is a ‘threat to national security’ anyway? Who says what is and what is not?
It is all about the presumption of innocence – a human rights issue. You are presumed innocent until proven guilty. If you are accused of a crime let’s see the evidence. You do not detain somebody solely on your belief that a crime has occured. What of the constitutional rights of the individual – right to a speedy trial among them?
#37 by kerishamuddinitis on Saturday, 27 September 2008 - 11:20 pm
MCA – Molotov Cocktail Associates! Hahahaha! They speak up against their political masters? All they know how to do is mark their territory with their piss. Raise one leg here, then the other leg there. Thank god, the average misled Chinese are now wiser and have decided not to let MCA piss on them anymore. Let us all not forget, it was Chew May13 Fun who took a spin on Kerishamuddin’s keris waving antics and warned the Chinese against supporting the opposition lest another series of molotov cocktail party erupts. Then, MCA got wiped out in Selangor. Now molotov cocktail has happened against Teresa Kok, what will they do? As they have always done – piss on it.