Death in police custody – S Kalaiselvam (Sultan Ismail Hospital; 22 Nov 2010)
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Tuesday, 22 November 2011 09:12am
One year ago today, 21-year-old S Kalaiselvam died at the Sultan Ismail Hospital, Johor Bahru, Johore, reportedly of a suspected lung infection. S Kalaiselvam had been held under the Emergency Ordinance at the Kota Tinggi police station from 21 Sept 2010.
His father claimed the police had neglected to ensure S Kalaiselvam received adequate treatment for the chest pains and appetite loss he had suffered for over a month.
The Johor Bahru High Court ordered a second post-mortem and an inquest into S Kalaiselvam’s death. However, at the time of writing, no further details on the inquest were available in the media.
Every death in custody must be thoroughly and impartially investigated. S Kalaiselvam’s death must not be relegated to a mere statistic.
Based on statistics disclosed by the Ministry of Home Affairs, 156 persons died in police custody from the year 2000 until February 2011.
We express our heartfelt condolences to S Kalaiselvam’s family and friends on this anniversary of his death.
PUTRAJAYA 21 Nov. - Mahkamah Rayuan hari ini mengekalkan keputusan Mahkamah Tinggi yang membenarkan empat beranak berketurunan India Muslim merujuk lima persoalan undang-undang ke Mahkamah Persekutuan dalam usaha mendapat perisytiharan bahawa mereka bukan lagi beragama Islam.
Zaina Abidin Hamid @ S. Maniam dan tiga anaknya iaitu Surindran a/l Zaina Abidin, Mohanasubash a/l Zaina Abidin dan Chandrika a/p Zaina Abidin memfailkan saman pemula di Mahkamah Tinggi memohon perisytiharan bahawa mereka telah murtad selepas mendakwa tidak pernah mengamalkan ajaran Islam.
Mereka memohon Mahkamah Persekutuan menentukan lima persoalan undang- undang antaranya adalah sama ada ibu bapa bagi anak-anak yang berusia di bawah 18 tahun berhak menentukan agama anak masing-masing menurut Perkara 11 dan Perkara 12(4) Perlembagaan Persekutuan.
Panel tiga hakim diketuai oleh Datuk Wira Low Hop Bing yang bersidang bersama Hakim Datuk Seri Abu Samah Nordin dan Hakim Datuk Linton Albert membenarkan mereka merujuk persoalan undang- undang itu selepas menolak rayuan Kerajaan Malaysia tanpa mendengar meritnya.
Death in police custody – S Suria Ramesh (Kota Setar district police lock-up; 22 Nov 2008)
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Tuesday, 22 November 2011 09:10am
Three years ago today, 29-year-old S Suria Ramesh reportedly died in the Kota Setar district police lock-up two days after he had been arrested in Kulim.
Despite the requirement that all custodial deaths be investigated by inquiries conducted pursuant to Chapter XXXII of the Criminal Procedure Code, it is not clear that an inquest has been conducted into S Suria Ramesh’s death.
Every death in custody must be thoroughly and impartially investigated. S Suria Ramesh’s death must not be relegated to a mere statistic.
Based on statistics disclosed by the Ministry of Home Affairs, 156 persons died in police custody from the year 2000 until February 2011.
We express our heartfelt condolences to S Suria Ramesh’s family and friends on this anniversary of his death.
KUALA LUMPUR (Nov 21, 2011): An act that is consistent with the constitution of Malaysia, but inconsistent with Islam is not applicable in Malaysia, Minister in the Prime Minister's Department Datuk Seri Nazri Abdul Aziz said yesterday.
He was commenting on Minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom's statement yesterday that homosexuality was unconstitutional.
Speaking to reporters after distributing pamphlets on violence against women and children at KL Sentral, Nazri said: "I think this statement needs to be properly explained. As you all know, in the Federal Constitution, there is a general statement which states Islam is the religion of the federation, in Article 3 of the Constitution.
"What this means is that even if a certain act is within the rights of the constitution, but if that act is against Islam, then the act is inconsistent as far as Islam is concerned.
NYLC X-Games Unit: Rock Climbing (16 and 30 Oct 2011)
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Monday, 21 November 2011 10:00am
Contributed by Vince Chong, Deputy Chairperson (Central Region), with photos by Foong Cheng Leong, X-Games Captain for Rock Climbing, Bar Council National Young Lawyers Committee
As a different take on sports, the Bar Council National Young Lawyers Committee (“NYLC”) recently formed an X-Games unit to complement the Bar Council Sports Committee. Three X-Games have been identified, headed by separate captains: dragon boating, rock climbing and go-karting. Through this initiative, NYLC hopes to bring a unique twist to the more traditional sports activities.
Article and photos contributed by Mazni Ibrahim, Officer, Bar Council
The Workshop on Islamic Financing, which was co-organised by the Bar Council Islamic Finance Committee (“IFC”) and the Penang Bar Committee, was held in Penang on 12 Nov 2011 (Saturday) and attended by 48 participants.
Death in custody – S Hendry (Pusat Pemulihan Akhlak Simpang Renggam; 19 Nov 2005)
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Monday, 21 November 2011 10:56am
Six years ago last week, 18-year-old Hendry s/o Sreedhran was found hanged in his cell at the Pusat Pemulihan Akhlak Simpang Renggam, less than 12 hours after he had been transferred to that detention centre.
Prior to his arrival at the Simpang Renggam detention centre, S Hendry had already been detained at the Kajang police station lock-up for 29 consecutive days under four remand orders. In each case, he was not charged in court due to insufficient evidence. On the last day of the fourth remand period, he was released unconditionally but immediately arrested under section 3(1) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 (“POPOC”) and detained for a further 60 days at the same lock-up.
Subsequently, S Hendry was transferred to the Simpang Renggam detention centre pursuant to an order that he be detained for two years under section 4(1) of POPOC. Within 12 hours, he was found dead.
Pursuant to section 12 of the Human Rights Commission of Malaysia Act 1999, SUHAKAM established a three-person Panel of Inquiry, which conducted a public inquiry into S Hendry’s death in custody on 17 and 18 Feb 2006.
Death in police custody – R Sundara Raju (detained at Klang police station; 18 Nov 2002)
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Monday, 21 November 2011 10:47am
Nine years ago last week, 32-year-old R Sundara Raju died of injuries sustained while he was being held in police custody at the Klang police station lock-up.
He had been arrested on 11 Nov2002, and was admitted to the Tengku Ampuan Rahimah Hospital in Klang a few days later, after he had reportedly been beaten up in the lock-up. He died in the hospital after being in a coma for three days. It does not appear that the cause of his injuries has been made known.
Despite the requirement that all custodial deaths be investigated by inquiries conducted pursuant to Chapter XXXII of the Criminal Procedure Code, it is not clear that an inquest has been conducted into R Sundara Raju’s death.
PASIR MAS 20 Nov. - Pertubuhan Pribumi Perkasa Malaysia (Perkasa) mengingatkan Suruhanjaya Hak Asasi Manusia (Suhakam) supaya tidak mengeluarkan kenyataan yang mengelirukan rakyat terutama dalam isu keselamatan dan agama sehingga boleh menimbulkan ketegangan.
Presidennya, Datuk Ibrahim Ali berkata, keselamatan dan agama adalah perkara yang tidak boleh dikompromi sama sekali kerana ia akan mengancam keamanan serta keharmonian yang dikecapi sekarang.
Justeru tegasnya, Suhakam tidak wajar sama sekali mempersoalkan tindakan kerajaan menahan 13 anggota militan di Sabah baru-baru ini dengan menggunakan Akta Keselamatan Dalam Negeri (ISA).
“Suhakam jangan jadi ‘lebih sudu dari kuah,’ jangan pandai-pandai hendak gesa kerajaan, ini soal keselamatan negara. Hak asasi tidak boleh melebihi keselamatan dan agama, hak asasi bukan lesen untuk mengeluarkan kenyataan sehingga menimbulkan ketegangan.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
The Case of the Missing Penang Lawyer: Charity Treasure Hunt 2012 (12 Feb 2012) Organised by the Penang Bar Committee Social Subcommittee in aid of the National Autism Society of Malaysia (NASOM), this event will take place at Straits Quay, Penang, on 12 Feb 2012 (Sunday). Deadline for registration is 6 Feb 2012 (Monday). Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).