Sunday, October 7, 2007

Just A Story...

Hey people...

This is my first time writing in a blog...

What you're about to read is a story which I think is pretty... Oh I don't know... You go on and read and you tell me about it...

There was a woman, Cat for short, who was working and helping closely with the migrant workers in her community ministry... She was particularly close to a group of Vietnamese ppl who were working in the town as they were the group of migrant workers who were facing a lot of problems, e.g. oppression.

24 June 2007
One day (As above), she was informed by 3 Vietnamese workers that a 19-year-old boy (A Vietnamese migrant himself) was being detained, locked up at the police station since 7 June 2007.
Apparently, the boy, together with the 3 Vietnamese were involved in a fight with a group of Nepalese at their workplace. The boy actually, was not involved in the fight. Let me put it this way... He was at the wrong place, at the wrong time...
So what happened was... This boy was left at the fighting scene, whereas the other 3 fled, including those Nepalese... The boy was left to 'face' the music, if you know what I mean...

25 June 2007
Cat went over to the police station to make some inquiries and found out that the boy was charged on the 14 June 2007 under Section 324, Penal Code : Causing Hurt and was detained at a jail in the next county.

26 June 2007
Cat phoned the jail, over at the next county, confirmed that the boy was in jail. FYI : This boy could NOT speak a word of Bahasa Malaysia or English as he only arrived in Malaysia earlier this year in January. She made an appointment with 2 of the other Vietnamese to visit the boy, as the 2 were able to converse in BM and English, though not fluently.

2 July 2007
It was only on this day that Cat, along with another friend of hers, Iggie, found a lawyer. They managed to obtain the boy's file number from the courthouse. The bail amount was RM5000 with 2 Malaysians as Guarantors. The following court hearing would be on the 12 July 2007.

8 July 2007
Cat and a few friends went over to the jail to pay the boy a visit.

12 July 2007
Cat went to court for the hearing but due to the inavailability of a Vietnamese interpreter, the case was postponed to the 10 August 2007.

13 July 2007
Cat and her committee members of the migrant ministry decided to get their own interpreter. Cat had an acquaintence, a Vietnamese who could speak well in both BM and English.

14 July 2007
Cat went with a friend to the Magistrate Office to enquire if it is possible to provide their own interpreter but unfortunately, it wasn't possible.

15 July 2007
Cat and her friends went over to the jail to visit the boy.

10 August 2007
Cat went to the court for the hearing again but returned sad and disappointed as there was NO interpreter available. The case was postponed to the 24 September 2007.

24 September 2007
Cat went to the court for the hearing and again the same excuse... There wasn't an interpreter available. The case was postponed to the 6 October 2007.

30 September 2007
Cat went over to the jail to visit the boy.

1 October 2007
Cat was later informed by a friend, an Inspector, that there wasn't anything that they could do to help this boy. The inspector suggested to Cat, that this boy admit the offence as charged, so that the judge could pass sentence and this boy will be deported ASAP.

* The names used in the blog are made up. They're real ppl but I thought it would be better not to disclose their identity.
# # #
Ladies and gentlemen,
Sad to say that I am very confused by these events. As of today, this boy would be in jail for almost 4 months... For something that he has not done...
I was also wondering y is it that it takes so long to get an interpreter? Is it legal to detained someone for so long?
Then y would an Inspector suggest that the boy admit a crime for which he did not commit? Does that mean that it would be easier for him and the court? Was it for nothing that the boy was held in jail for so long, cos in the end he only need to admit that he did it?
I was also thinking... Wouldn't it be a waste of money that this boy be in jail? I mean he was given food but of course, where did all these come from? There are many of these kinds of cases happening too... Ppl of different nationalities, detained for a long period of time, just waiting for them to admit the charges, then deport them...
My friends... This is the other side of Malaysia that I just, recently found out...
What do you think? (Sigh...)

19 comments:

ViViEnNe said...

totally disappointed..that's how they do the job?no intreperter?...gimme an explanation y they cant find an intreperter...n bout telling d boy 2 jus admit?..omg..where's d original passion n all?urgh...

Hollow Ataraxia said...

Hmmm.. That was what they told Cat...

They just couldn't get an interpreter... No explanation given at all, even after Cat asked them...

I believe Cat is now trying to contact the Vietnam Embassy in Malaysia for an interpreter...

Hopefully she'll get one... We'll keep our fingers crossed...

And about asking the boy to admit right... That inspector was actually trying to tell Cat to give up the case cos it has been prolonged for months.. It's a waste of time and money to continue anyway...

I think Cat won't give up just like that... We'll see how things go I guess...

Carmen N said...

DAMN! Another great example of how ineffective, inefficient and INHUMANE our legal system is. It's completely taking advantage of poor people's lack of money, representation in court and lack of awareness of what to do.

If it wasn't for Cat, the boy would be admitting to something he has not done.

The truth of the matter is that this HAPPENS ALL THE TIME!!!! Sad but true. And it does not ONLY happen to immigrants--illegal or otherwise--but also happens to MALAYSIANS!!! Especially those who are too poor, too uneducated and too ignorant to have access to lawyers, advocates for their cause, etc.

I don't know the solution but certainly, I do know that people who choose to study law and become lawyers, THESE are the cases that should be taken up. Instead of studying law so that you can make oodles of cash, why not work with reasonable pay but fight for the rights of the underprivileged, the poor and oppressed? I know a lot of lawyers who do just that but they are in the minority.

If you know people who are studying law, these are the cases they should be exposed to. Not just mergers and acquisitions in the corporate world, which is just about making a ton of money and not having much of a conscience, if you ask me. Corporate law is basically about hiring people to protect the ALREADY FILTHY RICH.

Sorry.... your post really made me mad today, Mich.

But thanks for sharing.

yeevon said...

gee, that is cruel. clearly they want only to pin whoever they think is the culprit to close the case asap, rather than find out what really happened. so they think a non-Malaysian deserve lesser than the little respect we are already getting as Malaysians?

Hollow Ataraxia said...

It's pretty crazy! I know!!!

I was very disappointed when I found out about this too...

From what I know, apparently there were 2 other lawyers who rejected the case and refused to help Cat...

And to YV... Many police officers that Cat had met preciously, they were worse... Some even used violence to settle cases like these...

Cat once told me about these 5 Vietnamese boys who were terribly beaten and 1 was hospitalized... Just to wrap up the case...Talk about compassion! I don't think these officers have anyway...

Like I said before... The one thing that really separates humankind... is INDIFFERENCE!

"You're not my countrymen, I don't give a damn" sort of thing...

I think Cat and her committee members are facing a hard time right now... Hope they'll be able to do as much as possible to help this boy...

amy2kyo said...

Alamak! Apa sudah jadi kepada negara kita? Cerita ini amat memberangsangkan. Ramai yang tidak mengetahui cerita-cerita sebegini, kerana ia tidak digalakkan untuk dipaparkan dalam surat khabar atau televisyen.

Apa-apa yang tidak kena-mengena dengan negara kita, memang tidak akan dilayan dengan baik.

Aku rasa tiada 'interpreter' dapat dicari kerana tiada orang akan mendapat habuan jika menolong 'pendatang asing' seperti orang Vietnam yang tinggal di negara kita.

Mengapakah budak yang dikenakan penjara itu tidak memberontak untuk mendapatkan keadilan untuk dirinya?

Di manakah bukti-bukti yang relevan untuk menangkap budak itu? Adakah ia wujud?

Hollow Ataraxia said...

Wahai rakanku Amy...

Memberangsangkan atau tidak, ia masih suatu isu yang hangat tetapi tidak mendapat perhatian yang sepatutnya...

Mungkin pendapat yang diberi iaitu 'interpreter' tidak dicari sepenuh hatinya adalah akibat tiada habuan amatnya benar... Tetapi bukankah ia lagi tidak mempunyai habuan jika seseorang yang tidak penting, dipaksa meringkuk di penjara? Bukankah peristiwa ini lebih menggunakan sumber-sumber yang lain?

Budak lelaki ini, betul, merupakan pendatang asing, amat jahil terhadap sistem undang-undang di Malaysia dan tidak berdosa, apatah lagi ingin memberontak?

Dengan adanya keadaan budak itu di penjara, dia lagilah takut untuk berbuat apa-apa...

Secara keseluruhannya, bukti untuk penangkapan adalah budak lelaki itu telah ditahan di tempat kejadian padahal penjahat yang memulakan pergaduhan tersebut mampu melarikan diri terlebih dahulu...

Wahai tuan-tuan dan puan-puan...

Dimanakah keadilan? Kita harus bertanyakan soalan ini... Adakah ia wujud? Mari kita bersama-sama berfikir secara mendalam...

125z Rider said...

Dalam poket Anwar

jeannie said...

Michelle dan Amy yang dikasihi...

Apa lagi yang anda rasa berlaku disini? Ketara sekali inilah 'keadilan' yang sering berlaku di negara kita yang dicintai...

Kes yang dicerita oleh saudari Michelle hanyalah salah satu kes daripada berpuluh-puluh kes yang pernah berlaku di negara kita...Manalah tahu ia mungkin juga mencapai beratus-ratus kes...Sebagaimana yang diceritakan saudari Michelle, kes keganasan terhadap pendatang-pendatang asing ini sudah tidak lagi sesuatu yang aneh di Malaysia.

Wahai sekalian..

Dengan kejahilan rakyat Malaysia, bagaimana kita dapat berganding bahu untuk melindungi mereka yang tidak berdosa...

Betapa kasihannya budak tersebut...Bagaimana dapat kita buat untuk menolongnya...Adakah penterjemah begitu sekali dicari atau ia hanya satu alasan untuk 'meringkaskan' tugasan pihak berkuasa...

wahai saudara saudari...

Apakah pendapat sekalian terhadap kes yang menyedihkan hatiku ini...

KahJoon said...

kawan2 sekalian, kan saya sudah kata pihak polis dan pihak kehakiman negara kita berada dalam keadaan yg amat teruk sekali sekarang. saya sudah banyak kali blog tentang ini tapi kebanyakan orang tak peduli kerana pada mereka ia tiada kaitan dengan mereka. mereka tidak sedar bahawa punca semua masalah seperti masalah yg disebut di atas adalah hasil drpd ketidakberkesanan pihak polis dan kehakiman. ia adalah punca utama!

tak lama dahulu, suruhanjaya diraja yang ditubuhkan untuk memperbaiki pentadbiran & pengurusan PDRM telah menyarankan untuk menubuhkan IPCMC (Independent Police Complaints & Misconduct Commission). tetapi PM "tersayang" kita masih belum mahu melaksanakan saranan ini. PDRM juga terang2 tidak mahu IPCMC dilaksanakan kerana semua perbuatan mereka akan terbongkar. sumber pendapatan mereka tentu jatuh menjunam juga kerana rakyat lebih senang melaporkan korupsi sekiranya ada IPCMC.

baru baru ini, satu lagi skandal yg mengaitkan ketua hakim negara dan seorang peguam ternama terdedah. banyak pihak seperti Bar Council telah meminta supaya satu suruhanjaya diraja ditubuhkan untuk menyiasat skandal ini, merombak semula seluruh pihak Kehakiman dan memulihkan kredibiliti serta integriti sistem kehakiman negara kita.

kerajaan masih teragak-agak untuk menubuhkan suruhanjaya diraja kerana mereka bimbang implikasi yg akan timbul akibat siasatan suruhanjaya. banyak rahsia dan perbuatan jenayah akan dikorek keluar. mereka mengelak dengan menubuhkan satu panel yg tidak mempunyai banyak kuasa untuk menyiasat skandal itu sahaja. ada ura-ura yg mengatakan DPM yg membuat keputusan untuk menubuhkan panel tersebut tanpa berunding dgn PM dan Kabinet.

saya rasa, orang yg paling bimbang dan resah sekarang ialah DPM. beliau tidak mahu suruhanjaya ditubuhkan kerana sekarang kes Altantuya Sharibuu yg dikatakan ada kaitan dengannya sedang dibicarakan di mahkamah. kawan baiknya razak baginda adalah salah seorang tertuduh dlm kes pembunuhan kejam itu. sekiranya suruhanjaya diraja ditubuhkan, agaknya kes itu pun sudah habis dibicarakan di mahkamah tinggi tetapi masih ada lagi proses rayuan di mahkamah rayuan dan mahkamah persekutuan. DPM bimbang apabila Kehakiman sudah dibersihkan dan rayuan dilakukan serta kes dibuka semula. ini mungkin akan menyebabkannya terlibat.

ish saya dah cite panjang ni, pun sudah pesong sikit. Kesimpulannya, kita semua harus bersepakat dan bersatu mendesak kerajaan melaksanakan IPCMC dan menubuhkan suruhanjaya diraja untuk menyiasat kehakiman agar ketidakadilan dapat dikurangkan sebaik-baiknya.

Carmen N said...

Memang pandai KJ... pandai nak mengaitkan isu kehakiman dan keganasan polis kerana memang isu ni tak dapat sambutan hangat di blog kita bila KJ buat posting beberapa minggu dahulu! Syabas!

Betul cakapnya, semua perkara ni ada kait-mengait. Pokoknya, semua kes-kes keganasan polis, korupsi, penyelewengan undang-undang ada kena-mengena di antara satu sama lain kerana semua anggota kerajaan terlibat, termasuk jugak dengan orang-orang kaya.

Tapi, jangan sangka keganasan polis hanya berlaku kepada golongan pendatang haram aje... ada banyak kes sebegini yang melibatkan orang Malaysia jugak, terutamanya budak lelaki kaum India yang miskin.

Aku boleh cerita lagi... ada jugak cerita yang sangat dramatik tentang keganasan dan kekejaman polis terhadap Fahmi Reza, pembikin filem tentang hartal. AH! Sedihnya cerita tu...

Jumpe 20hb saya akan cerita k?

Mohon maaf jika BM saya kekok sikit... hehehe... aku ni kan guru BI! hahahaha

Carmen N said...

Ataupun baca keratan akhbar yang dipetik dari laman Malaysiakini...




Peace shattered at Bukit Aman
by Frank Talk
Mar 2, 04 08:00am

On Feb 28, I witnessed the kind of force that the Malaysian police are able to brandish against a civil and peaceful assembly.

For me, it is especially ironic that a peaceful assembly to inform the police about alleged use of excessive force over the last four years could result in one of the most blatant shows of police force I've seen in my short life.

The assembly began at 10am in front of the Bukit Aman federal police headquarters in Kuala Lumpur. It was a peaceful gathering of like-minded folk, among them family members of victims of alleged police brutality, NGO activists and other individuals.

Everything was going smoothly, as introductory remarks were made followed by a few very short speeches. However, before the speakers could go on, before family members could come forward to speak about the death of their loved ones, a few policemen moved into the crowd in what appeared to be an impending arrest of the key speakers.

During the ensuing chaos I stepped away from the crush of people and moved to the right of the crowd.

It was then that I saw a group of about seven policemen surround and grab artist-activist Fahmi Reza as he was standing with his friends, holding up placards and signs that visually depicted victims of police brutality of the past as well as images of police.

The policemen not only surrounded Fahmi and his friends but they manhandled him, pulling and tearing at his clothes until his shirt was ripped.

I could see them yanking him roughly and hitting him as they tried to snatch his bag from him. They knocked his spectacles off, immediately rendering him disoriented because he cannot see without his glasses.

Fahmi was yelling "Tolong! Tolong!" but no one could go to his aid because he was being physically hauled about by the policemen, while another four of five were pushing and punching people away from him.

The policemen dragged Fahmi away from his friends and the crowd and forcibly restrained him as he tried to wriggle free from their vice-like grip. He tried to hold his ground and to resist moving, but was overpowered by the policemen. I still felt powerless to do anything.

Fahmi was wrestled to the ground. As the crowd began to surge around and the media began to take photographs, the policemen became even more aggressive and violent, trying to block him from camera view as they formed a circle around him.

I knelt to try and see what was happening, and saw them step on Fahmi, kick him and push his face onto the tarred surface. He was grimacing and crying out with pain as the left side of his face scraped the ground. All the while, the policemen were pressing down on his entire body. I felt sick to my stomach.

How is it fair or equitable to have so many policemen overpower and assault a skinny bespectacled young man who was unarmed? The police kept shouting ‘Pisau’ as if Fahmi was brandishing a weapon but I had not seen him hold any kind of knife.

Furthermore, he was held down and physically restrained in a manner that would ensure he would not be able to move or do anything but submit. More than that, at least four inspectors watched without intervening.

The scene reminded me of the Rodney King incident in Los Angeles in the US in 1992. I also remembered all the policemen who were witnesses to the beating had done nothing to intervene.

I saw a woman, whom I later found out was activist Elizabeth Wong, trying to push through the group of policemen in order to help Fahmi.

But they manhandled her as well, hauling her up and dragging her away as she kicked and screamed.

I was shocked and could not understand why it was necessary to go to such lengths to detain two individuals who were clearly not engaging in any violence and who had not even been speaking to the crowd.

Why was it necessary for the police to act in a way that turned a peaceful assembly chaotic? The people were there not to provoke anyone, agitate or do anything beyond expressing their sense of injustice and raising awareness about has been happening.

Those who had a strong hand in changing the dynamics of the gathering were the police themselves. They provoked a situation that resulted in 17 people being arrested.

I went to the demonstration expecting the police to show good faith and to prove that they are capable of humanity and basic civility.

I left with a bitter taste in my mouth, sick to my stomach at the sight of them assaulting innocent citizens who were merely holding a peaceful gathering.

yeevon said...

wow okay i didn't know the police force in Malaysia is so brutal. and can i not comment in BM? haha *shy*
anyway yeah i think it's about time the royal investigation thingy began. and make sure they leave politicians out. they've done enough 'contributions' already.

hey i was thinking right. y'know the NS in Singapore, it's a 2-year thing. and their training routines are hardcore [so i've heard]. so, almost every man in Singapore is an officer. obviously they are more aware on issues about human rights better than we do and i'm sure a lot more disciplined than NS 'graduates' in Malaysia. so could this also be an indirect factor why Singapore doesn't have as many cases of police corruption and unreasonable brutality as Malaysia do?

Hollow Ataraxia said...

I think that the situation right now in Malaysia has gone far enough...

What can we do? What can we do?

Why is it that the powerless, moneyless, innocent ppl are being treated like this?

Is it true that those power-hungry-high-authority-bastardly-rich-maniacs want this country to be theirs one day?

Do they wanna eliminate everything that's different than them?

Do they wanna trample those who will be a threat to their already 'great' lives?

What will it take for these ppl to wake up from their slumber and not treat other ppl equally?

125z Rider said...

KJ. To answer your question, our DPM's mistress is Altantuya Sharibuu. It is also said that Razak Baginda's wife is involved as well. There was a tatoo of Razak's face on Altantuya's chest.In order to cover the tatoo they blast her and that is one or the reason. About the fight in Bukit Aman. It was a peaceful assembly rite! How can the police can take charge, and a police officer can only take charge when is given order or when the person is a threat. They hit Fahmi rite, and claimed that he held a weapon. Surely someone would have have a video clip of what was going on. Use it, Use it against the police. Thats just my suggestion. Moneyless, powerless people tend to fight for their rights and demand what should be given to them. What can make a change?
IPCMC should do the trick.

KahJoon said...

sharwin, aku ada tanya soalan ke? takda lah..and what u said rite..are just rumours..she's already gone, body blown to pieces.anyone also can say got tattoo or anythign la..u must know how to differentiate rumours and truths. awak tak tahu ke, malaysia ialah juara khabar angin. awak tak perasan ke bila saya cakap pasal DPM dan Altantuya, saya tidak menggunakan ayat ayat yg memberikan kepastian..semuanya kemungkinan sahaja..

pasal fahmi reza dan elizabeth wong, saya begitu marah sekali apabila mengetahui hal ini. sungguh tidak adil.

sharwin, i dont think there will be video evidence lo..the police sure rampas from the ppl that are recording d..media also dun dare lapor coz kena pressure ma..

support IPCMC and support royal commision to investigate judiciary !

Hollow Ataraxia said...

Wow!

Kita sekarang berbincang pasal isu DPM dan Altantuya dah? (Garu kepala...)

Sebenarnya pasal Fahmi kan... Saya rasa ia merupakan suatu kebiasaan di antara pihak polis untuk menyalahgunakan kuasa... Tidakkah perkara seperti ini amat menonjolkan? Tetapi adakah ia 'dibuka' untuk perbincangan? Tidak ramai mengetahui tentang perkara-perkara seperti ini... Bukankah ia pelik? Apakah negara kami telah berubah kepada negara milik orang gila?

Kemungkinan besar pertubuhan IPCMC akan berupaya mengubah keadaan di Malaysia... Mungkin tidak... Tetapi jika ia bercadang untuk merombak struktur undang-undang di negara kita, maka ia mesti dilaksanakan...

BRING IT ON!

Harwina said...
This comment has been removed by the author.
Carmen N said...

Just a point of clarification, after talking to Fahmi. He was indeed carrying a "weapon" if one can call it. Clearly, the police think it was!

SO, what was this weapon?

An ordinary, stationery-shop-also-can-buy blade. Not huge big ass blade but the regular ones with the colourful plastic cover. He was using the blade to cut some raffia string, which was used to string up the banners used for the demo. He was not pointing the blade at anyone, he was not waving it about in a threatening manner. He was merely cutting the raffia string with the blade. And all around him were other students handling the banner, unfurling it and unravelling the raffia string to help him.

And THIS DANGEROUS TOOL was declared a weapon. The police were just taking the opportunity to become violent.

In fact, Fahmi was standing quite a distance from where all the speeches were held. He was in the far back, stringing up the banner on a tree trunk. Hardly what you can in the line of fire!

So now you know the full story. No rumours, just truth.