From:  "kim quek" <kimquek@h...> Date:  Thu Mar 8, 2001 1:05pm ------------------------------------------------------- WHY SHOULDN'T THE BN GOVERNMENT BE TOPPLED? 08.03.2001 The arrest of Keadilan Youth Leader Ezam brings forth a rather ridiculous and ironic scenario.  A corrupt regime that has long avoided being toppled by resorting to suppression of democracy should now be using a breach of  democracy as pretext to arrest an opposition leader whose avowed platform is to topple the country¡¦s leader through democratic means.  Sounds complicated? Not so. Ezam has just launched a nationwide campaign of  "Movement to Save the People's Money¨, after the Nation was stunned and flabbergasted by a series of multi-billion ringgit government bail out of political cronies at exorbitant prices without proper basis (latest cases being Tajuddin Ramli of MAS and Halim Saad for the Light Rail Transit).  As the local mass media is either too muzzled or manipulated by the ruling party to bare the truth, the Youth Movements of the Alternative Front have decided to do a weekly road show from one State to another to alert the Nation to the full impact of these continued atrocious raids on the people's coffers. To counter this campaign, Minguan Malaysia, a newspaper acting undisguised  as the ruling party's propaganda machine and agitator, promptly pounced upon an occasion to interview Ezam to allege him (on Sunday 4th) of having admitted to planning to launch wide-scale demonstration to topple the Government chosen by the people¨. Acting in cohort with Minguan Malaysia, the police quickly arrested Ezam in the next evening (Monday 5th), in spite of Ezam's instant denial of having made the alleged statement in the same newspaper the following day, Monday 5th. In arresting Ezam, the police have erred gravely on multiple score. First, it is not an offence of the law for wanting to topple a government, if the means of doing so are constitutional.  In this respect, all the component parties of the Alternative Front have vowed to use only constitutional means to carry out their political struggles.  They have never done anything unconstitutional.  Nor is there any indication that they will resort to any unconstitutional manouvre. Second, giving public speeches and attending public meetings is a constitutional right of every citizen, be these political in nature or otherwise.  In fact, it is the police that have breached the Constitution in their present partisan role in repeatedly disallowing Opposition rallies without proper reasons, while unreservedly allowing all ruling party rallies, including those with obvious intention to incite racial animosities. Third, it is wrong police procedure to arrest some one without proper   investigations, when the alleged offence is over a statement, the authenticity of which is under dispute.  The correct procedure is not to arrest the alleged offender, but to interrogate both parties concerned. Fourth, mere utterances of intention to breach a law do not constitute a breach of the law.  It is through actually carrying out the offensive act that the law is breached.  Hence, even if what Ezam intends to do is illegal (though it is not), the police have no justification to arrest him for merely expressing a wish.  Police can only warn him from carrying out the act. Against this blatant abuse of power by the police, what does the Minister in charge of police, the Home Affairs Minister Badawi (also Deputy Prime Minister) has to say? Badawi defended the police action by claiming Ezam to be a threat to national security¨ for having made a newspaper statement of toppling the Government through demonstrations¨. Firstly, it is shockingly irresponsible and unfair of Badawi to condemn Ezam over a statement that the latter has publicly denied.  Badawi owes Izam and the Nation an apology unless he can prove Ezam has lied. Secondly, who is a real threat to national security ¡V Ezam who proposes to expose, through a series of public rallies, massive corruption and high level abuse of power exemplified in the latest Government payout of 1,800 million Ringgit to Tajuddin to buy his MAS shares at more than double the market price without any proper valuation, OR the police who, upon receiving such police report of high level abuse of power from Ezam, instead of acting against the culprits, have arrested Ezam on an untenable offence, using an indefensible procedure? Have the police been reduced to mere henchmen of the ruling party to torment and persecute the reformers who are committed to save this Country from the corrupt rulers through constitutional means? Mahathir and Badawi often condemn street demonstrations as the cause for driving investors from Malaysia's shore.  Nothing is further from the truth.  The barren state of new investment that Malaysia has found itself in today is caused entirely by Barisan Nasional's misrule.  The Prime Minister himself has powerfully projected to the world that Malaysia is totally unrepentant from the ravages of the recent Financial Crisis.  Instead of recognizing our own structural weaknesses and instituting remedial political and economic reforms, Mahathir has indulged in an orgy of anti-West vendetta.  The worst was yet to come in the merciless and unjust persecution of Anwar Ibrahim, when Malaysia's last pretenses as a democracy were destroyed.  None of our democratic institutions is spared of subversion by the Executive, and the world now recognizes Malaysia as a land without the rule of law of law, where police and the judiciary are instruments to persecute political reformers, and where increasing corruption and abuse of power are blatantly and unashamedly committed with impunity.  Against this backdrop, occasional street demonstrations by peaceful reformers only illuminate, not darken, the Malaysian scene, signaling to the world that hopes of democratic reforms in this Country are still alive.  And dedicated and selfless reform leaders exemplified by Ezam should be honoured for their courage and sacrifice, not imprisoned and punished as threat to national security¨ as alleged by Badawi. People who love this Country are entitled to ask: why shouldn't we have the right to get rid of this corrupt leadership, and as soon as possible?  Why can't we campaign peacefully in the only means available to us which is public rallies, since the mass media is blocked, parliament is blocked, police and the judiciary are against us?  Does Barisan Nasional expect us to keep silent and do nothing while it plunders the Nation's wealth and leads the Nation down the drain, helpless and hopeless in a world fast transforming by globalisation and IT breakthroughs?  With so much damage done, and with so much time lost in steering this Country to the right course to meet the current challenges, not a day is to be lost in changing our leadership. Some reformers have set a target to oust Mahathir this year.  And Mahthir calls his critics traitors who are out to destabalise the Country and to topple the democratically elected¨ Government before its term ends and for this breach of democracy¡¨ they deserve to be punished.  In doing so, Mahathire has equated himself with Malaysia. What¡¦s wrong with asking a prime minister to quit if he happens to be a liability to the country?   What is so unconstitutional about building up enough public opinion through peaceful means to the point that the prime minister feels obliged to step down?  If campaigning for a discredited leader to step down is a crime, then the politicians in Japan presently asking the unpopular Japanese Prime Minister Mori to step down should all be prosecuted.  Similarly, current Philippine President Aroyo and her colleagues should also have been charged for treason for asking former President Estrada to resign.  Ditto present Indonesian political leaders asking for President Wahid's resignation. And ditto the people of Peru who have just ousted their democratically elected¨ President. Two decades of autocratic rule has blinded Mahthir to the distinction between himself and the Country, and criticism of his misdeeds is construed as act of treason against the Country.  When a leader has reached this state of the mind, it is the clearest signal that the man is unfit to rule and must leave at once before further damage is done. In a corrupt autocracy like Malaysia, public rallies offer the last hope of change.  Unless the people give their strong backing to these peaceful and constitutional means of political support to reforms, the days of a brighter Malaysia will continue to elude us.  It is hoped that the people will see through the Government's false propaganda which paint the reformasi gatherings as disruptors to peace and economic development, and roundly condemn the unjust and illegal persecution of reformers such as the recent arrest of Ezam and others.  Let these new arrests be an impetus to lift the reformasi movement to a new level. Kim Quek

Ezam's case

AMNESTY INTERNATIONAL PRESS RELEASE 7 March 2001 AI Index ASA 28/002/2001 - News Service Nr. 42 Malaysia: Mohamad Ezam Mohamad Nor should be released Malaysian opposition activist Mohamad Ezam Mohamad Nor, who is being held in incommunicado detention, is at risk of ill-treatment and should be immediately released, Amnesty International said today. Mohamad Ezam Mohamad Nor was arrested following a report on 4 March in the pro-government newspaper Mingguan Malaysia that he had called for mass protests to overthrow the government. He has denied the accusation, stating he was misquoted and had merely called for peaceful protests against alleged corruption and cronyism in the government. The Deputy Prime Minister, Abdullah Ahmad Badawi, is reported to have said that Mohamad Ezam Mohamad Nor was arrested "not for his political differences, but because of the words he uttered". Amnesty International's members are writing to the Malaysian government urging for Mohamad Ezam Mohamad's immediate and unconditional release, assurances that he will not be ill-treated, and that he is allowed immediate and ongoing access to lawyers and relatives. Background On 5 March police arrested Mohamad Ezam Mohamad Nor outside the home of the former Deputy Prime Minister and current prisoner of conscience Anwar Ibrahim. Mohamad Ezam Mohamad Nor, who is the Youth Chief of the opposition Parti Keadilan Nasional (National Justice Party) was brought before a magistrate's court on Wednesday 7 March and remanded in custody for a further three days for questioning under the Sedition Act. The rights to freedom of expression and peaceful assembly in Malaysia are severely curtailed by an array of restrictive legislation. According to the vaguely worded Sedition Act, anyone who utters "seditious words" faces a prison term of up to three years. Amnesty International is concerned at the use of selective, politically motivated prosecutions under the Sedition Act to deter peaceful dissent.  The law has been used recently against several opposition party members and a leading human rights lawyer. Mohamad Ezam Mohamad Nor is also being tried for separate charges under the Official Secrets Act for disclosing information to the press about allegations of corruption made against government leaders. Since 1998 a series of public demonstrations in support of the imprisoned former Deputy Prime Minister and calling for political reform have been suppressed with force. Well over 1,200 people have been temporarily detained, many of whom were assaulted in police custody. \ENDS public document **************************************** For more information please call Amnesty International's press office in London, UK, on +44 20 7413 5566 Amnesty International, 1 Easton St., London WC1X 0DW   web : http://www.amnesty.org

Malaysian opposition leader to be detained for four more days KUALA LUMPUR, March 10 (AFP) - Malaysian police can detain an opposition leader for four more days while they investigate him for alleged sedition, a court ruled Saturday. Mohamad Ezam Mohamad Nor, a former close aide of jailed ex-deputy premier Anwar Ibrahim, was arrested Monday night over his alleged call in a newspaper interview for protests to topple Prime Minister Mahathir Mohamad's government. On Saturday magistrate Wan Fatimah Zaharah granted a police application to continue holding him in custody till next Tuesday, Ezam's lawyer N. Surendran said. But the magistrate ruled that this will be the final remand, meaning police must either charge him next Tuesday or let him go. A crowd of about 50 people shouted support as Ezam, the youth chief of the National Justice Party (Keadilan) led by Anwar's wife, was taken from the court in handcuffs. Ezam says he was misquoted by the pro-government Utusan Malaysia newspaper. He says he spoke only of planned peaceful protests against alleged corruption and cronyism in Mahathir's administration. Surendran said the remand was unnecessary since Ezam was exercising his legal right not to answer any police questions. "Why do they need to keep him in detention?" the lawyer told AFP. "He is sitting in the lock-up for no reason at all." Surendran said Ezam is being investigated under the Sedition Act and under a section of the Police Act dealing with illegal assemblies. Gatherings of more than four people can be deemed illegal without a police permit for them. Police have given no information on whether they plan to charge Ezam, and if so, with what offence. He could face up to three years' jail if charged with sedition and convicted. Street protests, once rare in Malaysia, have become more common since Mahathir sacked his heir apparent Anwar in September 1998. Anwar was later convicted of abuse of power and sodomy and jailed for a total of 15 years in what he says was political persecution. The government denies any political motive.

Detention of Malaysia opposition leader slammed as "vindictive" KUALA LUMPUR, March 11 (AFP) - Malaysian police were Sunday slammed as "vindictive" after winning a court order to extend the detention of an opposition leader accused of sedition. A magistrate Saturday extended a remand order against Mohamad Ezam Mohamad Nor, a former close aide of jailed ex-deputy premier Anwar Ibrahim, for four more days so police can continue investigations. Ezam was arrested on March 5 over his alleged call in a newspaper interview for protests to topple Prime Minister Mahathir Mohamad's government. He heads the youth wing of the National Justice Party (Keadilan) led by Anwar's wife. "The police detention of Ezam for another four days is vindictive and a travesty of fair play and justice," said Lim Kit Siang, chairman of the Democratic Action Party which is allied to Keadilan. A crowd of about 50 people shouted "Reformasi" (reform) as Ezam was taken from the court Saturday in handcuffs after the hearing. Ezam says he was misquoted by the pro-government Utusan Malaysia newspaper. He says he spoke only of planned peaceful protests against alleged corruption and cronyism in Mahathir's administration. Lim said in a statement that police had made themselves a "laughing stock" around the world by arresting Ezam on the basis of a newspaper report without first checking its authenticity. He described the arrest as politically motivated and accused police of double standards in failing to investigate opposition complaints against ruling party members. Local rights group Aliran said police had become "the tools of political oppression." In a statement it said many opposition leaders suspect a "sinister plot" to disqualify leading opposition figures as candidates in the next election, which must be held by 2004. Aliran noted that anyone fined more than 2,000 ringgit (526 dollars) for a criminal offence is barred from standing for parliament. "There is not even the need for a jail sentence, which would only agitate and motivate opposition supporters to continue their struggle with greater determination." Police must either charge Ezam or let him go when he appears in court again Tuesday. Sedition is punishable by a a jail term of up to three years or a fine of up to 5,000 ringgit or both. Mahathir Saturday urged ordinary people who oppose street demonstrations to speak out if they want to preserve peace in the country. He said disenchanted citizens had the power to change the government at the next election. The premier, who has held power since 1981, was speaking at a meeting with a delegation from martial arts associations, which pledged support for the government and said it opposes street protests. Mahathir, quoted by Bernama news agency, advised martial art organisations to remind their members -- especially students -- to concentrate on their studies while mastering the art of self-defence. "The aim is not to attack others but for self-defence and to defend peace," he said, without elaborating. Street protests, once rare in Malaysia, have become more common since Mahathir sacked his heir apparent Anwar in September 1998. Anwar was later convicted of abuse of power and sodomy and jailed for a total of 15 years in what he says was political persecution. The government denies any political motive.

FAC News - 23 March 2001 Ezam talks about his interrogation by the Malaysian police On Thursday, 15 March 2001, the National Justice Party Youth Leader, Ezam Mohd Nor, addressed a crowd of about 1,000 supporters at Datin Seri Wan Azizah Wan Ismail’s house to tell the story of his eight days detention. Ezam was arrested at around 9.00pm on 5 March 2001 in front of Wan Azizah’s house, the eve of Hari Raya Aidil Adha (Eidul Adha festival), one of the most important Muslim religious festivals. On the eighth day of his detention, Ezam was charged for a crime under the Sedition Act 1948 - which was a figment of the police’s imagination. -------------------------------------------------------------------------------- I was arrested as soon as I arrived in front of Wan Azizah’s house. I was there to discuss an important matter with the party president. I pleaded many times with the police to allow me a few words with Wan Azizah before they take me away but the police refused permission. I was then taken to the IPK Kuala Lumpur (Kuala Lumpur District police station) and put into a lockup for the night. The next day, which was Hari Raya Aidil Adha (Eidul Adha festival), the police started interrogating me. This interrogation went on for the whole day. The police accused me of trying to topple the government and they wanted to know more about the matter. This accusation was based on a government-controlled newspaper report – Utusan Malaysia - which was totally baseless and unsubstantiated. I told the police I intended to sue Utusan Malaysia for a few million Ringgit and that if the police persisted with this accusation they too would suffer the same fate. The police then changed the subject and questioned me about the demonstrations that are being planned all over the country. I told them that demonstrations are the right of every citizen in a country that practices democracy. This interrogation went on for two full days until the police ran out of "crimes" to accuse me with. On the fourth day of my detention I was brought to the Kuala Lumpur magistrates court where the police applied to the court to remand me for another four days. The police and prosecutor were actually arguing amongst themselves about this extension of remand because they had not found any evidence of a crime with which to charge me with yet. I was told later that the instruction to further remand me had "come from the top". The police spent the next few days trying to get hold of tape recordings of my speeches in a desperate search for evidence of my seditious deed. After listening to the tape recordings of my speeches the police started changing their attitude towards me and also treated me differently. One of the police officers even admitted that they have failed to find any evidence with which to press charges against me. On the eighth day I was brought to the magistrates court to be formally charged with sedition. This charge is based on a police report made by Zulkifli Alwi. According to Zulkifli’s police report I had called for all Malaysians to demonstrate on the streets in an attempt to topple the government. This alleged statement was reported in Mingguan Malaysia. At first they tried to impose bail of 50,000 Ringgit. The judge actually admitted that this is an instruction from the top whereas he realises that this is ridiculous since the maximum fine for sedition is only 5,000 Ringgit. After we appealed against this figure, the judge finally reduced the bail to 5,000 Ringgit.

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