Friday, February 20, 2009
"Wayang Kulit" of Ministry of Foreign Affairs & AG at the UPR in Geneva
Waythamoorthy attended as an observer at the recent concluded Universal Periodic Review on Malaysia in Geneva on the 11th February 2009.
The ultimate aim of this UPR mechanism is to improve the human rights situation in all UN member countries, address human rights violations wherever they occur and indicate the actions that have been taken to improve human rights situation but the Malaysian session turnout to be a gloated congratulatory event by the NAM and OIC countries on the righteousness and success in protecting human rights by the UMNO led Malaysian government.
The report submitted by the Malaysian delegate was a mockery so were the “crony” countries to a large extend who failed to question objectively on the human right violations and uphold the aim of the UPR mechanism save for a few countries.
Every member states if they had read the summary prepared by the Office of the High Commissioner for Human Right for the UPR review recognizes that Malaysia have not ratified most of the major international human rights instruments, that there has been major Human Right violations and Suhakam is practically toothless and hardly an independent body to oversee the human right violations in Malaysia.
If only the member states had actually read the summary, then many objective questions on the human right violations could be raised and only if the Malaysian delegate acknowledges the human rights violations that are widespread and propose actions that are being taken to minimize these violations to actually serve the very purpose of the UPR.
In any event, in recap of the AG's, who had answered to some of the questions raised by the concerned states such as Article 11 which provides for freedom of religion and the demolition of the temple that was necessitated by the law of the country is rather dumfounding, absurd and clear indication of discrimination, marginalization of the ethnic minority in Malaysia and a derailed justice system.
The demolition of such temples such as the over 100-year old Sri Maha Mariaman Hindu temple (Shah Alam), the Sri Maha Periyachi Amman Hindu temple (Malacca) and the Sri Kaliaman Hindu temple (Shah Alam) demolished in 2007 could not have been necessitated by law as such national land code, building plan laws and relevant land ordinance were not in existence during that time.
In Malaysia, the National Heritage Act 2005 is an Act to provide for the conservation and preservation of National Heritage, natural heritage, tangible and intangible cultural heritage ie aesthetic, archaeological, architectural, cultural, historical, and scientific. Doesn't a temple over 100 years qualify under this act, or is it only selective for a particular ethnicity in a multicultural society?
In another round of answer, the “learned” Attorney General failed to address the independence of the judiciary and arbitrary detention on the issue of the prisoners of conscience ie the HINDRAF 5 but rather how RPK was released after being detained under the ISA to show the independence of the judiciary but then why is the government now appealing which is again a total abuse against the concept of the rule of law and basic commitment to human rights and the independence of the judiciary by the UMNO led government.
On the torture of Prabakaran and murder of A. Kugan, he claims that Malaysia does not condone to any torture. What happened to over the 1,000 Indians who were murdered in custody or shot dead over the years? Has there been any conviction against the police personnel for those who had been murdered so far?
If only not for the brave HINDRAF heroes who barged into the mortuary, alternative media and public pressure, the cases of Prabkaran and A. Kugan would had been swept under the carpet just like the rest of them. What action had the government taken other than to investigate so far on Kugan's murder that took place in custody although over three weeks had past and no arrest has been forthcoming simply because the culprits are members of the Royal Police Force
On freedom of assembly, expression and religion, he claims everything is done in accordance to the Constitution. How do one justify the arrest and charge against peaceful protesters such as HINDRAF, BERSIH, JERIT and the abolish ISA vigils that had taken place as oppose to inciting and provoking racial protest that are orchestrated and conducted by the UMNO let fascist government?.
Such blatant lies and condescending replies by the Attorney General at the august International Forum only reflects the dire state the nation faces through imposition of fear and intimidation against the will of the public in seeking and living within the sphere of the constitution.
The present glorified Malaysian government definitely does not deserve to be in the Human Right Council with its atrocious track record on human right violations. All the NGOs and importantly the Malaysian People Power need to increase their tempo and act in questioning and addressing issues that concerns the society irrespective of the race, religion, color or following for us to move forward in Malaysia.
Thank you.
P. WaythaMooorthy
Hindraf – Chairman
Tuesday, February 17, 2009
AMNESTY INTERNATIONAL Public Statement
AI index: ASA 28/001/2009
13 February 2009
Malaysia falls short in fulfilling its promises to theUN Human Rights Council
The Malaysian government should fully implement the recommendations issued by the UN's Universal Period Review (UPR) Working Group in Geneva today, Amnesty International said. The Working Group will adopt recommendations on Malaysia made during the country's review by the Human Rights Council on 11 February.
Some of the key recommendations included calls for repealing or amending the Internal Security Act (ISA) and guaranteeing freedom of expression, information and religion. Many countries also identified Malaysia's poor record in addressing human rights abuses against refugees and migrant workers.
Amnesty International welcomed Malaysia's engagement with the UPR process, but noted that Malaysia had fallen short of many of its commitments to the UN Human Rights Council when it applied to become a member in 2006.
In 2006, Malaysia pledged itself to "the promotion of a free media, including in cyberspace, as well as the encouragement of vibrant and active civil society".
"Malaysia has failed to uphold these pledges to respect human rights, including its commitment to promote a free media, particularly the Internet. Bloggers have been charged under the vaguely worded provisions of the Sedition Act," said Donna Guest, Amnesty International's Asia-Pacific deputy director.
At least 50 people are detained indefinitely without charge or trial under the Internal Security Act. These include five leaders of the Hindu Rights Action Force (HINDRAF) who as prisoners of conscience should be released immediately and unconditionally, Amnesty International said.
Amnesty International also said that the government should speed up police reform and oversight. On 20 January, 22-year-old Kugan Ananthan died in police custody. His family and others who had seen his corpse alleged that he had been tortured to death. In December 2008 27-year-old B Prabarka claimed that police beat him, splashed boiling water on his body, and threatened to hang him.
"For Malaysia the real test of the UPR process will be whether it implements changes that have a real impact on the protection of human rights in the country. As a member of the Human Rights Council, Malaysia should follow through on its promises and take the lead in respecting, protecting and promoting human rights in the Southeast Asian region," Guest said.
END/
13 February 2009
Malaysia falls short in fulfilling its promises to theUN Human Rights Council
The Malaysian government should fully implement the recommendations issued by the UN's Universal Period Review (UPR) Working Group in Geneva today, Amnesty International said. The Working Group will adopt recommendations on Malaysia made during the country's review by the Human Rights Council on 11 February.
Some of the key recommendations included calls for repealing or amending the Internal Security Act (ISA) and guaranteeing freedom of expression, information and religion. Many countries also identified Malaysia's poor record in addressing human rights abuses against refugees and migrant workers.
Amnesty International welcomed Malaysia's engagement with the UPR process, but noted that Malaysia had fallen short of many of its commitments to the UN Human Rights Council when it applied to become a member in 2006.
In 2006, Malaysia pledged itself to "the promotion of a free media, including in cyberspace, as well as the encouragement of vibrant and active civil society".
"Malaysia has failed to uphold these pledges to respect human rights, including its commitment to promote a free media, particularly the Internet. Bloggers have been charged under the vaguely worded provisions of the Sedition Act," said Donna Guest, Amnesty International's Asia-Pacific deputy director.
At least 50 people are detained indefinitely without charge or trial under the Internal Security Act. These include five leaders of the Hindu Rights Action Force (HINDRAF) who as prisoners of conscience should be released immediately and unconditionally, Amnesty International said.
Amnesty International also said that the government should speed up police reform and oversight. On 20 January, 22-year-old Kugan Ananthan died in police custody. His family and others who had seen his corpse alleged that he had been tortured to death. In December 2008 27-year-old B Prabarka claimed that police beat him, splashed boiling water on his body, and threatened to hang him.
"For Malaysia the real test of the UPR process will be whether it implements changes that have a real impact on the protection of human rights in the country. As a member of the Human Rights Council, Malaysia should follow through on its promises and take the lead in respecting, protecting and promoting human rights in the Southeast Asian region," Guest said.
END/
Pathmawathy asks Kenneth Iswaran to stop lecturing
This is a response to Kenneth Eswaran’s interview on the 23rd of January 2009, to Malaysiakini on MkiniTV.
When a businessman comes out in the open and makes public statements on an issue of public interest in a rather controversial manner, there is a lot at stake for him. Given this, why is Kenneth Eswaran (who now goes by KK Eswaran) taking that risk, by projecting himself as a spokesman of sorts for the Indian community (though he vows that, that is not what he is trying to do).
If you look a little beyond his words, it is evident that he is taking a position that is totally against the interests of the vast majority of Indians in the country. A businessman is a businessman, he only cares for his own interests, but occasionally puts on a façade of speaking up for a community.
He talks about Tamil schools, he talks about youth training, he talks about petty traders interests. But what he is effectively saying is no different than what has been said for the last 50 years – we must do it in the proper way, we must do it in an appropriate way, we must do it this way and we must do it that way and so on – but not in a way that will yield a tangible difference to the entire Indian community.
In the process of the interview, he lambasts Waythamoorthy- quote from Malaysiakini “We regret Waythamoorthy's inconsiderate action in circulating a pamphlet tarnishing the image of his own country at a conference with seditious remarks and unjustified statistics, plus a call to the Indian government to impose trade sanctions against Malaysia such as to stop importing palm oil from Malaysia,” said Eswaran. This, probably is Kenneth eswaran's main purpose of the Malaysiakini interview.
A little bit of research reveals exactly why he takes this “patriotic” approach. He heads a company called Multi Vest Resources Bhd (MVest) whose primary business interest is Palm Oil. He owns just over 28% of the shares. MVest has 4000 hectares of oil palm plantation in Malaysia and 75,000 hectares more coming up in Kalimantan.
He is also wrapped in this business with UMNOputras. If you look at the register of shareholders you won’t necessarily see the UMNOPutra shareholding, you will see significant nominee shareholding (this is a known device for concealing who the real shareholders are). His Board of Directors are made up of 3 Bumiputra Directors out of a total of 5 Directors listed on the website.
So you can see, he seems to be in one of those chrony type of relationship.
Waythamoorthy’s request to the Indian Diaspora and the Indian businesses and government to review their purchasing policy on palm oil is clearly detrimental to Kenneth Eswaran's personal interests, besides the interest of his UMNOPutras overlords – there you have it. The real issue is just that, his own petty interests. So he calls for this sweeping interview!!
The rest of it is just a masquerade. he really only wants to push his main point and to discredit Waythmoorthy who is hitting him and his overlords where it hurts most – at the money. Not so easy, Kenneth. Not so easy.
Kenneth, to take care of your interests you should instead be talking to the UMNOPutras to change their policies towards the minorities in the country.
That way the leaders of the minority and marginalized community do not need to go outside to seek help, to bring about the political will to do something positive about the marginalization problem. They do not need to hit at your interest.
You should not be telling us what we should and should not do, because we all now are awakening to how this problem has occurred and all the stuff you talk about in yoru interview is old nonsense we have discarded.
You should be looking at your overlords and talking to them to stop their apartheid like policies, stop their encroachment on the rights of the minorities.
You should be doing this if you truly really cared. You should try and facilitate the change that your overlords so badly need. You should not be lecturing us – we have had 50 years of that already. Read the writings on the wall - it is becoming increasingly obvious - that change is around the corner..You know what Kenneth, you sounded exactly like Samy Vellu in that interview, so anchronistic. You are so out of touch with the times. Look where all that lecturing got your dear friend Samy Vellu - next to the dustbin of history (the next stop I guarantee you is the dust bin of history itself - it is maybe months away). We are no more the docile Indians everyone used to paint us out to be. We will continue until we get what is our right, what is guaranteed by the constitution that our forefathers signed up to.
In your interview Kenneth Eswaran you go on to say that all these people who are claiming to be leaders of the Indian community are doing so only for their own petty interest.
I can speak for myself with certainty, I have no interest in doing what I am doing other than to get the truth out. I think most of the people out there who are speaking out at great risk are doing for much the same reason.
Our interest is to show up the treacherous lies of the last 50 years and lay bare to the people the types of people and policies that have cheated so many generations of Indians from a decent life.
In that process we seek a better life for all.
Do not try to belittle all of that just for your own petty interest.
We are only asking for what we should be rightfully getting. In your interview , you asked one of the reporters, how large a community the Indians are in Malaysia - 8 percent was the answer. Then what did you say in response -, we are only a small community - if the others get a dollar, we cannot also ask for a dollar.
Kenneth, you really take the Indians to be so stupid as not to be able to see the nonsense in your argument . is that what the Indians are asking for? Do the Indians get 8% of the national income, do they own 8% of the wealth of the country, do they have 8% employment in all fields, do they have 8% public university and skills training institutes enrolments in all courses offered, do they get 8% of all the contracts awarded by the government – where do they get what they should get. We don’t want a dollar for dollar, we want 8% of every dollar . That is what you call a dollar for a dollar in your silly argument.
Kenneth Eswaran, the President of MAICCI, you are beginning to play the role of a new Mandore now, just like Samy Vellu has been doing all these years. We do not need another Mandore. If you want to take care of your interest then get your overlords to effectively sue for peace with the marginalized Indian people.
You say there is a meeting coming up soon to discuss matters of interest to the Indian community, if you really cared, invite Waythamoorthy and Uthayakumar (you have such a close relationship with the UMNOputras) for the meeting and start a meaningful dialog – not one for appearance sake only. If you really cared, we challenge you to do that.
United we will stand and united we will act till we get what is our right.
For the vidoe interview I refer to in the piece above, go to http://www.malaysiakini.tv/video/16632
When a businessman comes out in the open and makes public statements on an issue of public interest in a rather controversial manner, there is a lot at stake for him. Given this, why is Kenneth Eswaran (who now goes by KK Eswaran) taking that risk, by projecting himself as a spokesman of sorts for the Indian community (though he vows that, that is not what he is trying to do).
If you look a little beyond his words, it is evident that he is taking a position that is totally against the interests of the vast majority of Indians in the country. A businessman is a businessman, he only cares for his own interests, but occasionally puts on a façade of speaking up for a community.
He talks about Tamil schools, he talks about youth training, he talks about petty traders interests. But what he is effectively saying is no different than what has been said for the last 50 years – we must do it in the proper way, we must do it in an appropriate way, we must do it this way and we must do it that way and so on – but not in a way that will yield a tangible difference to the entire Indian community.
In the process of the interview, he lambasts Waythamoorthy- quote from Malaysiakini “We regret Waythamoorthy's inconsiderate action in circulating a pamphlet tarnishing the image of his own country at a conference with seditious remarks and unjustified statistics, plus a call to the Indian government to impose trade sanctions against Malaysia such as to stop importing palm oil from Malaysia,” said Eswaran. This, probably is Kenneth eswaran's main purpose of the Malaysiakini interview.
A little bit of research reveals exactly why he takes this “patriotic” approach. He heads a company called Multi Vest Resources Bhd (MVest) whose primary business interest is Palm Oil. He owns just over 28% of the shares. MVest has 4000 hectares of oil palm plantation in Malaysia and 75,000 hectares more coming up in Kalimantan.
He is also wrapped in this business with UMNOputras. If you look at the register of shareholders you won’t necessarily see the UMNOPutra shareholding, you will see significant nominee shareholding (this is a known device for concealing who the real shareholders are). His Board of Directors are made up of 3 Bumiputra Directors out of a total of 5 Directors listed on the website.
So you can see, he seems to be in one of those chrony type of relationship.
Waythamoorthy’s request to the Indian Diaspora and the Indian businesses and government to review their purchasing policy on palm oil is clearly detrimental to Kenneth Eswaran's personal interests, besides the interest of his UMNOPutras overlords – there you have it. The real issue is just that, his own petty interests. So he calls for this sweeping interview!!
The rest of it is just a masquerade. he really only wants to push his main point and to discredit Waythmoorthy who is hitting him and his overlords where it hurts most – at the money. Not so easy, Kenneth. Not so easy.
Kenneth, to take care of your interests you should instead be talking to the UMNOPutras to change their policies towards the minorities in the country.
That way the leaders of the minority and marginalized community do not need to go outside to seek help, to bring about the political will to do something positive about the marginalization problem. They do not need to hit at your interest.
You should not be telling us what we should and should not do, because we all now are awakening to how this problem has occurred and all the stuff you talk about in yoru interview is old nonsense we have discarded.
You should be looking at your overlords and talking to them to stop their apartheid like policies, stop their encroachment on the rights of the minorities.
You should be doing this if you truly really cared. You should try and facilitate the change that your overlords so badly need. You should not be lecturing us – we have had 50 years of that already. Read the writings on the wall - it is becoming increasingly obvious - that change is around the corner..You know what Kenneth, you sounded exactly like Samy Vellu in that interview, so anchronistic. You are so out of touch with the times. Look where all that lecturing got your dear friend Samy Vellu - next to the dustbin of history (the next stop I guarantee you is the dust bin of history itself - it is maybe months away). We are no more the docile Indians everyone used to paint us out to be. We will continue until we get what is our right, what is guaranteed by the constitution that our forefathers signed up to.
In your interview Kenneth Eswaran you go on to say that all these people who are claiming to be leaders of the Indian community are doing so only for their own petty interest.
I can speak for myself with certainty, I have no interest in doing what I am doing other than to get the truth out. I think most of the people out there who are speaking out at great risk are doing for much the same reason.
Our interest is to show up the treacherous lies of the last 50 years and lay bare to the people the types of people and policies that have cheated so many generations of Indians from a decent life.
In that process we seek a better life for all.
Do not try to belittle all of that just for your own petty interest.
We are only asking for what we should be rightfully getting. In your interview , you asked one of the reporters, how large a community the Indians are in Malaysia - 8 percent was the answer. Then what did you say in response -, we are only a small community - if the others get a dollar, we cannot also ask for a dollar.
Kenneth, you really take the Indians to be so stupid as not to be able to see the nonsense in your argument . is that what the Indians are asking for? Do the Indians get 8% of the national income, do they own 8% of the wealth of the country, do they have 8% employment in all fields, do they have 8% public university and skills training institutes enrolments in all courses offered, do they get 8% of all the contracts awarded by the government – where do they get what they should get. We don’t want a dollar for dollar, we want 8% of every dollar . That is what you call a dollar for a dollar in your silly argument.
Kenneth Eswaran, the President of MAICCI, you are beginning to play the role of a new Mandore now, just like Samy Vellu has been doing all these years. We do not need another Mandore. If you want to take care of your interest then get your overlords to effectively sue for peace with the marginalized Indian people.
You say there is a meeting coming up soon to discuss matters of interest to the Indian community, if you really cared, invite Waythamoorthy and Uthayakumar (you have such a close relationship with the UMNOputras) for the meeting and start a meaningful dialog – not one for appearance sake only. If you really cared, we challenge you to do that.
United we will stand and united we will act till we get what is our right.
For the vidoe interview I refer to in the piece above, go to http://www.malaysiakini.tv/video/16632
RPK speaks ...... maybe for the last time
This country needs major political, economic and social reforms. The next two years are going to be most trying years indeed. And expect a snap general election within 18 months of Najib taking over if he does take over on 1 April 2009.
Tomorrow, I will probably be detained under the Internal Security Act. Anyhow, before we talk about that, let me start by giving you my prediction for the two by-elections scheduled for early April.In 2004, BN won the Bukit Selambau state seat with a majority of 7,695 votes and in 2008 they lost it with a majority of 2,362 votes. (See the chart below). In the coming by-election, I forecast a voter turnout of around 26,000 and a majority of 3,500-4,500 for the opposition.
For the Bukit Gantang parliament seat, in 2004 Barisan Nasional won with a majority of 8,888 and in 2008 it lost with a majority of 1,566. (See chart below). This time around, the voter turnout will be roughly 42,000 and the opposition will win that seat with a majority of 5,000-8,000 votes.
Okay, I am forecasting this even before I know who the candidates are. Well, I have no choice. On Tuesday, 17 February 2009, the Federal Court is due to hear the appeal against my release from Internal Security Act detention and I really do not know what the outcome is going to be. Chances are, I have but 24 hours left as a free man and if I do not write this article today I never will.
On 7 November 2008, the Shah Alam High Court ordered my release from detention. The government has appealed this decision although it did not see the need to appeal the decision of the Shah Alam High Court acquitting Abdul Razak Baginda of the charge of murder without his defence being called.
I was in court last week to witness the performance of the three judges and what I saw did not give me much confidence. First of all, we asked for a quorum of seven judges, or at least five. But the court turned us down and fixed a quorum of only three judges. And two of the three judges appear to be hostile towards us from the word ‘go’. It looks like my fate has been sealed even before the case goes to court.
Anyway, I know for a fact that it was not Prime Minister Abdullah Ahmad Badawi who ordered my detention. He was not even aware I had been detained. The order came from Deputy Prime Minister Najib Tun Razak and since I am bent on making sure he never becomes Prime Minister on 1 April 2009 I really do not blame him for wanting to get me out of the way.
My friends and family want me to leave the country and to seek political asylum in another country. They feel I can still continue with the struggle in a foreign land. But I am against that as much as my wife pleads that I consider this. I am no quitter and I do not run. I shall stay and fight till the very end even if that is the last thing I do.
If I have to lose my freedom so be it. That is the price we pay for opposing the powers-that-be. But I shall not go quietly or make any deals to secure my release with those who walk in the corridors of power.
I was given an option. Take the money and become rich or go to jail. I refused the money and instead chose jail. This is my choice and no one can convince me to do otherwise. No doubt I will have to pay for this and it will be a heavy price that I shall have to pay. But this is the price of the struggle and the price does not come cheap.
I shall not submit. I shall resist till the end. I stand on right and I oppose what is wrong. Amar makruf, nahi munkar, as Islam would say. We must uphold right and oppose wrong. That is not only the Islamic way but also the way of all religions. And even atheists believe in this, so you need not believe in God to subscribe to the concept of amar makruf, nahi munkar.
Over thousands of years countless people have met their deaths just because they stood on the side of right. What I have chosen to do has been done by so many who are now nameless and faceless. So it is nothing so special that I do which has not been done before.
My resistance will continue. But I will have to continue my resistance behind the barbwire fences of the Kamunting Detention Centre. It will now be up to you, those who are free, to continue where I left off.
My resistance, however, will have to take on a new form. I will no longer be able to write or speak at ceramahs. My voice has now been silenced. But I can still speak the words of silence, which will be my new form of resistance.
I shall no longer open my mouth or utter one word during my detention. I shall maintain the silence of a mute person. I shall not sign any documents of the so many documents that they make you sign when under detention. My signature is not going to be placed on a single shred of paper.
By doing so would mean none of my family members or lawyers would have access to me. Yes, that is the price I shall pay for ‘not cooperating’. I know this and I am prepared for it.
I shall refuse all medical treatment and visits to the hospital. I shall refuse to accept any food and water supplied by the Kamunting authorities. I shall refuse to leave my cell or to meet any of the prison authorities. In short, I shall shut myself out from the world and keep to my own world of my eight feet square cell.
This action will mean I shall survive at the most seven to eight days. By the end of that period I shall be dead. I am prepared for that. They plan to imprison my body for the rest of my life. But I shall release my spirit from my body and will again be free. They can keep my body and they can do whatever they want with it. But they will never be able to keep my spirit. I shall separate my spirit from my body and deny them the pleasure of incarcerating me.
This is a decision I have taken and no one can make me change my mind. And this is probably the last article of mine that you shall read if they send me to Kamunting tomorrow. Keep the struggle going. I shall no longer be able to join you in that struggle. The work is far from finished. This country needs major political, economic and social reforms. The next two years are going to be most trying years indeed. And expect a snap general election within 18 months of Najib taking over if he does take over on 1 April 2009.
I lay down my life for this nation of ours called Malaysia. I will sacrifice myself for the sake of the struggle. There is very little left I can give at this point of time other than my life. For those who stood by me all these years, I thank you from the bottom of my heart. I go with a heavy heart. But my heart is heavy only because I have but one life to give.
Death is not the end. Death is but the beginning. It is the beginning of a new journey that none of us can escape and will one day embark upon. It is not something to be sad about. It is something to rejoice.
Please continue your struggle to make Malaysia a better place for our future generation. This country belongs to them and it is for them that we struggle. For some of us, our time is already almost up. We do not have many years left. Many have gone before us. Many friends who started out with us in 1998 are no longer around. But they left this world in the hope that one day Malaysia will be the country that we dream it would be. And that, too, must be our dream.
I pray and hope that the Putrajaya Federal Court will uphold the decision of the Shah Alam High Court to free me from ISA detention. But if it reverses that decision then we must be prepared for that as well. And if the Federal Court does what I fear it will do, goodbye Malaysians, my comrade-in-arms. We shall meet again, one day, although not in this world but the next.
Raja Petra Kamaruddin
Tomorrow, I will probably be detained under the Internal Security Act. Anyhow, before we talk about that, let me start by giving you my prediction for the two by-elections scheduled for early April.In 2004, BN won the Bukit Selambau state seat with a majority of 7,695 votes and in 2008 they lost it with a majority of 2,362 votes. (See the chart below). In the coming by-election, I forecast a voter turnout of around 26,000 and a majority of 3,500-4,500 for the opposition.
For the Bukit Gantang parliament seat, in 2004 Barisan Nasional won with a majority of 8,888 and in 2008 it lost with a majority of 1,566. (See chart below). This time around, the voter turnout will be roughly 42,000 and the opposition will win that seat with a majority of 5,000-8,000 votes.
Okay, I am forecasting this even before I know who the candidates are. Well, I have no choice. On Tuesday, 17 February 2009, the Federal Court is due to hear the appeal against my release from Internal Security Act detention and I really do not know what the outcome is going to be. Chances are, I have but 24 hours left as a free man and if I do not write this article today I never will.
On 7 November 2008, the Shah Alam High Court ordered my release from detention. The government has appealed this decision although it did not see the need to appeal the decision of the Shah Alam High Court acquitting Abdul Razak Baginda of the charge of murder without his defence being called.
I was in court last week to witness the performance of the three judges and what I saw did not give me much confidence. First of all, we asked for a quorum of seven judges, or at least five. But the court turned us down and fixed a quorum of only three judges. And two of the three judges appear to be hostile towards us from the word ‘go’. It looks like my fate has been sealed even before the case goes to court.
Anyway, I know for a fact that it was not Prime Minister Abdullah Ahmad Badawi who ordered my detention. He was not even aware I had been detained. The order came from Deputy Prime Minister Najib Tun Razak and since I am bent on making sure he never becomes Prime Minister on 1 April 2009 I really do not blame him for wanting to get me out of the way.
My friends and family want me to leave the country and to seek political asylum in another country. They feel I can still continue with the struggle in a foreign land. But I am against that as much as my wife pleads that I consider this. I am no quitter and I do not run. I shall stay and fight till the very end even if that is the last thing I do.
If I have to lose my freedom so be it. That is the price we pay for opposing the powers-that-be. But I shall not go quietly or make any deals to secure my release with those who walk in the corridors of power.
I was given an option. Take the money and become rich or go to jail. I refused the money and instead chose jail. This is my choice and no one can convince me to do otherwise. No doubt I will have to pay for this and it will be a heavy price that I shall have to pay. But this is the price of the struggle and the price does not come cheap.
I shall not submit. I shall resist till the end. I stand on right and I oppose what is wrong. Amar makruf, nahi munkar, as Islam would say. We must uphold right and oppose wrong. That is not only the Islamic way but also the way of all religions. And even atheists believe in this, so you need not believe in God to subscribe to the concept of amar makruf, nahi munkar.
Over thousands of years countless people have met their deaths just because they stood on the side of right. What I have chosen to do has been done by so many who are now nameless and faceless. So it is nothing so special that I do which has not been done before.
My resistance will continue. But I will have to continue my resistance behind the barbwire fences of the Kamunting Detention Centre. It will now be up to you, those who are free, to continue where I left off.
My resistance, however, will have to take on a new form. I will no longer be able to write or speak at ceramahs. My voice has now been silenced. But I can still speak the words of silence, which will be my new form of resistance.
I shall no longer open my mouth or utter one word during my detention. I shall maintain the silence of a mute person. I shall not sign any documents of the so many documents that they make you sign when under detention. My signature is not going to be placed on a single shred of paper.
By doing so would mean none of my family members or lawyers would have access to me. Yes, that is the price I shall pay for ‘not cooperating’. I know this and I am prepared for it.
I shall refuse all medical treatment and visits to the hospital. I shall refuse to accept any food and water supplied by the Kamunting authorities. I shall refuse to leave my cell or to meet any of the prison authorities. In short, I shall shut myself out from the world and keep to my own world of my eight feet square cell.
This action will mean I shall survive at the most seven to eight days. By the end of that period I shall be dead. I am prepared for that. They plan to imprison my body for the rest of my life. But I shall release my spirit from my body and will again be free. They can keep my body and they can do whatever they want with it. But they will never be able to keep my spirit. I shall separate my spirit from my body and deny them the pleasure of incarcerating me.
This is a decision I have taken and no one can make me change my mind. And this is probably the last article of mine that you shall read if they send me to Kamunting tomorrow. Keep the struggle going. I shall no longer be able to join you in that struggle. The work is far from finished. This country needs major political, economic and social reforms. The next two years are going to be most trying years indeed. And expect a snap general election within 18 months of Najib taking over if he does take over on 1 April 2009.
I lay down my life for this nation of ours called Malaysia. I will sacrifice myself for the sake of the struggle. There is very little left I can give at this point of time other than my life. For those who stood by me all these years, I thank you from the bottom of my heart. I go with a heavy heart. But my heart is heavy only because I have but one life to give.
Death is not the end. Death is but the beginning. It is the beginning of a new journey that none of us can escape and will one day embark upon. It is not something to be sad about. It is something to rejoice.
Please continue your struggle to make Malaysia a better place for our future generation. This country belongs to them and it is for them that we struggle. For some of us, our time is already almost up. We do not have many years left. Many have gone before us. Many friends who started out with us in 1998 are no longer around. But they left this world in the hope that one day Malaysia will be the country that we dream it would be. And that, too, must be our dream.
I pray and hope that the Putrajaya Federal Court will uphold the decision of the Shah Alam High Court to free me from ISA detention. But if it reverses that decision then we must be prepared for that as well. And if the Federal Court does what I fear it will do, goodbye Malaysians, my comrade-in-arms. We shall meet again, one day, although not in this world but the next.
Raja Petra Kamaruddin
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