Speech (2) by Lim Kit Siang at the DAP Taman Housing Trust dinner/ceramah at Sun Lee How Fook Restaurant, Ipoh on Sunday, 24^th July 2011 at 9pm: 

PSM6 – Malaysian police practicing “Arrest first, find the charges later” tactics

Let more and more Malaysians wear yellow on Saturdays to send a loud, clear and unmistakable message to the Prime Minister, Datuk Seri Najib Razak, the Barisan Nasional Cabinet and government of ever-rising crescendo of swelling public support not only for Bersih 2.0’s eight demands for free and fair elections, but also for a Clean Malaysia where there is an end to the rampant corruption, abuses of power, injustices and gross human rights violations present today.

The blemishes today why we do not have a Clean Malaysia include the gross abuses of power evident in the high-handed police actions against the peaceful Bersih 2.0 rally on July 9 for free and fair elections; the unwarranted, unjustifiable and unprovoked firing of tear gas and chemically-laced water cannons against the peaceful public; arbitrary arrest of some 2,000 people; spewing of racist threats; attempt to create ethnic and religious tensions including the raising the May 13 spectre and the unjustifiable lock-down of Kuala Lumpur creating infernal traffic jams before and on the day of the rally.

Such high-handed and arbitrary police actions are still going on more than a forthnight after the 709 peaceful Bersih 2.0 rally – proven by the continued unjust, unjustified and unwarranted detention of the PSM6, including Sungei Siput MP Dr. Michael Jeyakumar.

Jeyakumar and five others have been detained under the Emergency Ordinance since July 2 after initially being arrested on June 25 with two dozen other PSM members under Section 122 of the Penal Code for allegedly “waging war against the Agong” and trying to revive communism.

Section 122 of the Penal Code states: “Whoever collects or attempts to collect men, arms or ammunition, or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Yang di-Pertuan Agong or any of the Rulers or the Yang di-Pertua Negeri or abets the waging or the preparation of such war, shall be punished with imprisonment for life or imprisonment for a term not exceeding twenty years, and shall also be liable to fine.”

This is a heinous offence - waging war against the Yang di Pertuan Agong, liable on conviction to life imprisonment.

But who would believe that Jeyakumar and the other 29 PSM activists originally arrested on June 25 had been guilty of the heinous crime of “waging war against the Agong”?

The answer is none at all – not even the police and the home ministry which is why after the seven-day remand of the 30 PSM activists, no one whether from the Police or the Home Minister Datuk Seri Hishammuddin Hussein breathed a word about the heinous crime of “waging war against the Agong” and “reviving communism” as the charges are so ridiculous and unbelievable as the raise serious questions about the right and sanity of a government capable of such fantasies to rule the country.

Malaysians are entitled to ask who are the officers or politicians who had been so “creative” as to concoct the heinous charge of Section 122 of Penal Code of “waging war against the Agong” against the PSM activists in the first instance. These persons responsible for such ridiculous charges should be publicly exposed and punished for a most gross abuses of power.

The PSM six headed by Jeyakumar have been detained under the EO for 22 days after the end of their seven-day remand on July 2 on the ridiculous charge of “waging war against the Agong”.

The 42-year EO is an obsolete law which violates democratic norms and fundamental human rights and should have been repealed five years ago if the Barisan Nasional Government had accepted the recommendations of the Dzaiddin-Hanif Police Royal Commission Report to create an efficient, incorruptible, professional world-class police service.

The Dzaiddin-Hanif Royal Commission chaired by former Chief Justice Tun Dzaiddin with former Inspector-General of Police Tun Haniff as deputy chairman made 125 recommendations with the specific mission change for the Royal Malaysian Police to focus on three core functions - to reduce crime, eradicate corruption and uphold human rights.

It recommended that by May 2006, the Emergency (Public Order and Prevention of Crime) Ordinance 1969 (the law under which PSM6 are detained) should be repealed “because it has outlived its purpose and in some instances facilitated the abuse of some fundamental liberties”.

The detention of PSM6 under EO (i.e. EPOPCO) is the latest illustration of what the Dzaiddin-Haniff Royal Commission had warned six years ago that EO would “facilitate the abuse of some fundamental liberties”.

It is clear from the initial arrests of PSM30 on the ludicrous charge of “waging war against the Agong” (Sec 122 of Penal Code”) to the subsequent detention of the PSM6 under EO, the Malaysian Police were guilty of practicing the deplorable tactics of “Arrest first, find the charges later”.

This is totally against the spirit of the rule of law, as the Police is betraying its role as the upholder of the rule of law by abusing its powers to “arrest first, find the charges later”.

The PSM6 were accused of being “prime movers” of 709 Bersih 2.0 rally, which have been proved totally false.

Without the PSM6, the 709 Bersih 2.0 rally had been such a great success that it has become a historic watershed in the awakening of Malaysians that regardless of race, religion, region, class, gender and age, they are truly one Malaysian people with the united bond of love for country and common aspiration for fair and free elections and a Clean Malaysia – more meaningful than Najib’s 1Malaysia slogan which is nothing more than 1Malaysia T-shirt, Malaysia Tupperware, 1Malaysia mineral water, 1Malaysia burger in the 1Malaysia circus.

If the Barisan Nasional Government refuses to heed public opinion to immediately and unconditionally release the PSM6, then let Malaysians wear yellow every Saturday to send their disapproval and censure loud and clear to Najib, the Cabinet and all Barisan Nasional leaders until the PSM6 are restored their personal liberty.

*Lim Kit Siang, DAP Parliamentary Leader & MP for Ipoh Timor