Thesun 2009-01-30 Page14 Doing Right By Detainees

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theSun

| FRIDAY JANUARY 30 2009

speak up!

Doing right by detainees SO, we have reached another milestone. If my maths does not fail me, A. Kugan marks the 126th lock-up death in this country over the last 10 years. Such figures are hard to come by as the government had not issued the numbers since 2003 but I hope Suhakam at least will compile them into its annual report which is tabled in Parliament but never debated. While concrete evidence of police brutality is inconclusive and in this case it is for the court to decide, the overwhelming cases of people dying under the care of the men in blue seems to only point to one conclusion – abuse; and this is why Kugan’s death is probably the straw that breaks the camel’s back. Having said that, while it is understood that emotions are high, one has to take heed of Home Minister Datuk Seri Syed Hamid Albar’s advice – not to make heroes out of criminals, nor demons out of the police. Of course, the good minister meant this in general terms. Kugan did not get the trial he is entitled to and we will never know if indeed he was a criminal. But his death is nonetheless intriguing. Was he a small-time thief? Was he a random crook who had the misfortune of

being roughed up Kugan has been tried excessively during and executed without interrogation? Was due process. he beaten up by felIt is also high time low inmates? Quite one revisits the Interpossible, judging by national Convention Suhakam’s report of Against Torture overcrowding in cells. which Malaysia has Or could he have refused to ratify, as been an innocent well as the events that bystander – at the led to the shelving of wrong place at the the Independent PoDown2Earth wrong time? These lice Complaints and by Terence Fernandez questions can only be Misconduct Commisanswered at the imsion (IPCMC). pending trial and to Even Prime Minissay anything else will be putting ter Datuk Seri Abdullah Ahmad the cart before the horse. Badawi told us of the vehement It is learnt that about seven resistance of the police towards policemen from various ethnic the setting up of the IPCMC – rebackgrounds could be facing sulting in a toned down version charges over Kugan’s death. of the commission which now If they are convicted, then encompasses all government it will be good for the force to agencies. And a word of advice purge itself of those who had to everyone: let’s leave race out sullied the name of the Royal of it. Yes, a large number of deMalaysian Police. In any case, tention deaths involve Indians. there must be some form of jusBut there have been detainees tice – even if murder cannot be of other ethnic backgrounds too proven. As a detainee, the police who have met their end while and, in general, the government in custody. And let’s not forget had a duty of care to ensure that about the 1,300 immigrants who Kugan’s welfare was protected. have died in detention in the Here, they failed miserably in last seven years. Who speaks for their responsibilities. At the them? end of the day, he was merely a A death is a death. A killing suspect but due to callous treatis a killing. Colour of skin is imment, in the eyes of the public, material. What if among those

charged with Kugan’s death are Indians too? Then what? Where would those who accuse the police of victimising members of a certain community hide their faces? Or will there be accusations that the suspects are being made fall guys to defuse the already tense situation which is taking on racial undertones? Please, let us not be waylaid by those who are using race to pull wool over our eyes to the crux of the issue. Apart from Kugan, the image of the police force has also taken a severe beating. It is time to put an end to this shameful culture of lock-up abuses and deaths. It starts with political will and the backbone of our leaders to dictate to the police on how they should conduct themselves. While we are ever ready to galvanise public outcry and the government machinery to the horrors inflicted on the Palestinians, so too we should be horrified and reactive when such atrocities are committed in our backyard against our own people. Terence is deputy editor (special reports & investigations) and is reachable at terence@thesundaily. com

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More power to greening Perak

No need for Kelau Dam

I WAS overjoyed to read “Perak launches aggressive eco-campaign” (Jan 28). This is one promise I hope the state government, with the help of God and the goodwill of the people, will be able to keep. It is true that with planning and consideration, trees can easily be saved, and their use to humans far outweigh the extra cost incurred in saving them. In a warm country like Malaysia, trees provide cooling breezes that freshen both body and mind. The beauty of majestic trees in their soothing shades of green has a relaxing effect on humans. We would be justified to conclude that people who live in a place with abundant trees and flowers, are less likely to experience stress, anger and moodiness. Green is also traditionally the colour of hope; as long as there is a tree to lean on and rest under, we have hope that tomorrow will be a better day. As Ipoh councillor Nga Kor Ming has underlined, “the state government expects active public participation”, as the government alone cannot make a success of a law, no matter how beneficial the law. The government, however, should not expect that a “care

THE decision to make the EIA (environmental impact assessment) for the Pahang-Selangor Raw Water Transfer Project available to the public has helped to bring clarity to this issue with respect to need for the project. For Selangor and Kuala Lumpur, the project proponents anticipated a population of 12,829,115 in 2020. The National Physical Plan forecasts a population of only 8,850,100. In 2005, the population of Selangor and KL was about 6,000,000. That year the average daily amount of water supplied was 3,700 MLD (million litres per day). This figure includes consumption in the domestic and industry sectors as well as non-revenue water (NRW), and these are shown separately in the table below. The amount available on completion of the Sungai Selangor Phase 3 was 4,350 MLD. In 2005, NRW was 42% and Syabas reduced it to 37% in 2006 and appears to be on track to reduce this to 15 % by 2015. The water scenarios for 2005 and 2020 are compared in the following table with no additional increase in supply.

for nature” attitude would instinctively arise from the people. Rather than give in to frustration if citizens appear not to cooperate, the leaders should take steps to nurture the inherent love of beauty and balance mankind is born with. You must tell people why trees are beneficial and how much is gained by keeping them standing. People become more responsive and willing to cooperate when they know what is in it for them. Like all other types of education, green education is better imparted from young. Schools should include ‘’tree” and “greening” awareness in co-curriculum activities. Since greening goes hand in hand with cleaning, this would also be the perfect setting to go after the benefits of an environment which is both green and clean. And what about a museum of trees? It could showcase different types of trees, especially those native to Perak, while illustrating their history, habitat and function in the eco-system. It would be a science resource as well as a tourist attraction. Indeed with trees, the possibilities are endless.

2005

2020

Population Water Supplied (MLD) NRW Supply less NRW (MLD) Domestic use (MLD) Industry use (MLD) Av. Domestic use (LPD)

6,000,000 3,700 42% 2,146 1,395 751 232

8,850,100 3,700 15% 3,145 2,044 1,101 231

Marisa Demori Ipoh

in writing. The firm did not bother me after its deadline for defence submission on Jan 5. I was told that although the firm had not filed its defence, it could still do so before the next hearing date on Feb 4. I thought the rules were clear: if the defendant fails to file its defence by the deadline, default judgment would be awarded to me. But in this case the defendant was allowed to submit a defence after the deadline on Jan 5. I now have to go to the tribunal again on Feb 4. So, fellow disgruntled consumers, I hope you have better luck.

With existing levels of supply in 2020, the figures above show that we will have enough water after allowing for an increase of 47% in both the domestic and industry sectors, consistent with the growth in population. Given that current levels of domestic use per person are excessive, the implementation of a Water Demand Management Plan could aim to achieve a reduction in domestic use per person of 20% by 2020. This modest achievement will bring the domestic level of use to 185 LPD (litres per person per day) which will still be above the UN benchmark of 165 LPD and that of a number of developed countries. Likewise, if the industry sector observes water demand management, there would be plenty more water made available to accommodate further population and economic growth. In the light of this analysis, the Pahang-Selangor Raw Water Transfer Project appears to be a RM9 billion white elephant in the making. The authorities must explain the rationale for the project if they still plan to execute it.

Weakened Consumer Kuala Lumpur

JC Tansen Petaling Jaya

Consumer claims poser I WENT to a Consumer Claims Tribunal hearing on Jan 28 but was disappointed to learn on registration that there was an adjournment. I was told that a letter, which I did not receive, was sent to inform me. Apparently the defendant, a cosmetics firm, had requested for an adjournment. I had filed a claim against the firm last November over its products after it had turned down a request for a refund. After filing the claim, the firm harassed me to retract the claim and offered to settle out of court. However, there was a catch, they would only send my claim to their head office in Singapore once the case had been retracted. They refused to give me any assurance

Year