DEPUTY IGP ORDERS GAY PROBE
Rahman Daros

KUALA LUMPUR: Top cops in charge of police districts and stations in the Klang Valley have been ordered to check old records after a gay Malaysian man seeking refugee status in Canada claimed physical and sexual abuse under police detention five years ago.

The order came from Bukit Aman, a day after The Malay Mail frontpaged (on March 14) the allegation by Kulenthiran Amirthalingan at a Press conference in Ottawa on March 5, in which he appealed to the Canadian government to stay his March 6 deportation order to Malaysia.

The asylum-seeker, who has been in Montreal since 2003, begged the Canadian government to let him stay in Canada as he feared he could become a target of authorities here.

Sources told Weekend Mail that police at district levels have begun poring through old fi les since March 14, adding that Kulenthiran’s allegation could be linked to an old case in Selangor where a man was beaten up by an assailant claiming to be a policeman. It could not be determined which station the incident had occurred.

It is learnt that the search for the old cases will continue as there could be similar cases in other stations as well.

Deputy Inspector-General of Police (IGP) Datuk Ismail Omar, when contacted on Thursday, confi rmed the order but declined to elaborate, saying that investigations were ongoing.

On March 14, The Malay Mail reported that Kulenthiran had fi led a lastditch appeal with Canadian Immigration Minister Diane Finley, asking her to stay the March 6 deportation order to Malaysia as he feared persecution since he was gay.

At the news conference, which was also attended by New Democrat MP Thomas Mulcair, to request Finley’s intervention, Kulenthiran said: “I will be deported back to Malaysia, and I fear my imprisonment, so I would like to ask Miss Finley to let me stay in Canada.” Kulenthiran had also said that he feared for his life if he were to be sent back to Kuala Lumpur, where he claimed to have experienced discrimination, harassment and abuse for being gay.

He had applied for the refugee status on humanitarian grounds, claiming that his life was in danger because his homosexuality had made him a target of Malaysian police who detained him for fi ve days and abused him, physically and sexually. He claimed that he had been punched and pushed to the fl oor to force him to admit that he was gay.

In The Malay Mail report on Monday, IGP Tan Sri Musa Hassan questioned Kulenthiran’s motive in making the allegations as police did not simply arrest anyone unless an offence was committed.

“What was his offence (that led to his arrest)? That’s just it, if he did not commit any, how could the police arrest him?” he was quoted as saying.

Ismail, in echoing the sentiment, had expressed sadness that such accusations were hurled at the police.

He also said police would investigate Kulenthiran’s case and issue a statement once they had obtained details of the case.

The allegation also prompted PT Foundation chairman, Hisham Hussein, to question the allegations.

“We have not heard of any persecution of homosexuals in Malaysia,” he was quoted as saying in The Malay Mail on the same day.

Previously known as Pink Triangle Sdn Bhd, PT Foundation is a communitybased, voluntary, non-profi t organisation providing HIV/AIDS education, prevention, care and support programmes, sexuality awareness and empowerment programmes for vulnerable communities in Malaysia, including homosexual men.

Hisham said: “Of course, we do have laws against sodomy in the country, but it’s diffi cult to understand what exactly this person mean by persecution.

“Persecution seems to give the impression that it’s State-sanctioned action against someone because of their sexuality. To my knowledge, this doesn’t happen here.”

Parents of 18 to be charged
NST Online
2007/11/13
By : Alang Bendahara

Tan Sri Musa Hassan warns against organising another rally this month

KUALA LUMPUR: The parents of 18 children detained in Saturday's illegal rally will be charged with endangering their children.

The children were allegedly used as shields to prevent police from firing tear gas and water at the demonstrators who refused to disperse.

Inspector-General of Police Tan Sri Musa Hassan said he had ordered his men to act against the parents.

"The parents were exploiting the children," Musa said, adding that the investigations were being carried out under the Child Protection Act.

"It was an irresponsible act and wrong of the adults to bring children to the rally.
"They knew the rally was illegal and police would act, yet they placed the children in danger."

Musa said fortunately none of the children, who were taken to the city police headquarters, was hurt.

The IGP also defended his men's actions.

"It was an illegal assembly which went ahead despite our repeated advice against holding it. We urged the demonstrators to disperse but the crowd turned unruly."

He said the protesters disrupted traffic and made a nuisance of themselves.

"That was when we moved in."

On the numerous roadblocks, Musa said they had to screen those entering the city.

"We needed to filter any undesirable elements and check for weapons and arms.

"We had no choice as public safety was paramount."

Traffic came to a standstill across the capital as police cordoned off Dataran Merdeka, closed train stations and restricted or diverted vehicles from the city centre.

He said the parties involved in the rally should have resorted to other means to address their grouses.

"Why not do it through dialogue instead of a rally?"

He advised opposition parties against organising another rally scheduled for later this month.

It was reported yesterday that at least 18 children were detained by police along with their parents for failing to disperse on Saturday.

A 6-year-old was picked up along with her parents. The number of detainees was 245. Their ages were between 6 and 55. They were released after their statements were taken.

They are being investigated for taking part in an illegal assembly and face a jail sentence of not more than one year, and fine of between RM2,000 and RM10,000, upon conviction.

Musa said more arrests are expected in the next few days.

A coalition of opposition parties and non-governmental organisations, calling itself Bersih, had organised the rally estimated by police at 10,000, to deliver an election reform petition to the Yang di-Pertuan Agong.

The king, Tuanku Mizan Zainal Abidin, was away in Terengganu but a palace official

Police definition of 'solved' should include a conviction
Loh Cheng Kooi
Mar 23, 07 4:15pm

The Women's Centre for Change Penang (WCC) congratulates the Royal Malaysian Police for surpassing Interpol targets in the solving of crimes as recently reported in the media. According to Federal CID director Christopher Wan Soo Kee, police solved close to 90 percent of the 4,458 rape and molestation cases reported last year and in 2005.

However, we need to sound a note of caution. The definition of 'solved' can be misleading. As far as the police are concerned, what is considered solved includes instances where the accused is identified (regardless of whether he/she is being detained, still at large or has died), where the accused is caught red-handed and where there is solid evidence against the accused.

We therefore need to understand that 'solved' does not necessarily mean that the perpetrator has been convicted by the courts. We are currently undertaking a European Union-funded project looking at sexual crimes in Penang. Based on a preliminary analysis of 439 court cases of sexual crimes (including rape, incest and molestation), one third of the defendants pleaded guilty.

Out of the two-thirds who did not plead guilty, only 12 were found guilty. That amounts to an alarmingly low 4 percent conviction rate in contested cases and an overall conviction rate of 34 percent.

For victims of sexual crimes, access to justice is not within easy reach. Firstly, many victims do not make police reports for many reasons including shame and trauma. Studies suggests that only 1 in 10 rapes are reported. Secondly, of those cases reported, only a small percentage will get to court even though the police have 'solved' these cases. Thirdly, of those 'solved' cases which go to court, our study shows that the conviction rate is indeed appallingly low.

We have a long way to go before victims of sexual crimes obtain justice. The police are part of the bigger picture of the criminal justice system in Malaysia which also includes the courts and the prosecutors. How the different parts of our criminal justice system work, how supportive agencies are to receiving reports, what resources are available to investigations, what influences decisions to prosecute and what happens in courtrooms will determine the ultimate dispensation of justice for the victims.

As the Royal Malaysian Police commemorates their 200th anniversary, WCC urges further strengthening and professionalism within the police
force so that the 'solving' cases will one day include convicting perpetrators for their crimes.

The writer is executive director, Women's Centre for Change. Penang.