(APPELLATE JURISDICTION)
FEDERAL
COURT (APPELLATE JURISDICTION) NO.
(WILAYAH PERSEKUTUAN CRIMINAL APPLICATION NO. 44-15-2001)
1. MOHD EZAM BIN MOHD NOR APPLICANT/APPELLANT
AGAINST
INSPECTOR GENERAL OF POLICE RESPONDENT
FEDERAL
COURT (APPELLATE JURISDICTION) NO.
(WILAYAH PERSEKUTUAN CRIMINAL APPLICATION NO. 44-16-2001)
2.
RAJA
RAJA KAMARUDIN APPLICANT/APPELLANT
AGAINST
INSPECTOR GENERAL OF POLICE RESPONDENT
FEDERAL
COURT (APPELLATE JURISDICTION) NO.
(WILAYAH PERSEKUTUAN CRIMINAL APPLICATION NO. 44-17-2001)
3. CHUA TIAN CHANG APPLICANT/APPELLANT
AGAINST
INSPECTOR GENERAL OF POLICE RESPONDENT
FEDERAL
COURT (APPELLATE JURISDICTION) NO.
(WILAYAH PERSEKUTUAN CRIMINAL APPLICATION NO. 44-18-2001)
4. HISHAMUDIN BIN RAIS APPLICANT/APPELLANT
AGAINST
INSPECTOR GENERAL OF POLICE RESPONDENT
FEDERAL
COURT (APPELLATE JURISDICTION) NO.
(WILAYAH PERSEKUTUAN CRIMINAL APPLICATION NO. 44-19-2001)
5. SAARI BIN SUNGIB APPLICANT/APPELLANT
AGAINST
INSPECTOR GENERAL OF POLICE RESPONDENT
AFFIDAVIT
I, Abdul Ghani bin Haroon [NRIC No: 650124-07-5181] a Malaysian citizen of full age and residing at Lot 218, Kampung Baru, Air Merah, 90000 Kulim, Kedah Darul Aman do hereby solemnly affirm and state as follows:-
1. I am one of the detainees detained by the police under the Internal Security Act 1960 [ISA] on or about the month of April 2001.
2. Unless otherwise stated, the facts deposed herein are within my personal knowledge.
3. I worked as a contractor before I was arrested. I am married to Roslijah Binti S. Syed and have 5 children, namely;
3.1 Nursyifa Atikah – 14 years;
3.2 Nursyafinaz Atikah – 11 years:
3.3 Muhammad Adam Syawal – 8 years:
3.4 Nursyafiyah Atiqah – 7 years; and
3.5 Abdul Rahman Danial – 5 years.
My wife is not employed and is a homemaker.
4.
I was arrested on
4.1 In relation to my statements above, I further refer to the Affidavit affirmed by ASP Joseph Chong Ah Joe [“ASP Joseph above”] on 20-4-2001 and filed in Criminal Application No.: 44-9-2001 in the High Court of Shah Alam, specifically to paragraph 7 of the said Affidavit and deny that I was informed by ASP Joseph of the grounds of my arrest.
5. Thereafter, ASP Joseph took me to a police station which I suspected was the IPK because I was not told, and I was taken to a waiting room. At that time I heard ASP Joseph together with the other officers communicating amongst themselves and their superior. I asked what they were conferring on and they told me that they were awaiting instructions which I suspected was from Bukit Aman. About 10 minutes thereafter I was taken out again in a white Proton Wira. I do not remember the particulars of the number plate of the car.
6. I was taken around Kuching city in that car for about 25 minutes and taken back to the said IPK. During the drive, I was accompanied by 4 police officers in plain clothes. I asked “mahu ke mana” and they replied “you ikut sahaja” and thereafter they kept quiet.
7. When we arrived at the IPK I said to them in the car that the place looked like the same police station but they just kept quiet.
8. I was taken to a room which I suspected was used for interrogation. There all my personal belongings were recorded and confiscated. The personal belongings that were recorded and taken by the police included a luggage bag, a hand phone, wallet, travel documents. All these were carried out by ASP Joseph and his 3 colleagues. When asked the names of ASP Joseph’s colleagues, they did not want to divulge the information to me.
9.
At about
10. In the lock-up I was only allowed to wear my under pants. I was alone in the lock- up and I was not allowed to socialize with anyone.
11.
At about
12. I was removed from the lock-up and was allowed to wear clothes and my hands were hand-cuffed at the back. My eyes ware covered with two layers of cloth. Blind-folded, I was taken to a lock –up on a higher floor. I was not allowed to step on the stairs on the way to the lock-up. A few police officers carried me while I was still blind-folded and hand-cuffed to the back. I was carried lifted at my hands and legs into a horizontal position with my face facing the ground and my head pointing forward. In that position I was taken upstairs to the holding room
13. At all that time, I was not at any point in time told of my location, what was going to happen to me or the grounds on which I was arrested under s.73(1) ISA.
14. When we reached the holding room, my picture was taken. After which I requested to be allowed to pray and permission was given for me to do so.
15. I was later ordered to remove my clothes and I was only allowed to wear my under-pants. Thereafter I was taken into a room approximately 8 by 8 feet in size. The bed in that room was made of planks and approximately 3 to 4 inches from the ground. The room had no windows and was lighted by a menthol bulb the switch to which was located outside the room. I was not given any blanket or pillow or other necessaries.
16.
At about
17. Thereafter, I was made to enter a car. I asked where they intended to take me but they did not answer me. I was taken around in the car for about 30 minutes. After the journey, I was taken to the lock-up at which time they removed my blind-fold. I then realized the place was the same lock-up as the one on the first day.
18.
At the said lock-up, I was only allowed to wear my under-pants. At about
19. Thereafter, I was asked to wear a pair of blind spectacles and my hands were hand-cuffed. I asked where I was going to be taken to, whether I was to be taken to Peninsular Malaysia, but once again the officers kept quiet. I was taken to an airport. I was not told the destination but I suspected that the place was an airport because I heard the sound of aeroplanes. The car was stationary for about 10 minutes. At that time, I was approached by another officer who introduced himself as ASP Philips and he stated that he was responsible for my safety thenceforth.
20. Thereafter, I stepped out of the car with ASP Philips with my hands handcuffed at the back and my eyes covered with blind spectacles. I boarded an aeroplane and I felt that there were a few officers on board as well.
21.
I asked ASP Philips where they intended to take me and he jokingly said
“I take you to
22. After the aeroplane landed I was still not told where I was going to be taken. I was then put into an automobile which I felt was a van.
23.
I was brought to a detention camp. I arrived at the camp at about
24. At the detention camp, I was given two sets of uniform comprising of a shirt and pants and a bucket, bathing soap, tooth paste and tooth brush, blanket and two plastic jugs. I was not given any under pants. At that moment an officer who accompanied me said in a harsh voice and with an intimidating expression on his face: “You duduk sini you kena ikut law sini you tidak boleh ikut law you ” I felt that it was a tactic to intimidate me.
24.1 The uniforms worn by me, I had to wash myself in the toilet in the holding room I was assigned to. I also requested that I be allowed to dry the uniforms in the sun, this was also refused. The said pieces of clothing were changed every 2 weeks.
25. After that I was taken to an interrogation room, where I changed into the uniform which was given. When I finished I was taken to my holding room where I was given the detention number 46/01.
26. All this time I was not told the grounds of my arrest under S.73(1) ISA and was not allowed to communicate with anyone except the police officers that attended to me.
27. Thereafter, I was taken to my holding room. There was a toilet in that room and a sleeping place made of planks. The size of the room was 8 by 9 feet wide and 12 feet high. The said room did not have any windows and air came in through a ventilation block which was 7 by 3 feet. The height of the ventilation block from the floor was about 9 feet. I was held in the room for 31 days.
28. Each day I was taken from the holding room to the interrogation room handcuffed and wearing blind spectacles and accompanied by the officer on duty. I was also not given any shoes. It was only after 22 days that I was given slippers. After 23 days I was given the Quran, and 24 days when I was given a pillow.
29. When I asked for the above necessaries they stated that if I co-operated I would be given anything I asked for. In the first week, I asked from the doctor that visited me every Friday for reading material. She told me that she would make a recommendation for my request because she said she could see the frustration which was clearly reflected on my face. In spite of my request, I did not get anything until the 23rd day.
30. Due to a firm complaint that I made to the doctor about pain in my back and my neck, she asked me whether I was doing any physical exercise. I replied, only in my room. I informed her that I was not supplied with any pillows until the present and because of that I experienced muscle cramps. She ordered the officer on duty to supply me with a pillow immediately.
31. Every day I was interrogated from 9.00 am to about 6.00 or 6.30pm. It was only after the first 14 days that they finished interrogating me at 5.00 pm. On Sundays at times the interrogation officer did not come and I was left in the holding room alone. While I was being interrogated for the first 14 days I was not given any drink.
32. For the duration of 31 days in the detention camp I was not allowed to do any physical exercise except for what I could do in my room. I also requested the investigating officer to allow me to go out under the sun but my request was not heeded. Every day I was only taken from the holding room to the investigation room.
33. As a whole I was investigated by 17 people for 50 days. In the first 14 days 10 officers interrogated me in 2 groups (one in the morning and the other in the afternoon) which consisted of 4 and 6 officers respectively. After the first 2 weeks I was interrogated by another 5 officers, whilst 2 of the 17 officers above were not ‘permanent’ moving in and out of the interrogation room as they wished. The interrogating officers were wearing plain clothes and did not wear any name tags.
34. When interrogating me, some of the officers were rough in their manner, spoke in a loud tone and an intimidating voice. I was threatened that if I did not co-operate I would be sent to Kamunting for 2 years. There were others that tried to negotiate with me and there were others that blackmailed me emotionally, using my wife and children to provoke me to talk.
35. I was asked the following questions over and over again:-
35.1 Who instructed you to go to Kuching?
35.2 What was your purpose in going to Kuching?
35.3 Who paid for your expences to Kuching?
35.4 Did you obtain anybody’s permission to go to Kuching?
35.5 Were you going to Kuching to ask the public to demonstrate on 14th April 2001?
35.6 What was the programme planned?
35.7 Did you discuss with the silat organization to join in the 14th April demonstration to strengthen forces when faced with security personnel?
35.8 Did you have any plans to fight with the security personnel?
35.9 Did you attend a secret meeting for the purposes of destroying or overthrowing the ruler by way of demonstration or force or to change the 14th April programme from a peaceful demonstration to one of force?
35.10 How many secret meetings have been held? With whom?
35.11 What were the contents of the meetings?
35.12 Where were the meetings held?
35.13 Who were the party sponsors ? Did you get any foreign funds especially from America?
35.14 Does the party have any connections with America?
35.15 Questions about “Sumpah Keramat Pemuda” (this is a programme of public talks by the Keadilan Party wherein the youth recite an oath opposing cruelty and upholding justice) – who planned the oath, who always read the oath on stage?
35.16 Questions about the gathering of 100,000 citizens on the KESAS Highway – who planned it, how did the gathering occur at the KESAS Highway. Their questions were aimed at determining who were the heads behind the demonstration, who gave the orders;
35.17 Did I know the character of Datuk Seri Anwar Ibrahim [“Datuk Seri Anwar”]?
35.17.1 The investigating officers read Mior Abd. Razak’s statement to me which was in fact an OSA document. I was shown the document with the OSA stamp on it. When I asked if I could read the document they did not allow on the reason that there were classified paragraphs. They then read the statements to me. They also read Dr. Munawar Anis’ statement to me. I told them to stop reading because I felt like nauseous upon hearing the statements.
35.17.2 The investigating officers then asked me whether I believed the statements to which I replied that the matter was between God and I.. As long as I did not see the occurence I could not believe it.
35.17.3 They then said that Datuk Seri Anwar did in fact have an illicit relationship with Shamsidar, and that the sperm stain that was found was in fact from Datuk Seri Anwar. They then said that they had a recording relating to the dealings between Datuk Seri Anwar and other parties.
35.17.4 The investigating officers also asked me why I supported him and stated that Datuk Seri Anwar did in fact have illicit relationships with other women.
35.18 Did I know the character of Datin Seri Wan Azizah [“Datin Seri”]?
35.18.1 They stated that Datin Seri was involved in a scandal and had an illicit relationship. They compared Datin Seri’s wealth to mine and said that although I did all the work, the benefit was obtained by other people.
35.19 Did I know the character of Moahamad Ezam Mohd Noor?
35.19.1 They stated that Ezam had an illicit relationship with Nurul Izzah when they were in the Philippines and he did deceitful things. They used vulgar hand signals to mimic what happened. Once again they compared Ezam’s wealth to mine. They stated that Ezam has directed to a house costing RM5 million to be built for himself.
35.20 Did I know the character of Azmin Ali?
35.20.1 Again they compared the wealth of Azmin Ali with mine.
35.21 Did I know the character of Dr. Chandra Muzaffar?
35.21.1 They stated that Dr. Chandra Muzaffar was an ex-NGO, and asked whether Dr. Chandra Muzaffar is really a Muslim when he eats vegetarian food? They also stated that Dr. Chandra Muzaffar wanted equality in everything when this could not be achieved because politics is not fair but is in fact ‘dirty’.
36. Further, the investigating officers stated to me that or accused me of:
36.1 I brought the wave of demonstration from Indonesia to Malaysia.
36.2 that the Keadilan Party was not a Malay party. I was asked what my conviction or fight was as I am Malay whilst the Keadilan Party has leaders from other races. I was asked why I fought for a party which is non Malay when I am a Malay, possess the soul of a Malay, and is said to have a strong faith in religion and should be fighting for the UMNO Party.
36.3 They stated “Oklah Gani kamu mempunyai gaya sebagai tokoh politik, gaya cakap, kamu masuk ke dalam parti yang salah, parti betul akan masuk ke dalam tempat yang tinggi. Sebenarnya nada parti lain yang berjuang untuk Melayu hanya UMNO. You hanya marah kepada Mahathir, bila dia turun, kamu boleh naik
36.4 Further, on the first day of my detention I enquired of the police what it was that they really wanted. They asked me whether I had repented and if I had then we could ‘deal’. When asked what was meant by ‘deal’ they replied “adakah kamu ingin Abdullah Ahmad badawi jumpa kamu sebelum kamu hendak deal?”. I had asked them before whether help could be given to me after I was released to find employment and they replied if I really repented, they would give help.
37. Further, they tried to obtain a confession from me by saying that N. Gobalakrishnan [who was also arrested under the ISA] had said that I planned everything and that the others who were arrested had given in and I was the only one that was stubborn.
38. In relation to the use of dangerous weapons I was questioned only once during my detention, on the third day.
39. At one point of time one of the investigating officers tried to scare me with the words “awak diminta memberi kerjasama yang baik ketika kami sedang berbahasa dengan baik, jika tidak..…”. The sentence ended there. When making the statement the officer tapped my chest slowly and warned me to answer every question correctly if not something untoward would occur.
40. Although I answered their questions they accused me of lying in an intimidating tone of voice. Because they did not agree with my answers, I was asked the same questions every day. At one point I gave them the answer they were looking for and they thanked me, shook my hand and said that if I continued to co-operate they would give me a hand phone for me to call my family.
41. At about the 25th day, I was given a piece of white paper by my interrogators to write a letter. I asked them what should be written, and they told me to write an apology to the Prime Minister so that I could be released within 60 days. I then wrote the said letter to ensure my release after the 60 days. I was also asked to write what I intended to do after being released. After I wrote the letter, the police officer read my statement and stated that it was not satisfactory. I replied that ‘you tulis apa sahaja yang ingin ditulis ”.
42. On the 31st night my detention place was transferred to Bukit Aman.
43. At about 5.30 in the evening of the 31st day I was taken to Bukit Aman in a van without windows. The van was escorted by an unmarked car carrying police personnel. I arrived at Bukit Aman at approximately 7.00 in the evening.
44. When I arrived at Bukit Aman I was brought into a room and examined to determine if I had sustained any physical injuries by a male police officer. He did not answer me when I asked him for his name.
45. Thereafter, I was supplied with uniforms and led to the 1st floor and shown my room numbered 1-10. That said night I slept without any mattress on the plank platform as the office had closed and they could not provide me with the necessaries. The size of the room was 10 by 10 feet and had a centralized air-blower, minimum sunlight, a fluorescent light which was always switched on except when I left the room.
46. On the next morning I was woken up at 6.00 a.m., asked to shower and I prayed. At 9.00 to 9.30 I was called by the interrogating officer to the interrogation room on the 3rd floor. My hands were hand cuffed in front. When I entered the interrogation room there were 5 police officers waiting. They did not inform me of their ranks. The size of the interrogation room was 8 by 8 feet. As there was nothing else which they could ask me much of the time was spent just chatting with me.
47. In the evening I was allowed to play ping-pong with the interrogating officers for approximately an hour.
48. Each day during my period of detention from the 32nd to the 50th day, passed the same way. I requested that I be released as no further questions were asked of me. They had replied that they did not possess the authority and only the Minister did.
49. Once whilst I was in the detention camp, and once when I was at Bukit Aman, I was taken out to IPK Shah Alam. I was informed that I was going to be brought to the Shah Alam Court but this never materialised.
50. During my detention I was not allowed to see my family until the 47th day. At no point in time was I allowed to obtain solicitor’s advise.
51. I was also brought to IPK Kuala Lumpur to meet with SUHAKAM towards the later part of my detention. Before the said meeting I was asked by the police as to what I would say to SUHAKAM.
52. All throughout my detention under S. 73(1) ISA I was not told of the reasons for my detention. I in fact believed that I was detained for my political beliefs and my statements made in the speeches that I had given.
53. Further, I refer to the IGP’s statements as published in the newspaper, which was reproduced in the grounds of judgment of the Honourable High Court Judge on which Federal Court (Criminal Division) Appeal No.:W-05-08 to 12-2001 has been filed, which stated that my detention under S. 73(1) ISA was on the grounds that I was involved in the following matters:-
53.1 “bersiap-sedia untuk bertindak secara militan dengan mengambil beberapa pendekatan seperti berikut (i.e. preparing to act in a militant fashion and to take various stands as follows):-
2.1 telah melaksanakan langkah-langkah tertentu untuk mendapatkan bahan letupan termasuk bom dan ‘grenade launcher’ (had taken certain steps to obtain explosives including bombs and grenade launchers);
2.2 menggunakan ‘molotov cocktail’, ‘ball bearing’ serta berbagai-berbagai senjata berbahaya untuk menyerang pihak keselamatan…(i.e. using molotov cocktails, ball bearings and various other dangerous weapons to attack the security personnel…)
2.3 mendapatkan bantuan dan sokongan guru-guru silat serta mempengaruhi sebilangan bekas pegawai dan anggota keselamatan supaya menyertai gerakan mereka (obtaining the assistance and support of the silat masters and influencing some of the ex-officers and security personnel to participate in their activities).”
53.2 “mewujudkan ketegangan kaum melalui isu-isu keagamaan dan perkauman. Ini termasuk penyebaran berita-berita palsu…”
54. I strenuously deny the statements of the IGP as abovestated and all statements of the IGP as published in the newspaper.
IN THE FEDERAL COURT OF MALAYSIA
CONVENING IN KUALA LUMPUR
(APPELLATE DIVISION)
FEDERAL COURT (APPELLATE DIVISION) NO.: 05-8-2001 (W)
(FEDERAL TERRITORY CRIMINAL APPLICATION NO..: 44-15-2001)
1. MOHAMAD EZAM BIN MOHD. NOR …APPELLANT
V
KETUA POLIS NEGARA …RESPONDENT
FEDERAL COURT (APPELLATE DIVISION) NO.: 05-9-2001 (W)
(FEDERAL TERRITORY CRIMINAL APPLICATION NO..: 44-16-2001)
2. RAJA PETRA BIN RAJA KAMARUDIN …APPELLANT
V
FEDERAL COURT (APPELLATE DIVISION) NO.: 05-10-2001 (W)
(FEDERAL TERRITORY CRIMINAL APPLICATION NO..: 44-17-2001)
3. CHUA TIAN CHANG …APPELLANT
V
KETUA POLIS NEGARA …RESPONDENT
FEDERAL COURT (APPELLATE DIVISION) NO.: 05-11-2001 (W)
(FEDERAL TERRITORY CRIMINAL APPLICATION NO..: 44-18-2001)
4. HISHAMUDDIN BIN RAIS …APPELLANT
V
KETUA POLIS NEGARA …RESPONDENT
FEDERAL COURT (APPELLATE DIVISION) NO.: 05-12-2001 (W)
(FEDERAL TERRITORY CRIMINAL APPLICATION NO..: 44-19-2001)
5. SAARI BIN SUNGIB …APPELLANT
V
KETUA POLIS NEGARA …RESPONDENT
Affirmed by Abdul Ghani bin Haroon ]
on ]
at Kuala Lumpur ]
Before me,
…………………………..
Commissioner for Oaths
This affidavit was affirmed by the above deponent on 2-7-2001 and was filed on by Messrs. Daim & Gamany, solicitors for the above Appellants, whose address for service is at Tingkat 9, Wisma Yakin, Jalan Masjid India, 55100 Kuala Lumpur.