No.

135-3-A, Jalan Toman 7,

Kemayan Square,

70200 Seremban, Negeri Sembilan

Y.A.B DATO’ SERI ABDULLAH AHMAD BADAWI

Prime Minister of Malaysia
Block Utama,
Bangunan Perdana Putra, Email: reduceredtape@pmo.gov.my
Pusat Pentadbiran Kerajaan Persekutuan, Email: abdullah@kdn.gov.my
62502 Putrajaya. Tel : 03 8888 8000

Y.A.B.Dato’Sri Haji Mohd.Najib bin Tun Haji Abdul Razak

Deputy Prime Minister
Deputy Chairman
National Implementation Action Body
Aras 4, Blok Barat, Bangunan Perdana Putra,
Pusat Pentadbiran Kerajaan Persekutuan
62502 PUTRAJAYA Fax: 88883983

YAB,

Re: A. Kugan’s Murder in Police Custody

Cabinet Meeting on 4.1.09 is urged to:-

1. Forthwith Suspend and prosecute the Selangor C.P.O for police cover up of the murder

2. Prosecute Serdang G.H Pathologist and Director for covering up the murder

3. 11 police personnel should be in remand, not on desk duty

4. Prosecute the police criminals for murder under Section 302 of the Penal Code

5. Independent Coroners Department to investigate police crimes

6. Urgent implementation of the IPCMC

We refer to the above

Introduction

The murder of A. Kugan (22) in police custody brings the spot light yet again to the years of police
atrocities in this country. This is just the tip of the iceberg of the decades of police abuse of powers, police
brutality, atrocities, murders and most alarmingly the police above the law mindset which they have
acquired over the years as part of the Malaysian police culture. This is especially so where it concerns
Indian youths which we have been persistently bringing to your good selves attention for over the last
seventeen years or so but to no avail. But instead four of our lawyers have been arrested and detained
indefinitely at Malaysia’s Guantanamo with effect from 13.12.08

Police Murder

The Tamil Nesan had on their front pages on 21.1.09 reported that A. Kugan who was arrested on 14.1.09
on mere suspicion of being a car thief had suddenly “dropped dead” in the midst of interrogation on
20.1.09. We believe Kugan was beaten up to death in attempt to force him to confess to a crime he had
not committed. This is police murder.

Police Cover-up

In the following day’s Tamil Nesan report on 22.1.09, the Chief Police officer (CPO) of Selangor drops the
usual police cover-up “bombshell” that Kugan had died of “liquid in his lungs” within six days of having
been in police custody and despite the visible and obvious injuries on Kugan’s body, neck, wrist, face and
legs. To add insult to injury the Serdang Hospital and especially the Pathologist aid and abets the
Selangor CPO by certifying the cause of death as lung congestion which makes hardly any medical sense
as Kugan was merely a 22 year old youth and was healthy which even a first year medical student would
be able to tell us.

People Power Storms Mortuary

When Kugan’s brutal injuries was splashed on the internet and the media, this CPO in the usual police
style tries to divert attention by alleging that the Serdang Hospital mortuary was stormed by a 50 member
“mob” who allegedly tampered with Kugan’s body (Tamil Nesan front page 6 on 22.1.09). What the
Selangor CPO describes as the “mob” was actually a manifestation of the people power forces upholding
justice based on the hundreds of such previous recent cases after which they have lost faith in the
Malaysian police and the government hospital axis that had colluded in massive police cover ups of such
murders especially over the last seventeen years. Without this people power intervention and their
recording of the brutal injuries on Kugan’s dead body the Selangor CPO in collaboration with the Serdang
Hospital Director and Pathologist would have wiped out any evidence of police murder as the police and
government hospital axis have been doing hand in glove for decades.

Police After Defenders of Justice

To add insult to injury, the CPO now wants to in turn divert attention away from the police murder and
wants to investigate the people power forces who succeeded in securing the evidence of police murder.

One “Police Murder” a Day in Lock-ups

The Tamil Nesan editorial on 23.1.09 at page 3 reports the death in police custody figures as revealed in
Parliament in 2008 at 1,535 from 2003 to 2007( four years). This works out to about eight deaths in lock-
ups every day or at least one death in every day. From our monitoring of newspaper reports and the
complaints we receive, about 90% of deaths in police custody cases like Kugan’s case are Indian youths.
This in itself is evidence of the hundreds of Indian youths who are abused, beaten up and atrocities
committed on them every day around the country and without recourse to justice. They suffer in silence.
Why must these Indian youths have to die before they get some attention or some semblance of justice?
Boiling Hot Water Splashed on Police Detainee

Just over three weeks ago on the last day of 2008 while Malaysians were jubilantly enjoying their New
Year eve yet another Indian youth, Prabakar was relating his nightmare in police custody of having been
beaten up, attempted murder by trying to hang him and finally boiling hot water was splashed on him as
part of the interrogation and in forcing him to confess to a crime that he did not commit. Thankfully unlike
Kugan, Prabakaran lived to relate his ordeal and show his badly scalded body. Seven junior policemen
were prosecuted for the token offence of causing injuries and immediately released on a mere bail of
RM5, 000.00.

They were never arrested or remanded in this and thousands of previous such cases as would have been
done to any other criminal and thus sending out the wrong signal that the UMNO controlled government
gives them “immunity” and acknowledging the “police above the law” special privileges. A senior police
ASP and the investigating Officer who was also implicated was let off the hook. Why weren’t these nine
policemen prosecuted for attempted murder? After all 31 peaceful Hindraf assemblers cum worshippers
on 25.11.07 at Malaysia’s holiest Hindu temple of Batu Caves had been prosecuted for the attempted
murder of just one policeman who allegedly suffered from some “dubious” injuries to his head and
received “out –patient treatment again at another pro-police government hospital. This is impossible
offence known to even a first year law student but which was made possible in Malaysia with compliments
of our very learned Attorney General. Worst still they were all denied bail until an appeal was filed at the
High Court. Worst still in Kugan’s case the 11 suspected police personnel (murderers) have merely been
assigned to desk duties and not arrested and under remand like any other murder suspects. Thus the
administration of justice in Malaysia!

Cabinet to Uphold Equal Justice

In the circumstances we hereby call upon your good selves and the Malaysian Cabinet Meeting on the 4th
of February 2009 to uphold equal justice and to:-

1. Forthwith arrest, remand and prosecute the criminal policemen for murder under Section 302 of
the Penal Code with no bail offered like any other murder accused.

2. Forthwith suspend and allow the Attorney General to prosecute the C.P.O of Selangor for his
heading the massive police cover up of the murder by his subordinates.

3. Allow the Attorney General top prosecute the Serdang Hospital Director and Pathologist for aiding
and abetting in the police cover up of this murder.

4. The Cabinet directs the Secretary General of the Health Ministry to issue a circular to all
government Hospital Directors, Medical officers, Pathologists, Specialists etc of the need to act
strictly according to their hypo-crates oath, non compromising with the police, maintaining their
independence, to report any attempts of police interference in their duties directly to Parliament,
to act without fear or favour of especially the police force and in fact denying and refusing any
contact with any police personnel either directly or indirectly. They are to at all time deal directly
with the detainee, his next of kin and the patient directly. All examination of a police detainee or
 deceased must be done out of sight and hearing of the police but can be in the presence of the
hospital security and the detainee being handcuffed where necessary.

5. An independent Coroners Department as in the USA and U.K system be set up under the Prime
Minister’s Department (Public Complaints Bureau) to take charge of the body of the deceased in
police custody cases within one hour of his being pronounced dead and the same in all police
shooting dead of suspects cases. Special Coroner’s ambulances are prepared for this task with a
post mortem to be conducted by a Pathologist from the Coroner’s Department and with the
proper facilities, back up staff and unlimited funding.

6. Urgently implement the IPCMC as was proposed by the Police Royal Commission some four
years ago. Kindly ignore the police objections and the excuse that the police force would be
demoralized. It is more important to dispel the perception that Malaysia is a police state!

Conclusion

This aforesaid proposal would go a long way in restoring the public confidence in the police force, and
administration of law and order and the administration of justice in Malaysia. Above all it would put a stop
to the police being above the law mindset.

Our Struggle Continues

For also voicing out among others the aforesaid police atrocities over the last seventeen years, our four
legal advisers and lawyers especially P. Uthayakumar had been arrested and detained on nine occasions
and also prosecuted. Finally on the 13th arrested P. Uthayakumar was “put to sleep” indefinitely by being
detained for two years and indefinitely thereafter at Malaysia’s very own Guantanamo Bay Prison under
the draconian ISA.

From behind bars P.Uthayakumar feels vindicated and infact proud that his struggle is continuing at full
steam with new and revitalized vigor despite his imprisonment.

UMNO can imprison P.Uthayakumar but UMNO cannot imprison People Power Makkal Sakthi.

Kindly revert to us accordingly.

Thank you.

Yours Faithfully,

Waytha Moorthy Ponnusamy

(Chairman)
Cc

Y.B.Dato-’ Seri Mohamed Nazri Bin Abdul Aziz

Law Minister
Aras 4 Block Barat, Bangunan Perdana Putra
Pusat Pentabiran Kerajaan Persekutuan
62502 Putrajaya. Fax: 88894177

Y.B.Datuk Seri Anwar Ibrahim

Ketua Pembangkang Malaysia,
Parliament Malaysia , Bangunan Parlimen
Jalan Parlimen
50680 Kuala Lumpur

Ministers in the Prime Minister's Department:

Minister: Datuk Amirsham Aziz
Minister: Tan Sri Bernard Giluk Dompok
Minister: Datuk Ahmad Zahid Hamidi
Minister: Datuk Seri Nazri Abdul Aziz

Deputy Ministers Ministers in the Prime Minister's Department:

Deputy Minister: Mr Devamany Krishnasamy
Deputy Minister: Datuk Hassan Malek
Deputy Minister: Datuk Johari Baharum
Deputy Minister: Datuk Dr Mashitah Ibrahim

Ministry of Defence
Kementerian Pertahanan
http://www.mod.gov.my/
Minister: Y.A.B DATO’ SERI ABDULLAH AHMAD BADAWI
Deputy: Datuk Wira Abu Seman Yusop
Jalan Padang Tembak, 50634 Kuala Lumpur Tel: 03 2071 1333, Fax: 03 2691 7217

Ministry of Home Affairs & Internal Security

Kementerian Dalam Negeri
Minister: Datuk Seri Syed Hamid Syed Jaafar Albar
Deputy: Datuk Chor Chee Heung
Deputy: Senator Wan Ahmad Farid Wan Salleh
Blok D1, Parcel D,
Pusat Pentadbiran Kerajaan Persekutuan,
62546 Putrajaya Tel: 03 8886 8000, Fax: 03 8889 1613

Y.Bhg.Tan Sri Abdul Gani Patail

Attorney General of Malaysia
Aras 1-8, Block C3, Parcel C Fax:88889369
Pusat Pentadbiran Kerajaan Persekutuan Email: ag@atgc.gov.my
62512 Putrajaya

Y.B. Lim Kit Siang

Adviser
Democratic Action Party
No 24 Jalan 20/9,
Paramount Garden Tel: 03 7957 8022
46300 Petaling Jaya Fax: 03 7957 5718
E-Mail: dap.malaysia@pobox.com

Y.B. Hadi Awang

PAS President
Parti Islam SeMalaysia
No 318A Jalan Raja Laut, Tel: 03 2692 5000
50350 Kuala Lumpur Fax: 0326938399
E-mail: pas@po.jaring.my

Parti Keadilan Rakyat (PKR) (People's Justice Party)

National Justice Party
17, Jalan 16/2,
Petaling Jaya
46350, Selangor, Tel: 03-7956 6444
Malaysia Fax: 03-7956 5444
E-mail: pkrpusat@gmail.com

Parti Sosialis Malaysia (Socialist Party of Malaysia)

Tel/Fax: 03-837 0766 E-mail: psmhq@tm.net.my

Ketua Pengarah
Biro Pengaduan Awam
Jabatan Perdana Menteri
Aras 6, Blok B1
Pusat Pentadbiran Kerajaan Persekutuan Tel: 03 8888 7777
62502 Putrajaya Fax: 03 8888 3748/03 8888 7778
E-mail: aduan@bpa.jpm.my

Tan Sri Abu Talib

Chairman
SUHAKAM
Malaysian Human Rights Commission
Tingkat 29, Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur

Ambiga Sreenivasan
Chairman
Bar Council Malaysia
No.13, 15 & 17, Leboh Pasar Besar
Kuala Lumpur Email: council@malaysianbar.org.my

H.E.William boyd Mccleary

High Commissioner of the United Kingdom to Malaysia
No.185, Jalan Ampang
50450 Kuala Lumpur Fax: +603-21702370

T. Kumar
Advocacy Director
Asia and Pacific Amnesty International USA
600 Pennsylvania Avenue, SE Tel: 202.544.0200 Ext.224
5th Floor, Washington DC 20003 Fax:202.546.7142
Email: tkumar@aiusa.org