FMT:
Court to examine complaints of torture, intimidation by LTTE suspects
KUALA LUMPUR: The Sessions Court here today held that there are grounds for further examination of complaints of mistreatment by two men charged with supporting the now-defunct Liberation Tigers of Tamil Eelam (LTTE) group.
Judge Azura Alwi took note of the complaints by grocery owner B Subramaniam, 57 and scrap metal dealer A Kalaimughilan, 28 under Section 128 of the Criminal Procedure Code (CPC).
“I will proceed to further examine the complainants under Section 133 of the CPC,” she said.
She fixed two days from Dec 5 to record their statements.
On Nov 1, five out of 12 suspects charged with promoting terrorism complained of mistreatment, torture or intimidation during their detention.
Azura then recorded Subramaniam and Kalaimughilan’s statements in camera, which lasted for three hours.
Lawyer S Selvam, who applied for the court to hear the complaint of Subramaniam, said his client had complained of being mentally tortured and intimidated.
“During the arrest and subsequent detention for 21 days, he was tortured and forced to say ‘I am an LTTE member’,” he said.
“He faced all sorts of threats, including a threat that he would be sent to prison for life if he didn’t do this (what was asked by the police),” Selvam was quoted as saying to Malaysiakini.
Lawyer MV Yoges, who acted for Kalaimughilan, said her client was kept in a dark cell with no communication with others.
According to her, the cell did not comply with lock-up regulations and her client was not provided with a bed and pillow while the toilet was clogged and full of mosquitoes, rats and cockroaches.
Selvam also told Azura that police had begun investigations against him for urging the court to hear his client’s complaint.
“They have opened an investigation paper for intimidation but I am merely doing my duty as a lawyer,” he said, adding that he could not discharge his duty when in a state of fear.
Deputy public prosecutor Low Qin Hui said the police must be allowed to investigate the detainees’ allegations and test their veracity.
“The police cannot be stopped from carrying out their duty. No decision has been made to prosecute anyone,” he said.
The 12 men including two DAP state assemblymen were detained under the Security Offences (Special Measures) Act 2012 over alleged links with the LTTE.
They were slapped with multiple charges under Section 130 of the Penal Code on Oct 29 and Oct 31.
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