#TribunalRakyat: "EC Acted As If Controlled By Putrajaya"
Public outcry over GE13 electoral fraud have said to be largely ignored as the courts have dismissed nearly all election petitions filed by both BN and Pakatan Rakyat. In response to this, Bersih will be organizing the People's Tribunal to investigate the conduct of GE13 using moral force as the jury.
By Mei Mei Chu — 16 Sep 2013, 12:47 PM — Updated about 11 years ago
The People's Tribunal will prepare a report on the improvements for electoral systems in 3 month's time
Panellists at the Bersih People's Tribunal have three months to come with a report and recommendations this week.
On Friday, panellists will hear submission for one last time from the tribunal's lead counsel Gurdial Singh Nijjar.
The People's Tribunal will prepare a report on the improvements for electoral systems in 3 month's time
Image via imgur.comThe final day of People's Tribunal examining the 13th General elections closed Sunday with the head of the legal team Professor Gurdial Singh Nijar due to present his closing statement on Friday (Sept 27).
thestar.com.myWhat was clear at the end of the tribunal was the lack of trust that many Malaysians have in the electoral system and that there are many loopholes that have to be addressed.
thestar.com.myDay 5: Ambiga says EC was following orders from the government when they should be advising them
Bersih co-chair Datuk Ambiga Sreenevasan said the Election Commission (EC) acted under the instructions of Putrajaya when it should have acted as an independent body.
Day 5: Ambiga says EC was following orders from the government when they should be advising them
Image via imgur.com“EC acted like they were under Putrajaya’s control. I have problems with the commission for their failure in giving proper explanations on the issues surrounding the electoral roll and others under their purview,” she said today.
yahoo.comShe added that the commission would not say anything when election-related issues cropped up. “They failed to fulfil their responsibilities to investigate political violence and other serious allegations during GE13,” said Ambiga.
themalaysianinsider.com
“They are just letting allegations fade away and hope everybody will forget all about it. Many questions were not answered. This is not right. EC should be the one advising the government, not following their orders,” said Ambiga.
themalaysianinsider.com
The attitude of the EC leadership, like its deputy chairman Datuk Wan Ahmad Wan Omar, was also raised as he was seen to always criticise the opposition.
“It’s like their hands were tied,” Ambiga said.
Despite their absence, EC has been monitoring the tribunal
But when it was pointed out that the Orang Asli folk for example, who testified at the tribunal that they were threatened into voting for the Barisan Nasional, would find it difficult to write to the EC officially, he said he was more than happy if Bersih documented all the testimonies at the people's tribunal and handed it to the commission.
themalaysianinsider.com
"Still, they can bring all the cases to us, with details such as full name and identity card numbers and we are more than willing to check because we want the same thing, to clean up the roll," he reiterated.
themalaysianinsider.com
"Because it's a tribunal. Call it anything else, a forum, analysis of the shortcomings of GE13, and we would have been there. How can we not have gone if it was a non-political forum to discuss electoral conduct? But when you say it's a tribunal, with political undertones, it just means that they want to make a judgment of who is right and wrong.
yahoo.com"Because it's a tribunal. Call it anything else, a forum, analysis of the shortcomings of GE13, and we would have been there. How can we not have gone if it was a non-political forum to discuss electoral conduct? But when you say it's a tribunal, with political undertones, it just means that they want to make a judgment of who is right and wrong."
yahoo.com"Of course, we look through the news every day and know what's going on. This is valuable input and feedback for us. This is what we want," Wan Ahmad. But the EC deputy chairman kept to the official line that the commission did not attend the tribunal organised by the election reforms watchdog due to its political undertones.
themalaysianinsider.com
EC deputy chairman Datuk Wan Ahmad Wan Omar told The Malaysian Insider that his officials had been taking down everything people said about the 13th general election at the tribunal that ended yesterday in Subang Jaya.
yahoo.comWATCH: Day 5 of The People's Tribunal
WATCH: Day 4 of The People's Tribunal
WATCH: Day 3 of The People's Tribunal
WATCH: Day 2 of The People's Tribunal
VIDEO: Day 1 of The People's Tribunal
Day 1: Polls observers say at least 30 voters complained that their indelible ink washed off easily
Two polls observers testifying at the Bersih People's Tribunal on electoral fraud today spoke of the ease in which the indelible ink could be removed from voters' fingers.
Lye Yoong Seng and Joseph Chandran from election monitoring group Pemantau said they were approached by voters at polling stations to complain of the ink.
themalaysianinsider.com
Joseph, who was stationed at a school in Desa Aman Puri in Kepong, said at least 30 people had made a similar complaint. "But we only recorded the statements from seven or eight people and we took photographs and videos," he added.
themalaysianinsider.com
"One of them told me it came off after he washed his hands while the other said the ink came off when he wiped the sweat off his brow," they added.
Day 1: Polls observers saw Barisan Nasional booth giving out gifts, food and ferrying voters
Both Lye and Joseph also said although the Election Act prohibited campaigning on polling day, they had observed such activities at their polling stations.
themalaysianinsider.com
"There was a Barisan Nasional booth outside the polling station. A lot of gifts with the party's logo, such as umbrellas, tokens and water, were given out," he said. "As far as I know, voter-ferrying is not allowed under the Act," he added.
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To a question, Lye replied that EC officials did not attempt to stop the act. Lye recounted how he followed a car with a BN flag to a low-cost flat in Bandar Tun Razak.
themalaysianinsider.com
"The car stopped at a BN campaign booth and they were serving food to the voters," he said. Gurdial then confirmed that voter-ferrying and serving food – which comes under treating – is also prohibited.
Day 1: Charles Santiago says EC was aware of dubious voters but could not take action
The People’s Tribunal on the 13th General Election started this morning with Klang MP Charles Santiago as the first witness.
The People’s Tribunal on the 13th General Election started this morning with Klang MP Charles Santiago as the first witness.
Image via freemalaysiatoday.comThe first witness, Klang Member of Parliament Charles Santiago, said he made complaints to the EC about dubious names on the roll. "I highlighted to the EC in November about some 60 names registered to one house. The owner of the house had earlier told me that he had not consented to anyone using his address to register as a voter,” he said.
Santiago said the EC then conducted its own investigations and acknowledged that there was a problem. "They admitted there were 60 names registered at the house but told me they could not do anything about it. They (the EC) said that the law does not allow change to the electoral roll," he added.
According to Santiago, the Selangor EC had admitted that they were aware that an Umno assistant registrar by the name of Hishammuddin Kassim had registered "many" dubious voters but no action was taken to rectify the situation.
themalaysianinsider.com
People’s Tribunal will hear the testimony of 30 witnesses despite no police nor EC
The People's Tribunal set up by election reforms group Bersih to investigate allegations of fraud during the May 5 general election will hear the testimony of about 30 witnesses when it begins proceedings tomorrow.
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People’s Tribunal will hear the testimony of 30 witnesses despite no police nor EC
Image via themalaysianinsider.comPeople's Tribunal organising committee member Ivy Josiah told The Malaysian Insider that apart from voters, academics, representatives of non-governmental organisations and opposition politicians, invitations to participate in the inquiry have also been sent to the police, the Election Commission (EC) and Barisan Nasional (BN) secretary-general Datuk Seri Tengku Adnan Tengku Mansor.
themalaysianinsider.com
"The police have replied that they will not send a representative to hold a watching brief," she told The Malaysian Insider in Kuala Lumpur.
The participation of the ruling BN was unclear but space has been created to accommodate it, Josiah said.
yahoo.comJosiah said the inquiry was significant because it was a public court to find out the truth.
"This is a tribunal by the people and for the people, in quest of the truth and love for the nation," she told The Malaysian Insider.
Bersih 2.0 organizes the People's Tribunal on GE13 to investigate the conduct of GE13 in response to public outcry over electoral fraud
While the authorities continued to dismiss the allegations of electoral fraud during the 13th General Election, it looked like there was nowhere an unhappy voter could go to argue his/her case.
themalaymailonline.com
Bersih 2.0 will be organising the People’s Tribunal on GE13 to provide a platform for the People to investigate and scrutinise the conduct of the last general election. It was mooted in response to the public outcry and concerns of electoral fraud and irregularities in GE13.
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The main objective of the People’s Tribunal is justice and accountability. This is a universal standard that goes beyond politics.
bersih.orgAs a commission of inquiry, the People's Tribunal will hear evidence and arguments being presented to the eminent Members of the Tribunal to investigate the court of the last general election.
google.comWhat will happen at the People's Tribunal on GE13
The Bersih Peoples’ Tribunal on GE13 will take the form of a commission of inquiry led by a legal team who will present evidence and arguments to the Tribunal. The Tribunal will then determine the issues as framed in the Terms of reference.
bersih.orgFor the People’s Tribunal, over 30 lawyers will be presenting evidence on various alleged electoral irregularities to a six-member international panel which include former United Nations Special Representative Yash Pal Ghai, former Indonesian Election Commission deputy chairman Ramlan Surbakti and ASEAN Inter-Parliamentary Myanmar Caucus (AIPMC) president Kraisak Choonhavan.
themalaymailonline.com
The Tribunal will examine if any acts that were committed in relation to the elections until polling day on 5 May 2013 has violated the rule of law and international standards and norms governing the conduct of elections, including the UN Human Rights Standards regarding elections and the Declaration on the Criteria for Free and Fair Elections by the Council of the Inter Parliamentary Union.
bersih.orgAmbiga says the People's Tribunal is the only place people can share about what happened during GE13
Ambiga says the People's Tribunal is the only place people can share about what happened during GE13
Image via akamaihd.netBersih 2.0’s “People’s Tribunal” may not have any legal standing but will serve as a “moral force” to investigate allegations of electoral fraud, said Datuk Ambiga Sreenavasan when defending the polls watchdog’s final attempt at proving wrongdoing in the May 5 polls.
themalaysianinsider.com
“It is true that it is not set up under any law or statute. That is why it is called the People’s Tribunal. It will be an evidence-gathering tribunal and what we have is the moral force to examine the allegations. That is its main aim — to gather evidence,” she added.
themalaysianinsider.com
Bersih co-chairperson Dato' S Ambiga admitted that while there is excitement over the event, it is contained within a certain group of people rather than widespread as many are still in the dark over the concept of a tribunal that has no legal stature.
"But they (the people) should not be worried at all. We are the only place where people can share information about what happened during the elections. It's important for people to tell their story because many were unhappy after GE13 and felt that they have no recourse anywhere."
Prof Gurdial says this is the only avenue for people to investigate allegations of electoral fraud since the courts have dismissed nearly all election petitions
Head of legal team, People's Tribunal GE13 - Prof. Gurdial Nijar is a professor of law at University of Malaya and a senior practicing lawyer who has served as legal advisor to the Third World Network.
Image via akamaihd.netGurdial explained that after the courts shot down nearly every one of the over 35 election petitions filed by both Barisan Nasional and Opposition parties, the public have no other avenue other than to sponsor their own probe into the various allegations.
themalaymailonline.com
“The judiciary is not keen to allow the thing to be ventilated because they are dismissing almost every petition filed. So what does the citizenry do if they are really concerned about the political process?
“There is no other recourse except a people’s initiative,” he said.
“This is in the nature of an inquiry. It’s not adversarial. We are not here to accuse or prosecute, this is fact-finding to establish the veracity of the numerous allegations expressed by the people, the disquieted, the concerns of ordinary people.
yahoo.com“This is a clear forum for them to present their views and have it assessed by an independent panel of eminent persons,” Gurdial said, while admitting that the People’s Tribunal would not have any legal muscle to implement the panel’s recommendations.
themalaymailonline.com
EC says the People's Tribunal is just another public forum organized by an NGO
The Election Commission (EC) has rejected polls watchdog Bersih 2.0’s invite to participate in the People’s Tribunal, stressing that it had “no legal standing” and would likely turn into an “EC-bashing event”.
“I don’t see the necessity for the EC to get involved in a non-legal discussion with the tribunal,” he said. “The People’s Tribunal is just another public forum organised by an NGO,” said Wan Ahmad.
“International personalities do not have the experience in conducting local elections and they will make conclusions based on what they read, what they presume, based on their understanding of western democracy. “This will make their discussions more confused,” said Wan Ahmad.
However, EC officials have also contributed leads to be investigated during the tribunal
From the "thousands of complaints" the Bersih People’s Tribunal has received on electoral fraud so far, the surprise has been several "leads" provided by Election Commission officials.
themalaysianinsider.com
Why this is surprising is because the EC is also being investigated by the tribunal for its conduct in the 13th General Election, said the tribunal's legal team chief, Professor Gurdial Singh.
The "leads" provided by the EC officers have been investigated by lawyers and the findings will be presented when the tribunal sits. Gurdial said the tribunal is also tasked with finding out whether the EC had acted fairly and independently in carrying out their tasks in the polls on May 5.
themalaysianinsider.com
Election-monitoring institutions around the world have expressed interest to adopt the People's Tribunal in their respective countires
According to Bersih's legal head, Professor Gurdial Singh Nijar, representatives of various election-monitoring institutions – some of which are under the purview of the former United Nations Secretary-General, Kofi Annan – are viewing the tribunal as an "extremely useful exercise".
fz.com
"They said that if it works and the process is credible then they would like to adapt it in other countries that are emerging from non-democratic elections or military rule into the democratic process," Gurdial said in a recent interview on fz.com's Face2Face programme.
fz.com
"This is a salutary good signal that Malaysia is very serious in becoming the symbol of real true democracy not only in the region or developing countries but perhaps in the world," he said.
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Members of the People's Tribunal
Chairing the tribunal will be Yash Pal Ghai, a reputable expert in constitutional law, former Head of the Constitution Advisory Support Unit of the UN Development Programme in Nepal.
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Former Special Representative of the UN Secretary General in Cambodia on human rights and former Chairperson of the Kenya Constitution Review Commission and Kenya National Constitutional Conference.
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Leading the Legal Team to present the evidence on behalf of the People will be Professor Gurdial Singh Nijar, Professor of Law at the Law Faculty of the University of Malaya and Director of the Centre of Excellence for Biodiversity Law. Professor Gurdial is also the Chief Prosecutor of the international Kuala Lumpur War Crimes Tribunal. Professor Gurdial will be assisted by a team of 30 lawyers.
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Other members include Ramlan Surbakti, former Deputy Chairman of the Indonesian Election Commission; Datuk Azzat bin Kamaludin, an Advocate and Solicitor of the High Court of Malaya; Dr. Mavis Puthucheary, former associate professor from the Faculty of Economics and Administration, University of Malaya and Rev Dr. Hermen Shastri, General Secretary of the Council of Churches of Malaysia (CCM).
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The People's Tribunal, open to the public, will be held from 18 Sept 2013 to 22 Sept 2013 at Subang Jaya
The People's Tribunal, open to the public, will be held from 18 Sept 2013 to 22 Sept 2013 at Subang Jaya
Image via akamaihd.netThe Organising Committee of the People's Tribunal wishes to invite members of public to the People’s Tribunal on Malaysia's 13th General Election (GE13), which will begin its hearing on Wednesday, 18 September 2013 to Sunday, 22 September 2013.
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This will be the first tribunal of its nature in the country, and could even be the first of its kind in the region. And to make sure the tribunal can come up to a fair and balanced conclusion, the legal team have also invited any and all who could be affected or mentioned in the evidence to participate.
themalaymailonline.com
Admission is free and the public is invited. Please RSVP to [email protected].
google.comWhat is a Tribunal?
The Tribunal has been utilised to address issues of human rights violations and in instances where the State has failed to take actions or be held accountable. A Tribunal is viewed as a form of human rights activism to address violations perpetrated through systemic means.
google.comThe process of the Tribunal can either be inquisitorial or accusatorial. A Peoples’ Tribunal gives voice to citizens who wish to articulate rights violations and discrimination to an independent body. In short, the system that caused these violations is put on trial by the people.
google.comBy adopting a broad-based human rights approach, it can examine an overall situation as opposed to an individual complaint and therefore conducts a fact finding inquiry to both educate and bring about reform.
google.comClick to Read: What happened after GE13
It is official, Barisan Nasional wins the mother-of-all-elections, forming the Federal Government. While Najib is happy with the results, Anwar says he will not accept the GE13 results until the EC investigates their claim of electoral fraud. What happens next? [CLICK FOR FULL STORY]
bit.ly
Post GE13, the opposition and Malaysians unhappy with the alleged 'unfair' electoral system have called for the EC to step down. How will the EC respond to this, and how will they improve the electoral system for GE14? [CLICK FOR FULL STORY]
bit.ly
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