HUMAN RIGHTS RESOURCE CENTER MALAYSIA

Nalini Elumalai, Suaram 2:32PM Sep 22, 2012

Memorandum to Suhakam on the concerted harassment against Suaram by the government and its agencies

The ongoing harassment on Suara Inisiatif Sdn Bhd (Suaram) by the government and its agencies is getting out of hand. Suaram has since July 2012 been publicly persecuted by the government and its agencies. The chronology of events is set out in the following:-

• On July 20, 2012, in compliance with the notices of inspection dated July 13, 2012, Suaram produced all documents and information to the Companies Commission of Malaysia (CCM)

• On August 30, 2012, in compliance to a notice dated 3rd August 2012 from the Social Security Organisation (“22 September 2012”), Suaram produced all requested documents and information to the Perkeso office.

• On September 5, 2012, 2 officers from CCM served notices pursuant to ss 7C and 7D(1) of the Companies Act 1965 (CA 1965) to Suaram’s company secretary and auditors. The S7C notices require the secretary and auditors to produce a list of documents to the CCM for investigation while S7D(1) notices require the secretary and auditors to appear at CCM on 10th September 2012 for investigation.

• On September 7, 2012, 2 officers from CCM served notices pursuant to s7D(1) CA 1965 to Suaram’s finance manager, Danapakiam Savari, refugee coordinator, Sarah Vanitha Devaraj, directors, Kua Kia Soong and Yeoh Seng Guan and executive director, Enalini Elumalai.

• On September 10 and 11, 2012, Suaram’s company secretary and auditors were investigated by CCM. On September 13, 2012, Danapakiam Savari and Sarah Vanitha Devaraj were investigated by the CCM. CCM’s investigation on Danapakiam Savari resumed on the September 18, 2012.

• On September 11, 2012, a meeting between the CCM, Malaysian Communication and Multimedia Commission (MCMC), Central Bank (Bank Negara), Registrar of Societies (RoS), PDRM and Home Ministry was held to determine the jurisdictions of respective agencies and actions to be taken against Suaram.

• On September 13, 2012, Suaram chairman, Arumugam Kalimuthu received a notice pursuant to S7D(1) CA 1965 by way of registered mail and was summoned to appear at CCM  on September 19, 2012 for investigation.

• On September 19, 2012, the RoS and PDRM visited Suaram’s office for an intended inspection on Suaram. However, the team led by one Ganesh of RoS had to return empty handed upon being notified that Suaram is a registered private limited company and is not a society under the purview of the RoS.

• On the same day, Danapakiam Savari was again summoned to appear at the CCM on September 20, 2012 for further investigation vide a notice pursuant to S7D(1) CA 1965. The said notice was served at her residence at or about 9:15PM.

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