To all,
Lee Song Yong, second year Computer Science student from Universiti Putra Malaysia (UPM) has been suspended for one semester by the Disciplinary Board of UPM on 22 November 2007 after he was found guilty for not cooperating with security guard, questioning the task of security guard and obstructing the security guard from executing his duty, responsibility and functions.
Background of the Incident
The incident happened in 22 August 2007, where Lee who is stopped at guard house refused to let his bag to be checked because there was no explanation from the security guard. Three plain clothes officer from Special Task Unit who arrived later grabbed the matric card and notebook from Lee without Lee¡¯s consent. Lee lodged a police report on the same day. Three days later, a complaint has also been made against the security officer at the Security Department.
The campus authority did not take any action against the security guards who had abused his power and did not respect the rights and privacy of the student. Instead the same security guards had accused Lee on 14 November 2007 alleging that he did not cooperate and had challenged the security guard.
The first proceeding on 19 November 2007 has been adjourned to 22 November 2007. In that proceeding, Disciplinary Board has decided to impose heavy penalty which is to suspend him for one semester of study and warning was given.
The Power of Security Guard in UPM exceeds that of Police Force
In this case, we have seen that the power of the security guard exceeds that of police which is stated in Criminal Procedure Code (CPC), police can only do checking by giving explanation and follow strict procedures. It was obvious that security guard had abuse his power.
This incident also shows that the campus authority sides the security guard. The suspension shows that they want to create a climate of fear among the students and want the students to obey the limitless power of the security guard.
Despite calls by the Human Rights Commission of Malaysia (Suhakam) to halt the proceedings due to allegations of human rights infringement, the proceedings went on. The university¡¯s administrative authority still held the proceedings in a hurry and imposes penalty onto Lee.
The Unfair Proceedings
The procedure of the hearing is obviously violating the basic rights of the student. Despite given a short notice to the hearing which make it difficult for Lee to make peparation, he was also denied legal representation by the campus authority. This is a violation of right to counsel which is included in Article 5(3) in Federal Constitution.
Demands
DEMA calls upon the campus authority of UPM to cancel the unreasonable punishment towards Lee, state the checking procedure of security guard and take action against the security officers who had abused their power.
Release by,
Malaysia Youth and Students Democratic Movement (DEMA)
PETITION
To:
Y. B. Dato' Mustapa bin Mohamed
Minister of Higher Education,
Ministry of Higher Education Malaysia.
CC:
Prof. Datuk Dr. Nik Mustapha bin R. Abdullah
Vice Chancellor of Universiti Putra Malaysia.
Cancellation of The Suspension for One Semester of Lee Song Yong Immediately
We/I oppose to the action of campus authority that imposes one semester suspension penalty to Lee Song Yong, a second year Computer Science student from Universiti Putra Malaysia who stopped at guard house and refused to let his bag to be checked because there is no explanation from the security guard.
2. We strongly feel that the penalty should be cancelled because:
a. Lee Song Yong had given enough cooperation to the security guard by showing his matric card and waiting for the explanation before allowing his bag to be checked.
b. Security guard did not explain the reason/purpose to examine student¡¯s bag. Even police also needs to tell the purpose before any checking.
c. The officer who acted violently, did not introduce himself and seized Lee¡¯s belongings was not investigated.
3. We/I feel that, the punishment towards Lee Song Yong shows that campus authority sided security officers who abused their power and did not respect the rights and privacy of students. The penalty of suspension has created fear among students and make student have to obey to the limitless power of security guard.
4. We urge that campus authority
a. Cancel the suspension of one semester to Lee Song Yong immediately
b. State the checking procedure of security guard clearly
c. Take action against the security officers that abused their power
Besides that, we also call upon campus authority to stop any action that violates the rights of students in UPM and created a climate of fear among the students in the university. Campus authority should take care of the welfare and safety of the students and not being a threat to them.
Sincerely,