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Bersih names 3 locals, 3foreigners as People's

Tribunal membersFirst Published:12:22pm, Jul 25, 2013Last Updated:2:12pm, Jul 25, 2013

Nation

by Kristina Mariswamy

From left: Organising committee members Meera Samanther an Ivy Josiah,

Gurdial, Bersih co-chair Ambiga, Irene Fernandez, Jerald Joseph andorganising committee member Andrew Khoo.

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KUALA LUMPUR (July 25): The six members, three locals and three from

overseas, of the Bersih People's Tribunal were named today by the

organising committee for the People's Tribunal.

Stating that members of the tribunal were picked through a process,

Bersih steering committee co-chair Datuk Ambiga Sreenevasan

highlighted that all individuals were "people that shared a strong

commitment to the rule of law".

The People's Tribunal, comprised those with diverse backgrounds who

according to Ambiga will be able to make independent decisions, was

established to ascertain whether the 13th general election was conducted

in a free and fair manner.

Chairing the tribunal is Yash Pal Ghai,a reputable expert in constitutional

law, who has extensive experience including being the former head of the

constitution advisory support unit of the UN Development Programme in

Nepal, 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.

Other international members are former deputy chairman of the

Indonesian Election Commission Ramlan Surbakti and president of the

Asean Inter-Parliamentary Myanmar Caucus, former senator and deputy

leader of the Democrat Party Thailand Kraisak Choonhavan.

Malaysian members include Datuk Azzat Kamaludin, a well-known lawyer

and former administrative and diplomatic officer with the Ministry of

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Foreign Affairs Malaysia, Dr Mavis Puthucheary, co-editor of the book

Elections and Democracy in Malaysia, and former associate professor from

the Faculty of Economics and Administration Universiti Malaya, and

Reverend Dr Herman Shastri, general secretary of the Council of Churches

of Malaysia.

Assisted by a team of 30 lawyers, Professor Gurdial Singh Nijar, Professor

of Law at the Law Faculty of the University of Malaya, will lead the legal

team to present evidence on behalf of the people.

Speaking to reporters at the Kuala Lumpur Selangor Chinese Assembly

Hall, Gurdial stated that they expected "a team of 10 to 12 witnesses and

two to three experts".

The tribunal 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 is tasked to study, investigate, review and report on:

1. The complaints received or disclosed on events leading up to and

surrounding the 13th general election;

2. The electoral process which took place in respect of the 13th general

election;

3. The effect of the findings from (1) and (2) have had on the 13th general

election, particularly in the free and fair criteria (free access to the media,

money politics, adherence to local elections laws);

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4. Any matters related or incidental to the above, including the effect on

voters rights generally and the rights of minority communities.

"The tribunal is essentially a citizens efforts and a peoples platform to

investigate and scrutinise the conduct of the last general election, said

Irene Fernandez, a member of the organising committee.

"It will be a tribunal of conscience, mandated with a moral force by the

people to arrive at the truth," added the executive director of Tenaganita,

an NGO which promotes the rights of migrant workers and other

oppressed and poor people in Malaysia..

Members of the public are also encouraged give statements or evidence

relating to claims of electoral fraud and irregularities during the May 5

polls via email to the people's tribunal secretariat

atbersih.tribunal@gmail.comby Aug 16.

The People's Tribunal, which will take place from Sept 18-22, is fully

funded by the Malaysian public.

Read more:http://www.fz.com/content/bersih-names-3-local-3-foreigners-peoples-tribunal-members#ixzz2a2GaqU54

Bersih Peoples Tribunal to sit for

five days in SeptemberBY V. ANBALAGAN

JULY 25, 2013LATEST UPDATE: JULY 25, 2013 11:34 PM

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mailto:bersih.tribunal@gmail.com?subject=Claims%20of%20electioral%20fraud%2C%20irregularities%20during%20GE13http://www.fz.com/content/bersih-names-3-local-3-foreigners-peoples-tribunal-members#ixzz2a2GaqU54http://www.fz.com/content/bersih-names-3-local-3-foreigners-peoples-tribunal-members#ixzz2a2GaqU54mailto:bersih.tribunal@gmail.com?subject=Claims%20of%20electioral%20fraud%2C%20irregularities%20during%20GE13http://www.fz.com/content/bersih-names-3-local-3-foreigners-peoples-tribunal-members#ixzz2a2GaqU54http://www.fz.com/content/bersih-names-3-local-3-foreigners-peoples-tribunal-members#ixzz2a2GaqU54

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The Bersih Peoples Tribunal on GE13, a tribunal mooted in response to the public

outcry and concerns of electoral fraud and irregularities in Malaysias 13th General

Election, is set to hear complaints for five days in September.

Six renowned individuals, three from overseas and three from Malaysia, will form the

tribunal to preside over the enquiry proceedings in Kuala Lumpur from September

18-22.

It will be chaired by Yash Pal Ghai, an expert in constitutional law and Head of the

Constitution Advisory Support Unit of the UN Development Programme in Nepal,

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.

Other international panel members include Ramlan Surbakti (former deputychairman of the Indonesian Election Commission) and Kraisak Choonhavan

(president of the Asean Inter-Parliamentary Myanmar Caucus, a former Senator and

deputy leader of the Democrat Party of Thailand).

The Malaysians on the tribunal are lawyer Datuk Azzat Kamaludin (former

administrative and diplomatic officer with the Ministry of Foreign Affairs Malaysia), 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).

People's Tribunal Secretariat member Irene Fernandez told a news conference

today the tribunal is one of the most significant milestones in the people's` struggle

for a free and fair election.

She urged the public to come forward to provide evidence on electoral fraud and

irregularities before August 16.

"We are also in the process of collecting evidence all over the country," she said,

adding that the legal team will be led by Professor Gurdial Singh Professor of Law at

the Law Faculty of the University of Malaya and Director of the Centre of Excellence

for Biodiversity Law. Gurdial was also the Chief Prosecutor of the international Kuala

Lumpur War Crimes Tribunal.

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Renowned civil rights activist and Bersih 2 co-chair Datuk Ambiga Sreenevasan had

said that the tribunal may not have any legal standing but will serve as a moral

force to publicly expose electoral fraud.

Meanwhile Ambiga, who was present at the press conference today, voiced her

concern over judges ordering parties who lost their election petition pay exorbitant

costs.

"This is discouraging people to come to court and have access to justice," she said.

Ambiga said election petitions were public interest cases and felt parties should be

left to bear their own costs.

She said the court had the discretion to award costs but a high amount is tantamount

to a punishment.

On Wednesday, Judge Zabariah Mohd Yusof ordered PAS candidate Ahmad Zamri

Asa'ad Khuzaimi who challenged the outcome for the Titiwangsa parliamentary seat

was ordered to pay RM40,000 to the Election Commission and RM30,000 to Johari

Abdul Ghani, the Barisan Nasional candidate who won. - July 25, 2013.

Bersih Peoples Tribunal now

open to receiving pollscomplaintsBY JENNIFER GOMEZ

JULY 19, 2013LATEST UPDATE: JULY 20, 2013 01:44 AM

The Bersih Peoples Tribunal is calling for citizens to povide evidence on electoral

fraud and irregularities during GE13 by submitting a brief summary to the secretariat

before August 16, 2013.

The tribunal, mooted in response to the public outcry and concerns of electoral fraud,

was established to ascertain whether the last election was conducted in a free and

fair manner.,

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Renowned civil rights activist Datuk Ambiga Sreenevasan had said that the tribunal

may not have any legal standing but will serve as a moral force to publicly expose

electoral fraud.

In a statement today, the tribunal urged the public to submit a brief summary if they

were victims of electoral fraud of irregularities which include:

* not being able to vote although registered

* prevented from voting

* offered monetary incentive (bribe) or gifts to vote for a particular party.

* not registered, but name and address on the electoral rolls.

* If threatened or told that you will be denied benefits.

Members of the public who want to give statements or provide evidence can send

their email to bersih.tribunal@gmail.com. - July 19, 2013

THE BERSIH TRIBUNAL - INVESTIGATING THE GREATEST CRIME

AGAINST THE PEOPLE OF MALAYSIA!

KUALA LUMPUR, July 25 Electoral watchdog Bersih today announcedformer United Nations Special Representative Yash Pal Ghai as the

head of its six-member Peoples Tribunal to investigate claims ofelectoral fraud during Election 2013.

The tribunal was set up the group following widespread allegations offraud and irregularities during the May 5 general election and begansoliciting testimony from the public last week.

Irene said Six renowned individuals, three from overseas and threefrom Malaysia, will form the members of the tribunal to preside overthe enquiry proceedings and deliver their findings.Irene said Sixrenowned individuals, three from overseas and three from Malaysia,

will form the members of the tribunal to preside over the enquiryproceedings and deliver their findings.Six renowned individuals, threefrom overseas and three from Malaysia, will form the members of thetribunal to preside over the enquiry proceedings and deliver theirfindings, Bersih organising committee member Irene Fernandez saidat a press conference.

Aside from constitutional lawyer Ghai from Kenya, the tribunal includes

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former Indonesian Election Commission deputy chairman RamlanSurbakti and ASEAN Inter-Parliamentary Myanmar Caucus (AIPMC)president Kraisak Choonhavan.

The Malaysian members are prominent lawyer Datuk Azzat Kamaludin,

University of Malaya associate senior fellow Mavis Puthucheary andRev Dr Hermen Shastri, the general secretary of the Council ofChurches of Malaysia (CCM).

Members of the tribunal consist of eminent and respected individualsboth from overseas and from Malaysia who all share a strongcommitment to human rights and the rule of law, Bersih co-chairmanDatuk Ambiga Sreenevasan said after the six were introduced.

The tribunal was originally announced as a five-member panel, butBersih organising committee member Ivy Josiah told The Malay Mail

Online there were now six was because they wanted greater diversityon-board, adding that more may be added in the future.

Hearings for the tribunal will be conducted across five days, startingSeptember 18.

The presentation of the evidence will be done by a legal team of 30lawyers led Professor Gurdial Singh Nijar, University of Malayas lawprofessor and chief prosecutor of the international Kuala Lumpur WarCrimes Tribunal.

We are addressing the whole general election in a holistic mannerwhich will include the system, the institution, the weaknesses in thelaw as well as the violations of the rights of voters, Fernandez said.

The panel noted that they are still gathering evidence from voters overincidents of alleged fraud during the May 5 polls.

Although it has no legal powers or authority, Ambiga previouslyexplained that the tribunal will act as a moral force to shed light on thealleged fraud during Election 2013.

The Election Commission (EC), among others, has criticised it as havingno basis under Malaysian law.

During the May 5 general election, the ruling Barisan Nasional (BN)managed to retain power despite polling fewer votes than the informalPakatan Rakyat (PR) opposition pact.

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Bersih invites EC to tribunal hearingAnisah Shukry

| July 25, 2013

The six-member panel, which includes international figures, will probe allegationsof fraud in GE13.

KUALA LUMPUR: Election watchdog Bersih today invited the Election Commission to

take part in the proceedings of its Peoples Tribunal, which will investigate allegations of

fraud and other irregularities in the 13th general election.

We are hoping the EC will come and will participate and be a part of this process,

Bersih chief S Ambiga told a press conference here. We hope that, in the spirit of

improving the system, they will attend.

She announced that the tribunal will hear testimonies from Sept 18 to Sept 22 and that

the hearing will be open to the public.

Bersih has described the May 5 polls as the dirtiest elections ever and demanded the

resignation of EC chairman Abdul Aziz Mohd Yusof and deputy chairman Wan Ahmad

Wan Omar resign, but Ambiga said today that the six-member tribunal would not be

influenced by the election watchdog or any other quarter.

Independence was the key criteria in the Peoples Tribunals organising committees

selection of panel members, she said. They will make up their mind based on the ruleof law and the evidence presented to them.

I can assure you nobody can influence this panel.

The tribunals objective is to determine whether the 13th general election was conducted

in a free and fair manner. Its chairman is constitutional law expert Yash Pal Ghai, former

Head of the Constitution Advisory Support Unit of the UN Development Programme in

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Nepal, 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.

It has two other members who are international figures: Ramlan Surbakti, a former

deputy chairman of the Indonesia Election Commission, and Kraisak Choonhavan,President of the Asean Inter-Parliamentary Myanmar Caucus.

Its three other members, all Malaysian, are lawyer Azzat Kamaludin, academic and

author Mavis Puthucheary and Hermen Shastri, Secretary General of the Council of

Churches Malaysia.

Bersih official Ivy Josiah told reporters the organisers had yet to decide on a venue for

the hearing, but said it would be at a location within the Klang Valley.

We would like to invite all people who witnessed any irregularities or were themselves

victims of electoral fraud or are interested in testifying during the hearing to comeforward from now until Aug15, she said.

The tribunal intends to submit its final report to the Malaysian government, political

parties, the EC as well as international bodies such as the United Nations.

Ambiga said the Peoples Tribunal, like the 2011 Kuala Lumpur War Crimes Tribunal,

had no legal standing and was relying on moral authority alone to push for action should

it find irregularities in the conduct of the 13th general election.

This tribunal is a form of citizens advocacy, she said. I put my faith in the eminent

members of the panel. Although there is no legal obligation for the government to heedthe results, I expect a responsible government to respond to these international experts.

Bersih unveils global line-up for

Peoples TribunalBY LIYANA SHAZREEN

JULY 25, 2013UPDATED: JULY 25, 2013 04:08 PM

KUALA LUMPUR, July 25 Electoral watchdog Bersih today announced former United

Nations Special Representative Yash Pal Ghai as the head of its six-member Peoples

Tribunal to investigate claims of electoral fraud during Election 2013.

The tribunal was set up the group following widespread allegations of fraud and

irregularities during the May 5 general election and began soliciting testimony from the

public last week.

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Irene said Six renowned individuals, three from overseas and three from Malaysia, will

form the members of the tribunal to preside over the enquiry proceedings and deliver

their findings.Six renowned individuals, three from overseas and three from Malaysia,will form the members of the tribunal to preside over the enquiry proceedings and deliver

their findings, Bersih organising committee member Irene Fernandez said at a press

conference.

Aside from constitutional lawyer Ghai from Kenya, the tribunal includes former

Indonesian Election Commission deputy chairman Ramlan Surbakti and ASEAN Inter-

Parliamentary Myanmar Caucus (AIPMC) president Kraisak Choonhavan.

The Malaysian members are prominent lawyer Datuk Azzat Kamaludin, University of

Malaya associate senior fellow Mavis Puthucheary and Rev Dr Hermen Shastri, the

general secretary of the Council of Churches of Malaysia (CCM).

Members of the tribunal consist of eminent and respected individuals both from

overseas and from Malaysia who all share a strong commitment to human rights and the

rule of law, Bersih co-chairman Datuk Ambiga Sreenevasan said after the six were

introduced.

The tribunal was originally announced as a five-member panel, but Bersih organising

committee member Ivy Josiah told The Malay Mail Online there were now six was

because they wanted greater diversity on-board, adding that more may be added in the

future.

Hearings for the tribunal will be conducted across five days, starting September 18.

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The presentation of the evidence will be done by a legal team of 30 lawyers led

Professor Gurdial Singh Nijar, University of Malayas law professor and chief prosecutor

of the international Kuala Lumpur War Crimes Tribunal.

We are addressing the whole general election in a holistic manner which will include the

system, the institution, the weaknesses in the law as well as the violations of the rights of

voters, Fernandez said.

The panel noted that they are still gathering evidence from voters over incidents of

alleged fraud during the May 5 polls.

Although it has no legal powers or authority, Ambiga previously explained that the

tribunal will act as a moral force to shed light on the alleged fraud during Election 2013.

The Election Commission (EC), among others, has criticised it as having no basis under

Malaysian law.

During the May 5 general election, the ruling Barisan Nasional (BN) managed to retain

power despite polling fewer votes than the informal Pakatan Rakyat (PR) opposition

pact.

- See more at: http://www.themalaymailonline.com/malaysia/article/bersih-unveils-global-line-up-for-peoples-tribunal#sthash.Jxvbw8QB.dpuf

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