2017年1月11日星期三

The Judicial corruption: the 7th letter to PM Lee Hsien Loong (08 December 2016)

Attachment 1:Police Charge
Attachment 2: Patient abuse in the IMH 

From: Yan Jun [mailto:medp1128@hotmail.com]
Sent: Thursday, December 08, 2016 14:13
To: Lee Hsien Loong (PM)
Cc: Yuri Fedotov (United Nations Office on Drug and Crime); Liao Ran (Transparency International); Srirak Plipat (Transparency International); Alejandro Ponce (The World Justice Project); The World Justice Project; Silverstein Gordon (Yale University) ; Li-ann Thio (Natiaonal University of Singapore); Garry Rodan (Murdoch University); Buscaglia Edgardo (Columbia University); S.T. Quah Jon (National University of Singapore); Susan Rose Ackerman (Yale University); isktan@ntu.edu.sg; info@article19.org; 'Freedom House'; mail@globalwitness.org; ohchr.bangkok@un.org; Jennifer Jokstad; information@ishr.ch; feedback@humanrightsfirst.org; 'Mickey Spiegel (Human Right Watch)'; 'Phil Robertson (Human Right Watch)'; 'Mayda Chan (International Amnesty) '; info@icj.org; info@cmja.org; Elizabeth Andersen (American Bar of Association); International Association of Judges; Gail Davidson (Lawyers Rights Watch Canada); Talia Dove (International Bar Association); Debbie Olsen; The Privy Council; Supreme Court of South Africa; Supreme Court of New Zealand; Federal Court of Malaysia; The Caribbean Court of Justice; Supreme Court of India; Hong Kong Court of Final Appeal; Supreme Court of Canada; Australia High Court; The Straits Times; Shin Min Daily; Lian He Wan Bao; Lian He Zao Bao; The Online Citizen (Singapore); news@theindependent.sg; 'Seiff Abby (Freelance Corrrespondent)'; Rico Hizon (BBC); 'Philip Bowring (The South China Morning Post)'; 'Linus Chua (Bloomberg)'; Gopalan Nair (Blogger); 'Apple Daily'; Asia times; 'Reporters Without Borders (RWB)'; Patrick McDowell (The Wall Street Journal); Keith Bradsher (New York Times); Jon Fasman (Economists) ; Roberto Coloma (Agence France-Presse); Vijay Joshi (Associated Press); 'The Huffington Post'; 'Reform Party'; 'Singapore People's Party'; Workers' Party; 'Singapore Democratic Party'; Vietnam Embassy; Myanmar Embassy; Laos Embassy; Thailand Embassy; Philippines Embassy; Indonesia Embassy; US Embassy; UK Embassy; Japan Embassy; Italy Embassy; German Embassy; Australia Embassy; Canada Embassy; Turkey Embassy; South Korea Embassy; South Africa Embassy; Saudi Arabia Embassy; India Embassy; China Embassy; Brazil Embassy; Argentina Embassy; Russia Embassy; 'Singapore Prison Service'; SUPCOURT Registry (SUPCOURT); STATECOURTS QSM (STATECOURTS); K Shanmugam (Minister for Law); Jessie TEO (PA to Chief Justice); 'Hui Agnes YAO (PA to Attorney-General)'; Connie CHAN (PS to the PM); qsm@imh.com.sg; enquiries@smc.gov.sg; agc@agc.gov.sg
Subject: The Rule of Law or Hypocrisy

Dear Prime Minister Lee Hsien Loong,

I refer to the email I sent to the PM on 8 July 2016.

In that email, I claimed systematic violations of the fundamental human rights in Singapore caused by the judicial corruption on the part of the Supreme Court. In addition, I questioned whether the PM would resign from the post if my corruption allegation was true. Here is the newest evidence of the judicial corruption in a broader sense on the part of the Attorney-General (A.G.).   

My 3rd protest and the unexpected release
On 14 June 2016, I was convicted of unlawful protests and was sentenced to imprisonment for holding up two signs stating “No Judiciary corruption in the Supreme Court of Singapore” outside the Istana and the Parliament house without a permit. On 21 June, I was out on bail to wait for the appeal that was later scheduled for 21 October at 10am.

At around 4pm on 20 October, I staged the 3rd protest without a permit on the public road (Napier Road) right outside the US Embassy in Singapore by holding up two signs. One sign stated “No Judiciary corruption in the Supreme Court of Singapore” and the other sings stated “PM Lee Hsien Loong, Resign”.

Police arrested me on the spot and charged me with protesting without a permit as usual in the police station [1]. I chose not to bail out and requested to be charged in court. On the morning of 21 October, the police released me unconditionally and 3 police officers drove me from the police station to the Supreme Court to ensure I attended the appeal hearing on time. I questioned the officers why didn’t bring the case to the court but there was no answer. If the case had been brought before the court, the 3rd protest could have been reported by the media.   

The appeal
The appeal was dismissed on 21 October by Justice Chan Seng Onn on the grounds that “the district judge’s findings were correct both in law and fact”.

With regard to the district judge’s finding that “the State Courts do not have the jurisdiction to deal with any sustentative constitutional challenge”, Justice Chan didn’t respond to my constitutional arguments but dismissed them without justification. With regard to the police’s controversial decision not to bring the case to court after my 3rd protest, Justice Chan ruled that the inconsistency was unrelated to the appeal. With regard to the time to release the Grounds of Decision, Justice Chan didn’t answer.

On 18 November, I was replied by the Supreme Court that my further appeal to the Court of Appeal was possible but there would be no written Grounds of Decision as the oral judgment was already given [2].

Equality before the law and the role of the A.G.
In 1994 Michael Fay case, the government declined the then US president Bill Clinton’s appeal to grant Fay clemency from caning on the grounds of the principle of the equality before the law. Now the government has declined to prosecute me for unlawful protest simply because of a specific protest location. I am confused how the US embassy as a building has compromised the fundamental principle upheld by the government in enforcing the law to maintain the public order. 

The A.G. has a role to uphold the rule of law and acts as the guardian of the public interest. No matter the police dropped the charge on their own decision or on public prosecutors’ order; the current A.G. ought to take responsibility for the police’s controversial decision.  

On 25 November, the Prime Minister’s Office announced that the current A.G. Mr. VK Rajah, the former Judge of Appeal, was to step down on 14 January 2017 upon reaching the retirement age of 60 years (See here). The succeeding A.G. is 63 years of age and the retirement age for a Supreme Court judge is 65 years. The current A.G. is still in the middle of a 3-year term. It is clear that the current A.G. Mr. VK Rajah won’t face impeachment and trial even if the police’s controversial decision is a result of the abuse of prosecutorial power.

Patient abuse in psychiatric institutions   
In my July email, I claimed that the Supreme Court had legitimized the arbitrary arrest by the police for investigative purposes so the police could lawfully arrest a suspect, interrogate him and release him if no evidence of an offence was found.  
In my opinion, psychiatrists are even more dangerous than policemen in the sense that they have unfettered discretion about whether to admit a person to a mental hospital and that they can abuse a patient’s privilege of the writ of habeas corpus, a right that is constitutionally guaranteed against unlawful detention.

In April this year, I was diagnosed by the Institute of Mental Health (IMH) with having no delusional disorder after a standard psychiatric assessment. Recently the IMH diagnosed me with delusional disorder without conducting a formal interview and finally kicked me out of the hospital after I staged a hunger strike [3]. I made a police report but police replied affirmatively that no investigation would be carried out into this matter.    

The fact that I stood the trial showed clearly that I had capacity to give consent for medical interventions. I do not accept the recent diagnosis because the IMH didn’t obtain consent from me so the diagnosis is unlawful. I will withhold my consent to a psychiatrist so if anyone suspects me of having a mental illness, he can easily call the police and subject the matter of involuntary hospitalization to the court.

My requests
I would like to request the PM to address 3 issues in public to defend the government’s international reputation of being corruption-free.

The 1st issue is about the apparent injustice demonstrated in the police’s controversial decision. The justification is supposed to include the opinion of both A.G. Mr. VK Rajah and Justice Chan Seng Onn on the lawfulness of my 3rd protest.

This issue clearly falls into the category of domestic politics so the Western media is not supposed to touch on it due to “gazetting” (See here). The international organizations such as World Justice Project and Transparency International do not carry out independent investigations and the outcome of their perception-based survey is highly influenced by the media reports on corruption-related matters. It will be unfair for the rest of the world if the government’s questionable conduct is not reported by the local media.

The 2nd issue is about the correctness of my corruption allegation. Against strong objections, the government recently passed the Administration of Justice (Protection) Bill (See here). I stand by my allegation and would request the government to take action against me to show the necessity of this newly passed Act.

The 3rd issue is the patient abuse in respect of involuntary admissions. It seems to me that Changi Prison and the IMH are not responsible for wrongful restraints and confinement specified in the Panel Code (s339-340) even if they willfully commit such offences in order to cover up their misdiagnoses.

Here is the additional evident to show the Supreme Court’s bias in favor of the government at the level of Judge of Appeal [4]. It is reasonable for me to conclude that the legal system ranked 9th globally in 2016 in terms of Rule of Law index is run by Rule by Law for the government’s interests. 

My Plan
I am going to continue my protests against judicial corruption in public areas outside these embassies: British High Commission, France Embassy, China Embassy and Russian Embassy, before the coming Christmas.

Thank you.

Regards,


Yan Jun
(S7684361I)

[1] Attachment 1(Police Charge) p.1-3.
[2] Attachment 1, p.4. Para 2-3.
[3] Attachment 2 (Patient abuse in the IMH)
[4] Attachment 1, p.6-7. Para 4-8.