In view of the bail bond of $80,000 likely to be imposed on Alan Shadrake and the strenuous objection by the Attorney General’s Chamber, the British author has decided not to apply to leave Singapore. Instead, he reveals in Court today his intention to take legal action against Singapore in the European courts for malicious prosecution.
The following is a transcript of Alan Shadrake’s affidavit filed in Court this afternoon.
I, Alan Shadrake do solemnly and sincerely affirm and say as follows:-
1. I am the Respondent in these proceedings.
2. The matters deposed to herein are true and where they are,based on documents in my possession, they are true to my best information, knowledge and belief.
3. I crave leave to reply to Kwok Charn Kong’s affidavit filed or 30 November 2010.
4. According to my mobile phone, the time of my arrest was 6.30am on the morning of Sunday, July 18. I had got to sleep about three hours earlier at around 3.30am. The next thing I was aware of was hearing a series of loud bangs on my hotel room door with shouts of ‘open up, this is the police.’ When I staggered to the door still half asleep four men in plain clothes barged into the room. One was holding an envelope and he told me he had a warrant for my arrest. When I asked why he replied ‘For illegal communication’ and when I asked what that meant he said he would explain later. Then they all started ransacking the room, pulling off bed-st)eets, looking under the bed and in the wardrobe and drawers and at the same. time I was harassed to get dressed quickly and pack my belongings.
5. I wanted to shower but they refused to let me do this and would not let me use the bathroom with the door closed. They gave me only enough time to pee and clean my teeth, I was not allowed to shave or shower. This constant bullying harassment went on all the time until I had packed all my possessions. My two mobile phones and my passport were taken from me at the same time. I did not take my prescription drugs, as Mr Kwok claims – he was not there anyway -because with a combination of three I have to take one of them in particular with food. It was too early anyway. I usually take the first batch around 9am at breakfast.
6. I was then bundled down the stairs to a side entrance where a car was waiting and I sat between two officers on the back seat. At police HQ I was taken to room on the 18′h floor. All my possessions were taken from me including my wallet, credit cards, cash, and laid out on a table in front of me. All the items were photographed and then I was photographed. After this I was taken to a cell and had to sit or lie on a concrete floor. If Mr. Kwok says I was able to sleep for a total of 9 hours during my almost two day stay there, he is wrong. I could not sleep at all. I was given some cold rice and soggy vegetable and a cup of some liquid which might have been coffee. Shortly after, I was taken to see the doctor who examined me. I was then escorted back to my cell. A little later a guard came to the cell,. handcuffed me and took me to a room where my prescription drugs were being held. There I was supervised taking the Morning combination: Norvasc, Co-Approval and Coversyl. All this time I was wearing only a pair of briefs, light trousers and a thin T-Shirt. My belt, shoes and socks also had to be surrendered.
7. Later that morning, possibly around 10am, I was taken to an. ‘interview’ room and told to sit at a table under an air vent. I immediately felt a jet of cold air down the back of my neck. Officer Kwek came into the room and introduced himself as the investigating officer. He gave me three envelopes containing papers outlining three charges against me arising from my book Once a Jolly’ Hangman. I noticed that he was warmly dressed with his zip-up jacket collar turned up. He then began asking questions concerning some of the statements I made in the book. He told me I could make changes and I understood that if any errors had been made that this would entail one complete statement with the errors removed. But later he said all the statements – errors or not – would be printed as one and that I would not be able to have a copy. The questioning went on all day with normal breaks. The total~time each day was approximately ten hours. I did not say in the Affidavit that I was starved or prevented from using the toilet but that this whole ordeal was brutal and uncivilized. Lord Anthony Lester, a human rights lawyer in London, told me during a telephone call after my release thelt it reminded him of a famous book The Trial and described my questioning as ‘Kafkaesque’. This is a term similar to ‘Orwellian’ – from ‘l984′ the futuristic book. by George Orwell – about authoritarian societies based on Machiavellian princ~ples and techniques and which I understand are not – surprisingly – banned in, Singapore, (perhaps they are used as police text books), but the techniques – the use of fear and threats – appear to be thriving as they did in the Middle Ages.
8. I must also repeat that if I were a dangerous terrorist with bombs and guns in my suitcase, an armed bank robber or money launderer I would not be in a position to complain. I am a 76 year old writer – and people of my age usually have all kinds of ailments. My medical problems concern my long term heart disease and my risk of developing colon cancer again – twice so far over the past eight years. In August I underwent a colonoscopy procedure at Gleneagles Hospital. Ten days later I almost bled to death in the street – the result of something going wrong with the operation. Had I not been rushed to the emergency ward I would have collapsed and died before anyone would know the cause. A doctor and nurse at Gleneagles said had I arrived half an hour later it, would have been too late. This is just one example of the stress this persecution has caused me over the past four months. Someone should have used their common sense when planning my arrest. It could have been done in a very civilized manner especially as Singapore continually proclaims itself to be a civilized, ‘First World’ country. If not as strong as I am, I could very likely have had a heart attack there and then that morning.
9. Concerning the timing of my arrest, the Straits Times published a report issued by the CID that I’was arrested at 8.30am. Mr. Kwok says it,was 7.40am. I say it was 6.30am and I will stick to my version of what time it was. I was there and I have no reason to change the time – as it seems the CID now has. After almost two days in custody either lying on a concrete floor or being interrogated, I was released- on bail at close on midnight having at that late hou.r to find a hotel which would admit me, without a passport. I did not surrender,, this document as a condition of bail, as it had already been confiscated aloog with all my other possessions. The bail was also conditional that I returned to continue the interrogations every day. At the same time I had to change hotels almost everyday. I was not given any special time to do this and the pressure on me to ‘cooperate’ continued until my lawyer M Ravi complained to Officer Kwek and sent him my medical reports which explained the many procedures I was undergoing and about to undergo to ensure my heart condition stabilized. This was successful after being prescribed four special heart muscle strengthening vitamins and an additional blood thinner.
10. This ordeal continued until Friday morning when I decided to see my GP at Silver Cross Clinic, Bukit Timah, where I used to live. I was extremely fatigued and had worrying chest pains. After various tests and reading my six year record on the clinic’s database, she made an appointment for me to see my long-term cardiologist, Dr. Peter Yan, at Gleneagies Hospital. My GP and Dr. Yan recommended that the interrogations should stop until my heart condition was under control. He put me through many tests, including an MRI, a 24-hour heart monitor, and two treadmill tests. At one stage he described my heart beat as being ‘all over the place.’ He prescribed four special heart strengthening vitamins plus an additional blood-thinner which, together with my five prescription drugs, at a cost of $800.00 per month. The total medical costs involving four doctors and specialists at Gleneagles and Mount E hospitals total almost $15,000 which has caused an overdraft at my bank. -There is no doubt whatsoever that the ordeal I was put through – and which is continuing unabated as far as the AG’s Chambers is concerned – has had a deleterious effect on my general health. I have in my possession four finisher’s medals for half marathons in Singapore – all of which were completed in less than three hours. Today I can hardly walk 500 meters without feeling thoroughly fatigued. This confirms my belief that the barbaric ordeal I have been put through ha’s had a very serious effect on my health and that a pacemaker and double angioplasty should be obtained as soon as possible.
11. However, once I felt more comfortable and relaxed after the medical treatment which stabilized my heart condition, I twice suggested to Officer Kwek that if he wanted to continue with interrogations I would be willing to cooperate provided they were not long and exhausting as before. He referred me to my lawyer M. Ravi I did not say at any time that Officer Kwek behaved in an uncivilized manner towards me. I was referring to the barbaric method of arresting me at dawn, harassing me to get dressed and packed, put in a cell for almost two days unable to shower or shave and with only a concrete floor to sleep on. In addition to this I found it extremely uncomfortable sitting under a cold jet of air from the vent – deliberately, I have since been told – which is one of the Machiavellian methods used to undermine the morale of those under being interrogated. When I complained Officer Kwek allowed me to sit at the end of the table away from the air vent. However, the room was still very cold and uncomfortable. To say that I was allowed to have toilet breaks and given refreshments.at intervals, however, is rather strange. I thought eating and relieving oneself is a normal human need and I hope, had I been starved and prevented from going to the toilet while being interrogated in a cold room, is something even Singapore would not have perpetrated. Again, I would like to emphasize that I am not a terrorist, a bank robber, rapist, or ‘overstayer’ and there was no need to treat me in such an ugly and uncivilized manner,
12. Then for the Attorney General to ‘remind’ me of my rights to request the return of my passport without conditions in order that I may spend Christmas with my family and seek further medical attention in the UK, as Dr. Yan advised me to consider in the r)ear future, then rescind the offer by making it impossible by imposing an $80,000 bond is further evidence of Singapore’s duplicity in the administration of justice. This also helps to confirm much of what I have said in my book Once A jolly Hangman: Singapore Justice in the Dock.
13. In view of all the above, I have instructed my legal advisors in Singapore and London to begin proceedings for malicious prosecution.
14.Annexed herewith, Exhibit “A”, are copies of the numerous letters (inclusive of fax transmissions) sent, by my counsel Mr. M. Ravi, to the police, entailing the extent to which t~ie police had harassed me in the name of investigations and the extent to which my counsel had to go to preserve my health and sanity,
Affirmed by the abovenamed
ALAN SHADRAKE
The Straits Times reported the Dec 2nd hearing this morning. No mention was made of Shadrake’s intention to take legal action against Singapore.
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What nonsense!!
Barbaric state!
To ‘Shadrake FAIL’
Have you forgotten that the defendant is not a Singaporean? It is not about a Singaporean taking a Singaporean affair to the International Court.
Are you saying fighting SG is like fighting terrorists? They can kidnap you & do whatever, if you want to overcome them, you just fight literally?
just read the book.It really was literally an “eye opener”.i just can’t believe that such thing existed here.!it’s cruel.How can someone be so unethical to have 47 tao out of a desperate father’s love for his son.It’s terrible that Mr sudah ankak can selectively choose what not to disclose that may save the client’s son.inhumane!
To Kick Ass,
The fact that Shadrake is not Singaporean is immaterial. Virtually all international courts base their jurisdiction on State consent, e.g. if that State had signed a treaty which grants jurisdiction to that court over that specific issue.
There is no principle in international law that allows one State to haul another State before an international court, without the latter’s consent in some form or another.
For example, for the ECHR to have jurisdiction over this issue, Singapore must be a party to the European Convention on Human Rights. Obviously, Singapore is not. Therefore, the ECHR has no jurisdiction whatsoever.
To ‘Shadrake FAIL’
If SG court does not consent, it makes a very LOUD statement to the World that it does has things to hide. Both ways Alan is successful in making his point.
I can bet you it won’t stop there. The plot thickens & it is a juicy tale to tell for Alan (being a writer).
In this case, SG can wriggle out of the courts but no way out of being in the spot light for the wrong reason.
Just remember, no one is above the law in the real sense.
If Alan pursues by himself (consent of SG or not) & writes or reports on SG’s reluctance to come to Int’l court, is SG really not interested in clearing its name? What does it show? It will only show even more badly on SG!
If you are accused & the story is splashed all over the World, will SG still not consent to clear its name?
This very case proves that freedom of speech is more important than legality. Without it, good men are doomed.
Let me put it more accurately:
If you are accused, BUT GIVEN A CHANCE TO PROVE OTHERWISE, meaning to clear your name, (argue your case in a court, Int’l or not), and you turn it down. What does it show?
This becomes interesting. Just to cite a critique on the ‘Hangman’ from Margaret John, Amnesty International Canada: Alan Shadrake’s book, ‘Once a Jolly Hangman’, is a timely contribution to growing critisism of Singapore’s shameful use of the death penalty.
Spore has forgotten that you should never open a box of Pandora. I hope the ‘old man’ will survive the outcome
There is a tv prog in the UK called “Banged up Abroad”, this is about people arrested for whatever reasons & their treatment. The cases are all from 3rd World countries. Alan’s description of his has a lot of similarities. His might appear in the series when it comes back.
Just to let my fellow Sporeans know, I read of Alan’s case on the local papers & heard it on the radio as well. Someone in this forum said that it is totally absent in ST. How come?
Well Done Mister Shadrake, Very Well Done.
It is about time someone like you give these bullies in Singapore a bloody nose for doing what they never should have done to you in the first place.
I hope some directors can cast this story into a film called “modern Hitler hands” who control Shit Times and Kangaroo court into one entity and silenced all their critics by torturing them in prisons. The old and ailing ones such as Alan are not spare the brutality too. Can’t believe this is happening if Alan did not disclose how he was arrested.
for the sake of suffering singaporeans, would the ICJ hearings be shown ‘live’ on all European TV media?
To Shadrake FAIL:
Do you actually believe that Ravi and Shadrake have put no thought into pursuing this course of action if there was absolutely no possibility that a judgement by the European court can have an impact on Singapore, Singapore not being in European jurisdiction notwithstanding.
Shoddiness may be a trademark of the PAP government and its supporters, but I doubt that Ravi and Shadrake fit into that category.
Will TOC assist all grateful Singaporeans who are willing to contribute to an “Alan Shadrake Defense Fund” ?
Perhaps direct us to the address of M Ravi’s office, where cash deposits can be made !!!
To Kick Ass,
Good try.I mean either ICJ or ECHR is the Goliath and Singapore which is tiny but powerful in intl.respect is David.
The West already in dip shit with their financial woes and with its own citizens.How could it be bad for Singapore to slay its head off.
To Kick Ass,
Singapore always stand firm in its actions and beliefs, rightly or wrongly.Do you remember the banishment of F.Seow and Tan wah piow,the injustice done to J.B’s and Chee S.G.’s freedom of speech,the forced closure of the New Nation newspapers?Were not there an outcry from intl. communities?.And what makes you think that PAP is now concerned about shames and reputation?.I doubt very much things would change from this court challenge.
I pray for Mr Alan’s well-being and petition to the “ALMIGHTY” on his behalf for his heroic deeds in overcoming those obnoxious demons.S’poreans are in such pathetic stage due to the blinded and foolish trust on the regime and have now much causes for regret.If we don’t get together now and in unity effect a change to our political scenerio,we’ll be very SORRY for our future!
I think remember it was the government of Spore and its leaders who accused Chee for washing its dirty linen in the public many years ago when Dr Chee came to prominence.
However, over the years, it seems this tactics is not working as more and more news and ‘dirty linens’ are being washed now esp in the Internet world. Like the Big Escape, the Recapture, the MRT, and recently, the Chinese who overstayed in Spore for >12 years.
Of course, MSM is trying to damage control and put a lid on such exposure. Not sure if i am right, the news on the overstayee is still yet to be published in the ST.
@Robox,
I tend to agree with Shadrake Fail.Cannot recall when Singapore has bowed to foreign parties.
preston loon, 4 December 2010
S’pore govt does bow to foreign pressure- cheap FTs/FWs, MNCs. otherwise how to explain certain mature HDB estates in prime districts can be reserved for FWs?
After carefully reading the judgment on Shadrake, I do agree with Shadrake FAIL…my feel is that the European Court will not take-up the case, as if they do, they have to proved otherwise quite a fair bit of issues which the judgment had delivered against Shandrake.
If we stay rational at what had transpired within this case, there were indeed many errors on Shandrake’s part as well (though I think Singapore’s government should have just published an offoical rebuttal to the book rather than prosecuting him).
http://www.singaporelawwatch.sg/remweb/legal/ln2/rss/judgment/11759.html?utm_source=web%20subscription&utm_medium=web&title=Attorney-General%20v%20Shadrake%20Alan%202010%20SGHC%20327
I also think the Singapore government should learn how to be “thick face” when dealing with such allegations by a writer who is out to make a name, for himself at the expense of other’s integrity!
Seow
the European Court will not take-up the case, as if they do, they have to proved otherwise quite a fair bit of issues which the judgment had delivered against Shandrake
……….
you THINK liked leekingyou..y7ou act as though you are the lord mperor of nation earth…
the european courts will love a piece of leekingyou’s karchng..win or loss doesn’t really matters
just in case you and shadrake fail don’t know what can the uropeans do to singapore proved that both YOU/shadrake fail is a bloomin IDIOT!!!
do you know the former south african white government? they think liked YO)U/shadrake fail and act arrogant towards the WHOLEwideworld…
what did south africa gets in returns?
no trades/no sports/no friends
used your bloomin brain for a moment..
why do you think myamer military government is lettin loose aung san?
how long can they be arrogant? only 1st to trade with asean?
think for a moment…used your brain..do you just want to buy your iphone/ipad/imac from bataam?
if/when the wholewideworld start aparteih against singapoor..
YOU mereLEE think YOU got nothin to lose @ all?
where do your daily porks comes from?
where do your riceseedscome from?
without ALL this..who is sufferin in the end?
we all the peasants sufferred just for 1 arrogant famiLLEE?
Preston Loon
- “either ICJ or ECHR is the Goliath and Singapore which is tiny but powerful [in intl.respect?] is David.”
The case is Alan against SG Govt, not ICJ or ECHR against SG. The slaying ground in ICJ or ECHR. Get your facts right first otherwise you are chasing your own tail.
- “The West already in dip shit with their financial woes and with its own citizens.How could it be bad for Singapore to slay its head off.”
So now it is SG vs the WEST? Slay the West’s head off & you won’t get your glitzy buildings, SG Flyer & casinos etc you know. And financial woes or not, citizens watching the Govt or keepting them in check is an everyday affair.
Preston Loon
- “Cannot recall when Singapore has bowed to foreign parties.”
This explains why the resort to cheap labour & casinos. Unless they are Mugabe type, decent foreign investors & even visitors are put off. The recent saga are bad publicity for SG.
Has not does not mean it will not happen. The is the first to be taken OUTSIDE SG.
Shadrake FAIL
There is no principle in international law that allows one State to haul another State before an international court, without the latter’s consent in some form or another.
…………..
ole you meant if leekingyou can hauled alan to a singapoor court..alan can says i dont played with you?
where was this been published?
was it in singapore?
and if you are still too frickin stupid..
did leekingyou hauled mathatail to icj/world court over the pedranca isles issues?
wah you suka suka changed the law liked leekingyou?
must pauchiak before proceedin?
To Mice is nice and Kick Ass,
Bow to economics pressure yes but not to political pressure from outside.Do you really believe businesses like Casino Sands and MNCs are willing to forsake the ‘golden calf’ for Alan or anyone who have no significance in the world stage.Look at Dalia Lama who has been chased out of his homeland and still being exiled for almost
5 decades.Why?.The big businesses are chasing after the ‘golden calf’ image of China as well as Singapore.Like some of those who commented on TOC that Singaporeans alone can change Singapore.I stand by that comment.
To everyone unclear about international law and procedures in the European Courts (ECHR and ECJ), please read the following articles carefully before commenting:
http://en.wikipedia.org/wiki/European_Court_of_Human_Rights
Jurisdiction (authority) of ECHR: 47 member states of the Council of Europe
http://en.wikipedia.org/wiki/European_Court_of_Justice
Jurisdiction of ECJ: EU members
http://en.wikipedia.org/wiki/International_Court_of_Justice
Jurisdiction of ICJ: 192 member states of the United Nations
As Singapore is not a member of the EU or the Council of Europe, the ECJ and ECHR have no authority to judge Shadrake’s case against Singapore. The ICJ can only judge the case if it is brought before the court by two member states (e.g. the UK and Singapore), and if both member states accept the ICJ’s jurisdiction, which was the case for Pedra Branca. The ICJ does not accept individual submissions, so Shadrake cannot take Singapore to court there. Moreover, it is highly unlikely that Singapore would consent to ICJ jurisdiction in the Shadrake case, even if the UK did accept to take the case to the ICJ. In the Pedra Branca case, Singapore accepted ICJ jurisdiction becase it was confident of winning the case against Malaysia, and Malaysia also felt its chances were good. Many international disputes, such as the Spratly Islands case, remain unresolved simply because one or more parties refuse to accept ICJ jurisdiction.
As a student of international law, I hope I have helped to clarify the issues concerned. Much as I personally sympathise with Shadrake, I do not think it is legally possible for him to take Singapore to either European or international law courts, which is perhaps why ST did not report on this issue. The only possible international legal mechanism I can think of would be for him to file a memorandum with the AICHR (Asean International Commission on Human Rights) as was done in Yong’s case (another case which highlights the difficulties of international legal intervention), but given the Asean countries’ general stand on human rights, it is unlikely that this would have much effect.
Y
As a student of international law
………….
are you realLEE 1 student or a permanent secretary in the prime minister office?
do not THINK if you don’t know for i will DEMAND which temple you come from
then i will send the temple that trainned you for an xplanation regardin LAW..all sorts includin 369 law..
p.s. stopped postin wikipedia links…
everybody ere will automacticaLLEE be directed to wikipedia when you used a searched engines..
why AICHR? maybe leekingyou hav inside lobang to settle right? if AICHR is so clever in medatin..it would had inform leekingyou that in the 1st place he got no case against shadrake for the author didn’t sell/published his book in SINGAPORE…
onced again..go back to the INNS to restudy again…
What a load of legal crap the Singapore govt is dragging this poor man thru’….and it’s all about money, and ruining his life.
The world will see what a dictatorship govt Singapore is.
No freedom of speech, or press, no human rights,
and the PAP behaves just like Nazi Germany, when they burnt the books, and Lee Kuan Yew is the Hitler of Singapore!
Y, 5 December 2010
so you saying S’pore govt think their chance of winning very low lah. that’s why dun dare go ICJ tough it out is it?!
last time is A-team, now become Aye-team, no wonder S’pore so screwed up….
@May Chu,
Aiya!,please do not be so harsh on our founding father lah.He did not exterminate any Singapore minorities,did not gas any one in a gas chamber.He did not invade our neighbors.LKY does not deserve to be called Hitler.Hope you can just concentrate on his wrong policies and maybe Singaporeans might respect you more.
May God bless you, we Singaporeans are with you.
May God bless you Shadrake, we Singaporeans are with you.
@ May Chu Harding,
Hitler would probably take offence being compared to our despot. I believe Hitler despised traitors and cowards, especially those gifted with a fork-tongue. LOL
by the way May, if a thousand and one preston loons praise you, will you feel a sense of achievement? LOL
To: Preston
It is unfortunate that you cannot see that there are many ways that people can be cleansed out.
LKY’s bringing of FTs by the thousands, is a form of extermination of the Singaporean.
Singaporeans are losing their jobs to all of these FTs.
So for Singaporeans to compete with the FTs, the average Singaporean has to get a job ‘lower in salary’ than the FTs?
There is no financial safety net for Singaporeans who have lost their jobs. They are all on their own.
There is no freedom of press, no freedom of media.
What LKY does know how to do is grab as much money from Singaporeans and others.
Singapore hangs the ‘mules’ who are caught with drugs, yet the Govt allows the druglords from Burma, Afghanistan, and elsewhere to settle down in Singapore.
There are many many more ways to the dehumanization and the extinction of people. Hitler made it obvious.
LKY’s method is thru’a a financial stranglehold of the people.
Preston,
It’s nice to have a PAP Lobbyist here to defend Singapore’s policies.
What I have written is the truth.
So rock on dude.
I’m simply saying that the European courts have no power to hold legal proceedings against Singapore, for the simple reason that Singapore is not bound by European laws and conventions (such as the European Human Rights Convention).
Shadrake cannot technically sue Singapore in European or international courts, unless the Singapore government consents to be judged by the ICJ.
Much as I support Shadrake’s cause, I don’t understand why he threatened to sue Singapore in European courts when it is not legally possible to do so.
I am only a student, so I would appreciate it if anyone here with professional legal knowledge could clarify this. Thanks.