Mahathir wrong in saying ISA better than SOSMA?

Dr Mahathir is wrong about Security Offences (Special Measures) Act (SOSMA) - SOSMA cannot really be compared with the Internal Security Act(ISA)

The ISA provides for Detention Without Trial, and under the ISA, there were also some offences, which did even provide for the death penalty.

SOSMA, on the other hand, provides only  for 'special measures' ...which undermines fair trial principles and requirements to ensure justice...

SOSMA is a law that provides for ‘special measures relating to security offences for the purpose of maintaining public order and security and for connected matters’. There are ‘special measures’ from the point of arrest until the end of trial, which do undermine the rights of the suspect and/or accused, including the right to a fair trial.

When SOSMA is used, the police no longer need to get a Magistrate’s order for the purposes of remanding a suspect for more than 24 hours. All that is required by SOSMA for detention beyond 24 hours is that ‘a police officer of or above the rank of Superintendent of Police…’ to ‘…extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation’. As such, the necessary check and balance provided by the Magistrate and the courts to ensure that the police do not abuse their powers and/or unjustifiably deny a suspect his freedom is gone.

SOSMA also provides that no bail will be granted for persons charged with security offences, save for very limited exceptions. SOSMA also allows the court to accept evidence of witnesses, in the absence of the accused person and his lawyer. In essence, SOSMA allows for the abandonment of many of the fundamental requirements, safeguards and rights necessary to ensure a fair trial. - OPPRESSIVE LAWS: Repeal SOSMA & offences criminalizing activities ‘detrimental' democracy’ - MADPET (Malaysia Chronicle)

SOSMA could be used for security offences, and these offences are defined in the Act - the are essentially offences under the Penal Code, Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and Special Measures Against Terrorism in Foreign Countries Act 2015

SECURITY OFFENCES Penal Code [Act 574]:

(i) Offences under Chapter VI
(ii) Offences under Chapter VIA
(iii) Offences under Chapter VIB

Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 [Act 670]:

Offences under Part IIIA

Special Measures Against Terrorism in Foreign Countries Act 2015 [Act 770].

What is there in the SOSMA? (List of the Sections of this Act is as follows)

Briefly:- 

Arrest and Detention 

-  Allows for detention of persons up to 28 days - without having to go to court and get a remand order from the Magistrate.

- During this 28 days, alternatively the suspect could be released and an electronic monitoring device be placed on his/her person

Bail - this could be denied except for a person below 18, woman, sick or infirm person

Trial

- Witnesses Identity, Face and even Voice > could be 'hidden' from the accused and his lawyer

Evidence Act requirements could be avoided 

Even if set free by the court - could be further detained until the prosecution files an appeal, and until the appeal process ends.

Privacy - gives the power to the police to monitor any of our communications...anytime if there is a belief that we may be committing a 'security offence' - all that is needed is for the prosecutor/police to ' considers that it is likely to contain any information relating to the commission of a security offence...' - would that not lead to some people being continuously monitored?

                Preamble

PART I   PRELIMINARY

1              Short title and commencement

2              Application

3              Interpretation

PART II   SPECIAL POWERS FOR SECURITY OFFENCES

4              Power of arrest and detention

5              Notification to next-of-kin and consultation with legal practitioner

6              Power to intercept communication

PART III   SPECIAL PROCEDURES RELATING TO ELECTRONIC MONITORING DEVICE

7              Special procedures relating to electronic monitoring device

PART IV   SPECIAL PROCEDURES RELATING TO SENSITIVE INFORMATION

8              Sensitive information to be used as evidence by the Public Prosecutor

9              Notice of accused's intention to disclose sensitive information

10           Hearing of the disclosure of sensitive information by the accused

11           Sensitive information that arises during trial

PART V   TRIAL

12           Trial of security offences

13           Bail

PART VI   SPECIAL PROCEDURES RELATING TO PROTECTED WITNESS

14           Evidence of witness given in a special manner

15           Identification by witness where evidence is taken in camera

16           Protection of witness' identity

PART VII   EVIDENCE

17           Inconsistency with the Evidence Act 1950

18           Statement by any person who is dead, etc.

18A        Statement by accused

18B         Communications during marriage

19           Conviction based on testimony of a child of tender years

20           Documents or things seized or howsoever obtained

21           Evidence of identification of accused or other person

22           Lists of documents and things

23           Non-production of exhibit

24           Admissibility of intercepted communication and monitoring, tracking or surveillance information

25           Admissibility of documents produced by computers and of statements contained therein

26           Evidence of accomplice and agent provocateur

PART VIII   MISCELLANEOUS

27           Power to record statements and confessions

28           Protection of informer

29           Access by police to detainees or prisoners

30           Detention pending exhaustion of legal process

31           Power to make regulations

32           Repeal and savings

                FIRST SCHEDULE

                SECOND SCHEDULE

 

Mahathir, is however right, with regard these offences for which Khairuddin is suspected of committing - these new offences only came into being in July 2012. They are vague - with no clear definitions, making it easily abused by the government..

Khairuddin was first arrested and remanded for investigation on 18/9/2015 under section 124C of the Penal Code, being the offence of ‘attempts to commit an activity detrimental to parliamentary democracy or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years’. This is one of the new offences included into the Penal Code, which came into effect on 31/7/2012. It is too vague since there seems to be not even a definition as to what really would be an ‘activity detrimental to parliamentary democracy’, and as such could very be easily abused.

On 23/9/2015, when the courts released him after possibly denying the police application for further remand, Khairruddin was immediately re-arrested for allegedly committing offences under Section 124K and 124L of the Penal Code. This would be the offence of committing ‘sabotage’ and attempting to do so respectively. - OPPRESSIVE LAWS: Repeal SOSMA & offences criminalizing activities ‘detrimental' democracy’ - MADPET (Malaysia Chronicle)

...Because if you are accused of sabotage – and sabotage is not defined – you can be jailed for life," Dr Mahathir told a press conference in Kuala Lumpur today..."So Khairuddin is facing this problem. What he has done of course can be called sabotage because the definition is not given. The government can make a definition, that if you do something like this, it is sabotage, and therefore you should be jailed for life." Dr Mahathir said

ISA CANNOT BE BETTER - HERE MAHATHIR IS WRONG

How can the ISA, which provided for Detention Without Trial - which allows the government to detain people indefinitely...be better. A person detained under the ISA could not also challenge the reasons for the detention in court. These 'reviews' that Mahathir is talking about is not reviews by the courts - but by essentially the 'government'.

"So the people do not like the ISA before, where you get two years and review and all that, and you may even be released before two years. Now you have the possibility of being jailed for the whole life."

In any other cases, the courts will determine the guilt or the innocence of a person - and if not satisfied, one can appeal to a higher court...still not satisfied - still can appeal.

Under the ISA - the one who decides is the MINISTER(the Executive) - the police and prosecutors are all under the Executive... Hence, there is no 'check and balance' by the Judiciary even about the alleged reasons for the detention. 

So, a person totally innocent could arrest and kept in detention under the ISA on some baseless allegations - and nobody can do anything about it. [In other cases, when someone is accused of doing something against the law, there is the obligation for the prosecution to prove this to the court, and the accused will have the opportunity to defend himself...and ultimately, the Judge decides..]

So, of course, ISA is far WORSE... people can be detained indefinitely....

Sosma worse than ISA, Dr Mahathir says after Khairuddin’s arrest

BY ANISAH SHUKRY

Published: 30 September 2015 1:06 PM | Updated: 30 September 2015 4:44 PM

Tun Dr Mahathir Mohamad says the scrapping of the ISA has only led to it being replaced by an even worse law. – The Malaysian Insider pic, September 30, 2015.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Security Offences (Special Measures) Act, or Sosma, is worse than the Internal Security Act (ISA) it replaced, Tun Dr Mahathir Mohamad said today, following the arrest of 1Malaysia Development Bhd (1MDB) critic Datuk Khairuddin Abu Hassan. The former prime minister, a strong proponent of the now-repealed ISA, said Khairuddin could be detained for life under Sosma as the Act did not define the word "sabotage".

"Because of the detention of Khairuddin, I studied this and I found it worse than the ISA. Because if you are accused of sabotage – and sabotage is not defined – you can be jailed for life," Dr Mahathir told a press conference in Kuala Lumpur today.
"So Khairuddin is facing this problem. What he has done of course can be called sabotage because the definition is not given. The government can make a definition, that if you do something like this, it is sabotage, and therefore you should be jailed for life." Dr Mahathir said critics of the ISA successfully pushed for the Act, which allows detention without trial, to be abolished in 2011, under Prime Minister Datuk Seri Najib Razak's leadership.

But the scrapping of the ISA only led to it being replaced by an even worse law, said the country's longest-serving prime minister.

"So the people do not like the ISA before, where you get two years and review and all that, and you may even be released before two years. Now you have the possibility of being jailed for the whole life."

Dr Mahathir added that he may very well be arrested under Sosma himself, given the comments he made to the press of late about Najib and the government.

He admitted he was not prepared for such a possibility given his age and health, but added that even "nyanyok people", or people with dementia, could not escape the brunt of the law.

"If I am guilty I will have to go for life imprisonment... I'm not ready, I'm old, not very well, unable to think, nyanyok, you know?

"But even nyanyok people have no excuse for saying the wrong thing," Dr Mahathir said.

Khairuddin was rearrested last Wednesday under Sosma for investigations into alleged attempts to sabotage the government by lodging reports with foreign investigators against debt-ridden 1MDB.

The former Batu Kawan Umno vice-chairman was first arrested on September 18, and rearrested on Wednesday under Sosma, a preventive detention law that allows for detention without trial for up to 29 days.

Khairuddin first lodged a police report against the Finance Ministry-owned 1MDB in December last year, and was subsequently removed from his Batu Kawan Umno vice chief position for being declared a bankrupt. He recently lodged reports with authorities in Hong Kong, Switzerland, France and the United Kingdom. – September 30, 2015.

- See more at: http://www.themalaysianinsider.com/malaysia/article/sosma-worse-than-isa-dr-mahathir-says-after-khairuddins-arrest#sthash.XwceUjxL.dpuf

Sosma cannot bypass normal procedures, safeguards, rights (FMT News)

Sosma cannot bypass normal procedures, safeguards, rights

Suresh Kashuerin

 

 | September 28, 2015 

 

The proof of guilt is not a matter for the police or prosecution to determine but a Court of Law.

KUALA LUMPUR: Malaysians Against Death Penalty and Torture, MADPET, warned in a statement that the authorities concerned cannot avoid normal procedures, safeguards and rights by invoking the Security Offences (Special Measures) Act 2012 (SOSMA). “It’s important to adhere to the legal principle that a person is presumed innocent unless proven guilty.”

“This proof of guilt is not a matter for the police or prosecution to determine but a Court of Law.”

The NGO was expressing shock that sacked Umno Batu Kawan deputy divisional chief Khairuddin Abu Hassan was reportedly being held under SOSMA for reporting alleged cover-ups on wrongdoing at 1MDB and attempts to sweep them under the carpet. “His arrest seems to be designed to deter the people from lodging reports against powerful personalities and companies.”

The NGO called for Khairuddin to be released immediately, SOSMA scrapped and any law that talks about activities detrimental to parliamentary democracy be abolished.

MADPET Spokesman Charles Hector noted that Khairuddin was initially held under section 124C of the Penal Code for “attempts to commit an activity detrimental to parliamentary democracy”.

Even this section, he added, was too vague since there seems to be not even a definition as to what really would be an activity detrimental to parliamentary democracy. “This section can be easily abused and should be removed from the books.”

“When the Court released Khairuddin last Wednesday, possibly denying the police application for further remand, he was immediately re-arrested outside the Court under sections 124K and 124L of the Penal Code for the offence of committing ‘sabotage’ and attempting to do so respectively,” said Hector.

The NGO wants to know whether there was new evidence to justify Khairuddin’s re-arrest after being released by the Court. “Unless new evidence had come to light, following his release, an immediate re-arrest of a suspect would be wrong.”

“If Khairuddin’s re-arrest was for a different offence, based on the same parts of the Penal Code, and based on the same facts, the re-arrest would be wrong.”

Hector charged that the police seemed to have no respect for the Court that released Khairuddin. “They had five days during remand to investigate him on the alleged offences. There was no need to re-arrest him and put him under further detention.”

If SOSMA is used, he pointed out, the police would be shutting out the Court as it would not be able to ensure that the authorities concerned are not abusing their powers of remand.

“There’s no necessity to continue to hold a suspect in detention, after being released, as he could always be called to give further statements,” said Hector. “If the prosecution has sufficient evidence, rightly the person should be charged in Court, and any application for bail could be challenged. Even if released on bail, the Court could order that the accused not leave the country.” - FMT News 28/9/2015

Full MADPET Statement - see MADPET Blog

OPPRESSIVE LAWS: Repeal SOSMA & offences criminalizing activities ‘detrimental' democracy’ - MADPET (Malaysia Chronicle)

28 September 2015 11:01(Malaysia Chronicle)

OPPRESSIVE LAWS: Repeal SOSMA and offences criminalizing activities ‘detrimental' democracy’ - MADPET

MADPET (Malaysians Against Death Penalty and Torture) is shocked by the actions taken by the Malaysian police against Datuk Seri Khairuddin Abu Hassan for allegedly lodging reports with relevant authorities in other countries against 1Malaysia Development Berhad (1MDB), a private company owned by Malaysia.

Khairuddin was first arrested and remanded for investigation on 18/9/2015 under section 124C of the Penal Code, being the offence of ‘attempts to commit an activity detrimental to parliamentary democracy or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years’. This is one of the new offences included into the Penal Code, which came into effect on 31/7/2012. It is too vague since there seems to be not even a definition as to what really would be an ‘activity detrimental to parliamentary democracy’, and as such could very be easily abused.

On 23/9/2015, when the courts released him after possibly denying the police application for further remand, Khairruddin was immediately re-arrested for allegedly committing offences under Section 124K and 124L of the Penal Code. This would be the offence of committing ‘sabotage’ and attempting to do so respectively.

Normally, when a person is arrested, being suspected of committing a criminal offence, the procedures and rights that are provided for in the Criminal Procedure Code applies. The police after arrest, can hold a suspect for no longer than 24 hours, and thereafter, if there is a need for further remand for the purposes of investigation, the police need to apply to the Magistrate for a remand order. Subsequent remand applications are permitted, whereby the total period of permissible detention for this purpose is 14 days. The Malaysian law now also sets limits on the maximum number of days of remand that can be granted by court on the first application, and applications thereafter.

Following the 2nd arrest of Khairuddin, the police allegedly stated that they would now rely on the Security Offences (Special Measures) Act 2012 (SOSMA), rather than the normal Criminal Procedure Code(CPC).

Avoiding normal procedures, safeguards and rights by invoking SOSMA

SOSMA is a law that provides for ‘special measures relating to security offences for the purpose of maintaining public order and security and for connected matters’. There are ‘special measures’ from the point of arrest until the end of trial, which do undermine the rights of the suspect and/or accused, including the right to a fair trial.

When SOSMA is used, the police no longer need to get a Magistrate’s order for the purposes of remanding a suspect for more than 24 hours. All that is required by SOSMA for detention beyond 24 hours is that ‘a police officer of or above the rank of Superintendent of Police…’ to ‘…extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation’. As such, the necessary check and balance provided by the Magistrate and the courts to ensure that the police do not abuse their powers and/or unjustifiably deny a suspect his freedom is gone.

SOSMA also provides that no bail will be granted for persons charged with security offences, save for very limited exceptions. SOSMA also allows the court to accept evidence of witnesses, in the absence of the accused person and his lawyer. In essence, SOSMA allows for the abandonment of many of the fundamental requirements, safeguards and rights necessary to ensure a fair trial.

Was there new evidence after release to justify immediate re-arrest?

Unless new evidence has come to light since the release, an immediate re-arrest of a suspect would be wrong. Eventhough, Khairuddin’s re-arrest may be for a different offence, which happens to be under the same Part of the Penal Code, which most probably are based on the same facts would also be wrong. The police could have very well during his 5 days in detention investigated him concerning all related offences – there is no need for a re-arrest and further detention. Furthermore, considering that he was released by court, the action of police seems to be an act of disrespecting the court. Now, using SOSMA in this re-arrest, the police shuts out the court’s ability to ensure that the police are not abusing their powers of remand.

It must be stressed that after a suspect is arrested, there is always the option to release the suspect on police bail on condition that he presents at the police station as and when needed to facilitate investigations. There is no necessity to continue to hold a suspect in detention for the purposes of investigation.

If the prosecution has sufficient evidence, rightly the person should be charged in court, and any application for bail could be challenged. Even if released on bail, the courts could order that the accused not leave the country.

Punishment Comes After Conviction – Presumption of Innocence

MADPET reiterates the importance of adhering to legal principle that a person is presumed innocent unless proven guilty, and this ‘proof of guilt’ is not a matter to be determined by the police, prosecution and/or the Minister, but by a court of law.

As such, prolonged remand for the purposes of investigation, or re-arresting, be in for the same or different offences, and further remands could be seen as a violation of the presumption of innocence principle. Punishment comes only after conviction and sentencing by a court of law, and not before.

Duty to report suspected crimes in any country?

Every human person has an obligation to highlight any alleged wrongdoing, crime, injustice or human rights violation – they are not expected to be indifferent or to turn a blind eye to the occurrence of suspected wrongdoings.

Whether the allegation is true or not, or even whether there is evidence to support it or not, it is not the concern of the person lodging reports. That will be a matter for the relevant investigation authorities to investigate and determine.

There is also no law in Malaysia that says that a Malaysian can only file reports/complaints about wrongdoings by Malaysians or Malaysian companies in Malaysia, and to file any such reports/complaints in any other country is a crime.

Deterring lodging of complaints against ‘powerful’ persons and companies?

Hence, MADPET, from information provided thus far in media reports, fails to see how what Khairuddin is alleged of doing, being the filing of reports with authorities in other countries, could even be perceived as a crime. Note that the relevant authority in any country will only commence investigation if and only if the subject matter is a violation of their applicable laws, and it is a matter that falls within their jurisdiction.

Malaysia need to be very concerned that its actions now may only deter Malaysians from lodging reports/complaints about suspected crimes or wrongdoings against ‘powerful’ personalities and companies. No one is above the law.

MADPET thus calls for:-

The immediate release of Datuk Seri Khairuddin Abu Hassan;

The immediate stop of the usage of Security Offences (Special Measures) Act 2012 (SOSMA) in this and all other cases in Malaysia;

The repeal of this draconian Security Offences (Special Measures) Act 2012 (SOSMA); and also

The removal of all offences in our laws that criminalizes activities ‘detrimental to parliamentary democracy’, which is just too vague and as such could be easily abused.

Charles Hector
For and on behalf of
MADPET (Malaysians Against Death Penalty and Torture)

Source: Malaysia Chronicle. 28/9/2015

HAKAM - ON THE USE OF SOSMA & ARREST OF 1MDB CRITIC - Release Khairuddin

Stop abusing Sosma, release Khairuddin – Hakam

Published: 25 September 2015 7:58 PM

On September 24, 2015, former Umno leader Datuk Seri Khairuddin Abu Hassan was arrested under the Security Offences (Special Measures) Act 2012 (Sosma). Khairuddin was arrested allegedly over reports which were lodged with investigators abroad against 1Malaysia Development Berhad. He was first arrested and remanded on 18 September 2015 under section 124C of the Penal Code, on alleged activities detrimental to parliamentary democracy. Upon his release, he was rearrested under Sosma.

Khairuddin is now detained for investigations under Sections 124K and 124L of the Penal Code, allegedly for offences of “sabotage” or “attempting to sabotage the State”.
Hakam stands with the Bar Council and many other civil society organisations and all right thinking Malaysians in condemning these actions as being oppressive and contrary to the rule of law.  Sosma is in itself an authoritarian and oppressive piece of legislation that is now being abused to protect a prime minister (who ought to be accountable to the people) from scrutiny. In stark contrast a member of the public who threatens a riot in Petaling Street is treated with kid gloves and faces no police action.  This underscores the gross abuse of power and the political nature of these enforcement actions.
 

Sosma is meant for security offences that are “prejudicial to public order in, or the security of the Federation or any part thereof”. How are Datuk Khairuddin’s actions in filing reports overseas in respect of 1MDB, prejudicial to the security of the nation?  They may make some people uncomfortable but that is no basis for an arrest.Moreover, Khairuddin will be clearly exempt under Section 4(3) of the Security Offences (Special Measures) Act 2012 [Sosma] which states “No person shall be arrested and detained under this section solely for his political belief or political activity.” Political belief or activity is defined under Section 4(12) paragraphs (b) and (c) respectively as, “the expression of an opinion directed towards any Government in the Federation” and “the pursuit of a course of action directed towards any Government in the Federation.”  In our view therefore the arrest of Khairuddin is unlawful even within the scope of Sosma.
 

This incident is one in a series of arbitrary measures taken by the powers that be to protect the prime minister from having to answer to the people.
 

Enforcement agencies must decide if their role is to serve the public or to protect leaders from answering for their deeds or misdeeds.  The choice is clear. Khairuddin must be immediately released and human rights abuses by the authorities must stop.  Let some semblance of sanity, fair play and respect for the rule of law return immediately to the administration of this nation.
 

We now read reports that Khairuddin was rushed to hospital with a high fever. However, no one is allowed access to him. Hakam urges the authorities to allow the family immediate access to him. We reiterate our demand that he be released immediately. – September 25, 2015.

* Hakam is the acronym of Persatuan Kebangsaan Hak Asasi Manusia or the National Human Rights Society.

  * This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider. 

- See more at: http://www.themalaysianinsider.com/sideviews/article/stop-abusing-sosma-release-khairuddin-hakam#sthash.K56FkSfb.dpuf 

 

KENYATAAN BERTARIKH 25 SEPTEMBER 2015

 
PENGUNAAN SOSMA & PENANGKAPAN KRITIK 1MDB Termasuk ADDENDUM BERTARIKH 26 SEPTEMBER 2016 *

The Rakyat Post file pic

Pada 24 September 2015 bekas pemimpin UMNO Datuk Khairuddin Abu Hassan telah ditangkap dibawah Akta Kesalahan Keselamatan (Langkah-langkah Khas) 2012 (SOSMA). Datuk Khairuddin telah ditangkap dipercayai disebabkan oleh laporan-laporan yang telah dibuat olehnya dengan penyiasat-penyiasat di luar negara terhadap 1MDB. Beliau telah ditangkap dan direman dahulu pada 18 September 2015 di bawah Seksyen 124C Kanun Keseksaan kerana didakwa terlibat dalam aktiviti-aktiviti yang menjejaskan demokrasi berparlimen. Selepas beliau dilepaskan beliau telah ditangkap semula dibawah SOSMA.

Datuk Khairuddin kini ditahan untuk siasatan di bawah Seksyen 124K dan Seksyen 124L Kanun Keseksaan, dipercayai untuk kesalahan-kesalahan “sabotaj” atau “percubaan untuk sabotaj negara”.

HAKAM mengambil pendirian yang sama dengan Majlis Peguam dan banyak lagi badan-badan bukan kerajaan lain dan juga semua warga Malaysia yang berfikiran munasabah dalam mengkritik dan mengecam tindakan-tindakan ini sebagai tindakan yang menindas dan bertentangan dengan kedaulatan undang-undang. 

SOSMA merupakan satu akta yang bersifat autoritarian dan menindas dan ia kini digunakan pula untuk melindungi Perdana Menteri (yang sepatutnya bertanggungjawab kepada rakyat) daripada penelitian. Dalam perbandingan yang begitu ketara, individu yang mengugut untuk mengadakan rusuhan di Petaling Street pula dipandang ringan dan tidak berdepan dengan tidakan polis. Ini menyerlahkan lagi penyalahgunaan kuasa dan tindakan-tindakan penguatkuasaan ini yang mempunyai agenda politik.

Akta Kesalahan Keselamatan (Langkah-langkah Khas) 2012 (SOSMA) bertujuan menangani kesalahan-kesalahan sekuriti yang “memudaratkan keselamatan awam di dalam, atau sekuriti Persekutuan atau mana-mana bahagian Persekutuan”. 

Persoalannya ialah, bagaimana tindakan-tindakan Datuk Khairuddin iaitu memfailkan laporan-laporan diluar negara berkenaan 1MDB memudaratkan keselamatan awam negara? Laporan-laporan tersebut mungkin telah menyebabkan sesetengah pihak berasa tidak selesa tetapi itu tidak boleh menjadi asas bagi satu penangkapan. 

Tambahan pula, Datuk Khairuddin akan dikecualikan di bawah Seksyen 4(3) Akta Kesalahan Keselamatan (Langkah-langkah Khas) 2012 (SOSMA) yang menyatakan “Tiada seorang pun boleh ditangkap atau ditahan dibawah seksyen ini semata-mata atas kepercayaan politiknya atau aktiviti politiknya”. Kepercayaan politik atau aktiviti politik pula didefinisikan di bawah Seksyen 4(12) perenggan (b) dan (c) masing-masing sebagai “pernyataan pendapat yang ditujukan terhadap mana-mana Kerajaan di dalam Persekutuan” dan “pengambilan tindakan yang ditujukan terhadap mana-mana Kerajaan di dalam Persekutuan”. 

Pada pandangan kami, penangkapan ini adalah tidak sah disisi undang-undang khususnya di sisi SOSMA.

Insiden ini adalah salah satu daripada tindakan bersiri yang bersifat menindas dan diambil secara sewenang-wenangnya oleh pihak yang berkuasa untuk melindungi Perdana Menteri daripada memberi jawapan kepada rakyat.

Agensi-agensi penguatkuasaan harus memilih pendirian mereka samada peranan mereka adalah untuk melindungi rakyat atau untuk melindungi pemimpin-pemimpin daripada bertanggungjawab untuk tindakan-tindakan mereka samada betul atau salah. Pilihan tersebut sepatutnya jelas tanpa sebarang keraguan. Datuk 

Khairuddin patut dibebaskan dengan segera dan sikap pihak berkuasa yang giat mencabul hak asasi manusia dengan sewenang-wenangnya mestilah dihentikan. Biar sedikit kewarasan, keadilan dan pendekatan yang menghormati kedaulatan undang-undang kembali diamalkan dengan segera dalam aturcara pentadbiran negara ini.

HAKAM telah mendapat tahu melalui laporan-laporan media bahawa Datuk Khairuddin telah dikejarkan ke hospital dengan demam tinggi, walaubagaimanapun, beliau tidak dibenarkan sebarang pelawat. HAKAM mengesa pihak berkuasa untuk membenarkan ahli keluarga beliau untuk menjenguk dan melawat beliau. Akses ini harus diberikan dengan segara. HAKAM juga sekali lagi menegaskan bahawa beliau seharusnya dibebaskan dengan serta-merta. *

Dikeluarkan bagi pihak Jawatankuasa Eksekutif HAKAM

Ambiga Sreenevasan Presiden HAKAM

Source:- HAKAM Website - 

https://www.blogger.com/blogger.g?blogID=27256617#editor/target=post;postID=6768038119656996454

 

STATEMENT DATED 25 SEPTEMBER 2015

 
ON THE USE OF SOSMA & ARREST OF 1MDB CRITIC

Incorporating ADDENDUM DATED 26 SEPTEMBER 2015 *

 

Datuk Khairuddin Abu Hassan was rearrested by police this evening under the Security Offences (Special Measures) Act. – The Malaysian Insider file pic, September 23, 2015.

On 24 September 2015 former Umno leader Datuk Khairuddin Abu Hassan was arrested under the Security Offences (Special Measures) Act 2012 (SOSMA). Datuk Khairuddin was arrested allegedly over reports which were lodged with investigators abroad against 1MDB. He was first arrested and remanded on 18 September 2015 under section 124C of the Penal Code, on alleged activities detrimental to parliamentary democracy. Upon his release, he was rearrested under SOSMA.

Datuk Khairuddin is now detained for investigations under Sections 124K and 124L of the Penal Code, allegedly for offences of “sabotage” or “attempting to sabotage the State“.

HAKAM stands with the Bar Council and many other civil society organisations and all right thinking Malaysians in condemning these actions as being oppressive and contrary to the rule of law. SOSMA is in itself an authoritarian and oppressive piece of legislation that is now being abused to protect a Prime Minister (who ought to be accountable to the people) from scrutiny. In stark contrast a member of the public who threatens a riot in Petaling Street is treated with kid gloves and faces no police action. This underscores the gross abuse of power and the political nature of these enforcement actions.

SOSMA is meant for security offences that are “prejudicial to public order in, or the security of the Federation or any part thereof.”. How are Datuk Khairuddin’s actions in filing reports overseas in respect of 1MDB, prejudicial to the security of the nation? They may make some people uncomfortable but that is no basis for an arrest. Moreover, Khairuddin will be clearly exempt under Section 4(3) of the Security Offences (Special Measures) Act 2012 [SOSMA] which states “No person shall be arrested and detained under this section solely for his political belief or political activity.” Political belief or activity is defined under Section 4(12) paragraphs (b) and (c) respectively as, “the expression of an opinion directed towards any Government in the Federation” and “the pursuit of a course of action directed towards any Government in the Federation.” In our view therefore the arrest of Datuk Khairuddin is unlawful even within the scope of SOSMA.

This incident is one in a series of arbitrary measures taken by the powers that be to protect the Prime Minister from having to answer to the people.

Enforcement agencies must decide if their role is to serve the rakyat or to protect leaders from answering for their deeds or misdeeds. The choice is clear. Datuk Khairuddin must be immediately released and human rights abuses by the authorities must stop. Let some semblance of sanity, fair play and respect for the rule of law return immediately to the administration of this nation.

We now read reports that Datuk Khairuddin was rushed to hospital with a high fever. However, no one is allowed access to him. HAKAM urges the authorities to allow the family immediate access to him. We reiterate our demand that he be released immediately.*

Issued on behalf of HAKAM Executive Committee

Ambiga Sreenevasan
President
HAKAM

 

Source:- HAKAM Website

PRM shocked that MCA wants to take away our right to peaceful assembly

Kenyataan Media  – 25/9/2015

PRM terima  kebebasan perhimpunan aman  tak macam  MCA  hendak  hentikan perhimpunan aman  

Parti Rakyat Malaysia (PRM) terkejut dan mengkritik seruan Presiden MCA Liow Tiong Lai kepada Perdana Menteri untuk melarang dan menghentikan semua perhimpunan aman pada masa depan. 

Menurut laporan berita, beliau dipetik, “ MCA dengan kerasnya mesti hendak semua perhimpunan dilarang….” 

Jelasnya, Liow Tiong Lai tidak memahami betapa pentingnya hak kebebasan perhimpunan aman dan kebebasan bersuara, dan hak-hak ini lebih penting  dalam sistem pemerintahan demokrasi. Hak ini juga hak asasi yang termaktub dalam Perlembagaan Persekutuan.

PRM tetap menyokong hak rakyat untuk mengadakan protes,  bantahan dan perhimpunan aman. Sama ada protes dan bantahan, perhimpunan, atau perarakan  terdiri daripada berbilang kaum atau berbilang agama, atau hanya terdiri daripada khalayak ramai satu kumpulan etnik dan kaum, agama, atau kelas seperti pekerja atau petani tidak mengapa.   

PRM menerima bahawa perhimpunan aman merupakan satu saluran untuk menyampaikan hasrat kepada umum, kumpulan tertentu, entiti  atau institusi termasuk kerajaan. Perhimpunan aman juga merupakan saluran untuk menyampaikan hakikat bahawa sesuatu tuntutan itu bukan pendirian atau kehendak seorang dua sahaja, tetapi kehendak sekumpulan manusia yang banyak yang diperlihatkan dengan bilangan peserta yang besar bilangannya dalam perhimpunan. Oleh itu, adalah tidak masuk akal   dan tidak munasabah dicadang perhimpunan aman diadakan di tempat terpencil atau di kawasan tertutup.

Oleh demikian, PRM menyeru kepada anggota dan penyokong MCA supaya mendesak Presidennya untuk memahami dan menghormati hak perhimpunan aman dan semangat demokrasi serta menarik balik seruan yang mahu melenyapkan  hak asasi perhimpunan aman di negara ini. 

Koh Swe Yong

Setiausaha Agung,

Parti Rakyat Malaysia

(No. Tel: 012-2766551)

Media Statement – 25/9/2015

PRM  recognizes the freedom of peaceful assembly unlike MCA who wants future mass rallies stopped

Parti Rakyat Malaysia(PRM) is shocked and  strongly criticizes  the call of  Liow Tiong Lai, President of MCA, to the Prime Minister to stop all future mass rallies. 

He was reported as saying, “MCA is adamant that all mass rallies must be stopped...”(Malaysian Insider, 24/9/2015). 

Clearly, he fails to understand the importance of the right of freedom of peaceful assembly, freedom of expression and opinion, more so in a democracy. This is also a fundamental right that is enshrined in our Federal Constitution.

PRM   certainly upholds  the right of people to hold peaceful protests and rallies. It matters not whether these protests, rallies or processions are multi-racial or multi-religious, or just by people of one particular ethnic group, religion or a class like workers or farmers . 

PRM recognizes that a peaceful assembly is a means of conveying an opinion to the public, targeted persons and entities which could also include governments. Peaceful assembly is also the means to communicate the fact that this is just not the position of 1 or 2 persons, but a lot of people reflected also by the numbers that attend. That is why it makes no sense to have a peaceful assembly at some isolated location or a closed venue.

PRM calls on MCA’s members and current supporters to sanction its President who wants to extinguish our fundamental right to peaceful assembly in Malaysia.

Koh Swe Yong

Setiausaha Agung,

Parti Rakyat Malaysia

(No. Tel: 012-2766551)

Stop all future rallies, MCA tells Najib

BY EILEEN NG

Published: 24 September 2015 2:52 PM | Updated: 24 September 2015 4:50 PM

 

MCA president Datuk Seri Liow Tiong Lai says today mass rallies will strain national unity and tarnish Malaysia’s international image. – The Malaysian Insider pic by Afif Abd Halim, September 24, 2015. 

 

Senior Barisan Nasional (BN) coalition party MCA wants Prime Minister Datuk Seri Najib Razak to put a stop on all rallies in the future, calling such gatherings a threat to the nation’s harmony.

President Datuk Seri Liow Tiong Lai said mass rallies would eventually lead to violent confrontations as extremists from both ends would be spoiling for a fight by pushing one another to the edge.

This, he said, would strain national unity and tarnish Malaysia's name internationally.

“MCA is urging our prime minister to put a stop to all further rallies. Clearly, they are threatening to tear the fabric of our nation apart. “MCA is adamant that all mass rallies must be stopped. The way forward is to return to the values of our founding fathers,” he read from a statement after chairing the party’s central committee meeting today.

Malaysia saw two rallies in the space of three weeks recently.

Electoral reform group Bersih 2.0 held a 34-hour rally on the eve of Merdeka Day in August aimed at institutional reforms and pressuring Najib to step down. The massive demonstration was held simultaneously in the capital Kuala Lumpur, and state capitals Kuching and Kota Kinabalu.

In retaliation, Malay rights protesters wearing red shirts held the Himpunan Rakyat Bersatu gathering on September 16. Its organisers claimed that the Bersih rally had insulted the integrity of the Malays.

The “red shirt” rally saw incendiary remarks and racially charged banners and placards as well as some tense moments when participants got upset over questions asked by some journalists.

Riot police also used water cannon on a group of rally goers who had attempted to breach the barricades to gain access to Petaling Street, a shopping strip dominated by Chinese traders.

Najib had justified the rally, saying it was a manifestation of the rise of Malays to defend their dignity and the country’s leadership from being condemned and humiliated.

Najib had also praised the rally participants for convening a peaceful gathering with no racism involved.

But MCA had singled out the 'red shirt' rally, which saw racial slurs being hurled at the Chinese community, and Liow said the party disagreed with statements that the gathering had been peaceful and its participants law abiding.

"There were clear incidences of violence as rally goers challenged the law enforcement authorities and uttered seditious statements that displayed clear disregard for the law and the authorities.

"It is obvious that the rally goers intended to stoke fear and create racial tension.

"Words such as 'Cina Babi' and 'Hapuskan SJKC' cannot be excused."

He said singling out the Chinese community and showing animosity towards the ethnic group was unacceptable and cannot be condoned.

"BN must take stock and put a stop to this unhealthy problem immediately." – September 24, 2015.

- See more at: http://www.themalaysianinsider.com/malaysia/article/stop-all-future-rallies-mca-tells-najib#sthash.b94T2UWf.dpuf

 

SOURCE:- Parti Rakyat Malaysia Blog