Tuesday, July 05, 2016

IGP, you sure Movida a 'terrorist offence'? Full rights to the detained suspects - No SOSMA or POTA or...?

So, is the IS [Islamic State] attacking Malaysia? Was their target - Putrajaya, Parliment, Prime Minister, ...? No, it was just some little known club in Puchong - not even in City Centre? And how did our Inspector General of Police investigate and make conclusions so speedily? 

Certainly took a long time with RM2.6 Billion and IMDB cases, didn't they? Here - within about a WEEK? 

From the news report:-
- police knows the 2 who threw grenade?  Was it some CCTV footage, identified by witnesses, fingerprints, the 2 confessed?

- who in Syria instructed the 15 locals here in Malaysia? - Did the 15 arrested reveal this information to the police? Phone records confirmed this?

Really amazing job by the Malaysian police -

CAN WE BELIEVE THE IGP? Well, we remember the past - Anwar caused the black eye himself...and the death in custody initial responses... personally, I would say not yet...

Maybe the IGP should have just said 'suspected'....and not CONFIRM anything...


Remember that what happened in Puchong is already a criminal offense according to our Penal Code and other laws - there is really no reason to call it a 'terror' offence or a terrorist attack...

When we allow our government to call it a 'terrorist offence' - that will allow the police/government to use SOSMA, POTA and all these other draconian laws that allows for the suppression of rights of the accused persons (or suspects)...the right to a fair trial may also be denied...and they may also simply be subjected to 'detention without trial'...other 'Restriction Orders'...

Opposition leader and PKR President, Wan Azizah, also seem to have  swallowed what the IGP said as being true - and she also said she believes that IS was responsible...She says, '“We are now a target of the IS terrorist organisation.' 

Sadly, Wan Azizah, was also reported asking 'reclassify all incidents involving explosives, including hand grenades, as being terror attacks in nature until proven otherwise.' She obviously forgets that such a classification opens the door to the denial of fair trial rights, and other rights of suspects and/or accused persons. It opens the door to POTA (Prevention of Terrorism Act) - which allows for Detention Without Trial (for 2 years and more), etc ...

Wan Azizah really must reconsider her statement, which seems to be a 'knee-jerk' response rather than a well considered expression of the stand of PKR? ...Is PKR for human rights and justice...?

Now, as mentioned, we have the necessary offences (without even looking at those 'terrorist offence') in Malaysia's Penal Code...

What laws _

s. 307 - Attempted Murder > sentence 10 years 

s. 326  Voluntarily causing grievous hurt by dangerous weapons or means... ( which includes also use of explosives)> imprisonment for a term which may extend to twenty years, and shall also be liable to fine or to whipping.

Whoever, except in the case provided by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death or any scheduled weapon as specified under the Corrosive and Explosive Substances and Offensive Weapons Act 1958, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine or to whipping.

Well - we ,have provisions to get all the Abetors (those who incited, facilitated, assisted, etc...) - the whole group, if that is the case..

sec.  107  Abetment of a thing
A person abets the doing of a thing who-
(a) instigates any person to do that thing;
(aa) commands any person to do that thing;
(b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
(c) intentionally aids, by any act or illegal omission, the doing of that thing.

And yes, we also have that section 120A -  Criminal Conspiracy... "When two or more persons agree to do, or cause to be done..."

We want them to be given every right available to any criminal suspect...and certainly the right to a fair trial...

But, I worry, that our government may resort to SOSMA and POTA and....  - and, they may never even be charged and tried ...and simply subjected to Detention Without Trial??? 




 4 July 2016 | MYT 3:32 PM

Cops confirm Movida bombing first ever IS attack in Malaysia

Khalid showing the photos of the suspects at a press conference on Monday.
Khalid showing the photos of the suspects at a press conference on Monday.
KUALA LUMPUR: Police have confirmed that the Movida night club bombing last week was the first ever successful IS attack on Malaysian soil.

Inspector-General of Police Tan Sri Khalid Abu Bakar said the attack, which left eight people injured, was carried out by locals who were directly instructed by IS member Muhamad Wanndy Mohamad Jedi from Syria.

“Since the attack on June 28 to July 1, we have arrested 15 people including the two men who threw the hand grenade,” he said.

It was confirmed that two of the 15 were also policemen. - Star, 4/7/2016

Wan Azizah: Ulama must come out and condemn IS attack

 | July 4, 2016
Opposition leader also wants police to classify all incidents involving explosives as terrorist attacks.
PETALING JAYA: Opposition leader Dr Wan Azizah Wan Ismail has urged police to reclassify all incidents involving explosives, including hand grenades, as being terror attacks in nature until proven otherwise.

She also wanted the ulama, intellectuals and leaders at all levels to come forward to condemn such attacks.

She said the government must be constantly cautious of any attempts, rhetoric and polemics that not only supported the IS extremist ideology but also all other extremist ideologies.

“The government must also be firm and consistent by providing clear leadership and curb a climate that encourages extremism, racism, corruption and religious deviancy, including by learning from the recent kafir harbi episode where the government was very slow to act resulting in the rise of unhealthy polemics,” she said in a press statement today.
She said Malaysians were shocked to learn that the police had confirmed that the hand grenade attack on a nightspot in Puchong on June 28 was a planned attack by the IS militant extremists.
This was despite an earlier statement that the attack may have underworld elements, she said.

Eight people watching a Euro football match were injured when a hand grenade was tossed at them at 2.15am.

IS has also recently claimed responsibility for the attacks in Bangladesh (in which 20 people were killed) and also in Baghdad (in which more than 165 people have been killed so far).

The PKR leader asked police to swiftly apprehend and disable all active IS cells and bring to justice all those involved in extremist militant activities such as IS.

She urged Malaysians to be vigilant and to remain united.

“We are now a target of the IS terrorist organisation. Therefore, we must reach across our political, ethnic, and socio-economic divide for the sake of our common security and the future of our beloved nation.” - FMT News, 4/7/2016

Wednesday, 29 June 2016 | MYT 8:10 PM

IGP: We are probing all angles, including terrorist elements

KUALA LUMPUR: Inspector-General of Police Tan Sri Khalid Abu Bakar urged everyone “not to give recognition” to those claiming responsibility of terror attacks.

“The more we recognise them, the happier they are. Let us investigate the incident (Tuesday’s grenade attack at a nightspot in Puchong)

“We are probing all angles, including terrorist elements,” Khalid said after receiving 300 helmets, sponsored by Celcom Axiata, on behalf of the Kuala Lumpur traffic police.

A Malaysian man, who identified himself as Abu Hamzah Al-Fateh, had claimed responsibility for the grenade attack on his Facebook.

Abu Hamzah said the attack was to answer a challenge by Khalid to Islamic State last week.

Another posting of Abu Hamzah claimed that the attack was carried out by two militants against “a club full of infidels or kafir harbi” and warned Muslims to avoid such places so that “they will not be targets”.

Asked if the postings were legitimate, Khalid said: “There are so many untrue things being shared on social media. I let you judge for yourself.”  - Star, 29/6/2016


Hakimi Abdul Jabar said...

Terrorism As An International Crime - The Rome Statute Perspective

The International Criminal Court (ICC) is currently the only capable international institution that could fill the current gap in the law and serve as an ideal tool in the battle against terrorism by upholding justice. The important link between peace and prosecution by an impartial court should not be underestimated. With sufficient support of the international community, the ICC could be a powerful mechanism, and it could be an especially credible one by virtue of its transparency and commitment to the legal ideals respected by most domestic legal systems. It would be a serious setback if the Court were allowed to degenerate and its benefits relinquished into obscurity.

Although, the ICC does not have jurisdiction over international terrorism per se, but many scholars assert that some terrorist acts could be prosecuted as crimes against humanity. Dreadful terrorist attacks have made it clearer than ever that the international community needs to cooperate and take actions against terrorism on an international level. Terrorism is not merely a domestic problem.

In the future we will not be able to rely on domestic legislation only. It will be necessary to determine international concepts and approaches which tackle crimes of terrorism on an international level as well.

Jurisdiction of ICC
The jurisdiction of the court needs to be understood in three contexts:
# Jurisdiction rationae materiae, (“which answers the question of “which crimes can be tried before the ICC?”)
# Jurisdiction rationae personae, (“who can be judged?”)
# And jurisdiction rationae temporis (“when might the crimes have been committed?”)

Books referred:
1. William A. Schabas, An Introduction to International Criminal Court (Cambridge University Press, Published 2007).
2. Andrea Bianchi, Yasmin Naqvi, Enforcing International Law Norms Against Terrorism (Hart Publishing, Published 2004).

Articles referred:
1. Gillian Triggs, ‘Challenges for the International Criminal Court: Terrorism, Immunity Agreement and National Trials’, Ustinia Dolgopal and Judith Gardam (eds.), International Humanitarian Law Series: The Challenge of Conflict, Martinus Nijhiff Publishers, 2006).pp. 315-330.
2. Olympia Bekou and Robert Cryer, ‘The International Criminal Court and Universal Jurisdiction: A Close Encounter?’, International and Comparitive Law Quarterly,
3. Mikaela Heikkila, ‘Holding Non-State Actors directly responsible for acts of International Terror Violence’, Institute for Human Rights, Abo Akedamy University, 2002, available at http://www.web.abo.fi/instut/imr/norta/mikaela.pdf
4. Mira Banchik, ‘International Criminal Court and Terrorism’, June 2003. available at http://www.tamilnation.org/terrorism/international_law/0306iccandterrorism.htm
5. Salzburg Retreat, ‘ The Future of the ICC’, May 2006, Salzburg Law School on Int. Criminal law, Humanitarian law and HR Law (eds.), available at http://www.sbg.ac.at/salzburglawschool/Retreat.pdf
6. ‘AMICC: Terrorism and ICC’ available at http://www.amicc.org/docs/terrorism.pdf
7. ‘Terrorism as an international Crime’ available at http://www.counter_terrorism_law.org/internationallaw.pdf

Hakimi Abdul Jabar said...

I am in full agreement with Charles Hector. The cases of Khaled elMasri who was abducted/kidnapped, tortured& sodomized by the CIA and Mat Sah Satray are prime examples.



The Islamist Terrorists have no respect whatsoever for one child's right to life, what more for anyone's right to property.

The innocent children now remain distant memories upon a mural wall.

The present depiction of such a tragedy validates the fight against this scourge of mankind, hostis humani generis, the enemy of all mankind, pursuant to UNSCR 1373 (2001) & 1566 (2004) to further eliminate impunity and make this world a better place for posterity.


Hakimi Abdul Jabar said...

It's time the UN sets-up an International Penal Tribunal to Prosecute Constitutionally Responsible Rulers, Public Officials or Private Individuals pursuant to Arts. 4 & 6 of the Genocide Convention for the International Crime of Genocide of the Yazidis.