Sunday, October 13, 2019

Special 'treatment' for DAP wakil rakyat and leaders? MPs really need to understand SOSMA?

When Lim Guan Eng told us that the police assured him that no more DAP  leaders or wakil rakyat will be targetted..., this is very wrong - is the police going to give special treatment to MPs and party leaders?

“I was also informed that whilst more people will be arrested for alleged links to LTTE, no more leaders or wakil rakyat from DAP will be targeted,” the Bagan MP said.
Then, media report concerning what  Penang Deputy Chief Minister II Dr P. Ramasamy and MP Lim Lip Eng is saying about SOSMA also raises worries that they may not understand what SOSMA is - it is not a Detention Without Trial law - if it is resorted to, police can hold in remand a suspect for 28 days, compared with the normal maximum of 14 days...

When ordinary people are constantly being arrested and detained under SOSMA, our 'wakil rakyat'(MP/ADUN/Senators) and the various political parties seems disinterested...but when politicians and 'personalities' get arrested, media reports and all is concerned..
DISTURBING, when a media report said that police gave assurance that there will be no more arrests of DAP peoples' representatives ....What is this? Are politicians a 'special class' still who will accorded special treatment in police/MACC/etc...investigations even now under the new government of HOPE - Pakatan Harapan.

We all now see how even the former Prime Minister, Ministers and even politicians seem to have been given a 'special treatment' by the persons responsible for the administration of justice under the former BN government - Remember, then the Attorney General took the position that Najib was not guilty of ...matters connected to 1MDB, SRC, etc ...and now we see these people being investigated and charged in the courts...

Is the Pakatan Harapan government now doing a similar thing by protecting its politicians and 'friends' - interesting that no cases yet against some of the former BN MPs who joined Pakatan Harapan parties before General Elections ...and even later? It would be reassuring if these persons are also being investigated ...by the police and the MACC. There is no limitation for crime - so, even Anwar Ibrahim, when he was in the BN Cabinet commited crimes, he should be now charged in court...? No corruption...no kleptocracy...no tax evasion - no money laundering...no abuse of power? 

Why did the police resort to SOSMA - the police have an Option to resort to SOSMA but they need not do so...they can still produce before a Magistrate within 24 hours of arrest, and make the usual application for remand orders by Magistrate... 

After 24 hours, section 4(5) of SOSMA states, ‘(5) Notwithstanding subsection (4), a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation.’.- Release 2 Wakil Rakyat (Elected Peoples’ Representative) Detained under SOSMA

The law uses the word 'may' - so the police can follow normal criminal procedure...

It is sad that some of our Ministers and even politicians still do not understand SOSMA - and is talking as though it is 'Detention Without Trial' - It is not. 

In normal criminal cases, police can arrest...and thereafter they need to apply, and they can get up to 14 days of remand purpose for investigation. With SOSMA, the remand period is 28 days ...and they do not need to get a Magistrate's order...all they need is a senior police officers authorization...[For a better understanding, see statement in ___- Release 2 Wakil Rakyat (Elected Peoples’ Representative) Detained under SOSMA and other posts about SOSMA in the blog(use the Search function)

In my opinion, when a person is arrested as a suspect for committing any one of the 'security offences' listed in SOSMA, they can follow normal criminal procedure - bring before a Magistrate within 24 hours, make remand application as usual...

BAIL - Well, SOSMA states clearly that anyone charged with any of the about 100 'security offences' listed in SOSMA shall not have bail - hence they will be detained until their trial is over... The word used is 'shall' not 'may'..
13(1) of SOSMA states that 'Bail shall not be granted to a person who has been charged with a security offence.'
USE normal Criminal Procedure - Police should CHOOSE to use the SOSMA powers for all arrested for the 70-100 'security offences' listed in SOSMA...Most are after all offences under the Penal Code and others are under other Acts...

DAP: Our two reps innocent, no link to extremist activities

DAP secretary-general Lim Guan Eng, in a statement today, called the arrests ‘shocking’. — Picture by Yusof Mat Isa
DAP secretary-general Lim Guan Eng, in a statement today, called the arrests ‘shocking’. — Picture by Yusof Mat Isa
KUALA LUMPUR, Oct 10 — DAP said today it trusts that its two leaders who were arrested for alleged activities in November 2018 tied to the now-defunct terror group Liberation Tigers of Tamil Eelam (LTTE) are innocent.

DAP secretary-general Lim Guan Eng also said the political party would ensure legal representation for the duo, who are both state lawmakers and were arrested today by the police.

“DAP believes in the innocence of our two DAP assemblypersons, who were arrested under the Security Offences (Special Measures) Act (Sosma) today over their alleged connections with the Liberation Tigers of Tamil Eelam (LTTE).

“Their involvement in the DAP so far, has shown no indication that the two were involved in any activities that departed from the party’s stand of moderation, non-violence and peaceful resolution,” he said in a statement today.

“The arrests were shocking and I have expressed to the authorities that the party stands firmly behind our two state legislators, Melaka exco member and assemblymen for Gadek G. Saminathan and Seremban Jaya assemblyperson P. Gunasekaran,” he added, referring to the Melaka and Negri Sembilan lawmakers.
Counter-terrorism police carry out an operation against suspected Liberation Tigers of Tamil Eelam (LTTE) sympathisers in Sungai Buloh October 10, 2019. — Picture courtesy of PDRM
Counter-terrorism police carry out an operation against suspected Liberation Tigers of Tamil Eelam (LTTE) sympathisers in Sungai Buloh October 10, 2019. — Picture courtesy of PDRM
Lim said he was told that the Sosma arrest of the duo means that they can be detained for up to 28 days for investigation, adding however that the police have promised a speedy probe to enable investigation papers to be sent to the Attorney General’s Chambers and to enable the two to be released early.

He said the police have claimed that there was concrete proof before the arrests were made and that the matter was referred to all relevant authorities before action was taken.

“I was also informed that whilst more people will be arrested for alleged links to LTTE, no more leaders or wakil rakyat from DAP will be targeted,” the Bagan MP said.

“DAP will provide a legal team to represent our two DAP leaders with lead counsel led by Bukit Gelugor MP Ram Karpal and Jelutong MP RSN Rayer,” he said, adding that the police has promised to allow the two who were arrested to have access to their family and lawyers.
Counter-terrorism police carry out an operation against suspected Liberation Tigers of Tamil Eelam (LTTE) sympathisers in Segamat October 10, 2019. — Picture courtesy of PDRM
Counter-terrorism police carry out an operation against suspected Liberation Tigers of Tamil Eelam (LTTE) sympathisers in Segamat October 10, 2019. — Picture courtesy of PDRM
Lim added that the police had allegedly praised the two DAP lawmakers that were arrested for their full and calm cooperation during the arrests.

Lim said he has asked DAP national vice-chairman M. Kulasegaran to represent the party in liaising with the relevant authorities, the two lawmakers and their family members.

Earlier today, Bukit Aman Special Branch Counter-terrorism Division (E8) principal assistant director, Datuk Ayob Khan Mydin Pitchay confirmed that the two assemblymen were arrested for participating in an LTTE “Heroes Day” celebration in Melaka on November 28, 2018.

Ayob Khan had said that the two allegedly “delivered speeches that contained elements that showed support towards LTTE” and had also allegedly distributed materials related to the group.

The police said five other suspects were nabbed in Malaysia for allegedly promoting, supporting and sourcing funds meant for the LTTE.
Principal assistant director of the Counter-Terrorism Division (E8) of the Special Branch Datuk Ayob Khan Mydin Pitchay addresses a press conference at Bukit Aman in Kuala Lumpur October 10, 2019. — Picture by Hari Anggara
Principal assistant director of the Counter-Terrorism Division (E8) of the Special Branch Datuk Ayob Khan Mydin Pitchay addresses a press conference at Bukit Aman in Kuala Lumpur October 10, 2019. — Picture by Hari Anggara
- Malay Mail, 10/10/2019



‘Why use Sosma on the seven’


Nation
Saturday, 12 Oct 2019

GEORGE TOWN: The seven people arrested for their alleged links to the Liberation Tigers of Tamil Eelam (LTTE) militant group should be charged under the Penal Code, says Penang Deputy Chief Minister II Dr P. Ramasamy .

He said they should not be detained under the Security Offences (Special Measures) Act (Sosma) 2012 for 28 days.

“The police should show evidence and bring them to court.

“Use the Penal Code on them, where they would have a chance to defend themselves.

“The Penal Code provides bail, legal representation and evidence which could be scrutinised in a court of law.


“Sosma and the Sedition Act are draconian laws which have yet to be repealed by the Pakatan Harapan government, ” Ramasamy said when met at his office at Komtar.

On Thursday, Melaka exco member G. Saminathan and Seremban Jaya assemblyman P. Gunasegaran were among seven people nabbed for their alleged links to the LTTE in simultaneous operations launched by the Bukit Aman Counter-Terrorism Division (E8).

Press members swarmed Ramasamy’s office on the 52nd floor of Komtar yesterday amid rife speculation that he and Bagan Dalam assemblyman Satees Muniandy would be picked up in the morning.

However, there was no sign of any E8 operation at the building housing the state administration.

Ramasamy said he was not aware of the activities of Saminathan and Gunasegaran prior to their arrests.

“All I know is they attended a war memorial for war victims in Melaka last year, which is not tantamount to a crime.

“Is it a crime to attend a war memorial for war victims or be sympathetic to the Rohingya, Tamilians and Hamas?” he said.

He added that there were no attempts to revive the defunct LTTE in Malaysia.

Ramasamy, who is also Penang DAP vice-chairman, added that he was mulling over filing a defamatory suit against PAS’ Kuala Nerus MP Mohd Khairuddin Aman Razali who had called for his arrest.

Khairuddin, in an interview with an online portal, said Ramasamy had provoked the Tamils to confront the government and he should be arrested and investigated under Sosma.

In Kuala Lumpur, Opposition chief Datuk Seri Ismail Sabri Yaakob said DAP should not interfere with police investigations after its secretary-general Lim Guan Eng claimed that the police had assured him that there would be no more arrests of its party leaders over alleged connections with the LTTE.

“The Opposition bloc expresses dissatisfaction over Lim’s statement, which is seen as interfering with police matters, ” he told a press conference at the Parliament lobby.Ismail Sabri, who is also Bera MP, said “investigations and arrests must continue even if high-ranking government officials are involved”.

The Opposition, he added, also expressed regret over remarks comparing the LTTE to the Palestinian people who fought for their own land.

Gerakan president Datuk Dr Dominic Lau urged the police to take stern action against anyone who broke the law, especially those involved in terrorism.

On the arrests of the two DAP assemblymen, Lau expressed worry that the LTTE might have penetrated a Malaysian political party.

“This is a very serious issue, ” he said.

Meanwhile, former Bersih chairman Datuk Ambiga Sreenevasan questioned the move by the authorities to use Sosma to detain the two assemblymen.

“I’m quite shocked. The basis has been given, but I don’t see why it has to be Sosma.

“There is no need to use it. I’m appalled that this is happening under this government, ” she was quoted as saying by online portals after attending a forum yesterday. - Star, 12/10/2019

2 more Melaka DAP members nabbed in LTTE probe

“DAP vice-chairman M Kula Segaran with the wife and family members of Seremban Jaya assemblyman P. Gunasekaran, who has been arrested under the Sosma security law.”
PETALING JAYA: Two more members of Melaka DAP were reportedly arrested by police under the Security Offences (Special Measures) Act (Sosma) today over suspected links to a now-defunct Sri Lankan separatist group. Three others, two in Penang and one in Selangor, were also reportedly arrested.

State DAP chairman Tey Kok Kiew, told Berita Harian that the chief executive of a state-owned company and a municipal councillor, were nabbed in the morning.

“I am made to understand that they were detained at their homes in Durian Tunggal, Alor Gajah, around 10am,” he told the Malay daily.

Melaka police chief Mat Kasim Karim confirmed that the duo were arrested over their alleged ties to the Liberation Tigers of Tamil Eelam (LTTE).

“They were detained under Sosma by Bukit Aman police. It is related to the arrest of a Melaka exco member recently,” Berita Harian quoted Mat Karim as saying.

On Thursday, Police detained Malacca exco member and Gadek assemblyman G Saminathan and Seremban Jaya assemblyman P Gunasekaran.

They were arrested over their alleged involvement in LTTE activities.

Bukit Aman’s anti-terrorism chief Ayob Khan Mydin Pitchay said a total of seven men were arrested, adding that police had been monitoring their movements since November last year.

The DAP’s national vice-chairman, M Kula Segaran, visited the families of Saminathan and Gunasekaran at their homes today. He said: “They are shaken over the incident.”

He said he had been entrusted to represent the party in liaising with the relevant authorities, legislators and family members concerning the arrests.

Kula Segaran, who has himself been linked to the LTTE, has denied having any connection with the Sri Lanka militant group, after a photograph was circulated widely showing him posing with a Tamil Nadu politician and LTTE sympathiser Senthamizhan Seeman.

He said anyone could post photographs on the internet, and he urged the police to investigate.- Free Malaysia Today, 12/10/2019


DAP MP wants parliamentary committee to haul up cops on Sosma use over defunct LTTE

The Kepong MP said the parliamentary watchdog must demand the police explain their use of Sosma. ―  Picture by Hari Anggara
The Kepong MP said the parliamentary watchdog must demand the police explain their use of Sosma. ― Picture by Hari Anggara
KUALA LUMPUR, Oct 11 — Kepong MP Lim Lip Eng has asked a parliamentary select committee on Defence and the Home Ministry to hold an emergency meeting following the arrest of seven people suspected of trying to revive a defunct Sri Lankan militant group.

The DAP lawmaker who is also a lawyer said the parliamentary watchdog must demand the police explain their use of the Security Offences (Special Measures) Act 2012 (Sosma), a law that allows for detention without trial that the ruling Pakatan Harapan (PH) had promised to repeal.

“I have asked the chairman of the Select Committee, member of Parliament for Nibong Tebal Prof Madya Datuk Dr Mansor bin Othman for the said meeting to be held on an urgent basis due to the seriousness of the accusations,” he said in a statement today.

“The police will have to answer to the Select Committee the need to use Sosma, a repressive and draconian law which the Pakatan Harapan government has pledged to repeal, on the seven who can be detained without trial for up to 28 days,” Lim added.

Federal police arrested two DAP state lawmakers yesterday under a security law that allows for preventive detention, purportedly over their attendance in an alleged LTTE “Heroes Day” celebration in Melaka on November 28, 2018.

Bukit Aman Special Branch Counter-terrorism Division principal assistant director Datuk Ayob Khan Mydin Pitchay told a news conference yesterday that Gadek assemblyman G. Saminathan who is also a Melaka state executive councillor and Seremban Jaya assemblyman P. Gunasekaren had “delivered speeches that contained elements that showed support towards the LTTE” and had also allegedly distributed materials related to the group.

The duo was among five other suspects nabbed in Malaysia for allegedly promoting, supporting and sourcing funds meant for the LTTE.

A number of PH have also condemned the arrest under Sosma, reminding the government of the coalition’s electoral pledge to repeal the law.

Veteran DAP MP Lim Kit Siang today reiterated in a statement that his party abhors violence and terrorism and urged for the release of the Sosma seven if they were not to be charged in court. - Malay Mail, 11/10/2019

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