News that some persons linked to GISBH have been arrested under SOSMA raises questions - What offenses are the suspected of committing? That important fact was not found in media reports perused, including the BERNAMA Report.
A total of 16 individuals, including senior management from Global Ikhwan Services and Business Holdings (GISBH) were rearrested today.
Their arrest was under the Security Offences (Special Measures) Act 2012 (Sosma) in connection with allegations of child and religious exploitation.
Bukit Aman Criminal Investigation Department (CID) director Mohd Shuhaily Mohd Zain said since the launch of Op Global in September, 58 individuals have been detained under Sosma.
SOSMA can only be used if the person is being investigated for the SOSMA listed offences ONLY - not according the whims and fancies of the police or the Malaysian government. Perusing to media reports,
I failed to find what precise SOSMA listed offence or "Security Offences' these persons are being investigated on which brings SOSMA into play. I doubt they are suspected for any of the Penal Code OFFENCES AGAINST THE STATE, OFFENCES RELATING TO TERRORISM or ORGANIZED CRIME I do not believe that GISBH is a 'Terrorist Organisation'? Is GISBH now considered an organised crime group - maybe as the definition is dangerously vague.
In 2012, an amendment introduced an interpretation section, but the definition of 'organized crime', which used to mean criminal gangs that use violence, is now dangerously rather VAGUE, which can lead to possible government abuse. Section 130U of the Penal Code reads as follows-
"organized criminal group" means a group of two or more persons, acting in concert with the aim of committing one or more serious offences, in order to obtain, directly or indirectly, a material benefit, power or influence;
"serious offence" means any offence punishable with imprisonment for a term of ten years or more.
But in 2014,
The Code is amended in section 130U by deleting the definition of “serious offence”.
Hence, anything now can be 'serious offence' as previously it was limited to offences that carried a sentence or !0 years or more.
Hence, now anyone not working alone in a commission of any crime, even a crime not punishable with imprisonment could inadvertently be charged with some 'organised crime' offence in the Penal Code. DANGEROUS...
Did not our YB Members of Parliament or Senators HIGHLIGHT this - and oppose this? MPs and Senators must really work on studying Bills tabled in Parliament, as they represent the people. They should spend time on this - not simply going around, smilling and giving hand-shakes, or working to get re-elected at the next elections. The QUALITY of some of peoples' representatives is an issue - and the BLAME lies with the people for voting these MPs in.
Now, the SOSMA listed offences (or Security Offences) are as follows( as found in the FIRST Schedule of the SOSMA Act), which currently lists the following offenses. In Blue, are my added words explaining the offences under these relevant Chapters or Parts
SECURITY OFFENCES(under SOSMA)
Penal Code [Act 574]:
(i) Offences under Chapter VICHAPTER VI OFFENCES AGAINST THE STATE
(ii) Offences under Chapter VIACHAPTER VIA OFFENCES RELATING TO TERRORISM
(iii) Offences under Chapter VIBCHAPTER VIB ORGANIZED CRIME
Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 [Act 670]:
Offences under Part IIIAPART IIIA SMUGGLING OF MIGRANTS
[First Schedule. Subs. Act A1472:s.4]
Special Measures Against Terrorism in Foreign Countries Act 2015 [Act 770].
POLICE do not arrest anyone under SOSMA simply like that - what happens is that they arrest a person for a particular suspected offence be it under the Penal Code, Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 or Special Measures Against Terrorism in Foreign Countries Act 2015, and if that said offence is listed in SOSMA as a Security Offence, then automatically SOSMA applies. If it is not in the SOSMA listed offence, the police cannot rely on or use SOSMA.
So, what is the OFFENCE being investigated now that justifies using SOSMA? Tell us Prime Minister Anwar Ibrahim. Please don't allow the police to abuse the law, and the administration of justice in Malaysia. PM - you are RESPONSIBLE - we do not want to see you come out later, and point the finger of BLAME on the Inspector General of Police, the police or the Home Minister?
Is the Police and Anwar Ibrahim forgetting the legal principles governing arrest and remand? - ' investigate first and arrest later. In cases where it is more expedient to effect an immediate arrest, the police should release the person arrested on police bail if investigations cannot be completed to enable a charge to be preferred before the Magistrate.' -The legal principle as to when one should be CHARGED, Arrested and released on Police Bail - The Case of PP v Tan Kim San, judgement of late Supreme Court Judge Harun Mahmud Hashim
Has it been followed in the GISBH case?
Now remand is ONLY for purposes of investigation - not to 'TORTURE' or as a means of inflicting per-conviction punishment. Until tried and convicted in Court, a person is presumed to be innocent.
“The police investigate, the judges deliver the sentence. Before a sentence is passed, suspects should not be punished beforehand,” he [Prime Minister Datuk Seri Anwar Ibrahim] was quoted as saying. - Malay Mail, 9/9/2024
2 days later, the 'crackdown' on GISBH happens. Is Anwar just another untrustworthy politician that says things depending on the crowd and circumstances - sometimes things that he too personally do not believe in? If not, why is not speaking out and acting now?
Was there any reason for remand detention in this case? Remember, the suspect can be out on police bail - and still investigation can continue. Suspects can be asked to come at particular times when presence required for investigations. Remember Najib, Zahid Hamidi, etc - they were never detained in remand for the purpose of investigations.
Remand is already 'torture' - it affects the suspects(not yet accused) rights - it disrupts and put at risk his employment and other income generating activities. It disrupts his family life (and also creates unjustified 'prejudice' on his spouse, children and family,..
If remand detention is not used in only most necessary situations - it becomes 'per-conviction punishment' - torture.
So, after the remand period is over - WHY were the suspects not charged in Court? Have the police not completed their investigations? Police have been giving the impression that they have been investigating for some time before... So, why were they not charged but re-arrested again? As we saw in Najib's cases, you do not have to charge a person for all charges at one time - Najib was charged several times for different charges...
Normal criminal cases, the maximum period allowed to remand a suspect for the purposes of investigation is LIMITED by law passed in Parliament - for offences punishable with imprisonment of less than fourteen years, it is 4 days(1st application) and 3 days(2nd application). For more serious offenses, it is 7 days and then another 7 days? So, it was very important to know what was the OFFENCE these GISBH allegedly associated person. Remand applications are before the Magistrate, who hears all parties(police and suspect) before deciding on the remand order - an opportunity for the Magistrate to be sure that there was no torture or wrong-doing during the remand detention.
SOSMA - so, if justified to use SOSMA, then the Magistrate is completely ousted - so no judicial supervision of the 'detention for purpose of investigation'. So, they could be given a 'Black Eye' like Anwar, and no one will know...dangerously unjust
SOSMA however do not even require the arrested suspect to be brought before the Magistrate within 24 hours, and for further detention, all that is required is for ‘…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….’(Section 4(5) SOSMA).SOSMA must be repealed now, if not seriously amended to remove mandatory denial of bail, and restoration of Magistrate’s role in detention for purpose of investigation...(MADPET)
SOSMA thus allows for unmonitored(by Magistrate) prolonged detention for purpose of investigation only - not for 'PUNISHMENT'. I hope this government will restore the need for application/hearing for remand. It matters not that the maximum permitted remand may be longer than usual - but still ensure that application before Magistrates continue, and maximum remand period for each application is fixed at least 7 days(or less)...
All person arrested, detained and investigated for any SOSMA listed offence must be CHARGED and tried in Court. SOSMA is not a Detention Without Trial law like then ISA, or the still existing POCA or POTA
Does this mean the police need MORE TIME to investigate - so, release them all on police bail, prevent them from leaving Malaysia, etc...
I am waiting for them to be charged...and whether the Court will find them guilty..
TELLS us now which particular SOSMA listed offence they are being investigated on - In the BERNAMA report, the police were VAGUE - was it because SOSMA was not justified?
A total of 16 individuals, including senior management from Global Ikhwan Services and Business Holdings (GISBH) were rearrested today.
Their arrest was under the Security Offences (Special Measures) Act 2012 (Sosma) in connection with allegations of child and religious exploitation.
Bukit Aman Criminal Investigation Department (CID) director Mohd Shuhaily Mohd Zain said since the launch of Op Global in September, 58 individuals have been detained under Sosma.
Meanwhile - pay attention to the Mufti (Federal Territories) Bill 2024 in Parliament now - if passed, it will affect all Malaysians, not just Muslims. Even if it only affect Muslims, it is a concern of everyone to ensure that justice and human rights are protected, not violated. Maybe, will look at it more in a later post.
SEE also
GISBH – Do Not Impose Pre-Conviction ‘Punishment’, Which May Caused Irreversible Damage to Business and Workers, Based on Allegations or Police’s Suspicions Before the Court Makes A Determination Of Guilt (MADPET)
Repeal AMLA Draconian Provisions - ONLY Court should make ORDERS related to criminal administration of justice - not police, enforcement agency, Minister or prosecution.
9/11 GISBH - What is happening? Are the actions in accordance with law? PAS raises concern about unfair targetting of business premises?
Senior GISBH management among 16 rearrested under Sosma
Bernama
Published: Oct 10, 2024 8:11 PM
Updated: 8:11 PM
A total of 16 individuals, including senior management from Global Ikhwan Services and Business Holdings (GISBH) were rearrested today.
Their arrest was under the Security Offences (Special Measures) Act 2012 (Sosma) in connection with allegations of child and religious exploitation.
Bukit Aman Criminal Investigation Department (CID) director Mohd Shuhaily Mohd Zain said since the launch of Op Global in September, 58 individuals have been detained under Sosma.
He said during the month-long operation, the authorities arrested 415 individuals and rescued 625 victims aged between two months and 28 years.
“Out of these, 553 victims have been placed in 13 shelters managed by the Social Welfare Department (JKM), while 72 have been handed over to family members,” he said.
He was speaking during a press conference at the Police Training Centre in Kuala Lumpur today.
Bukit Aman Criminal Investigation Department director Mohd Shuhaily Mohd Zain
Shuhaily said the process of recovering all affected children was being carried out meticulously and rigorously by JKM.
Investigation, detention, charges
Meanwhile, he said out of the 415 individuals detained, 273 have been granted bail, 37 released without conditions, 35 remain in custody, two have been handed over to the Kedah Islamic Religious Affairs Department, while one has been transferred to the Immigration Department for deportation.
Shuhaily said 97 investigation papers have been opened for various offences, including one each under Section 130v of the Penal Code and Section 4(1) of the Anti-Money Laundering and Anti-Terrorism Financing Act (AMLATFPUAA) 2001.
Of these, 12 investigation papers involving nine individuals have led to 34 charges, including 20 counts under Section 14(a) and Section 14(b) of the Sexual Offences Against Children Act 2017, Section 31(1)(a) of the Child Act 2001, Section 354 of the Penal Code, and Section 506 of the Penal Code.
He said four investigation papers involve two cases under Section 12 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (Atipsom) 2007, and one each under Section 14(a) of the Sexual Offences Against Children Act 2017 and Section 5(1) of the Child Care Centres Act 1993, all of which have been directed for prosecution by the Attorney-General’s Chambers and will be charged shortly.
“Police investigations are ongoing, and these arrests were made following interrogations. As long as investigations continue to uncover remnants of GISBH followers posing a threat to national security, we will persist,” he said.
More raids
Regarding the raids on indoctrination centres operated by GISBH, Shuhaily said multiple centres were raided during the fourth phase of Op Global, but were found to be closed.
“We will provide details on the number of centres involved. So far, no victims have come forward to report indoctrination at these locations,” he added.
He also urged former members or followers of GISBH to step forward with any information to assist the investigation.
He said the call from Inspector-General of Police Razarudin Husain for former members and followers of GISBH to provide information about the organisation has received a positive response, with some individuals cooperating to aid the investigation.
He confirmed that during Op Global, authorities have employed 12 different acts for their investigations, including the Child Act 2001, the Sexual Offences Against Children Act 2017, Atipsom 2007, the Child Care Centres Act 1984, the Printing Presses and Publications Act 1984, the Income Tax Act 1967, and the Communications and Multimedia Act 1998.
- Bernama, Malaysiakini, 10/10/2024
Recalling ‘black eye’ in 1998, PM Anwar backs protection for detainees to prevent lock-up abuses, says willing to join Suhakam checks
KUALA LUMPUR, Sept 9 — Prime Minister Datuk Seri Anwar Ibrahim today said his government is fully committed to resolving custodial abuses and deaths in Malaysia.
He said his personal experience 26 years ago has shown him the necessity to ensure there is adequate protection for all detainees from potential abuses.
“When people talk about concerns regarding abuse and deaths in lockups, there’s no need to convince me because I know how it feels, and we feel it seems helpless when you’re assaulted to near death in the lockup,” he was quoted by Bernama as saying at the 25th anniversary celebration of the Human Rights Commission of Malaysia (Suhakam) here this evening.
The 77-year-old recalled his experience at being beaten while in police custody in 1998 when he was deputy prime minister and detained for suspected corruption and sodomy, which resulted in the widely reported “black eye” incident.
Anwar said Datuk Seri Mohd Hishamudin Md Yunus – the current Suhakam chairman – was among several people who stepped forward to defend him back then.
“We need to support all efforts necessary to protect the suspect or convict in the lockup, and I’m pleased to say that both the home minister and Inspector-General of Police support the idea.
“(But) their concern and also my concern is that not everyone who comes out with cuts, injuries or even dies in the lockup is necessarily due to police abuse. That is why we need proper procedures and protection,” he was quoted as saying.
He said various measures have been put in place to ensure detainees’ rights, including abolishing the Internal Security Act 1960 and mandatory death sentences, although these steps have caused some concern in society.
Anwar also said he is willing to join Suhakam’s visits to police lockups to check on the conditions of the detainees.
“The police investigate, the judges deliver the sentence. Before a sentence is passed, suspects should not be punished beforehand,” he was quoted as saying.
Other dignitaries present at Suhakam’s anniversary
celebration included Minister in the Prime Minister’s Department (Law
and Institutional Reform) Datuk Seri Azalina Othman Said. - Malay Mail, 9/9/2024
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