ON HUMAN RIGHTS, JUSTICE AND PEACE ISSUES, LABOUR RIGHTS, MIGRANT RIGHTS, FOR THE ABOLITION OF THE DEATH PENALTY, TOWARDS AN END OF TORTURE, POLICE ABUSES, DISCRIMINATION...
How long does a judge need to pronounce a decision after trial... after hearing submissions of prosecution and accused?
Judge Datuk Azhar Abdul Hamid then reserved his judgment.
He said he would inform both parties when he was ready to deliver his verdict.
"Do not worry, I will not take long... my officer will inform both parties when the ruling is ready," he said...- 11/4/2023
Almost 2 months have gone by..
It would be best that judgment be pronounced soonest when the facts and arguments are still fresh in the judge's mind.
The judge's decision ought to be same irrespective of the fact the accused is an MP or a member of the party that forms the government... or even the Prime Minister.
Many wonder whether the decision is being delayed until after upcoming elections in 6 States.
Is this also affecting other cases involving politicians who are from parties in' the
' unity government' or who are friendly with the said government?
It is most important for law enforcement, prosecution and the Judiciary be always independent of the government, the Cabinet , or the Prime Minister - AND it must be seen to be so....INDEPENDENT
Has there been a decline of reports about past Ministers or current politicians being investigated for corruption, etc.... Is this a new policy of Anwar Ibrahim and PH?
Oddly, there is very little reports of death in police custody in Malaysia > has it ended in 2023? Or is there less reporting by the media at the behest of someone or no one?
Judgment reserved in Syed Saddiq's RM1 million CBT abetment case
Syed
Saddiq Syed Abdul Rahman gestures as he arrives at the Kuala Lumpur
Courts Complex ahead of the trial. -NSTP/ROHANIS SHUKRI
KUALA
LUMPUR: Former Bersatu Youth (Armada) chief Syed Saddiq Syed Abdul
Rahman had malicious intent when he instructed his subordinate to
withdraw RM1 million from Armada's bank account, the High Court heard
today.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said the
former minister had abused his friend's trust when he instructed former
Bersatu assistant treasurer Rafiq Hakim Razali to withdraw the money.
"Withdrawing the money is not wrong but his (accused's) intent was wrong.
"Rafiq was just following orders. He (Syed Saddiq) decided to
withdraw the money due to the political unrest at that time," he said.
Shaharuddin said this in his submissions in the Muar Member of
Parliament's corruption trial for abetting criminal breach of trust
(CBT), misappropriation of assets and money laundering involving funds
from Armada.
Earlier, Shaharuddin contended that the accused never used RM120,000
for his political purposes, instead the money was transferred into his
Maybank account.
"The accused also never told anyone that he used his own money as an upfront for his general election campaign.
"The defence failed to bring any documents, notes, or witnesses to support their claims.
"Based on statements in court, RM100,000 from the total amount was
transferred into the accused's Amanah Saham Bumiputera (ASB) account,"
he said.
Syed Saddiq's lead counsel Gobind Singh Deo, in his submission
yesterday, argued that the withdrawn money was meant for organising
activities which coincided with the party's goals as well as to fight
for social justice and safeguard the people's welfare.
Gobind also submitted that Syed Saddiq's charge under Section 405 of
the Penal Code for abetting Rafiq in criminal breach of trust involving
the RM1 million funds should be demolished, as the charge sheet
explicitly states that Rafiq had acted dishonestly.
However, he said, the prosecution has not proffered any argument to
suggest Rafiq had acted dishonestly, nor challenged any evidence that
supported the facts that Rafiq was not dishonest in withdrawing and
utilising the funds for the people's welfare, that constituted
misappropriation.
Judge Datuk Azhar Abdul Hamid then reserved his judgment.
He said he would inform both parties when he was ready to deliver his verdict.
"Do not worry, I will not take long... my officer will inform both parties when the ruling is ready," he said.
Syed Saddiq, 30, is charged with one count of abetting Rafiq in
criminal breach of trust involving RM1 million of the organisation's
funds.
The court also ordered him to enter his defence against three other
charges of misusing property for himself involving RM120,000 from a
Maybank Islamic Bhd account belonging to Armada Bumi Bersatu Enterprise,
by causing Rafiq to dispose of the money; and two counts of engaging in
money laundering involving two transactions of RM50,000, believed to be
proceeds of unlawful activities from his Maybank Islamic Bhd account
into his Amanah Saham Bumiputera account.- NST, 11/4/2023
Passengers aboard a Royal Air Maroc flight from Gran Canaria to Casablanca have thwarted the deportation of a young Guinean migrant.
Sitting on the floor with a seatbelt tying his legs together, according to La Provincia, he pleaded: “Spaniards, what have I done? Open the door, I want to get off!”
The
aircraft was already bound for the runway, but this outcry just before
1pm on Saturday stirred the other passengers aboard the flight into a
riot.
The two Spanish National Police officers accompanying the man eventually relented and asked for take-off to be aborted.
The
Moroccan national carrier initially refused, but an emergency call
grounded the aircraft at the last minute and the migrant was allowed to
disembark.
The crew of the Royal Air Maroc flight wanted to press ahead with the flight despite the protests (Image: GETTY)
Minutes
after the incident took place, lawyer Loueila Mint el Mamy posted a
video on Twitter sent to her by a colleague who happened to be on the
plane.
He caption reads: “There is a Guinean boy lying on the
floor in bad conditions. The Spanish police have asked for the flight to
be stopped and the Moroccan company refuses.”
According to a
witness, the migrant was sitting in the gangway in the last row of the
plane, continually begging not to be deported back to his country
because he would be imprisoned there.
Moved by his appeal, three passengers asked the man whether he had applied for asylum, to which he answered that he had not. - Express UK, 7/6/2023
There are those in Malaysia that believes that the Public Prosecutor is NOT INDEPENDENT - and will do whatever the government of the day 'orders' - I choose to want to believe that the Malaysian Public prosecutor is INDEPENDENT, and will always act professionally... in the administration of criminal justice.
They will not 'sabotage their own cases by failing to submit all evidence - whereby court will at the end of the day will be unable to find the accused guilty....because prosecution failed to prove guilt beyond reasonable doubt.
They will NOT simply discontinue cases mid-stream, and the end result maybe that the court will acquit the accused - thus that accused can never ever be charged again for the same offense.
Malaysian Deputy Prime Minister Zahid Hamidi has sent a representation
to the Attorney-General’s Chambers (AGC) to have his graft charges
dropped, the Kuala Lumpur High Court was told.
It is true that any accused can sent a representation to the Public Prosecutor at any time, and the Public Prosecutor is duty bound to consider the representation and decide - i.e. to 'discontinue' prosecution, or continue with prosecution.
Attention on this case is high because the ACCUSED here is the now new Deputy Prime Minister and current leader of the Barisan Nasional and UMNO.
What be interesting is the words used in several media reports, ... instructed by whom?
He[Deputy Public Prosecutor Abdul Malik Ayob] also confirmed that the prosecution was instructed not to object to a postponement. - Straits Times, 10/4/2023
He also confirmed that the prosecution was instructed not to object to a postponement. - Star
So, the question is - WHO INSTRUCTED THE PROSECUTION NOT TO OBJECT TO THE POSTPONEMENT? Well, the MalaysiaNow report suggests that it was the Attorney General(who is also the Public Prosecutor) Idrus Harun, and that is great. Is the Public Prosecutor Idrus Harun FREE from outside 'orders/instructions'?
"My instructions (from the attorney-general) was not to object to this
application for adjournment. The letter was voluminous and had complex
issues to be considered," he said, citing also the length of the letter
which he said was 200 pages long.
Is it common for the Public Prosecutor himself to 'instruct' a Deputy Public Prosecutor(DPP) conducting a criminal trial? Is he acting on his OWN - or acting on the 'orders' of the another?
The 2nd oddity is the fact that '... AGC also received a letter
attached to the representation from the Malaysian Anti-Corruption
Commission (MACC), stating it would investigate the new issues raised by
Ahmad Zahid's defence. ...' - normally after representation to AGC, then only will the AGC ask the MACC to investigate further if needed. But here, it seems that MACC may have acted on its own.... and Zahid's lawyers can attach this MACC letter in there representation. Strange..but maybe media reports not that accurate.
In this matter, is the fact that Idrus Harun term of office as Attorney General been extended for another year has any 'bearing' with these cases? Following trend of immediate past governments, where a new government will appoint a NEW AG - what Anwar did was interesting >>> extending the term of Idrus Harun(now 67 years old) for a year.
The Malaysian government today announced that
Tan Sri Idrus Harun has been reappointed as the attorney general (AG),
and that he would be serving one year under the latest appointment....Today’s announcement came after Idrus’s two-year term as attorney general was to officially end on Sunday (March 6).
Recall that former attorney-general Mohamed Apandi Ali, in then Najib's government, came out publicly saying that Najib Razak did not commit any crime in connection with 1MDB- only to be proven wrong later when the Federal Court affirmed Najib's conviction. It was the new Attorney General/Public Prosecutor Tommy Thomas that subsequently charged Najib in court.
The question that arose then, and is still relevant today is HOW Independent are the Attorney General(also Public Prosecutor) from the current government? the current Prime Minister?
Do the government(or Prime Minister) decide who will be charged in court and who will not be? Which cases will the prosecution DISCONTINUE mid-stream, and 'support' an application for an acquittal? Which decisions will the prosecution APPEAL and which will they discontinue the appeal?
Many believe that the PUBLIC PROSECUTOR must always act independently, and seen to be acting independently - especially free from the influence or 'instructions' of the current PM or government.
Zahid is the Deputy Prime Minister - the leader of UMNO/BN, which Anwar and his Pakatan Harapan coalition NEEDED to form and maybe sustain this 'Unity Government'....and many wonder all cases against UMNO/BN and even PH leaders(or friends) may be slowly dropped one way or another...
BUT in this Akalbudi case, the High Court has already decided that the prosecution had proved its case - and Zahid Hamidi was called to enter his Defence. So, here Zahid Hamidi has the difficult task of proving his innocence... and if he FAILS to raise reasonable doubt, the High Court will convict and sentence him...
Justice Collin Lawrence Sequerah ruled on Monday (Jan 24) that the
prosecution had proven a prima facie case against the Umno president
after a maximum evaluation of the evidence."I call upon the accused to enter his defence on all charges," he said in a brief decision.- Star, 24/1/2022
Now, Zahid Hamidi can present all these 'new evidence' and arguments in court and the Court will decide whether he is guilty, whereby he will be convicted and sentenced.
However, by putting in a Representation to the Public Prosecutor asking that the case be discontinued means taking away the decision making from the Judge and the Court > now, it is up to the Public Prosecutor ALONE to decide whether to discontinue prosecution at this stage..... or not.
If the Public Prosecutor(Attorney General) decide to discontinue prosecution - then Zahid's lawyer will most likely apply to the Judge to grant an ACQUITTAL. Normally, a discontinuance leads to a DNAA - Discharge Not Amounting To An Acquittal >> which means at any time later, the prosecution can recommence prosecution. The JUDGE also have the power to give an ACQUITTAL - so, it will be up to the Judge. An acquittal means Zahid Hamidi will never be able to be charged and tried for the same or similar offences in the future EVEN if new and additional evidence of guilt is discovered.
'Security of Tenure' is a safeguard to ensure independence - but this is absent when his appointment is by fixed-term contracts, noting that our AG has passed the retirement age of 65(or is it 60 for the AG or Public Prosecutor).
In this Zahid Hamidi cases, the fact that MACC seems to have started investigation, possibly even before the Public Prosecutor asked them to brings us to another fact - the extension of contract of the MACC chief...
Tan Sri Azam Baki (picture) has been reappointed as Malaysian
Anti-Corruption Commission (MACC) chief commissioner for a period of one
year, with effect from May 12, said Chief Secretary to the Government
Tan Sri Mohd Zuki Ali. -Malaysian Reserve, 10/5/2023
Remember that Azam Baki scandal - the questions, amongst others, was whether Azam Baki committed a misconduct as Public Officer when he had more than RM100,000 shares? Other than that was the issue of workings of the 5 check and balance committees/etc - the failure of one of these 'Task Force' meeting despite a member, Terence Gomez, raising the matter with the Chair - all in all, the whole matter remains undealt with - and Anwar Ibrahim to date failed to address it. Most expected that PM Anwar and the PH-led government would have appointed a NEW MACC Chief, and not retain Azam Baki...
Has this anything to do with the Zahid Hamidi's 're-investigation' or investigation of new matters... Frankly it matters not, as the HIGH COURT already did a maximum evaluation of evidence already presented by prosecution and decided 'the
prosecution had proven a prima facie case against the Umno president
after a maximum evaluation of the evidence.'
With regard the Zahid Hamidi's case, there are 2 representations
## Representation to have his graft charges
dropped in this 'Akalbudi' case
## Representation to withdraw the appeal in the foreign visa system (VLN) case, where the prosecution has appealed to the Court of Appeal
Tan Sri Idrus Harun, our current
Public Prosecutor, is thus in the LIMELIGHT - will he act independently
and professionally which will improve PUBLIC PERCEPTION of the Public
Prosecutor and Prosecution in Malaysia> OR will he end up being
perceived as 'listening to his political masters' - hence not an
independent public prosecutor.
Malaysian Judiciary, the Public Prosecutor and also Law Enforcement Must Always Be Seen To Be Independent - They must act even against the Prime Minister if he/she breaks the law...that is what Malaysia expects.
We are watching ...
Zahid seeks to have YAB charges dropped, trial postponed to Aug 1
KUALA LUMPUR: Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi has sent a representation to the Attorney General's Chambers (AGC) to have his graft charges in the trial involving misappropriation of funds from Yayasan Akalbudi (YAB) dropped, the High Court was told.
His lawyer Hamidi Mohd Noh told this to Court of Appeal judge Justice Collin Lawrence Sequerah, who is presiding at the High Court, citing "new facts and evidence" in the case.
Hamidi sought for the trial, which was to resume on Monday (April 10), to be postponed because of the latest development and to wait for the decision on the representation.
According to Hamidi, the representation letter which contained more than 200 pages was addressed to Attorney General Tan Sri Idrus Harun himself and the prosecution would need to study it.
The prosecution did not object to the postponement, he said.
Deputy public prosecutor Abdul Malik Ayob confirmed that the prosecution had received the lengthy representation letter, which he said contained "complex issues".
He also confirmed that the prosecution was instructed not to object to a postponement.
The judge then asked the DPP about the time needed to study and decide on the representation.
Abdul Malik replied that the AGC also received a letter attached to the representation from the Malaysian Anti-Corruption Commission (MACC), stating it would investigate the new issues raised by Ahmad Zahid's defence.
He said the prosecution had not received any information on the investigation but needed its outcome to decide on the representation.
"We do not know whether the investigation has begun or otherwise, (but) to complete the entire process, we would require the result of the investigation," Abdul Malik said.
Justice Sequerah then allowed the postponement.
He fixed Aug 1 for parties to inform the court on the result of the representation.
Ahmad Zahid is facing 47 charges, involving 12 for criminal breach of trust (CBT), eight for corruption and 27 for money laundering, involving tens of millions of ringgit belonging to Yayasan Akalbudi, a charitable foundation he established.
Prosecution says instructed not to object as Zahid's case adjourned for 'further probe'
The
deputy public prosecutor says reasonable time is needed to consider the
application due to the length of the latest representation by the Umno
president.
The
prosecution in Ahmad Zahid Hamidi's corruption case on Yayasan Akalbudi
funds today said it had been instructed by the attorney-general not to
object to an application for an adjournment of trial pending a decision
on a letter of representation for a reconsideration of the charges
against him.
Zahid's lawyer Hamidi Mohd Noh earlier told the court that the Umno
president had sent a letter of representation to the Attorney-General’s
Chambers (AGC) for the 47 charges of criminal breach of trust,
corruption and money laundering against him to be dropped.
"We wrote a letter of representation in January, and we sent a
continuation and a new representation with some new facts and evidence
relating to the charges to the AGC in February," he said.
He also asked High Court judge Collin Lawrence Sequerah to adjourn
today's proceedings pending a decision by Attorney-General Idrus Harun
on the representation.
Deputy public prosecutor Abdul Malik Ayob then told the judge that he
had received instructions from the attorney-general not to object to
the application.
"My instructions (from the attorney-general) was not to object to
this application for adjournment. The letter was voluminous and had
complex issues to be considered," he said, citing also the length of the
letter which he said was 200 pages long.
"After going through the representation which is lengthy and
contained complex issues, we were instructed not to object to the
application (for an adjournment of hearing) because the prosecution
needs reasonable time to consider (the representation)," he added.
He said the letter also stated that the Malaysian Anti-Corruption
Commission (MACC) was conducting further investigations on the new
evidence presented by the defence.
"We have not received any information regarding MACC's investigation,
but the prosecution needs the results of the investigation to decide on
the representation application.
"We do not know whether MACC has started the investigation or not,
therefore to complete the whole process, we need the results of the
investigation," he said.
Sequerah then allowed the case to be adjourned until Aug 1.
Zahid, who is also rural and regional development minister, faces 12
counts of criminal breach of trust, eight of corruption and 27 of money
laundering involving tens of millions of ringgit belonging to Yayasan
Akalbudi.
Last month, he succeeded in his bid for the permanent return of his
passport, for the purpose of carrying out his official duties abroad.
The passport was previously surrendered to the court as an additional bail condition.
The Court of Appeal allowed his application, overturning the previous High Court decision by Sequerah dismissing his bid. - MalaysiaNow, 10/4/2023
Idrus Harun reappointed as AG, to serve one more year
Tan
Sri Idrus Harun has been reappointed as the attorney general (AG) and
would be serving one year under the latest appointment. ― Picture by
Azinuddin Ghazali
By IDA LIM
Tuesday, 08 Mar 2022 6:14 PM MYT
KUALA LUMPUR, March 8 — The Malaysian government today announced that
Tan Sri Idrus Harun has been reappointed as the attorney general (AG),
and that he would be serving one year under the latest appointment.
Chief Secretary to the Government Tan Sri Mohd Zuki Ali made the announcement today.
“It is notified that in line with Article 145(1) of the Federal
Constitution, Seri Paduka Baginda Yang di-Pertuan Agong has assented to
the reappointment of Y Bhg. Tan Sri Idrus bin Harun as attorney general
for a period of one (1) year with effect from March 6, 2022,” Mohd Zuki
said in a brief one-paragraph statement today.
Under Article
145(1), the Yang di-Pertuan Agong shall, on the advice of the prime
minister, appoint a person — who is qualified to be a Federal Court
judge — to be the attorney general.
Today’s announcement came after Idrus’s two-year term as attorney general was to officially end on Sunday (March 6).
Immediately before becoming the attorney general in March 2020, Idrus was serving as a Federal Court judge.
Throughout his 42-year career, the Kedah-born Idrus — who is also a law
graduate from Universiti Malaya — had served in multiple positions such
as in the Attorney General’s Chambers’ (AGC) division which is tasked
with drafting laws, being the head of the Federal Territory Prosecution
Unit, and being a deputy public prosecutor with the AGC.
Idrus
had also in the past served as senior federal counsel to both the
Election Commission and the Malaysian Anti-Corruption Commission’s
(MACC) predecessor Anti-Corruption Agency, and also as the solicitor
general — the second-highest ranked AGC official after the attorney
general — from 2006 to 2014.
He then served as a Court of Appeal
judge for about four years, and as Federal Court judge from November
2018 until his March 2020 appointment as attorney general.
Idrus is also the older brother of Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun.
Previously, on March 6, which was when Idrus’s term would have ended, news portal Free Malaysia Today (FMT) had reported Malaysian Bar president AG Kalidas as questioning the seeming delay in making an announcement over whether there has been an extension of Idrus’s term as attorney general.
“It would be prudent if the prime minister does not wait until the
eleventh hour to advise the Yang di-Pertuan Agong and announce the
appointment in the event of vacancy or the extension of the current
appointment,” Kalidas was quoted as telling FMT. - Malay Mail, 8/3/2023
In statement shared to the New Straits Times,
a Telegram spokesperson Remi Vaughn said it refused to cooperate with
Fahmi’s ministry as the platform did not want to participate in “any
form of political censorship”. He added that Telegram has been actively
moderating harmful content on its platform including the sale of illegal
substances and public pornography... He iterated
that Telegram will not participate in any form of political censorship.
It is most disappointing that Pakatan Harapan rather than repealing the draconian provisions of the Communications and Multimedia Act
1998(CMA) are continuing to use them...
With Minister Fahmi from PH talking about demands of cooperation with Facebook and other social media apps... some say the real 'main' reason maybe a response of how social media impacted the recent GE15.
Yes, many Malaysians expressed their views and shared about stuff that may have influenced how voters voted.
Unlike GE14, the support for PH shrunk in GE15... And eventually to govern, Anwar and PH had to join BN, after PN(Bersatu, PAS and others) openly refused to join PH to form a coalition government.
So, is Anwar and PH now trying to 'censor' or 'control' service providers and app owners so that it's users(us?) will not break Malaysian laws? Or is it, to 'not say anything negative or against the CURRENT government'? Is the PH becoming the same with the old BN - censorship and no real freedom of expression/opinion? Or worse?
Telegram explains why it refuses to cooperate with Malaysia’s Communications and Digital Ministry
Communications
and Digital Minister Fahmi Fadzil has recently expressed concerns that
Telegram is unwilling to cooperate with the government despite several
requests for a meeting since January 2023. — SoyaCincau pic
By Alexander Wong
Monday, 29 May 2023 4:12 PM MYT
KUALA LUMPUR, May 29 — Communications and Digital Minister Fahmi Fadzil has recently expressed concerns that Telegram is unwilling to cooperate
with the government despite several requests for a meeting since
January 2023. He said there have been many complaints about scams,
pornography and illegal drug sales on the instant messaging platform.
In statement shared to the New Straits Times,
a Telegram spokesperson Remi Vaughn said it refused to cooperate with
Fahmi’s ministry as the platform did not want to participate in “any
form of political censorship”. He added that Telegram has been actively
moderating harmful content on its platform including the sale of illegal
substances and public pornography.
He added that Telegram
moderators have proactively monitor public parts of the app as well as
accepting user reports through the app or by email at abuse@telegram.org
to remove content that violates their terms of service. He iterated
that Telegram will not participate in any form of political censorship.
Fahmi
has recently told the Malaysian Communications and Multimedia
Commission (MCMC) to look at appropriate decisions that need to be made
in order to tackle inappropriate and scam content. As reported
previously, the MCMC has limited powers to act on platforms hosted
overseas as current policies are ineffective.
The
MCMC calls for intervention including reviewing the self-regulatory
framework as several over-the-top (OTT) applications and social media
platforms have not been effective in self-regulating the use of their
platforms in line with Malaysia’s laws and national interest. Despite
Meta’s promise that it has algorithms in place to tackle scams, it is
clear that they have failed to prevent scam ads impersonating brands and
public figures on Facebook and Meta. Even Fahmi himself is also a
victim of impersonation on Meta’s platform.
Several social media
platforms are not fast to act on scam and inappropriate content as they
lack a local team to monitor and act on user reports. To tackle scam
ads, the platforms which make huge revenues from online advertising
should be required to form a local moderation team and make it mandatory
to conduct basic checks on new advertisers to the platform.
Other
countries such as Indonesia have imposed new requirements for both
international and local platforms to adhere to new regulations that are
aimed at tackling harmful content. In Indonesia, all digital platforms
are required to register themselves as an Electronic Systems Provider
(PSE) which will require them to comply with take-down requests within
24 hours or within 4 hours if it is urgent. Unregistered platforms are
banned in the country and eventually, most popular platforms including
Facebook, Instagram, Netflix, TikTok and Telegram are spared after registering themselves with the government.
Malaysia Must Stop Pressuring Facebook and Telegram to Monitor or
Control User’s Private Communication
Telegram and app owners must be strong and protect user’s privacy
Malaysia’s actions with Facebook, Telegrams,
other App owners and service providers is raising concerns relating to our
right to privacy, including our right of private communication. The government
should not be ‘spying’ on people, and neither should the State be asking service providers or App owners to be
monitoring our communications over the internet. Internet user’s privacy must always
be respected, and many will just abandon apps where their private communication
is being seen by others, including the State.
MADPET (Malaysians Against Death Penalty and
Torture) reiterated its call for the immediate repeal of section 233, 263, 252,
265 and other draconian provisions in the Communications and Multimedia Act
1998(CMA). What the Minister is trying to do must be by reason of this
draconian Act.
. ‘…The Malaysian Communications and Multimedia
Commission (MCMC) is strengthening its
cooperation with Meta Platforms Inc (Meta) to curb Facebook activities that
violate Malaysian laws, Communications and Digital Minister Fahmi Fadzil
said…’(Malay Mail, 22/5/2023).
Is there any other way other than invading the
privacy of users and monitoring content of communication, that these service
providers and app owners can do what Malaysia is asking them to do?
The Minister, from the Pakatan Harapan that
were all for reforms and human rights before elections, must now clarify what
Malaysia is getting Facebook and other service providers to do.
Protect the privacy of our private
communications
The monitoring of any or all communications of all
Malaysian users is totally unacceptable.
However, if an internet user makes a police
report or a complaint to law enforcement of a crime, then the investigation of
the complainant’s communication through which the alleged crime occurred, and
maybe even the tracking the scammers, online gambling, pornography, etc may be
permissible. But certainly, no ‘spying’ on the communications on everyone all
the time or at any time, for whatever reasons and certainly NOT because
Malaysia wants to PREVENT attempts or crime that yet to happen, which may or
may not occur in the future.
There may be some support today in Malaysia if
it was the monitoring of Ministers, politicians, political appointees and
public officers to prevent corruption, power abuse and such crimes involving
Malaysia’s monies. However, MADPET would also be against that.
Laws, disrespecting privacy, that
enable continuing monitoring to prevent possible future crimes is unjust
Section 263(2) states, ‘(2) A licensee shall,
upon written request by the Commission[Malaysian Communications and Multimedia
Commission(MCMC)] or any other authority, assist the Commission or other
authority as far as reasonably necessary in
preventing the commission or attempted commission of an offence under any
written law of Malaysia or otherwise in enforcing the laws of Malaysia,
including, but not limited to, the protection of the public revenue and
preservation of national security.’ A ‘.."licensee" means a person
who either holds an individual licence, or undertakes activities which are
subject to a class licence, granted under this Act;..’.
Investigation and action comes after
crime committed
Action after a crime is committed is
reasonable, but insisting actions to prevent a crime which MAY or may not
happen though means continuing monitoring and actions by service providers or
app owners is unacceptable.
Are these service providers and app owners also
asked to suspend accounts on users because they believe there may be an attempt
to commit a crime is also wrong. If the State has a justification to take
action, they must act on their own after giving the alleged perpetrator the
right to be heard and getting a Court order.
There have been experiences of Facebook
accounts being temporarily suspended, but the user is at a loss as to whether it
is the action of Facebook, or really the action of Malaysia that got Facebook
or other apps/services to do so. There must be transparency on the part of the
Malaysian government, and the government must remember the presumption of
innocence until found guilty by a court of law. So, no to interference,
monitoring, suspension or blocking of accounts of users of any apps used for
private communication.
Facebook ‘buckled’ but not Telegram?
Whilst Facebook may have buckled to Malaysian government’s
request, it is good to note that Telegram has not to date.
Minister of
Communications and Multimedia Fahmi Fadzil said Telegram has been asked from
the outset to tackle these matters “but has refused to do so up to now, so I
asked MCMC to study the necessary actions”. He said MCMC was strengthening its
co-operation with Facebook owner Meta to curb activities that violate Malaysian
laws. (FMT,22/5/2023).
MADPET urges Facebook
and other service providers that will monitor user’s communication to ensure
Malaysian laws are not violated to openly disclose the fact to users, so users
can make informed decision as to whether to use the app or service. Many want
their communication to be private even from the prying eyes of the owner and
service provider.
MADPET applauds
Telegram, service providers and app owners that have stood strong against
government pressure to ensure privacy of user and user’s communication is
always protected.
MADPET urges the Malaysian
government to stop ‘pressuring’ service providers and app owners to ensure that
the users do not violate Malaysian laws. Stop making service providers and app owners liable
for crimes committed by users whilst using these internet communication tools.
MADPET reiterates its
call for the immediate repeal of the draconian provision in Malaysia’s Communications
and Multimedia Act 1998(CMA). Enclosed is MADPET’s statement ‘Respect People’s Right to Privacy,
Freedom of Expression - Repeal Section 233 and other rights violating
provisions in the Communications and Multimedia Act 1998(CMA)’ dated 4/3/2023,
which looks at some of these draconian provisions.
MADPET calls for the
respect of privacy, and urges the government to impose a moratorium on the
usage of these draconian provisions pending repeal.
Charles Hector
For and on behalf of MADPET
ADDENDUM
Media Statement – 4/3/2023
Respect People’s Right
to Privacy, Freedom of Expression - Repeal Section 233 and other rights
violating provisions in the Communications and Multimedia Act 1998(CMA)
Suspect’s right to be
informed and to be heard must be respected before online services are ‘blocked’
by State
The continued use of the draconian Section 233 Communications
and Multimedia Act 1998(CMA) by Malaysian government under Prime Minister Anwar
Ibrahim is appalling. News that the government will review this section is
welcomed, but MADPET (Malaysians Against Death Penalty and Torture) calls for
the repeal of Section 233 and all anti-human
rights provisions in CMA.
Despite the long-standing call of the Malaysian Bar (also
vide a Bar Resolution passed at the AGM in 2016 attended by over 1,000 lawyers),
SUHAKAM (Malaysian Human Rights Commission), civil society groups and others for
the repeal of this law, this PH-led government is still using this law.
The Bar in a statement December 2015 said, amongst others that
‘…Section 233(1)(a) of the CMA is a serious
encroachment on the freedom of speech and expression guaranteed by Article
10(1)(a) of our Federal Constitution. …Section 233(1)(a) of the CMA is also
repugnant to the rule of law, as it
is broad in scope, vague and ambiguous, with entirely subjective terms such as
“offensive” and “annoy”.It can easily be misused to stifle speech and expression,
to shut out contrary views, to quash dissent, to deny democratic space, and to
suppress Malaysians.It is this imprecision
that gives rise to the perception that the provision is yet another dressed–up
political weapon in the armoury of the Government…’
Section 233 criminalizes the publication and dissemination
online of communication that is ‘…obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another
person…’ It is just too broad and vague, and is open to abuse. For example,
the highlighting of violation of human rights or laws, or facts connected to
alleged violations of rights/laws, would likely ‘annoy’ or even ‘harass’ the
wrongdoer, and for the alleged wrongdoer, it could also be said to be ‘menacing
and offensive’. This should never be considered an offence.
As such, this section deters even the highlighting of human
rights abuses, breaches of law and even possible government wrongdoing. A criticism
of a statement of a Minister or anyone that is in the wrong can also be alleged
to be false, menacing, annoying or even harassment.
In 2022, the Centre for Independent Journalism documented 114 cases where Section 233 of the
Communications and Multimedia Act was used to investigate netizens and human
rights defenders.
CMA has also infringed press freedom, and this also can violate
people’s right to information. Two national newspapers are being investigated
by police for publishing news reports insinuating that Chinese vernacular
school students in the country are reluctant to learn Bahasa Malaysia. This
maybe just an opinion of some, so why the investigation at all.
Blocking access without
owner-user knowing – section 263
Another draconian provision is Section 263, whereby Section
263(2) states, ‘(2) A licensee
shall, upon written request by the Commission[Malaysian
Communications and Multimedia Commission(MCMC)] or any other authority, assist
the Commission or other authority as far as reasonably necessary in preventing the commission or
attempted commission of an offence under any written law of Malaysia or
otherwise in enforcing the laws of Malaysia, including, but not limited to, the
protection of the public revenue and preservation of national security.’ A ‘.."licensee"
means a person who either holds an individual licence, or undertakes activities
which are subject to a class licence, granted under this Act;..’.
This means access to your blog, website, Facebook, email, etc
can be blocked by the licensee or service providers on the request of the MCMC,
who simply have to send a written request.
What is worse is that you may not know WHY this happened, and who is responsible for this ‘censorship’
and deprivation of your right to communicate with others? Worse, this ‘censorship’,
interference, blocking of access and even closure of account of your online
facilities of communication can even happen before any alleged crime is
committed. One may end up wrongly blaming service providers and social media
applications, when the truth may be that it was the government that is
responsible.
If blog/website or any social media facility access is to be
blocked, the suspect of the alleged crime must be immediately informed by MCMC or the relevant authorities, and accorded
the right to challenge that decision.
Note that all the police or MCMC can do is allege or suspect
that a crime has been committed, for it is only the court, after a fair trial,
that determines whether an offence has been committed or not. Hence, premature punishment by blocking access to
internet facilities must end, as punishment ought to come after the court
decides on the guilt.
Spying on us – Section 252,
265 …
How many people’s communication online are being intercepted
and listened to using CMA? The people’s right to privacy must be respected and
acknowledged.
Section 252 CMA ‘…. authorise the officer to intercept or to listen to any
communication transmitted or received by any communications….’ . CMA says, "interception capability"
means the capability of any network facilities or network service or
applications service to intercept communications under section 265;
All that is needed now is the authorization of the Public
Prosecutor, and MADPET believes that it is better that the requirement be a
Court order made by a Judge, who will have to consider our right to privacy
before allowing for any such ‘spying’.
Section 265(1) states, ‘The Minister may determine that a
licensee or class of licensees shall implement
the capability to allow authorised interception of communications…’
CMA needs a total review, and all draconian provisions that
violates our human rights must be forthwith repealed
MADPET (Malaysians Against Death Penalty and Torture) calls
for the immediate repeal of section 233, 263, 252, 265 and other draconian provisions
in the Communications and Multimedia Act 1998(CMA);
MADPET calls for an
immediate stay in the usage of Section 233 and all draconian provisions of the
CMA pending repeal;
MADPET calls for respect
and acknowledgement of a persons right to privacy, and to insert this right in
the Constitution or relevant laws;
MADPET calls for press
freedom, and for the government to ‘end’ trying to scare or ‘control’ journalists
and media outlets from reporting and/or delivering information, including critical
opinions, to the Malaysian public.
Freedom of speech, expression and opinion must be respected.
If there is some ‘fake’ or ‘misleading’ information online, the government
should speedily correct or clarify rather than prosecuting the author and those
who shared it online. The government must acknowledge the right of people to express
opinions different from that of the government of the day, the police or MCMC.
Charles
Hector
For
and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
MCMC has Telegram in crosshairs over porn, drugs
Communications
and digital minister Fahmi Fadzil says people who conduct illicit
activities using social media apps should be taken to task.
Communications
and digital minister Fahmi Fadzil said Telegram had been approached
repeatedly by MCMC over such issues, but to no avail.
PETALING JAYA: The Malaysian Communications and Multimedia Commission
is examining ways in which it can curb illicit activities on the
Telegram social media app, communications and digital minister Fahmi
Fadzil said today.
The minister referred to users sharing pornography, and trading in drugs and medicines not approved for use in Malaysia.
“All of these matters are worrisome as they are legal violations,” he said.
He said Telegram has been asked from the outset to tackle these
matters “but has refused to do so up to now, so I asked MCMC to study
the necessary actions”.
He said MCMC was strengthening its co-operation with Facebook owner Meta to curb activities that violate Malaysian laws.
Fahmi
said commission officials met with Meta management last week and
discussed controls for online gambling as well as scam advertisements.
He denied claims by Telegram account holder Edisi Siasat that the ministry had not taken any action at all. - FMT, 22/5/2023
Fahmi: MCMC working with Meta to curb Facebook activities that violate Malaysian laws
Communications
and Digital Minister Fahmi Fadzil poses for a picture with guests at
the Malaysian National News Agency’s (Bernama) 56th Anniversary and
Aidilfitri Open House celebration at Wisma Bernama, Kuala Lumpur May 22,
2023. — Bernama pic
Monday, 22 May 2023 7:48 PM MYT
KUALA
LUMPUR, May 22 — The Malaysian Communications and Multimedia Commission
(MCMC) is strengthening its cooperation with Meta Platforms Inc (Meta)
to curb Facebook activities that violate Malaysian laws, Communications
and Digital Minister Fahmi Fadzil said.
He
added that the commission met with Meta management last week and
discussed controls on Facebook relating to online gambling and ads of
non-existent investments and scams.
“This issue is on Meta’s side,
I have repeatedly brought it up to be resolved, so during this meeting,
we have asked for further explanations on the online gambling and scam
issues, and these are what we are focusing on currently.
“I
hope our cooperation through MCMC and META will grow even closer in our
efforts to curb any misuse of the platform,” he told reporters after
attending the Malaysian National News Agency’s (Bernama) 56th
Anniversary and Aidilfitri Open House celebration at Wisma Bernama here
today, in the presence of Bernama chief executive officer (CEO) Roslan
Ariffin and Bernama acting editor-in-chief Jamaluddin Muhammad.
Fahmi
was refuting claims by Telegram account holder Edisi Siasat that his
ministry had not taken any action against such activities on Facebook.
He
also said they were studying how to take stern action against Telegram
users who upload pornography and use the app to sell drugs and medicines
unapproved by the Health Ministry.
“All of these matters are
worrisome as they are legal violations, from the onset, the (Unity
Government) administration has asked Telegram (to address) these issues
but they have refused to do so till now, so I asked the MCMC to study
the necessary actions,” he said.
Fahmi also took the time to
congratulate Bernama on its 56th anniversary, saying that the agency
played a vital role as a news agency in reporting news and historic
national events.
“Congratulations Bernama... a prime mover in the
Malaysian media industry, and as the organiser of the National
Journalists Day (Hawana) 2023.
“Changes in the media industry due
to the development of social media need to be studied together and my
ministry and I stand ready to assist Bernama,” he added. — Bernama - Malay Mail, 22/5/2023
Why is the Minister delaying putting in force the laws that will abolish the mandatory death penalty and life(or natural) life imprisonment? Why is the delay in putting in force the law that will begin the process where Federal Court will review those on death row, and those currently on life sentence?
Remember the Bills were passed in the Senate(the upper or other House of Parliament). Then, the Bills will need the royal assent - in Malaysia if the King's assent is not obtained in 30 days, it is deemed to have obtained Royal assent. As the Senate passed it on 11/4/2023?
Maybe the Acts of Parliament have been put into force but we do not know. The government must publicize the coming into force of the very just development.
Media Statement – 12/4/2023
Call on the King to speedily give his Royal Assent to the Bills abolishing
Mandatory Death Penalty and Imprisonment for Natural Life, and thereafter for
the Minister to put it into force these Acts without any delay
MADPET (Malaysians Against Death Penalty and Torture)
welcomes the passing by the Malaysian
Senate, the upper or other house of the Malaysian Parliament, on 11/4/2023
of the Abolition of Mandatory Death Penalty Bill 2023 and Revision of Sentence of
Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal
Court) Bill 2023. The Dewan Rakyat(House
of Representatives) of Parliament passed these Bills on 3/4/2023.
Time for the King to give his Royal Assent
After this, the King (Yang
di-Pertuan Agong) will have to assent to the Bills. Article 66(4) states (4)
The Yang di-Pertuan Agong shall within thirty days after a Bill is presented to
him assent to the Bill by causing the Public Seal to be affixed thereto.
However, if the King do not assent within
the stipulated 30 days, then according to Article 66(4A) which states, “…(4A)
If a Bill is not assented to by the Yang di-Pertuan Agong within the time
specified in Clause (4), it shall become law at the expiration of the time
specified in that Clause in the like manner as if he had assented thereto…’
Minister must not procrastinate in putting Acts in force
Even after the King has assented to the Bill, it will still
not become law until it is published and put into force by the relevant Minister.
Article 66(5) says ‘…A Bill shall become law on being assented to by the Yang
di-Pertuan Agong or as provided in Clause (4A), but no law shall come into force until it has been published, without
prejudice, however, to the power of Parliament to postpone the operation of any
law or to make laws with retrospective effect….’
MADPET asks the King to speedily assent to these Bills, and
for the Minister to thereafter immediately cause it to be published and put
into force.
The Abolition of Mandatory Death Penalty Bill 2023
The Abolition of
Mandatory Death Penalty Bill 2023 abolishes mandatory death penalty and natural life
imprisonment. Thereafter, for these death penalty offences, judges will have
the discretion to sentence to death or sentence “imprisonment for a term of not
less than thirty years but not exceeding forty years and if not sentenced to
death, shall also be punished with whipping of not less than twelve strokes”.
The Bill also will also amend “imprisonment for natural life”
with the words “imprisonment for a term of not less than thirty years but not
exceeding forty years”. These reasonably ends imprisonment until one die.
In Malaysia, the sentence of ‘Imprisonment for life’ is as
stated in the Criminal Justice Act section which says, that “Where any person
is treated as having been sentenced or is hereafter sentenced to imprisonment
for life, such sentence shall be deemed for all purposes to be a sentence of
imprisonment for thirty years;
Revision of Sentence of Death and Imprisonment for Natural
Life (Temporary Jurisdiction Of The Federal Court) Bill 2023
Revision of Sentence of
Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal
Court) Bill 2023 will
allow the Federal Court to review the sentence of death and imprisonment for
natural life imposed on a convicted person following the abolition of the
mandatory death penalty. This will benefit the about 840 of the 1,320 on death
row, who have completed all appeals will have their death sentence reviewed by
the Federal Court. Likewise, those that who have been sentenced to natural life
imprisonment.
MADPET calls for the King
(Yang di-Pertuan Agong) to speedily assent the said 2 Bills, being The
Abolition of Mandatory Death Penalty Bill 2023 and the Revision of Sentence of
Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal
Court) Bill 2023;
MADPET calls for the Minister
responsible, after getting Royal assent, to immediately publish and put the 2
Acts of Parliament into force.
Noting that the Bills,
when it becomes Acts of Parliament, will not abolish the death penalty, MADPET
reiterates its call for the abolition of the death penalty, and the continued
moratorium on execution pending abolition.
MADPET also reiterate for
the abolition of all forms of corporal punishment, including whipping.
Charles Hector
For and on behalf of MADPET (Malaysians
Against Death Penalty and Torture)
Ramkarpal: Death penalty not proven as best preventive measure for serious crimes
Deputy
Minister in the Prime Minister’s Department (Law and Institutional
Reform) Ramkarpal Singh speaks during a Parliament sitting in Kuala
Lumpur April 11, 2023. — Bernama pic
Tuesday, 11 Apr 2023 8:00 PM MYT
KUALA
LUMPUR, April 11 — The Abolition of Mandatory Death Penalty Bill 2023
would not necessarily lead to an increase in serious crime cases, the
Dewan Negara was told today.
Deputy Minister in the Prime
Minister’s Department (Law and Institutional Reform) Ramkarpal Singh
said crime rates were not solely dependent on heavy punishment, and
there was no study to show that death penalty was the best measure to
prevent crimes.
“Before this, a committee led by a former Chief
Justice had conducted a study on this issue and found that the deterrent
effect is not as what was told. There are many factors that can affect
crime rates, such as economic, social and psychological.
“Crime
rates also depend on the effectiveness of law enforcement, the public’s
understanding of the effects of crime and also the opportunity to commit
a crime,” he said when winding up the debate on the bill.
The bill was passed without amendments by majority voice vote after a debate by 17 senators.
Ramkarpal
said the bill was an ‘omnibus’ act as it included amendments to the
Penal Code, Firearms (Increased Penalties) Act 1971, Arms Act 1960,
Kidnapping Act 1961, Dangerous Drugs Act 1952, Strategic Trade Act 2010
and Criminal Procedure Code.
The
House also approved the Death Penalty and Life Imprisonment Review
(Federal Court Provisional Jurisdiction) Bill 2023 after it was debated
by 12 senators.
The
bill aims to empower the Federal Court to review the death penalty and
life sentence of inmates following the abolishment of the mandatory
death penalty. — Bernama, Malay Mail, 11/4/2023
Najib’s ‘house arrest’
-
Aliran has released a statement on the latest developments: The news has
made headlines both at home and abroad, and for good reason. For many, this
decisi...
Beyond the Bandung nostalgia
-
Sixty years on, the spirit of 1955 needs updating for today's world.
The post Beyond the Bandung nostalgia appeared first on Aliran.
APA PADA NAMA
-
1. Sejarah Malaysia dikait rapat dengan UMNO, Parti Kebangsaan Melayu
Bersatu. Parti UMNO pula dikenali dengan pemimpinnya. 2. Demikian di
peringkat permul...
China and HK may be barred from Asia Team meet
-
PETALING JAYA: The status of next week’s Asia Team Champion-ships in
Manila, the Philippines, is in quandary as two badminton nations – China
and Hong Kong...
PRU14 - Keputusan TEMERLOH - Parlimen dan DUN
-
Keputusan di Temerloh, harus kita analisa
1- Parlimen dimenangi Pakatan Harapan, yang juga menang DUN Mentakab,
tetapi BN menang DUN Lancang dan DUN Kuala ...
Thank you, Malaysians
-
Before the lights go out on The Malaysian Insider at midnight, we say
"Thank You" to our readers. TMI started on February 25, 2008. Today, after
eight year...
I believe in the freedom of expression - and everyone is free to use, reproduce, quote, copy and circulate, etc... materials published here. Please credit the source: http://charleshector.blogspot.com/.
For those of you who do have Blogs/Websites, it would be good if you could add a link to CHARLES HECTOR Blog. Please do promote the BLOG.
Anonymous comments or those containing profanities and obscenities (or irrelevant matters) will be rejected. Note that all comments made in post are personal opinions.
Number of Visits
Over 4 million visits. On an average, we have about 700-750 visits per day.Thank you all for your support and encouragement..
Posts
