Siti Noor Aishah Atam, 29 year old Malaysian woman, was charged and tried, and was found NOT GUILTY by the High Court. Prosecution applied to court to be able to continue to detain her under SOSMA until the Prosecution could appeal and the appeal was heard by the Court of Appeal - but the High Court Judge denied the prosecution's application, and Siti Noor Aishah, having being found not guilty was set free...on or about 29/9/2016 (a Bernama Report)
Pesuruhjaya Kehakiman Datuk Mohamad Shariff Abu Samah membebaskan Siti Noor Aishah yang berasal dari Dungun, Terengganu, tanpa memanggilnya membela diri terhadap pertuduhan itu selepas pihak pendakwaan gagal membuktikan kes prima facie di akhir kes pendakwaan....Mahkamah turut menolak permohonan Timbalan Pendakwa Raya Mohamad Mustaffa P. Kunyalam untuk menahan Siti Noor Aishah di dalam penjara mengikut Seksyen 30(1) Akta Kesalahan Keselamatan (Langkah-langkah Khas) 2012 (SOSMA) sementara menunggu rayuan difailkan oleh pihak pendakwaan terhadap pembebasan tertuduh.
But then, it seems that the police just went and re-arrested Siti Noor Aishah using the Prevention of Crimes Act(POCA) - Is this not CONTEMPT OF COURT?
Recently, it was reported, and she is now being released from 'Detention Without Trial' on or about 26/11/2016 , has been fitted with an electronic
monitoring device (EMD) - under POCA...
What happened to the prosecution's appeal to the Court of Appeal? Or did the police and/or prosecution simply decided that detaining her without trial was easier and better...now placing monitoring device and maybe imposing all kinds of other conditions will will take away her freedoms/rights ...WITHOUT TRIAL is better.. and easier?
REMEMBER - ARRESTED ON __, THEN APPARENTLY BECAUSE OF SOSMA, SHE STAYED DETAINED WITHOUT BAIL - TRIAL COMPLETES, COURT ACQUITS - RE-ARRESTED AND DETAINED UNDER POCA - NOW RELEASED FROM DETENTION BUT RESTRICTED AND HAVE TO USE ELECTRONIC MONITORING DEVICE and weekly report to Bukit Aman?...AFTER THAT WHAT - DETAINED AGAIN? RESTRICTED AGAIN?
"Tiada bukti menunjukkan tertuduh ada pengetahuan dalam buku-buku itu dan secara jelas buku-buku tersebut tidak diharamkan oleh pihak kerajaan dan Kementerian Dalam Negeri,"
Siti Noor Aishah Atam may not be a Anwar Ibrahim or Rafizi or Maria Chin - but she certainly deserves our attention, and we need to fight for Justice for her...?
POCA was amended in 2014 to now enable it to DETAIN PERSONS WITHOUT TRIAL, and just like the old Internal Security Act(ISA) - you cannot challenge the reasons/justifications for your detentions...You can only go to court to challenge whether all the steps and procedures were followed - but not the reasons/justification of your detention...
"15A. Judicial review of act or decision of Board
(1)
There shall be no judicial review in any court of, and no court shall
have or exercise any jurisdiction in respect of, any act done or finding
or decision made by the Board in the exercise of its discretionary
power in accordance with this Act, except in regard to any question on
compliance with any procedural requirement in this Act governing such
act or decision.
(2) In this Act, "judicial review" includes proceedings instituted by way of-
(a) an application for any of the prerogative orders of mandamus, prohibition and certiorari;
(b) an application for a declaration or an injunction; or
(c)
any other suit, action or other legal proceedings relating to or
arising out of any act done or decision made by the Board in accordance
with this Act.".
(1)
There shall be no judicial review in any court of, and no court shall
have or exercise any jurisdiction in respect of, any act done or finding
or decision made by the Board in the exercise of its discretionary
power in accordance with this Act, except in regard to any question on
compliance with any procedural requirement in this Act governing such
act or decision.
(a) an application for any of the prerogative orders of mandamus, prohibition and certiorari;
(b) an application for a declaration or an injunction; or
(c) any other suit, action or other legal proceedings relating to or arising out of any act done or decision made by the Board in accordance with this Act.".
YOU, yes you who are reading this, YOU could also be arrested and detained under POCA - and they may say that you are a 'terrorist' or 'involved in human trafficking' or 'crime gangs' - all of which maybe not true, but then you cannot go to court and tell the court that the reasons they are using are totally false...and courts cannot look at the reasons. So, you maybe simply going out with someone's daughter, and the father may just get you detained under POCA - 2 years plus 2 years plus ...(Detention can be indefinite)...
Siti Noor Aishah Atam's is still a victim of injustice ...They arrested and charged her for having in her possession some books relating to terrorism (But what are the the groups that Malaysia consider 'terrorist' - you do not find this list on the Home Ministry or Police websites...where are the list of 'banned books'...it is all 'gazetted' - but then we cannot get access to this gazettes unless we pay/subscribe - this is odd, all government gazettes should be accessible online for free - especially when that is where you will know who Malaysia considers 'terrorists' and what are these 'banned books'...) - see relevant post
Zahid Hamidi, TELL US what Malaysia considers as being 'terrorist organisations'? Hamas? ISIS?
POCA was amended in 2014, and then again in 2015 - and now it can be used against such a broad category of persons (or persons 'alleged' but not proven of doing so many different things) - In fact, the government can really repeal the POTA (that Prevention of Terrorism Act...) because now POCA can also be used against 'Persons who engage in the commission or support of terrorist acts under the Penal Code.'
See how the categories of persons that POCA can be used against - Why not charge them in court, convict and sentence? Why just keep them under Detention Without Trial or some other Orders that restrict freedoms and rights?
PREVENTION OF CRIME ACT 1959
FIRST SCHEDULE -
[Sections 2 and 22]
REGISTRABLE CATEGORIESPART I1. All members of unlawful societies which-
(i) use Triad ritual; or
(ii) are constituted or used for purposes involving the commission of offences that are seizable under the law for the time being in force relating to criminal procedure; or
(iii) maintain secrecy as to their objects.2. Persons who belong to or consort with any group, body, gang or association of two or more persons who associate for purposes which include the commission of offences under the Penal Code.[Am. PU(A) 122/2014:O.2]3. All traffickers in dangerous drugs, including persons who live wholly or in part on the proceeds of drug trafficking.
[Subs. PU(A) 122/2014:O.2]4. All traffickers in persons, including persons who live wholly or in part on the proceeds of trafficking in persons
[Subs. PU(A) 122/2014:O.2]5. All persons concerned in the organisation and promotion of unlawful gaming.[Am. PU(A) 122/2014:O.2]6. All smugglers of migrants, including persons who live wholly or in part on the proceeds of smuggling of migrants.
[Ins. PU(A) 122/2014:O.2]7. Persons who recruit, or agree to recruit, another person to be a member of an unlawful society or a gang or to participate in the commission of an offence.
[Ins. PU(A) 122/2014:O.2]8. Persons who engage in the commission or support of terrorist acts under the Penal Code.
[Ins. PU(A) 201/2015:O.2]
* Sadly, to date, her case ,has received little attention - there has also not been much media coverage. The facts and chronology of her case are derived from media reports which is found below..
Siti Noor Aishah Atam must be immediately and unconditionally released from further Detention and/or Restrictions under POCA...for justice to be done.
Ex-student fitted with tracker after nine months' jail under Sosma, Poca
Published Updated
Former
student Siti Noor Aishah Atam has been fitted with an electronic
monitoring device (EMD) after spending nine months in detention for
allegedly owning 12 banned books related to terrorism.
This is after her release last Saturday from close to two months in detention without trial under the Prevention of Crime Act 1959 (Poca), human rights NGO Suaram coordinator Amir Abdul Hadi said in a statement.
She was fitted with an EMD and instructed to report to Bukit Aman every Friday for eight weeks, he said.
The former University of Malaya Masters of Usuluddin (Islamic Studies) student was arrested under the Security Offences (Special Measures) Act 2012 (Sosma) on March 22, 2016, and was released on court order on Sept 26, after seven months in detention.
She was on April 19 charged under Section 130JB(1)(a) of Penal Code for alleged terrorism and links to terrorist group Jemaah Islamiyah (JI), Islamic State and al-Qaeda.
Judicial commissioner Mohamad Shariff Abu Samah on Sept 26 acquitted Siti Noor Aishah and ordered her release after the prosecution failed to prove she owned the books.
The JC said the 12 books were not banned by the government.
He also rejected the prosecution's application to re-arrest Siti Noor Aishah under Sosma.
However, Amir said, she was re-arrested under Poca on the same day.
Suaram has filed a complaint with the Human Rights Commission (Suhakam) and the Enforcement Agency Integrity Commission (EAIC) on Oct 21, 2016, he said.
Last December, police said more than 200 people were fitted with the EMD under Poca.
This is after her release last Saturday from close to two months in detention without trial under the Prevention of Crime Act 1959 (Poca), human rights NGO Suaram coordinator Amir Abdul Hadi said in a statement.
She was fitted with an EMD and instructed to report to Bukit Aman every Friday for eight weeks, he said.
The former University of Malaya Masters of Usuluddin (Islamic Studies) student was arrested under the Security Offences (Special Measures) Act 2012 (Sosma) on March 22, 2016, and was released on court order on Sept 26, after seven months in detention.
She was on April 19 charged under Section 130JB(1)(a) of Penal Code for alleged terrorism and links to terrorist group Jemaah Islamiyah (JI), Islamic State and al-Qaeda.
Judicial commissioner Mohamad Shariff Abu Samah on Sept 26 acquitted Siti Noor Aishah and ordered her release after the prosecution failed to prove she owned the books.
The JC said the 12 books were not banned by the government.
He also rejected the prosecution's application to re-arrest Siti Noor Aishah under Sosma.
However, Amir said, she was re-arrested under Poca on the same day.
Suaram has filed a complaint with the Human Rights Commission (Suhakam) and the Enforcement Agency Integrity Commission (EAIC) on Oct 21, 2016, he said.
Last December, police said more than 200 people were fitted with the EMD under Poca.
Those found tampering with the device or violating conditions of release can be jailed for two years.
As at Sept 30, 2015, 975 people have been detained under Poca.
Of that number, 193 were detained for gangsterism, 451 for violent crimes, 196 for property crimes and seven for drug-related crimes.
Poca was amended in 2013 to allow detention without trial after Internal Security Act 1960 and
Emergency (Public Order and Crimes Prevention) Ordinance 1969 (EO) were repealed.
The authorities said the EO was used against organised crimes, and amendments to Poca was to facilitate prevention detention and detention without trial.
As at Sept 30, 2015, 975 people have been detained under Poca.
Of that number, 193 were detained for gangsterism, 451 for violent crimes, 196 for property crimes and seven for drug-related crimes.
Poca was amended in 2013 to allow detention without trial after Internal Security Act 1960 and
Emergency (Public Order and Crimes Prevention) Ordinance 1969 (EO) were repealed.
The authorities said the EO was used against organised crimes, and amendments to Poca was to facilitate prevention detention and detention without trial.
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1 comment:
Such a cruelty to use the act to hold.in custody without trial, and after the case already dismissed by the judge. Suhakam should take this case strongly to give justice and reprieve to her ordeal
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