Media Statement – 16/1/2017
MADPET Urges USA To Immediately Release 2 Malaysians Being Detained
Without Trial For Over 10 Years In Guantanamo Bay Detention Centre
MADPET (Malaysians Against Death
Penalty and Torture) is shocked to find out that 2 Malaysians have been
subjected to detention without trial for allegedly over 10 years in the United
States of America’s infamous detention facility in Guantanamo Bay in Cuba.(FMT News,8/1/2017). Mohd Farik Amin and Mohammed Nazir Lep have been allegedly detained for about 10
years and 4 months, for allegedly being involved in the 2003 bombing of the JW
Marriott Hotel in Jakarta, which killed 12 and injured 150 others.
Article 10 of the United Nations
Declaration of Human Rights clearly states that, "Everyone is entitled in
full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any
criminal charge against him.". Everyone have the right to be presumed
innocent until proved guilty according to law.
It must be pointed out that these
2 Malaysians were amongst the Guantanamo detainees who had been recommended for
prosecution by the Guantánamo Review Task Force as of January 2010. But sadly,
after almost 7 years, they have yet to be granted their fundamental right to a
fair trial.
It is said that the Guantanamo Bay
detention facility is controlled by the US military, but not actually part of
the country and therefore not subject to US laws. There have been allegations
of torture, and also deaths in custody at this detention facility. President
Obama, when he became President promised that he will close down this facility,
but alas it still remains open.
MADPET is of the opinion that all
persons currently detained without trial should be immediately and
unconditionally released. It is unconscionable and unjust for persons to be
detained without trial, and in the case of these 2 Malaysians, it has been more than 10 years.
Malaysia should have been protesting
the detention without trial of any Malaysian, who have been denied their right
to fair trial. The failure to come to the aid and assistance is a failure on
the part of the government.
Malaysia should certainly not
support the justification forwarded by foreign nations to detain without trial,
and/or to torture Malaysians. As such, it is most sad that the Malaysian police
seems to be now justifying the 10 year plus detention without trial of
Malaysians by the US.
MADPET is also disturbed by
statements allegedly made by Malaysian police counter-terrorism chief, Ayob
Khan Mydin Pitchay, which maybe an attempt to convince the Malaysian public the
reason for the detention without trial, and maybe also the failure of the
Malaysian government to come to the assistance of these Malaysians overseas –
victims of denial of right to a fair trial.
Amongst others, Ayob Khan was
quoted saying, ““They are high-ranking members with a great deal of influence.
There is a high possibility they might return to their militant ways and join
other groups, especially the Islamic State,”. It may be of interest to know whether the
Malaysian police’s view is based on their own investigation, or simply an
acceptance of what the US detaining authority told them. Are there even
attempts by the Indonesian government to get these 2 Malaysians to be charged
and tried in Indonesian courts for their alleged crimes related to the bombing
in Jakarta?
The police officer’s, public
prosecutor’s and/or the government’s belief in the guilt or innocence is
irrelevant because no one is guilty unless tried and convicted after a fair
trial.
If they have broken laws in
Malaysia, then they must forthwith be brought back, charged in court and tried.
If they have not broken any Malaysian laws, then, of course, Malaysia will have
no justification to arrest or detain them on return to Malaysia. Continued
detention without trial in Malaysia is not acceptable.
The said media report indicated that
‘…Ayob said that if the two were
transferred back to Malaysia, they would be placed in the de-radicalisation programme, which has been proven to be
effective…’. There also was a similar suggestion made earlier ‘…last September,
deputy prime minister Ahmad Zahid Hamidi said Nazir might be transferred to
Malaysia but he would have to continue the de-radicalisation programme in jail…’
MADPET is extremely concerned about
what is meant by this ‘de-radicalisation programme in jail’, and hope that
Malaysia is not proposing detention under trial under POCA(Prevention of Crime
Act), POTA(Prevention of Terrorism Act) or some other Detention Without Trial
law.
This is unacceptable and MADPET reiterates
that Malaysia must abolish all detention without trial laws, and immediately
release all those currently being detained and/or being subjected to restrictions
by virtue of these draconian POCA and/or POTA.
Therefore, MADPET
Calls on the United States of
America(USA) to immediately release Mohd Farik Amin, Mohammed Nazir Lep,any
other Malaysians and others currently being detained without trial in Guantanamo
Bay Detention facility and other detention facilities in or under the control
of the USA.
Call on the Malaysian government
to do the needful to ensure that human rights of Malaysians, including the
right to fair trial, of those currently being held in Guantanamo Bay Detention
facility and detention facilities overseas are always respected and protected;
Reiterate our call on Malaysia to
immediately repeal the Prevention Of Crime Act 1959(POCA), Prevention Of
Terrorism Act 2015(POTA) any such
Detention Without Trial laws; and
Reiterate our call for the
immediate and unconditional release of all persons currently being
detained/restricted under Prevention Of Crime Act 1959(POCA) or any such Detention
Without Trial laws.
Charles Hector
For and on behalf of
MADPET (Malaysians Against Death
Penalty and Torture)
*****
Will Obama send Malaysia terror accused home?
Malaysia doesn't recognise the US court's authority
on them and the Americans have their concerns with the law here so it'll
be difficult, say sources.
PETALING JAYA: Two Malaysian militants held in Guantanamo Bay, the
United States’ infamous military prison in Cuba, are unlikely to be
among the 22 detainees transferred back to their home or other
countries, reported a local portal.
According to The Star Online, intelligence sources said the “long and
difficult” transfer process meant it was unlikely that Mohd Farik Amin
aka Yazid Zubair, and Mohammed Nazir Lep aka Bashir Lap, would be sent
to Malaysia.
Farik and Nazir reportedly had a role to play in the 2003 bombing of
the JW Marriott Hotel in Jakarta, which killed 12 and injured 150
others.
Before this, Daily Mail reported that outgoing US President Barrack
Obama was planning to transfer 22 detainees before Jan 20, the date
Donald Trump will be sworn in.
The targets for release were reportedly those who have been detained
for more than 10 years — and both Farik and Nazir have been there for 10
years and four months.
But intelligence sources The Star Online spoke to ruled out the two being transferred back to Malaysia.
“It is a long and difficult process. Both countries must agree on the
method of transfer and a suitable location, as well as duration to hold
these prisoners in Malaysia,” the source told The Star.
It is understood that the US government was seeking to charge and
sentence Farik and Nazir in a US military court but have the remainder
of that prison term served in Malaysia.
Another source said the problem with this was that Malaysia didn’t
recognise the military court’s authority and that the US didn’t agree
with the Prevention of Crime Act, which Malaysia may use to detain the
two.
Malaysian police counter-terrorism chief, Ayob Khan Mydin Pitchay
said Farik and Nazir posed a high level of danger, given their
involvement in international militant organisations, al-Qaeda and Jemaah
Islamiah.
He said Farik was an explosives expert, while Nazir specialised in hijacking American interests in the region.
“They are high-ranking members with a great deal of influence. There
is a high possibility they might return to their militant ways and join
other groups, especially the Islamic State,” said Ayob, who is Bukit
Aman Special Branch Counter Terrorism Division head.
In recent times, a number of Malaysians have left the country to join
Islamic State in Iraq and Syria, with some even becoming suicide
bombers.
Authorities in Malaysia have voiced concerns about returning militants attempting such activities here.
Ayob said that if the two were transferred back to Malaysia, they
would be placed in the de-radicalisation programme, which has been
proven to be effective.
Last September, deputy prime minister Ahmad Zahid Hamidi said Nazir
might be transferred to Malaysia but he would have to continue the
de-radicalisation programme in jail. - FMT News, 8/1/2017
****
Source:-
Citizens of Malaysia
Two citizens
of Malaysia have been held at Guantánamo.
The detainees include Zubair (Mohd Farik Bin Amin) and Lillie (Mohammed Nazir Bin Lep).
| Name | Citizenship | Status | 2010 Task Force Determination | |||||
|---|---|---|---|---|---|---|---|---|
| Lillie (Mohammed Nazir Bin Lep) | Malaysia | Held | Recommended for prosecution | |||||
| Zubair (Mohd Farik Bin Amin) | Malaysia | Held | Recommended for prosecution |
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