Monday, January 16, 2017

MADPET Urges USA To Immediately Release 2 Malaysians Being Detained Without Trial For Over 10 Years In Guantanamo Bay Detention Centre



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)

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Will Obama send Malaysia terror accused home?

FMT Reporters
 | January 8, 2017 
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.

camp-delta 

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

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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).
NameCitizenshipStatus2010 Task Force Determination
Lillie (Mohammed Nazir Bin Lep) Malaysia Held Recommended for prosecution
Zubair (Mohd Farik Bin Amin) Malaysia Held Recommended for prosecution




Source:-

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