Detention Without Trial laws are draconian and unjust because anyone can be arrested and detained without trial without even the opportunity to challenge the alleged reasons used to justify the arrest, detention and/or other restrictions. Hence, anyone (including you and I) can at any time be victims of this law.
The draconian Internal Security Act(ISA) may have been repealed - but our UMNO-BN government continued the existence of Detention Without Trial in Malaysia through amendments of existing laws and the creation of new laws.
The POCA(Prevention of Crimes Act) was a law that was primarily to be used for members of unlawful societies that use Triad ritual, involved in serious crimes (seizable crimes) or 'secretive'. It could be used for people that belong to a gang/association of FIVE OR MORE who have the purposes which include the commission of offences involving violence or extortion.
But, then our UMNO-BN government Amended and extended the application of this law ...and the amended law came into force in May 2014. Subsequent amendments also included 'Persons who engage in the commission or support of terrorist acts under the Penal Code.'
What are the changes?
- It now could be used against persons that belong to a gang/group of TWO or more - who committed any crime under the Penal Code. [Previously, only gangs/groups involved in crimes of violence or extortion, and had 5 or more members] - It now could be used against persons who are not MEMBERS of these gangs - it now can be used against anyone that 'consorts' with ...i.e. have dealings with 2 or more persons planning a crime?
The other major changes was the extension of its usage ...to any group(2 persons or more) committing any crime under the Penal Code, drug traffickers including persons living on proceeds of drug trafficking, human traffickers including persons living on proceeds of human trafficking, persons involved in unlawful gaming, smugglers of migrants including persons living on proceeds of migrant smuggling, recruiters of members of gangs or persons to participate in some crime. and persons who commit or support terrorist Acts.
All sounds very nice - but these are simply the various 'excuses' that could be used to detain persons without trial. The truth of the allegations used will never be known when the victims have no right to challenge the reasons of their Detention/Restriction in Court, and they would also not get any Fair Trial where they will have the chance to defend themselves and Judges will decide on the guilt or innocence based on evidence.
[Sections 2 and 22]
REGISTRABLE CATEGORIESPART I1. All members of unlawful societies which-
(i) use Triad ritual; or2. 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.
(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.
[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]
In short, anyone can be arrested, detained or subjected to an indefinite time of Detention/Restriction without trial for various reasons. These are offences no doubt, but they should be tried in a court of law - not being subjected to Detention/Restriction without trial without even the ability to challenge in court the purported reasons used in court. So, you too, who have done no wrong could also be arrested...and they may say you are a 'terrorist'...and you cannot even challenge the reasons used in court.
The other major concern is CORRUPTION - well, maybe if pay enough monies then you may not be investigated or charged in Court, or even subjected to DWT laws. The other reason may be to protect kingpins and other 'powerful persons' - because if DWT laws are used, there will be 'secrecy' and no trial - so the TRUTH will not come out....and the 'guilty' gets off scott free? Certain crimes provide for long prison terms - so, is it justice if the guilty is just subjected to a few years of Detention Without Trial, and then Restrictions without trial for a few years? [Remember these laws,
Another reason could be to project a false 'efficiency' of enforcement agencies, including the police. A crime happens and the police will be expected to investigate, find the perpetrators and not let them escape justice. Well, now 'case files' may be 'closed' because the police/enforcement agency can simply say case is closed because alleged perpetrators are under DWT law detention/restriction - Good for image - but is it really true, or are some innocent person being locked up for crimes committed by another, and if that is the case, the Guilty is still out there...free as a bird?
As it is, Malaysian police credibility and even efficiency is in question. Using POCA or other Detention Without Trial laws, rather than charging an accused in court, creates even more doubt about the Malaysian police - are they not able to investigate and find the required evidence to ensure that a court, after trial, will find an accused person guilty? To improve the image of the police and/or other enforcement agencies, DWT laws must be abolished - and every 'accused' must be charged and tried in court.
The other major concern is CORRUPTION - well, maybe if pay enough monies then you may not be investigated or charged in Court, or even subjected to DWT laws. The other reason may be to protect kingpins and other 'powerful persons' - because if DWT laws are used, there will be 'secrecy' and no trial - so the TRUTH will not come out....and the 'guilty' gets off scott free? Certain crimes provide for long prison terms - so, is it justice if the guilty is just subjected to a few years of Detention Without Trial, and then Restrictions without trial for a few years? [Remember these laws,
Another reason could be to project a false 'efficiency' of enforcement agencies, including the police. A crime happens and the police will be expected to investigate, find the perpetrators and not let them escape justice. Well, now 'case files' may be 'closed' because the police/enforcement agency can simply say case is closed because alleged perpetrators are under DWT law detention/restriction - Good for image - but is it really true, or are some innocent person being locked up for crimes committed by another, and if that is the case, the Guilty is still out there...free as a bird?
As it is, Malaysian police credibility and even efficiency is in question. Using POCA or other Detention Without Trial laws, rather than charging an accused in court, creates even more doubt about the Malaysian police - are they not able to investigate and find the required evidence to ensure that a court, after trial, will find an accused person guilty? To improve the image of the police and/or other enforcement agencies, DWT laws must be abolished - and every 'accused' must be charged and tried in court.
Traffic Cameras to catch traffic offenders - but what about security cameras to catch criminals? Now, statistics of crime is also not disclosed by the government.Police officers that killed Syed Mohd Azlan, and tried to hide a crime? What happened?
EAIC’S INVESTIGATION FINDINGS ON THE DEATH OF N. DHARMENDRAN IN POLICE CUSTODY
Well, the increase of crime committed by Malaysians is really disturbing - and this is also an indicator of failure of the UMNO-BN government, more so when these crimes are being committed by the poor...as money is needed for personal and family survival. If people in Malaysia are economically doing well, not simply 'surviving' - but living good lives, crime would be low. But alas, the rich are getting richer, and the poor even amongst the Malay and natives of Sabah and Sarawak are so many despite the 'preferential treatment' in our Constitution to uplift their economic wellbeing. 60 years and the UMNO-BN has still not been successful?
Just drop by at any Magistrate Court, and see the number of Malays who are being charged for theft, purse snatching, robbery, etc... and, that should be an indicator of the failure of the UMNO-BN government. How many Malays, Natives of Sabah and Sarawak, Chinese Malaysians, Indian Malaysians and other Malaysians are arrested, charged and convicted over the past years? How many of them are poor? How many are under POCA and other Detention Without Trial laws?
In some developed countries, crimes are dropping ...number of prisoners are dropping - maybe we need to re-look at the Malaysian Criminal Justice System?
159 juveniles arrested under security laws, says Zahid
A TOTAL of 142 juveniles have been arrested under the Prevention
of Crime Act (POCA), which allows the police to detain people without
trial, says Deputy Prime Minister Dr Ahmad Zahid Hamidi.
In a written parliamentary reply dated October 31, Zahid, who is also
home minister, said another 17 minors were arrested under the Security
Offences (Special Measures) Act 2012 (Sosma) since the law came into
force.
“No children were arrested under the Prevention of Terrorism Act 2015 (POTA),” he said.
He was responding to a question by Klang MP Charles Santiago on the
number of children arrested under Sosma, POCA and POTA. Santiago also
asked about 16-year-old Ang Kian Kok, who had been detained under POCA.
Zahid, however, said the ministry could not reveal details of Ang’s case as it was an ongoing investigation.
He said Ang was arrested on September 13. – November 7, 2017. - Malaysian Insight, 7/11/2017
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