TERRORIST - Who do Malaysia say are terrorists? A very good question raised again by the Perlis Mufti...I did raise this issue when we were ruled by UMNO-BN, but still an important question for the new Pakatan Harapan government to answer...
Zahid Hamidi, TELL US what Malaysia considers as being 'terrorist organisations'? Hamas? ISIS?
Malaysians have a RIGHT to know what are the 'terrorist groups' - so we can stay away from them, not give them any support, etc...
Using of violence in the commission of crime does not make one a 'terrorist'...Neither is being in possession of firearms. They are both crimes in Malaysia - but really they do make them 'terrorist', or do they. The Perlis Musfti was reported saying..
“I was told, the interrogators will ask you if you perform your subuh (dawn) prayer with or without reading out the Qunut (a verse read in between the prayer). If you don’t read it then you are a terrorist.
War Against Terrorists, I believe, started with the US after the 9-11 incident, and so, did Malaysia simply follow suit enacting such laws to pacify the US, or to evade the possibility of being branded 'terrorist-friendly' regimes. Of course, the US and Western many a time seems to be focused on 'Islamic' groups - but we all know that there are all kinds of terrorist groups like The Japanese Red Army that took more than 50 hostages at the AIA building in Kuala Lumpur in 1975...
There are many 'terrorist offences' in our statute books. Both the POCA and the POTA canb be used to 'detain without trial' such alleged terrorist offence suspects. The SOSMA also list terrorist offences as one of the group of offences where SOSMA applies.
Siti Nor Aishah Atam is a case which comes to mind, which I believe was a serious miscarriage of justice - something that the new Government and AG need to review..
Siti Noor Aishah Atam, 29 year old Malaysian woman, who was arrested for a 'terrorist offence' for the alleged possession of 12 books, detained, tried and acquitted by court, and thereafter re-arrested and detained under Prevention Of Crime Act 1959 (POCA). She was charged in the Magistrate Court in Kemaman, Trengganu under Section 130JB(1)(a) of the Penal Code which states that ‘whoever- (a) has possession, custody or control of; or (b) provides, displays, distributes or sells, any item associated with any terrorist group or the commission of a terrorist act...This was an offence that SOSMA list as being a 'security offence', so SOSMA automatically applied - no bail until trial over.
The 12 that were in her place of residence, were not even books BANNED in Malaysia - and I believe that some of the books were purchased from shop/s in Malaysia. The High Court judge, that first released her stated...[Note later, the Court of Appeal reversed the High Court decision, and the case went back to the High Court that convicted her and sentenced her to imprisonment.
The Judge, amongst others, in his judgment said, ‘…Apalah ertinya pemilikan buku-buku tersebut yang dikatakan mempunyai kaitan dan unsur-unsur pengganas menjadi suatu kesalahan keatas sesiapa yang memiliki buku-buku tersebut, walhal pihak Kementerian Dalam Negeri gagal menjalankan fungsi sebenarnya untuk mengharamkan dan seterusnya menghapuskan buku-buku…’ (What is the meaning when possession of the said books said to have links and elements of terrorism is an offence against those found in possession of such books, when the Ministry of Home Affairs fails to even ban and thereafter destroy such books.)- KLSCAH CRC makes it 37 groups calling for the release of Siti Noor Aishah Atam and all victims of Detention Without Trial laws?
We already have laws that criminalize the use of arms? We already have laws that deals with gangsters? Do we need laws for 'terrorists'? If yes, then the Government must clearly define what it means by 'terrorist' - and clearly identify who are considered Terrorist Groups - list them all online(so Malaysians will know). Likewise list all BOOKS that are banned in Malaysia publicly..
FAIR TRIAL for all - let the courts determine who is guilty, and who is not? Detention Without Trial laws that 'detain people without trial' must be abolished.
SOSMA, not the replacement of ISA, but a draconian law that denies fundamental rights, including Bail and a 'Fair Trial'(unfair because police can use evidence normally inadmissible in any other criminal trial in Malaysia) need to be abolished...
SOSMA - not the new ISA and no death penalty...Let's understand SOSMA better?
Malaysian Bar - SOSMA Must Not be Abused to Quell Dissent - condemns arrest of Maria Chin?
Bar Resolution for the Repeal of the Prevention of Crime Act 1959 and All Detention Without Trial Laws, and Provision for Compensation for Deprivation of Liberty of the Innocent
REMEMBER, when anyone is arrested or charged for any of the offences that SOSMA lists as 'security offences', automatically SOSMA applies - the police or prosecutor or the judge has no choice in the matter. One consequence is also the denial of BAIL...
See earlier posts:-
Siti Noor Aishah Atam - victim of SOSMA, found Not Guilty by High Court, then re-detained under POCA?
Siti Noor Aishah Atam - Alasan Penghakiman Mahkamah Tinggi - Mahkamah Bebas Polis Tangkap Lagi Guna POCA??
Siti Noor Aishah - POCA,POTA..dimansuhkan - Resolusi Badan Peguam
Bar Resolution for the Repeal of the Prevention of Crime Act 1959 and All Detention Without Trial Laws, and Provision for Compensation for Deprivation of Liberty of the Innocent
Siti Noor Aishah Atam - dipenjarakan 5 tahun memiliki buku yang tidak diharamkan kerajaan. Kini di Mahkamah Rayuan?
Release Siti Noor Aishah Atam immediately(15 Groups) - Malaysiakini
Flawed Section 130JB Penal Code must not be used pending repeal Release Siti Noor Aishah Atam in prison for possession of unbanned books? (15 Groups)
The first High Court Judgment which acquitted her at the close of the prosecution's case(which is in Malay) could be found here - Siti Noor Aishah Atam - Alasan Penghakiman Mahkamah Tinggi - Mahkamah Bebas Polis Tangkap Lagi Guna POCA??
The 2nd High Court judgment, after the Court of Appeal overturned the High Court judgment, which led to her conviction can be found in this post - - Siti Noor Aishah Atam - dipenjarakan 5 tahun memiliki buku yang tidak diharamkan kerajaan. Kini di Mahkamah Rayuan?
Siti Noor Aishah Atam - Release her, and Repeal section 130JB Penal Code?
Hanipa and Tommy Thomas - Ignorant about SOSMA? Delay means langusihing without Bail until trial over?
Govt should clearly define terrorism and terrorist, says Perlis mufti
PUTRAJAYA must define what terrorism is
and who is considered a terrorist to stop the abuse of anti-terrorism
laws being used to detain people, Perlis mufti Mohd Asri Zainul Abidin
said at a forum today.
The mufti said a clear definition was urgently needed as the
authorities make subjective calls when dealing with terrorism
cases, particularly those involving Muslims.
“I was told, the interrogators will ask you if you perform your subuh
(dawn) prayer with or without reading out the Qunut (a verse read in
between the prayer). If you don’t read it then you are a terrorist.
“How can one be so simplistic about this? Do you know that in Saudi
Arabia, Pakistan, India, China, Iraq and some other parts of the world,
many people perform their subuh prayers without reading out the
Qunut? Does that make them a terrorist?” Asri asked at a forum entitled
‘Who is a Terrorist’ held in Petaling Jaya today.
Other participants were former ISA detainee Saari Sungib, Petaling Jaya MP Maria Chin Abdullah and lawyer Syahredzan Johan.
Asri said another Muslim scholar, Ibnu Taimiyyah, had written extensively on a wide range of subjects including jihadism.
“Many of his books were used as a foundation in Islamic banks as well
as Jakim who had used his ideas, but today, the police will detain you
if you have books written by him.
“How can one be considered a terrorist by having Ibnu Taimiyyah’s
book? Yes, he has written books on jihad and that was because he
experienced the war during the Mongol invasion of Syria,” he said.
Bukit Aman has classified Ibnu Taimiyyah’s sentiment on jihad as dangerous.
Speaking further, Asri expressed disappointment with police for labelling Salafism as the root cause of terrorism.
“The fact is many of those who went to Syria were from the
traditional Islamic schools in Kedah which were clearly not
Salafism, and if you look at the Talibans, they were Hanafis (one of the
four Islamic school of thoughts) not Salafis. There are, of
course, Salafis who believed in Jihad, but to simplify that the root
came from Salafism is not correct and dangerous.
“Terrorism has no face. The definition of who is a terrorist is on
someone’s hand and this must not happen. We need to have a clear
definition about this in Malaysia,” he said.
Earlier, Asri slammed Bukit Aman Special Branch Counter Terrorism
director Ayub Khan Mydin Pitchay over a raid on an Islamic school in
Perlis last year, where he said there was no substantial evidence to
link the school with terrorism.
He then questioned the way the investigation was carried out.
“If you still remember, a school in Perlis was raided by the special
branch last year and it was all out in the media that Perlis is a place
where terrorists stay.
“Although I am not part of the school and my views are different from them, I do not agree with the way the probe was handled.
“In Perlis, whoever becomes the head of police will be part of the
Majlis Agama committee (Islamic Council committee) and I have asked the
police chief several times about his opinion on the school, and he said
there was no problem.
“Suddenly the school was raided and several people were detained
including foreign men. Later the police released the local individual
but deported the foreign men.
“To make matters worse, the van that was carrying the foreign men
met with an accident and one of the suspected terrorists died on the
scene. The case was just left there as it was. Where is the justice?
Where is the fair trial?” he questioned.
The forum today was organised by Suara Rakyat Malaysia and Desak
Sampai Mansuh – a civil society group working against draconian laws. –
February 9, 2019. - Malaysian Insight
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