It was shocking to read that defeated in GE15 Pakatan Harapan MP now appointed Senator and Home Minister, wants to meet with the former Home Minister of Perikatan Nasional to '...seek tips and advice from Datuk Seri Hamzah Zainudin to lead the Home Ministry...'. WHY? If that be the case, maybe Anwar should have just appointed Hamzah Zainuddin as Home Minister.
It seems that Saifuddin wants to follow-up
Should he not be getting advice from the civil service at the Ministry itself? Should he not be getting tips and advice from Pakatan Harapan team, or even others including academics, Human Rights Defenders, SUHAKAM, Bar Council and even the public.
Remember the Home Minister is responsible for the POLICE, the Immigration Department, Prison Department, etc > and there are so many suggestions for REFORM for the law enforcement bodies to be more human-rights compliant, and to do a better job.
What needs to be the focus of the Home Minister
POLICE - well, we need to CLEAN up the police force fast. How do we deal with corruption and abuses? Independent Police Complaints and Misconduct Commission (IPCMC), this Commission must be reinstated with the original purpose as recommended by the then RCI. It is much needed as the other check and balance mechanism that is supposed to deal with discipline/misconduct have 'failed' - so, it must cover ALL matters, and not be limited to what remains, from existing mechanism. It will oversee and monitor all existing discipline/misconduct bodies to ensure that it works efficiently - so, the Commission will also need prosecution powers as well. CCTVs at police stations, including lock-ups and interogation rooms - where the object is to ensure proper workings of law enforcement. Body-cams. Etc
24 hours before the Magistrate after arrest > The role played by the Magistrate is also to ensure no abuses/wrongdoings by the police themselves, and that the rights of suspects are protected. This must apply to all indiscriminately in accordance to our Federal Cosntitution that promises equality for all persons. So everyone, local and foreign national(even if the arrest is because of some alleged immigration offence) should be brought before the Magistrate within 24 hours, and further detention only on Magistrate's remand orders. This should apply to all, even those arrested under detention without trial laws or SOSMA ... The important role played by the Magistrate must not be undermined...
Detention Without Trial Laws - well, it must be repealed. Everyone should be presumed innocent until proven guilty. Every decision/action of the Board, Minister and/or law enforcement personnel must be subject to Judicial Review. Do we not trust Malaysian courts - and remember that the reason for judicial review is to ensure that the Executive including Boards or Ministers follow the law, and that there are NO ABUSES.
SOSMA offences - the denial of Bail must be removed, and leave it to the court to decide whether Bail be granted or not. For having some article, book, badge - are these offences that require Bail to be denied - WHY?
FIX time for Minister to Decide on Appeals - All Immigration Department decisions, can be appealed to the Home Minister says the law. But the problem is that there is NO TIME LIMIT, and this must be remedied. Remember, Immigration Department make decisions to repatriate/deport foreign nationals, so the appeal to Minister with regard to such decisions must be dealt with FAST - and maybe no repatriation/deportation until the Minister renders a decision. If the Minister does not give decisions on the appeals, the 'victim' CANNOT YET go to Court for Judicial Review.
In the Sabri Umar case, the documented migrant worker wrongly convicted and whipped for being illegally in Malaysia. After release, when Immigration Department only decided to issue 2-week Special Pass, and for the reason of making arrangement to leave Malaysia - when the Migrant worker applied for the usual 1 month Special Pass, and for the purpose of carrying out his quest for justice against police, immigration, etc. The law says that if dissatisfied, one can appeal to the Minister..
Sabri appealed to the Minister(then Hamzah Zainuddin) with regard 1st Special Pass decision vide letter dated 5/8/2022 and the 2nd appeal with regard the decision on the 2nd Special Pass was vide letter dated 14/8/2022 BUT the Minister failed to decide on the appeal, and communicate his decision to Sabri until NOW.
Only when the Minister's decision is communicated to Sabri, if he is still dissatified, he can take it to court for a JUDICIAL REVIEW.
Therefore, when the Home Minister did not make any decision the appeal, he VIOLATED the rights of Sabri. He could not move forward - or even go for Judicial Review. This was very bad of Hamzah Zainuddin(then Home Minister). Will our new Home Minister deal with these appeals now?
For a migrant worker(or foreign national), the Minister must responsibly act swiftly, if not INJUSTICE happens again to Sabri(already a victim by reason of government officers of departments under Home Minister, or others), They need FAST response on appeals - if not, they may be forced to leave Malaysia.
Given this risk of not being able to remain in Malaysia, Sabri had to go to court to get a COURT ORDER asking the Minister to speedily decide on the Appeal/s, so Sabri's further rights that come after the Minister decides can be exercised...
Thus, it is FOOLISH for current new Home Minister going to then Home Minister to get 'tips', etc > the new Home Minister must be DIFFERENT and not simply repeat the failures of previous Home Minister by going about responsibilities the same way.
If Saifuddin Nasution is not up to the job - then RESIGN, and we can get a more competent MP or Senator to be Home Minister.
Why are you not asking the previous PH Home Minister for tips and guidance?
SUHAKAM lost its teeth? No decision yet on wrongly detained/whipped Sabri's on whether a Public Inquiry (reqested by 47 Groups) will be held? see SUHAKAM Petition
Saifuddin Nasution will seek tips from Hamzah
- Nation
-
Saturday, 03 Dec 2022
KUALA LUMPUR: Pakatan Harapan (PH) secretary-general Datuk Seri Saifuddin Nasution Ismail said he will seek tips and advice from Datuk Seri Hamzah Zainudin to lead the Home Ministry.
Saifuddin Nasution said they have had a good relationship for decades and that he had learnt a lot from the former home minister when he was appointed domestic trade and consumer affairs minister in 2018.
"...I also learned a lot from him in terms of understanding the ministry’s essential tasks and the challenges,” he said after swearing in as a senator in Parliament House on Saturday (Dec 3).
Although their leadership styles are different, Saifuddin Nasution said the principles of the administration are the same.
"Of course I have my priorities, but I will contact Hamzah soon to get some tips to understand the role and function of the ministry,” he said.
On his priorities, Saifuddin Nasution said he would look at all aspects related to each agency under the ministry.
"Among them will be the Prisons Department regarding the issue of overcrowding as well as the staffing for all agencies under the ministry.
"As for Rela (People’s Volunteer Corps), the
presence and preparedness aspects are (already) good, but the logistics,
support, and workplace environment need to be improved,” he added. -
Bernama, Star, 3/12/2022
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