No deportation, charge Zakir in court of law
LETTER | Malaysians Against Death
Penalty and Torture (Madpet) is appalled by the calls of many in
Malaysia including Pakatan Harapan-led government ministers Syed Saddiq
Syed Abdul Rahman, Gobind Singh, M Kulasegaran and Xavier Jayakumar that
Indian national, Zakir Naik, be deported. If Zakir Naik has committed
an offence in Malaysia, then they should be asking that he be charged
and accorded a fair trial.
If someone has committed a crime, it is
unconscionable, especially for members of Parliament or ministers, to
simply ask that he be sent out of the country beyond the jurisdiction of
the Malaysian courts. They should be pushing for Zakir Naik to be
charged and tried him in a Malaysia. This could be done very fast given
the facts and circumstances of this case.
Madpet is
appalled that the police have prevented Zakir Naik from speaking in
Perlis and that he should inform them of the contents of his speeches in
the future. This is against one’s freedom of expression and opinion and
it is wrong for the police to arbitrarily do this. Are we a police
state, where the police chief has so much power?
As for
vetting his speeches, it is certainly wrong, and discriminatory. Will
the police be requiring every other speaker at any public events to tell
the police in advance what he/she will say – and then the police will
"decide" what you can say and what you cannot say? This is a violation
of our human rights.
What
law is the police relying on? Is it that draconian Peaceful Assembly
Act 2012 that allows the police to impose "restrictions" and
"conditions" on the exercise of our right to peaceful assembly?
The
Peaceful Assembly Act, a law that police can arbitrarily impose whatever
restrictions and conditions, ought to be repealed. A violation of any
such police restrictions and/or conditions now becomes a crime.
We
recall during the BN reign, there was, I believe, at least one
DAP-organised event where the police imposed a condition that there be
no political speeches. The same also happened for other peaceful
assemblies.
Well, such draconian laws must be repealed and one
should always be free to exercise one’s freedom of expression and
opinion and also the right to peaceful assembly. If, however, later,
there is a breach of law in the exercising such rights and freedoms,
then the said person/s could be investigated, charged and/or tried for
the said crimes.
We may not agree or even be angered by someone’s
opinion or speech, but that is what the right to freedom of expression
is all about. It is not only the right to say things that we agree to
but also to say things that may annoy us. It is a human right and it
must be respected.
It is also sad that two ministers, Gobind Singh
Deo and M Kulasegaran, were also reported asking that restrictions be
placed on the Zakir Naik that he not be able to speak at public forums
or say anything that will jeopardise race relations and public order in
Malaysia.
One must never forget the legal principle that one is
innocent until one is proven guilty in a court of law after a fair
trial. Even if this relates to the infamous Zakir Naik, there is no
justification for the police to impose a "gag order" or restrict any of
his human rights.
Are the two ministers asking for "detention
without trial" laws like the Prevention of Crimes Act 1959 (Poca),
Prevention of Terrorism Act 2015 (Pota) and the Dangerous Drugs (Special
Preventive Measures) Act 1985, whereby these laws allow for
administrative detention and restrictions to be imposed? Under such
laws, it is only the administration, not the judiciary, that imposes
such restrictions and/or detentions, and the victim cannot even
challenge the reasons for detention/restrictions in court vide a judicial review.
Sadly,
the new "alternative" government has not yet abolished "detention
without trial" laws in Malaysia. Madpet calls for all "detention without
trial" laws to be abolished. The right to a fair trial must be
respected in all cases.
If there is a desire to "gag" Zakir Naik
or to restrict his freedom to talk about certain matters, then
rightfully, an application to the court should be made, where the said
Zakir Naik rightfully will be given a right to be heard before the court
decides on the matter.
It is to be noted that the
Malaysian police have begun investigations on Zakir Naik. Given the
nature of this case, this is a matter that could be speedily
investigated, and there is no reason, if an offence is believed to be
committed, to see the said Zakir Naik being charged in court by next
week.
Ministers, MPs and politicians must always uphold
the rule of law and uphold the cause of justice without fear or favour.
They should be guided by values and principles, and should not simply
take positions to appease the populace for fear of losing popular
support amongst certain classes of people.
Therefore, Madpet,
- Calls
for Zakir Naik to be investigated, charged and tried in Malaysia if he
has broken Malaysian laws before any attempt is made to send him out of
Malaysia to ensure justice is done;
- Calls for the
removal of police powers to restrict, gag or vet anyone’s right to
freedom of expression and/or opinion, and freedom of assembly;
- Reiterates
the call for Malaysia to repeal the Peaceful Assembly Act 2012 and all
such laws, which allow the police or government authorities to curtail
and/or impede our human rights to freedom of expression, freedom of
opinion and freedom of peaceful assembly;
- Respect the
presumption of innocence until proven guilty, repeal detention without
trial laws, and ensure that all in Malaysia have the right to a fair
trial.
- Call on Malaysian members of Parliament, ministers, politicians and government to always act based on principles, values and human rights, and not succumb to taking "anti-justice" positions by reason of fear of losing popular support amongst certain classes of Malaysians.
See full statement -
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