NO, DON’T DEPORT ZAKIR NAIK YET – CHARGE & TRY HIM IN MALAYSIA FIRST IF HE HAS BROKEN LAWS HERE: NGO ‘APPALLED’ BY CALLS TO LET FUGITIVE PREACHER OFF WITHOUT PUTRAJAYA TEACHING HIM A LESSON TO RESPECT MALAYSIA’S LAWS
Police restriction of Human Rights, including Freedom of Expression is Wrong
MADPET (Malaysians Against
Death Penalty and Torture) is appalled by the calls of many in Malaysian
including Pakatan Harapan-led government’s Ministers Syed Saddiq Syed
Abdul Rahman, Gobind Singh, M Kulasegaran and Xavier Jayakumar that
Indian national, Zakir Naik, be deported. (Star, 14/8/2019). If Zakir
Naik had 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 send 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.
Human Rights is for everyone – Police cannot decide on which rights and how exercisable
MADPET
is appalled that the police has prevented Zakir Naik from
speaking. “Zakir can come to Perlis, but he can’t talk and action will
be taken against him if he does so,” SAC Noor Mushar[Perlis police
chief] said..’(Star, 16/8/2019). “As Perlis police chief, I do not allow
Zakir Naik to attend the programmes today as he has been raising issues
that can threaten the general peace of Malaysians,” he told a press
conference.( FMT, 16/8/2019). 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?
He
also said Naik should inform state police in the future what he plans
to speak on. “The way he talks, not everyone likes it. People of other
races are unhappy. If he wants to talk, ask him to inform us first what
he wants to talk, let us vet it.”(FMT, 16/8/2019).
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 Barisan Nasional reign, there was, I believe, at
least one DAP organized event where the police imposed a condition that
there be no political speeches. The same also did happen in other
peaceful assemblies.
Well, such
draconian laws must be repealed, 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, but also to say things that
may annoy us. It is a human right, and it must be respected.
It
is sad that 2 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
jeopardize race relations and public order in Malaysia. (Berita Harian,
14/8/2019)
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 2 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 desire to gag Zakir
Naik, or to restrict his freedom to talk about certain matters, then
rightfully an application to 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.
Refugees and/or Asylum Seekers should not send back
It
is unclear whether Zakir Naik is a refugee or an asylum seeker in
Malaysia, as Malaysia sadly to date, we still do not have a law on
Refugees and Asylum Seekers. As such, legally we cannot say who is a
refugee or asylum seeker in Malaysia according to our laws – and it is
wrong for the government of the day to simply decide according to their
whims and fancies. One wonders whether the United Nations High
Commission for Refugees in Malaysia has even considered and/or
classified Zakir Naik as an asylum seeker or refugee.
If
Zakir Naik is a refugee or asylum seeker, then Malaysia must not
violate the principle of non-refoulement by deporting or repatriating
him back to India or any other country where there is a risk that he may
later be send to India.
All we know is
that Malaysia’s previous Barisan Nasional had in 2015 granted the said
Zakir Naik a Permanent Residency (PR) status. This means that any of his
children born thereafter will be Malaysian citizens. It is odd, when so
many foreign spouses of Malaysians, even after 10 years, still do not
have PR status when they should justly be accorded PR status on
registration of marriages, whereby such PR status could be reviewed when
and if marriages dissolves.
For a
refugee and/or asylum seeker, a PR status in the first instance should
not have been granted rather a temporary visa or a ‘refugee’ visa that
allows him/her to remain in Malaysia. If after some years, maybe there
could be a consideration whether to accord him/her PR status, or even
Malaysian citizenship. This again stresses the importance of a Refugee
and Asylum Seeker law in Malaysia.
This
new government, as such, could review and even cancel his PR status, and
in its place grant him a long social visit visa, which could be for a
year or even longer, with the possibility of renewal. If Malaysia had a
Refugee and Asylum Seeker law, then surely there would, in that law, be
provision for special visas for them to stay, or even work in Malaysia.
Zakir
is wanted in India on charges of laundering more than 1.93 billion
rupees (RM115.66 million) from proceeds of criminal activities in India
and overseas.(The Sun Daily, 14/7/2019), and as such, one wonders
whether he is a refugee or an asylum seeker. Many Malaysians involved in
the 1MDB, SRC and other scandals are wanted by Malaysia for the purpose
of investigation and possible prosecution, would they too be considered
refugees and asylum seekers by other countries, who will refuse to send
them back to Malaysia to face justice?
Malaysia certainly do not want to end up being seen as a safe haven for suspected criminals.
Police Investigations Have Commenced
It
is to be noted that the Malaysian police has stated that the
‘India-born preacher Dr Zakir Naik is under investigation for
provocation stemming from his remarks about Malaysia’s minority
communities during an event in Kelantan last week. Federal Criminal
Investigation Department director Commissioner Datuk Huzir Mohamed
confirmed the probe under Section 504 of the Penal Code for intentional
insult with intent to provoke a breach of the peace.’ (Malay Mail,
15/8/2019)
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
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;
– Calls on Malaysia to immediately enact a law on Refugees and Asylum Seekers;
– Reiterates
the call for Malaysia to repeal the Peaceful Assembly Act 2012 and all
such laws, which allows the police or government authorities to curtail
and/or impede our human right 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 Parliaments, 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.
Charles Hector - Malaysian Chronicle, 17/8/2019
See full statement at
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