MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.
MADPET berpendirian, jika bersalah, perlu dituduh dan dibicarakan di Malaysia, and jika disabitkan perlu dihukum. Tindakan mahu mengusir Rayhan oleh pihak Imigresen akan menjejaskan pentadbiran keadilan di Malaysia. Tambahan pula, Rayhan ini mungkin saksi penting jika Al Jazeera dituduh di Mahkamah - di mana jika saksi di luar negara, agak sukar untuk pihak pendakwaan membawa pulang saksi sedemikian dari negara lain untuk bicara membuktikan kesalahan Al Jazeera atau mereka yang terlibat. Kini saksi penting Jho Low pun Malaysia tak ada upaya bawa pulang dalam kes 1MDB, dsb.
Peguam jumpa Md Rayhan esok
Muhaamad Hafis Nawawi
mhafis@hmetro.com.my
DUA peguam yang mewakili lelaki Bangladesh, Md Rayhan Kabir yang
ditahan Jabatan Imigresen Malaysia (JIM) kelmarin, akan bertemu anak
guamnya esok.
Peguam terbabit K Sumitha Shaanthinni dan C Selvaraja, dilantik keluarga Md Rayhan sebagai peguam bela.
Sumitha berkata, pihak Polis Diraja Malaysia (PDRM) dan JIM sudah dimaklumkan melalui emel hari ini.
"Di dalam surat itu, kami meminta satu tarikh untuk bertemu dengan anak guam kami.
"Kami akan berada di Bukit Aman jam 2 petang esok untuk bertemu
dengan anak guam kami," katanya dalam satu kenyataan kepada Harian Metro
hari ini.
Sementara itu, Pengerusi Yayasan Keprihatinan Komuniti Malaysia
(MCCF), Halim Ishak berkata, tindakan Md Rayhan membuktikan warga
Bangladesh terbabit tidak menghormati Malaysia sebagai sebuah negara
yang berdaulat sehingga berani memperkotak katikkan tindakan kerajaan
mengawal pandemik maut.
Menurutnya, sudah tiba masanya kerajaan bertegas dan mengambil
tindakan undang-undang kepada mana-mana warga asing yang sengaja mencari
publisiti dengan menuduh wujudnya diskriminasi oleh kerajaan kepada
komuniti Malaysia.
"Warga asing harus sedar segala tindakan dilakukan kerajaan untuk
mengawal penularan Covid-19 adalah yang terbaik bukan saja untuk rakyat
Malaysia, malah pendatang asing tanpa izin (Pati).
"Malaysia antara negara terbaik mengawal penularan Covid-19 tanpa
mengira warga negara atau sebaliknya, kerana apa yang menjadi keutamaan
adalah wabak ini dapat dikawal sebaik mungkin," katanya.
Peguam, Charles Hector Fernandez dari pertubuhan bukan kerajaan (NGO)
Malaysia Against Death Penalty and Torture (Madpet) pula berpendapat
mahkamah harus memutuskan sama ada Md Rayhan perlu dihantar pulang atau
sebaliknya.
"Sekiranya pengusiran itu tidak dihentikan, kebimbangannya adalah
banyak pihak yang percaya bahawa Malaysia hanya berusaha untuk
mengelakkan perbicaraan yang adil.
"Sekiranya Malaysia benar-benar yakin dia melakukan jenayah, maka
tuduh dan bicara di mahkamah Malaysia sesuai dengan undang-undang
Malaysia," katanya dalam satu kenyataan berasingan. - Harian Metro(MyMetro), 25 or 26/7/2020
Susulan penangkapan dan penahanan Md Rayhan Kabir, keluarga warga Bangladesh itu telah melantik perwakilan undang-undang.
Peguam K Sumitha Shaanthinni dan C Selvaraja akan mewakili pemuda 25 tahun itu.
"Polis
dan imigresen dimaklumkan melalui e-mel hari ini. Dalam surat kami,
kami meminta tarikh untuk bertemu dengan anak guam kami.
"Kami
akan berada di Bukit Aman pada hari Isnin (27 Julai) jam 2 petang untuk
bertemu dengan anak guam kami," kata Sumitha dalam satu kenyataan kepada
Malaysiakini.
Imigresen mula memburu Rayhan setelah dia muncul dalam dokumentari Al Jazeera "Locked Up in Malaysia's Lockdown"
Jabatan itu juga telah menarik balik permit kerjanya.
Polis menahan Rayhan semalam dan akan menyoal siasatnya sebagai sebahagian daripada siasatan ke atas dokumentari tersebut.
Ketua
Pengarah Imigresen, Khairul Dzaimee Daud berkata Rayhan akan diusir
dari negara dan "menyenarai hitam" dia dari memasuki Malaysia pada masa
akan datang.
Menteri Dalam Negeri Hamzah Zainuddin, yang memantau
jabatan polis dan imigresen, mengatakan Rayhan akan direman selama 14
hari di pusat tahanan imigresen.
Rayhan menegaskan bahawa dia
bercakap benar ketika ditemu ramah oleh Al Jazeera mengenai dakwaan
penganiayaan terhadap pendatang tanpa izin oleh pihak berkuasa Malaysia
semasa tempoh perintah kawalan pergerakan (PKP)
Ketika dihubungi, Pesuruhjaya Tinggi Bangladesh Md Shahidul Islam (gambar)
memberitahu Malaysiakini bahawa dia telah meminta maklumat mengenai
Rayhan dari pihak berkuasa Malaysia melalui "saluran diplomatik".
"Inisiatif diambil langkah demi langkah sesuai keperluan," katanya, yang enggan mengulas lanjut.
Shahidul
kemudian memberitahu akhbar Bangladesh, Bangla Tribune bahawa
suruhanjaya tinggi itu meminta kebenaran untuk membolehkan pegawai
kedutaan berbincang dengan Rayhan.
Sementara itu, Al Jazeera dalam
kenyataan di Twitter mengulas penangkapan Rayhan dengan berkata:"Al
Jazeera mendapati adalah sangat mengganggu apabila pekerja asing
Bangladesh Md Rayhan Kabir telah ditangkap kerana memilih untuk bercakap
tentang beberapa pengalaman golongan yang tidak mempunyai suara".
Al Jazeera juga menyorot bahawa Rayhan juga mengalami gangguan secara dalam talian.
Pastikan keselamatan ketika dalam tahanan
Dua
NGO hak asasi manusia sejak itu menegaskan agar Rayhan diadili di
mahkamah dan bukannya "dideportasi secara sewenang-wenang" sebelum
dibuktikan bersalah.
Pengarah eksekutif Inisiatif Utara-Selatan
Adrian Pereira mendesak Peguam Negara Idrus Harun untuk memastikan
kedaulatan undang-undang ditegakkan dalam kes ini.
"Peguam Negara
harus memastikan peraturan undang-undang dan bukan peraturan menurut
undang-undang bagaimana Jabatan Imigresen menuduh Rayhan.
"Rayhan
mesti diberi perbicaraan yang adil untuk membolehkannya menjelaskan
dirinya sendiri dan tidak dihantar pulang secara sewenang-wenang,"
katanya kepada Malaysiakini.
Pereira juga mendesak kerajaan untuk memastikan keselamatan Rayhan ketika dalam tahanan.
"Apa yang berlaku dalam tahanan adalah sesuatu yang dikhuatiri oleh banyak aktivis dan badan sivil.
"Setelah ditahan, kerajaan harus memastikan keselamatannya," tegasnya.
Pereira
juga menggesa reformasi undang-undang imigresen untuk memastikan para
pendatang tidak akan menjadi korban atau dideportasi setelah mereka
membuat aduan.
Peguam Charles Hector Fernandez dari NGO Malaysia
Against Death Penalty and Torture (Madpet) juga bersetuju bahawa
mahkamah harus memutuskan sama ada Rayhan perlu dihantar pulang atau
tidak.
Dia tidak setuju bahawa pengusiran diputuskan melalui keputusan "pentadbiran".
"Sekiranya
pengusiran itu tidak dihentikan, kebimbangannya adalah banyak pihak
yang percaya bahawa Malaysia hanya berusaha untuk mengelakkan
perbicaraan yang adil.
“Sekiranya Malaysia benar-benar yakin
bahawa dia melakukan jenayah, maka tuduh dan bicara di mahkamah Malaysia
sesuai dengan undang-undang Malaysia.
"Untuk menunjukkan bahawa
Rayhan bersalah hanya kerana dia muncul di dokumentari tersebut, mungkin
tidak masuk akal," kata Fernandez dalam satu kenyataan. - Malaysiakini, 25/7/2020
The family of Bangladeshi national Mohd Rayhan Kabir (above, centre) has appointed legal representation for him following his arrest and detention.
Lawyers K Sumitha Shaanthinni and C Selvaraja will be representing the 25-year-old.
“The police and immigration were informed via email today. In our letter, we sought a date to meet our client.
“We will be at Bukit Aman on Monday (July 27) at 2 pm to meet our client,” Sumitha said in a statement to Malaysiakini.
Immigration authorities began looking for Rayhan after he appeared in the Al Jazeera documentary “Locked Up in Malaysia’s Lockdown”.
The department also controversially revoked his work permit.
Police arrested Rayhan yesterday and will proceed to question him as part of its probe into the documentary.
Immigration director-general Khairul Dzaimee Daud has vowed to deport and “blacklist” him from entering Malaysia again.
Home
Minister Hamzah Zainuddin, who oversees the police and immigration
departments, said Rayhan will be remanded for 14 days at an immigration
detention centre.
Rayhan has insisted that he spoke the truth when interviewed by Al Jazeera about the alleged mistreatment of undocumented migrants by Malaysian authorities during the movement control order period.
When contacted, Bangladesh High Commissioner Mohd Shahidul Islam told Malaysiakini that he had sought information about Rayhan from Malaysian authorities through “diplomatic channels”.
Shahidul Islam
“Initiatives are being taken step by step as per requirement,” he said, declining to elaborate.
He later told Bangladeshi newspaper Bangla Tribune that the high commission was seeking consular access to allow its officials to speak to Rayhan.
Fair trial call
Meanwhile, Al Jazeera tweeted its response to Rayhan’s arrest.
“Al
Jazeera finds it disturbing that Bangladeshi migrant worker Mohd Rayhan
Kabir has been arrested for choosing to speak up about some of the
experiences of the voiceless and the vulnerable,” it said, pointing out
that he was also subject to abusive harassment online.
Two
human rights NGO have since insisted that he be tried in court instead
of being “arbitrarily deported” before any guilt was established.
North-South
Initiative executive director Adrian Pereira urged Attorney-General
Idrus Harun to ensure the rule of law was upheld in this case.
“The AG must ensure rule of law and not rule by law in how the Immigration Department alleges and accuses Rayhan.
“Rayhan must be given a fair trial to allow him to explain himself and not be arbitrarily deported,” he told Malaysiakini.
Pereira also urged the government to ensure Rayhan’s safety while in custody.
“What
happens in detention is something many activists and groups are
concerned about. Once under custody, the government must ensure their
safety,” he stressed.
He
further called for immigration law reform to ensure migrants would not
be victimised or deported once they lodged a complaint.
Lawyer
Charles Hector Fernandez of the NGO Malaysians Against Death Penalty and
Torture (Madpet) also agreed that it was up to the courts to decide if
Rayhan needed to be deported.
He disagreed that deportation be decided through an “administrative” decision.
“If the deportation is not stopped, the concern is that many will believe that Malaysia is simply trying to avoid a fair trial.
“If
Malaysia is truly convinced that he is guilty of a crime, then charge
and try him in the Malaysian courts in accordance with Malaysian laws.
“To
suggest that Rayhan is ‘guilty’ simply because he appeared in the said
documentary is maybe unreasonable,” Fernandez said in a statement. - Malaysiakini, 25/7/2020
Updated 1 day ago ·
Published on 25 Jul 2020 7:35PM ·
MALAYSIANS Against Death Penalty and Torture (Madpet) is appalled by
the administrative decision and action of the Malaysian Immigration
Department to deport and permanently bar one Md Rayhan Kabir, a
Bangladeshi national, who allegedly featured in the Al Jazeera
documentary entitled “Locked Up in Malaysia’s Lockdown”.
“This Bangladeshi national will be deported and blacklisted from
entering Malaysia forever,” director-general of Immigration, Khairul
Dzaimee Daud said in news reports.
A decision that affects the life and liberty of a person should never
be an administrative decision of an individual government department or
even the cabinet. It must be a decision of the courts after the alleged
perpetrator is accorded the right to a fair trial.
Media reports suggest that this may be a decision of the Immigration
Department and not that of the prime minister or the cabinet.
Such arbitrary decisions of the Immigration Department has many a
times in the past undermined the administration of justice, and allowed
perpetrator of crime to escape scot free, and victims to be denied
existing legal rights, now available in Malaysian laws.
Whenever a migrant or migrant worker raises complaints of rights
violation, even after they have lodged the complaint at the relevant
department and agency, some employers tend to respond by terminating
their employment and getting their permits or visas cancelled,
resulting in their having to leave Malaysia. In the Malaysian
administration of justice system, failure of the complainant to turn up
for proceedings will generally mean the end of the investigation and the
justice process, allowing the perpetrators to escape scot-free and
denying the victims justice.
Foreigners have also been asked to leave or deported by the
Immigration Department, despite the requirement of their needed presence
in Malaysia as witnesses or victims, for the purposes of investigation,
trials or other administration of justice processes. Crucial witnesses
even in the Wang Kelian human trafficking case may today be no more in
Malaysia, which will make it near impossible for perpetrators to be
tried and successfully convicted.
In this case, the popular understanding, is that the relevant
authorities are currently investigating the said Al Jazeera documentary,
in which allegedly the said Rayhan was featured. As such, would not the
deportation of this potential witness and/or perpetrator, impact the
ongoing investigation, and even trials if anyone is be charged later in
court? If Rayhan had indeed committed a crime, then justly he should be
charged, accorded a fair trial and sentenced according to the Malaysian
law, and not be prematurely sent out of the country. Thereafter,
Malaysia may not be able to bring him back and charge him, or have him
as a witness. Even in the 1MDB trials, Malaysia cannot even manage to
secure the return of alleged perpetrators and/or key witnesses, who are
now in some other country.
The government, the police and the Immigration Department may believe
that someone is guilty but that is irrelevant until that person is
charged, tried and found guilty by the courts. Malaysia, and the world,
do acknowledge the legal principle that one is innocent until proven
guilty in court.
Media reports quoted Inspector-General of Police Abdul Hamid Bador as
saying that the police and the Attorney-General’s Chambers (AGC) found
the documentary to contain seditious elements.
The beliefs or conclusion of the police or even of the AGC are really
irrelevant; it is a court of law that, after a fair trial, determines
the guilt or innocence of the accused person. Many in the past have
been charged and tried and found not guilty.
If the deportation is not stopped, the concern is that many will
believe that Malaysia is simply trying to avoid a fair trial. If
Malaysia is truly convinced that he is guilty of a crime, then charge
and try him in the Malaysian courts in accordance with Malaysian laws.
To suggest Rayhan is guilty simply because he appeared in the said
documentary maybe unreasonable. He certainly did not edit or produce the
said documentary, and it is totally unreasonable to jump to any
conclusion now that all who allowed themselves be interviewed or
featured in the said documentary are guilty. What did he actually say
which was breaking the law? Did the producers edit his comments,
choosing to simply include certain parts? Did he even see the final
documentary, and specifically agree to it? Should we all now be scared
to be interviewed by the press or documentary makers, when we have
really no control about the finally published report or documentary?
It must be noted that historically the media and others, responsible
in highlighting alleged crime, wrongdoings, injustices, and human rights
violations has led to investigation and prosecutions, and even policy
and legal reforms. If the New Straits Times had not highlighted the Wang
Kelian and the Kuantan bauxite affairs, would the government even have
taken action? The same also may apply to the cases connected to 1MDB and
SRC. A recent foreign media report about labour violations moved
Malaysian authorities to investigate whether there was forced labour in a
Malaysian factory.
The importance of the media and ordinary persons speaking up
or highlighting alleged or suspected wrongdoings, crimes, lacunas,
injustices, and rights violations are important in bringing about not
just government actions, but also needed reforms in policy, law and
practice. A recent United Nations Special Rapporteur’s report led
Malaysia to revise its household poverty line income from RM980 to
RM2,208
Human rights defenders are recognised by the order of the 1998 United
Nations Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally
Recognised Human Rights and Fundamental Freedoms. The declaration
indicates it is everyone’s duty to promote and protect human rights and
safeguard democracy and its institutions, including to highlight rights
violations.
Rayhan is a human rights defender because he has bravely shared his
thoughts and opinions when many in Malaysia simply fear to speak up.
Therefore, Madpet calls for:
The non-deportation of Rayhan and that he be accorded a fair trial if he has indeed committed any offence;
The abolition of administrative deportation of foreigners;
Malaysia to respect freedom of expression and the media to ensure
human rights violations are brought to light and investigations are held
to verify the truth, leading to prosecution and a fair trial for the
accused; and
The abolition of the Sedition Act and administrative punitions
including detention without trial and deportation. – July 25, 2020.
* Charles Hector writes on behalf of Malaysians Against Death Penalty and Torture. -Malaysian Insight, 25/7/2020
Deportation of Human Rights Defender Md Rayhan Kabir will undermine the
administration of justice in Malaysia
-Abolish Administrative Deportation and Punishments - Respect Freedom of
Expression-
MADPET(Malaysians Against Death
Penalty and Torture) is appalled by the administrative decision and action of
the Malaysian Immigration Department that decided to deport and permanently bar
re-entry of one Md Rayhan Kabir, a Bangladeshi national, that was allegedly
featured in the Al-Jazeera documentary entitled ‘Locked Up in Malaysia’s
Lockdown’. (Malay Mail, 25/7/2020). ‘ “This Bangladeshi national will be
deported and blacklisted from entering Malaysia forever,” said its
director-general Datuk Khairul Dzaimee Daud.
Such actions and/or decisions, that
affects the life and liberty of a person, should never be administrative
decisions of any individual government department or even the Cabinet. It must
be a decision of the courts after the alleged perpetrator is accorded his/her
right to a fair trial.
The media report, suggest that
this maybe a decision of the Immigration Department, not even the Prime
Minister and/or the Cabinet.
Such arbitrary decisions of the
Immigration Department has many a times in the past undermined the administration
of justice, and allowed perpetrator of crime to escape scot free, and victims to
be denied existing legal rights, now available in Malaysian laws.
Whenever a migrant or migrant
worker, raises complaints of rights violation, even after he/she has already
lodged the complaint at the relevant department and agency, some employers tend
to respond by terminating their employment, and/or getting their permits/visas cancelled,
resulting in their having to leave Malaysia. In the Malaysian administration of
justice system, the failure of the complainant to turn up in a proceedings, will
generally mean a discontinuation of the investigation and/or administration of
justice process which allows the perpetrators to escape scot free, and the
victims being denied justice.
Foreigners have also been asked
to leave and/or deported by the Immigration Department, despite the requirement
of their needed presence in Malaysia as witnesses or victims, for the purposes
of investigation, trials or other administration of justice processes. Crucial
witnesses even in the Wang Kelian human trafficking case, may today be no more
in Malaysia, which will make it near impossible for perpetrators to be tried
and successfully convicted.
In this case, the popular understanding,
is that the relevant authorities are currently investigating the said Al
Jazeera documentary, in which allegedly the said Md Rayhan Kabir was featured.
As such, would not the deportation of this potential witness and/or perpetrator,
impact the ongoing investigation, and even trials if anyone is be charged later
in court? If Md Rayan Kabir had indeed committed a crime, then justly he should
be charged, accorded a fair trial and sentenced according to the Malaysian law,
and not be prematurely sent out of the country. Thereafter, Malaysia may not be
able to bring him back and charge him, or have him as a witness. Even in the
1MDB trials, Malaysia cannot even manage to secure the return of alleged perpetrators
and/or key witnesses, who are now in some other country.
The government, the police and/or
the Immigration Department may believe that someone is guilty but it is
irrelevant, until that person is charged, tried and found guilty by the courts.
Malaysia, and the world, do acknowledge the legal principle that one is
innocent until proven guilty in court.
The Malay Mail report stated,
‘Inspector General of Police Tan Sri Abdul Hamid Bador had said that the police
and the Attorney General’s Chambers (AGC) have found that the documentary
contained seditious elements.’
The beliefs and/or conclusion of
the police and/or even the AGC’s chambers are really irrelevant, until a court
of law, after a fair trial, determines the guilt or innocence of any accused
persons. Many in the past who have been charged and tried have been found not
guilty by the courts.
If the deportation is not
stopped, the concern is that many will believe that Malaysia is simply trying
to avoid a fair trial. If Malaysia is truly convinced that he is guilty of a
crime, then charge and try him in the Malaysian courts in accordance to
Malaysian laws.
To suggest that Md Rayhan Kabir, is
‘guilty’ simply because he appeared in the said documentary maybe unreasonable.
He certainly did not edit and/or produce the said documentary, and it is
totally unreasonable to jump to any conclusion now that all who allowed
themselves be interviewed or featured in the said documentary are guilty. What
did he actually say which was breaking the law? Did the producers edit his
comments, choosing to simply include certain parts? Did he even see the final
documentary, and specifically agree to it? Should we all now be scared to be
interviewed by the press or documentary makers, when we have really no control
about the finally published report or documentary.
It must be noted that historically
the Media and others, responsible in highlighting alleged crime, wrongdoings, injustices,
and human rights violations has led to investigation and prosecutions, and even
policy and legal reforms. If the Malaysian New Straits Times did not highlight the
Wang Kelian issue, and even the Kuantan Bauxite issue, would the government even
have taken action? The same also may apply to the cases connected to 1MDB and
SRC. A recent foreign media report about labour violations, moved Malaysian
authorities to investigate whether there are ‘forced labour’ in a Malaysian
factory.
The importance of the Media and
ordinary persons speaking up and/or highlighting alleged or suspected wrongdoings,
crimes, lacunas, injustices, and rights violations are very important in
bringing about not just government actions, but also needed reforms in policy,
law and practice. A recent United Nations Special Rapporteur’s report just
recently maybe caused Malaysia to increase the household poverty line income(PLI)
from RM980 to RM2,208
Human Rights Defenders are now recognized
also by reason of the 1998 United Nations Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental Freedoms”(The
Declaration on human rights defenders). This Declaration outline
responsibilities for everyone to promote human rights, to safeguard democracy
and its institutions and not to violate the human rights of others, including
the duty to highlight allegations of violations.
Md Rayhan Kabir is a Human Rights
Defender, as he bravely shared his thoughts/opinions when many in Malaysia
simply fear to speak up.
Therefore, MADPET
Calls for the non-deportation of HR Defender Md Rayhan Kabir, and that
he be charged and accorded a fair trial if he has indeed committed any offence;
Calls for the abolition of administrative deportation of foreigners,
and consider whether the sentence of deportation be incorporated in relevant
offences;
Calls for Malaysia to respect freedom of expression, opinion and media,
and ensure that when allegations are highlighted, there would be investigations
to verify the truth, that could also lead to prosecution and fair trial of the accused;
Reiterates the call for the abolition of the Sedition Act, and also
administrative punitions including detention without trial and deportation.
Charles Hector
For and on behalf
of MADPET(Malaysians Against Death Penalty and Torture)
Immigration Dept: Rayhan Kabir to be deported, permanently banned from entering Malaysia
Saturday, 25 Jul 2020 09:28 AM MYT
BY ZURAIRI AR
Bangladeshi national Md Rayhan Kabir
was arrested by the Immigration Department yesterday and will be
deported. — Picture via Facebook Immigration Department
KUALA LUMPUR, July 25 — The Immigration Department said today it will
deport Md Rayhan Kabir, the Bangladeshi national under fire for
criticising Putrajaya’s handling of migrants during the Covid-19
pandemic in Al Jazeera’s documentary.
In a brief statement, the agency confirmed that Rayhan was arrested
by its intelligence unity yesterday afternoon in Setapak here, following
two weeks of manhunt.
“This Bangladeshi national will be deported and blacklisted from
entering Malaysia forever,” said its director-general Datuk Khairul
Dzaimee Daud.
Rayhan had been the target of the government’s manhunt after his
criticisms against Putrajaya’s detention of undocumented migrant workers
in an Al Jazeera documentary titled Locked Up in Malaysia’s Lockdown which was aired on July 3.
In the 25 minute and 50 second video produced by Al Jazeera’s 101 East
team, he had accused the authorities of racism against undocumented
migrants, claiming that being an illegal immigrant in Malaysia is not a
crime.
This led to the Home Ministry revoking Rayhan’s work permit in the
country, while many Malaysians took to social media to express their
anger against Rayhan.
At the same time, Bukit Aman had also called in the 101 East news crew for questioning.
Inspector General of Police Tan Sri Abdul Hamid Bador had said that
the police and the Attorney General’s Chambers (AGC) have found that the
documentary contained seditious elements. - Malay Mail, 25/7/2020
Abolition of the Mandatory Death Penalty in Malaysia Should Not Be
Delayed Anymore
Parliament should not take away judges’ power and discretion in
sentencing.
MADPET(Malaysians Against Death
Penalty and Torture), in light of the recent conviction for murder and the
sentencing to death 6 persons to death in the Kevin Morais on 10 July
2020,reiterates the call for the immediate
abolition of the mandatory death penalty, which deprives the trial judge the discretion
to sentence persons convicted of murder justly.
They may be all involved in the
murder, but all the 6 may certainly not deserve the same sentence of death.
The person who paid or ordered
the murder ought to receive the highest sentence. Maybe the person who did the actual
killing deserve a high sentence, but the rest of them, depending on their
involvement and participation ought to sentenced accordingly by the judge based
on the facts and circumstances of the case.
By imposing a mandatory sentence,
Parliament removes the judge’s discretion when it comes to sentencing, which is
a power that should be left with the judiciary. The judge now has no choice but
to impose the mandatory sentence provided by the law, as enacted by Parliament.
A mandatory death penalty also
reduces the possibility of persons charged helping the authorities identify and
prosecute the ‘kingpin’, the person who ordered or paid for others to kill the
victim; and/or other persons involved in the murder.
In the Altantuya Shaaribuu murder
case, for example, there has been allegations that there may be others
involved, possibly also someone who ordered or paid the persons who did the
actual killing.
Assistance provided by accused
persons to help bring others involved in a crime, must be a mitigating factor,
which may result in a reduction of sentence – but this is not possible, when
for murder in Malaysia, the current law provides just one mandatory sentence –
death penalty. As such, mandatory sentences may end up defeating Justice, when
it helps other guilty persons evade investigation, prosecution and punishment.
Likewise in the Kevin Morais
case, there may be still doubts whether the person who ordered or paid others
to kill, or others involved have all been identified, investigated and charged
in court. No one wants the guilty to escape.
When there is but one mandatory death
penalty, many a accused will elect to be silent until all appeals are exhausted
because it matters not since they will still be hanged to death if convicted.
Further, there is that possibility that they may be also be subjected to
threats to the lives of their loved ones by the persons who ordered or paid
them to kill if they do speak up and reveal the truth.
Malaysia must abolish all
mandatory sentences, not just the death penalty, and leave it to the judges and
the courts to decide on the appropriate sentence for the crime in each and
every case.
It may be acceptable for Parliament
to set the maximum sentence. Other than that, we should trust our judges,
courts and the judiciary to impose an appropriate and just sentence depending
on the facts and circumstances of each individual case, after also taking into
consideration all mitigating and aggravating factors. There is, in Malaysia, also
the right to 2 appeals, a needed check and balance, that gives the opportunity to
higher appellate courts to correct errors made by lower courts, including varying
the sentences imposed.
The previous Barisan Nasional
government was looking at towards the abolition of the death penalty, which
would bring Malaysia in line with the global trend where the death penalty have
been abolished. At the end of 2019, 142 countries, which is more than
two-thirds, had abolished the death penalty in law or practice
The immediate past Pakatan
Harapan plus government also wanted to abolish the death penalty, and then
later they backtracked to just the abolition of the mandatory death penalty.
Many in the new government since
March 2020, who left the previous Pakatan Harapan coalition and/or parties, including
current Prime Minister Muhyiddin Yasin, must remember their personal commitment
and abolish the mandatory death penalty at the very least.
Every day the mandatory death
penalty remains in Malaysian law, everyone who committed the crime of murder,
including those being tried today, will be automatically sentenced to death if found
guilty. This will impact also current trials, where prosecution and defense
lawyers will certainly proceed differently if the sentence for murder was not the
mandatory death penalty.
Parliament must respect the Judiciary,
and restore sentencing discretion to the courts. All mandatory sentences ought
to be abolished.
Mandatory sentences also is a
violation of one’s right to a fair trial, as it removes sentencing power of
judges, who can and will decide on just and appropriate sentences based on all
the facts and circumstances of a particular case, after also considering all
mitigating and aggravating factors.
Death penalty has been shown to have
failed in deterring crime. It is also irreversible punishment and mistakes can happen.
Death penalty also violates the right and best interest of a child when parents
and/or siblings are hung to death by the State.
The abolition of the mandatory
death penalty will not extinguish the death sentence, which will still be an available
sentence for the worst criminal.
Therefore, MADPET
-Calls for the speedy abolition of the mandatory
death penalty, as the first step towards ultimately a total abolition of the
death penalty;
-Calls on Malaysia to abolish all mandatory sentences
in law, and return to judges and courts sentencing discretion for all crimes;
-Calls on Malaysia to respect the right to a fair
trial, whereby a fair trial includes also the sentencing procedure that takes
into consideration mitigating and aggravating factors before the court decides
on an appropriate just sentence.
-Calls on the Malaysian Executive and Legislative
branch of government to respect the Malaysian Judiciary, and not remove or
diminish the Judiciary’s role and function in the administration of justice, which
includes trying all alleged law breakers to confirm guilt, and also the imposition
of a just sentence; and
-Reiterates the call for the total abolition of
the death penalty, and a moratorium on all executions pending abolition.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death
Penalty and Torture)
Among
those who were relieved by the sentence was Datuk Richard Morais
(left), the elder brother of the murdered deputy public prosecutor
(DPP); and his fellow comrades present during the proceedings. -
NSTP/HAIRUL ANUAR RAHIM
KUALA
LUMPUR: The long-awaited justice sought by Datuk Anthony Kevin Morais's
family finally arrived today when the High Court here sentenced the
murderers to the gallows.
The six accused – Army pathologist Colonel Dr R. Kunaseegaran, 55; R.
Dinishwaran, 26; A.K Thinesh Kumar, 25; M. Vishwanath, 28; S. Nimalan
25; and S. Ravi Chandaran, 47; were found guilty of killing Morais on
Sept 4, five years ago.
There was an audible sigh of relief from the gallery when High Court judge Datuk Azman Abdullah meted out the sentence.
Among those who were relieved by the sentence was Datuk Richard
Morais, the elder brother of the murdered deputy public prosecutor
(DPP); and his fellow comrades present during the proceedings.
Richard, who arrived as early as 3pm, sat calmly in the packed public
gallery together with the accused's family members, who were also
present, awaiting the decision.
Richard, clad in a black and white shirt, could not hold back his tears as he calmly walked into the courtroom.
Azman, in his judgement, said the defence had failed to raise reasonable doubt against the prosecution's case.
"The court finds the (defence) has not succeeded in raising reasonable doubt against the prosecution's case," he said.
Richard, when met after the proceedings, said he was happy with the
decision, adding that the prosecution team had done a tremendous job in
prosecuting the case.
"I have waited for a very long time to seek justice for my brother… It was crazy.
"Now, I am very relieved that all the accused will face the gallows," he said.
Some of the accused's family members wept as the decision was announced.
The accused, meanwhile, seemed calm in the dock before they were
chained together and ushered out of the courtroom after the proceedings.
Deputy public prosecutors Saiful Edris Zainuddin and Wan Shaharuddin Wan Ladin prosecuted the case.
Saiful Edris, when met, said he was happy with the decision as he
knew Morais personally, since the former was a magistrate in Perak.
"I feel a little bit emotional, as I had a very good relationship with Morais.
"Everybody seems to forget about this case and focus on other high
profile cases… I am here too in solidarity with my friend who lost his
life," he said.
A total of 70 prosecution witnesses and 14 defence witnesses,
including all the accused, took the stand to testify in the trial which
began on April 6, 2016.
All the accused were ordered to enter their defence on Nov 17, 2017.
On Sept 4, 2015, Morais was abducted by several men following a
fender bender along Jalan Dutamas Raya Sentul and taken to No. 1 Jalan
USJ1/6D, Subang Jaya.
Closed-circuit television footage showed that Morais was grabbed by
the accused after he came out of his car to inspect the damage.
On the following day, Richard lodged a missing person's report after
he failed to contact his brother and the latter had not reported for
work.
Several days later, police found a burnt-out Proton Perdana, with its
chassis and engine numbers erased, in a plantation near Hutan Melintang
in Perak.
On Sept 16, 2015, Morais's body was found in a drum filled with
cement in Subang Jaya, Selangor after one of the seven suspects brought
police to the location at Taman Perumahan USJ 1, Persiaran Subang Mewah. - New Straits Times, 10/7/2020
