Justice is not served until the criminals of the Global Sumud Flotilla are charged and tried in Malaysia or ....

 

Media Statement – 6/10/2025

Justice is not served until the criminals of the Global Sumud Flotilla are charged and tried in Malaysia or elsewhere for the crimes they committed against Malaysians and others – Criticism alone and celebrating release not Enough

Malaysia can charge them in Malaysian Court

MADPET (Malaysians Against Death Penalty and Torture) is apalled by the CRIMES committed by persons/officers from the Israeli Zionist regime on about 400 persons, including Malaysians on board the Global Sumud Flotilla, which set sail last month for Gaza.

It is sad that Prime Minister Anwar have still not come out strongly saying that Malaysia will prosecute the perpetrators for terror offences, human trafficking and the other crimes.

The Malaysians (and others) were forcibly abducted at sea outside Israel, and then forcibly taken into Israel, detained and there are also allegations of torture. They were also denied the fundamental human right to consult and/or be represented by a lawyer of their choice. They were treated like undocumented migrants that entered Israel without permission, which is baseless. They were allegedly pressured, deceived, misrepresented and/or tricked resulting some allegedly admitting to the crime of illegally entering Israel.

Iylia Balqis, a 28-year-old activist from Malaysia, was reported saying ‘…that Israel's interception of the boats was "the worst experience". "We were handcuffed (with hands behind our backs), we couldn't walk, some of us were made to lie face down on the ground, and then we were denied water, and some of us were denied medicine," she said…’(France 24, 4/10/2025)

Paolo Romano, a regional councillor from Lombardy in Italy said they tried to force them to admit they had entered Israel illegally. "But we never entered Israel illegally. We were in international waters and it was our right to be there. "On landing, they were taken to a prison and held there without being allowed out and were not given bottled water, he said. "They were opening the door during the night and shouting at us with guns to scare us," he said."We were treated like animals."(France24)

Turkish journalist and Gaza Sumud Flotilla participant Ersin Celik told local media outlets he witnessed Israeli forces “torture Greta Thunberg,” describing how she was “dragged on the ground” and “forced to kiss the Israeli flag.”

Malaysian activist Hazwani Helmi and American participant Windfield Beaver gave similar accounts at Istanbul Airport, alleging Thunberg was shoved and paraded with an Israeli flag. “It was a disaster. They treated us like animals,” Helmi said, adding that detainees were denied food, clean water, and medication. Aljazeera, 4/10/2025

PM Anwar’s Response to Date Is Lacking

As such, just the facilitating the safe return of these Malaysians is simply not enough. Malaysia needs to do more.

We cannot ignore the fact that they are all victims of serious crimes and violation of human rights - abduction/kidnapping or worse human trafficking. They were also allegedly tortured, violated and had their human rights violated by 'persons unidentified' but most likely linked to the Zionist Regime of Israel.

Such crimes against Malaysian citizens cannot be treated lightly or ignored. These are serious crimes, which could also be terror offences, or even trafficking in person offences.

It would be best if Malaysia charge the suspected criminals for the crimes they committed against Malaysians and/or their families. Failing which, Malaysia will be a laughing stock – for failing to prosecute these criminals who made Malaysians victims. Mere relief for their release without prosecuting the criminals is not JUSTICE.

Malaysia can charge them in Malaysia – Trial in Absentia Is Possible

Universal jurisdiction allows a state to prosecute certain serious crimes regardless of where they were committed and irrespective of the nationality of the accused or the victim.

Malaysia has already proclaimed that it has universal jurisdiction for, amongst others, terrorism offences and human trafficking.

Attention be drawn to Malaysian Delegation statement at the UN in New York on 17/10/2013, where it was said, ‘For Malaysia, any exercise of universal jurisdiction must be based on enabling domestic law. Malaysia already has in place its domestic legal framework which provides for extra-territorial criminal jurisdiction. Of foremost relevance is in relation to terrorism offences whereby section 4 of the Penal Code of Malaysia established the extra-territorial application of the offences while section 22 (a)(v) of the Court of Judicature Act 1964 empowers the courts to take jurisdiction over those offences. In relation to other offences such as trafficking in persons, computer crimes, and money laundering which also give extra-territorial application, the court’s jurisdiction is provided therefore under the respective laws.’(“The Scope And Application Of The Principle Of Universal Jurisdiction” At The Sixth Committee Of The Sixty-Eighth Session Of The United Nations General Assembly New York, 17 October 2013)

MADPET verily believes that Malaysia can already prosecute the criminal suspects in this case, as it certainly is a terrorist offence and/or a trafficking of persons offence.

Note that in the Anti-Trafficking In Persons And Anti-Smuggling Of Migrants Act 2007, "trafficking in persons" means all actions of recruiting, conveying, transferring, acquiring, maintaining, harbouring, providing or receiving, a person, for the purpose of exploitation, by the following means: (a) threat or use of force or other forms of coercion; (b) abduction; (c) fraud; (d) deception; (e) abuse of power; (f) abuse of the position of vulnerability of a person to an act of trafficking in persons; or  (g) the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person;..’

It must be noted that in Malaysia, criminal trial can proceed even if the accused chose not to attend court to be charged or for the trial as provided for in Section 425A of the Criminal Procedure Code (CPC), making it possible to have a trial in absentia. That section was introduced to deal also with the situations where the accused could not be brought to court to be charged and tried.

"Passive Personality Principle" – Right To Prosecute Criminals where the victims are Malaysians

It is right that Malaysia claims the right in law to be able to prosecute in Malaysian courts, perpetrators of crime against Malaysians. No more should a foreign national who raped, killed or committed a crime against a Malaysian outside Malaysia be able to escape being prosecuted by Malaysia in the Malaysian courts. Enact the law to make this happen.

Additionally, regarding crimes committed against a citizen of the prosecuting state, universal jurisdiction can be applied under the "passive personality principle," which permits a state to assert jurisdiction based on the nationality of the victim rather than the offender or the location of the crime. Countries that permit universal jurisdiction based on victim nationality (the "passive personality principle") in their legal frameworks now include Brazil, Ethiopia, India, and Italy. There is no reason why Malaysia cannot be the same, and have the capacity to act against perpetrators of crimes against Malaysian victims committed overseas.

Reconsider Acceding to the Rome Statute – Another Access To Court for Malaysia To Prosecute Criminals/States

Malaysia has withdrawn its accession to the Rome Statute, the treaty establishing the International Criminal Court (ICC). Although Malaysia acceded to the Statute in March 2019, it rescinded this decision a month later in April 2019.

If Malaysia still now acceded to the Rome Statute, then Malaysia would have had the abilityity to also use the International Criminal Court (ICC) but it now does not now. MADPET urges Malaysia to review its decision and accede to the Rome Statute again, so that it will have ONE additional venue to access justice, especially when Malaysians are victims of foreign nationals/States.

Political Will and GUTS

MADPET prays that Prime Minister Anwar Ibrahim and the Malaysian Government has the needed political will and GUTS to ensure justice be done – criminals should be prosecuted for their crimes, and victims should be entitled to adequate compensation and an apology.

Let not maintaining or strengthening diplomatic relationship result in a ‘soft’ stance, and allowing the perpetrators of crimes and injustice escape without having to pay for the crimes and rights violations.

Act Fast, Investigate, Identify Individual Perpetrators and Prosecute

Malaysia needs to act fast, to identify the individuals and officers who committed the crimes, and prosecute and take legal action against them, and not just lay blame on the Zionist regime of Israel or Prime Minister Benjamin Netanyahu.

It is not justice when the Malaysian Government compensate the victims of death in custody, but the actual criminal officers get off scot free without being tried, convicted and sentenced, or even paying damages from their own pocket. Such is not justice done, when the real perpetrators end up not paying for their crimes.

So, ensure that the individual criminals are identified and prosecuted, not just the Israeli government. Israel has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and so the acts of torture and others by these Israeli officers are reasonably also crimes in Israel itself, thus these individuals will be  personally responsible for their wrongdoings/crimes.

Non-Action or prosecution of individual perpetrators will only create greater impunity amongst these Israeli officers/persons.

 

Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)