Saturday, May 18, 2024

Body Cams NOW, not in 2025 or 2026, for all Law Enforcement Officers to curb corruption, abuse of power and violation of rights Explain Delay and Why Mindwave Consultancy Sdn Bhd given the contract? (MADPET)

Media Statement – 18/5/2024

Body Cams NOW, not in 2025 or 2026, for all Law Enforcement Officers to curb corruption, abuse of power and violation of rights

Explain Delay and Why Mindwave Consultancy Sdn Bhd given the contract?

MADPET(Malaysians Against Death Penalty and Torture) is disappointed on the delay of the Home Minister in ensuring body cams for all police officers in Malaysia despite the fact that the allocation of RM30 million had long been approved in December 2022(FMT,13/12/2022), and thus it is disappointing to note that it took more about 17 months for the Home Ministry to even sign a RM28 million contract to acquire body cameras for the police, which was done on 8/5/2024 at the infamous Defence Services Asia (DSA) and National Security (Natsec) Asia 2024 exhibitions, where controversy arose about the participation of companies that provided arms to Israel.

Mindwave – The manufacturer or just a 3rd party company who will get products from supplier?

As we are talking about police body cams, which records possible evidence, should not the Malaysian government be directly signing agreements with the actual manufacturers of these body-cams, who will also be setting up the system and who will be available to speedily step in to remedy any hitches or problems? Such companies should not be able to tamper or destroy evidence?  

Malaysia now has a Digital Security Minister and Ministry, and reasonably for police body-cams and CCTV maintenance, this Ministry should have been involved, and maybe the Ministry responsible to ensure that the digital data from police body-cams and CCTVs are secure, and free from tampering.

What exactly is that contract for the body cameras that was signed between the Home Ministry and Mindwave Consultancy Sdn Bhd, a Malaysian company, which on the face of it does not looks like not a company that manufactures Body cams or the required documentation system? One wonders whether monies are wasted by signing agreements not with companies that manufacture these security products needed but third party companies? Was there even an open tender? Does the said company even have the required security clearance?

Body Cams for all 135,000 police officers – not just a few

There are about a total of 134,978 police personnel and officers nationwide as of Feb 28, 2023, and Malaysians deserve to know when all these police officers will have their body cams.

The reason for the body cams, amongst others is to deter corruption and abuse of power by police officers, and also to protect the rights of people who have to have dealings with the police. Many a time, corruption or bribe demands/taking happen between police and people, and allegation of police corruptions and/or other abuses are difficult to prove by the victims – but with body-cams with recordings, it changes the situation and it makes it easier for police criminals and others to be prosecuted and convicted. It allows the government also to be able to identify and remove bad police officers and restore public trust and confidence in the Malaysian police.

It is of concern, when on 31/1/2024, Comm Datuk Wan Hassan Wan Ahmad said that , ‘….A total of 7,648 Body Worn Cameras (BWC) will be supplied in stages to the police force starting in September…’.(Star, 31/1/2024) This is unacceptable, as it should be supplied to ALL police officers, especially those on duty including police units involved in shootings that killed people.

Wan Hassan also said that ‘…. training for patrol unit personnel would also be conducted from March 2025 to December…’ Does that mean, that these body cams will only be effectively used in 2026? The body-cams should be speedily provided and should be effectively in use as soon as possible. It should have all been in place by mid-2023 at the latest.

MADPET is very disappointed with Home Minister Saifuddin Nasution Ismail, whose procrastination is indicative of the low priority he has placed on the issue of police body cams and CCTV at police stations, despite the many extrajudicial killings by police, deaths in police custody, allegations of corruption, torture and abuse of powers.  

Ulu Tiram police station extrajudicial killing – Body Cams and CCTV will reveal the truth?

Malaysia has had cases of extrajudicial killings – will all the police officers which were involved in these shootings that resulted in victims being killed be equipped with body-cams.

The most recent death by police shooting happened on 17/5/2024 at the Ulu Tiram police station, and this was an extrajudicial killing of the suspect, which also caused the death of police officers. Are there CCTV recordings at the police stations for us to establish the truth of what actually happened? If the Malaysian government had moved faster, we would also have been able to rely on police body-cams but unfortunately Home Minister failed.

Malaysian police have been plagued with allegations of corruption, abuse of power, torture, extrajudicial killings and deaths in police custody. To deal with these issues, body-cams alone is not sufficient. We need more CCTV with recording capacity at all places in police stations where suspects and/or witnesses are dealt with by the police. Police vehicles too must also be equipped with cams that record.

Body Cams for all Law Enforcement Officers, not just the police

It must be noted that the problem of corruption and abuse of power also involves other law enforcement officers, including also local government (Local Council) enforcement officers, and as such Malaysia must ensure that all these enforcement officers from the various Federal Ministries, State Department and the Local Government are also required to wear body cams with recording capacities.

MADPET calls for the Home Minister to be transparent and explain the delay in the procurement of the body-cams for the police, and how and why Mindwave Consultancy Sdn Bhd was given the contract;

MADPET calls for the Digital or Digital Security Ministry to be responsible for the collection and maintenance of all recordings of body-cams and CCTV at police stations, to prevent police tampering of the evidence especially in cases where the police may be suspected of crimes. This is best considering the fact that Malaysian police have previously been alleged of evidence tampering, especially when police officers are the suspected criminals;

MADPET calls for body-cams for all law-enforcement officers, not just the police, when they are on duty, irrespective of whether they are wearing uniforms or are in plainclothes. CCTV should be on all areas of the police station and other law enforcement premises, and cams should also be placed on law enforcement vehicles.

 

Charles Hector

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

 

Govt approves RM30mil for cops’ body cameras

Bernama-

Home minister Saifuddin Nasution Ismail says the procurement process is in progress.


Home minister Saifuddin Nasution Ismail (centre) said body cameras were now a necessity. (Bernama pic)

KUALA LUMPUR: The government has approved an allocation of RM30 million for the procurement of body cameras for use by policemen on duty.

Home minister Saifuddin Nasution Ismail said that the procurement process was in progress.

“I hope the procurement can be expedited as it (body camera) is now a necessity. I have instructed the ministry secretary-general to follow up on the matter,” he told a press conference after a working visit to Bukit Aman, here.

Commenting on the Independent Police Conduct Commission (IPCC) Bill 2020, Saifuddin said it would come into force in June next year.

The bill was passed on July 26 last year with the aim of improving integrity and reducing misconduct among police officers, as well as increasing public confidence in the security forces.

On flood preparations, especially in the east coast states, Saifuddin said preparations had been made by the police and that 18,170 policemen would be mobilised. - FMT, 13/12/2024

[Updated] Home Ministry inks RM28 mil contract for body cams for cops

KUALA LUMPUR: The Home Ministry has signed a RM28 million contract to acquire body cameras for the police.

Home Minister Datuk Seri Saifuddin Nasution Ismail said tentatively, the first delivery of the body cams would be next month.

"I have asked for the procurement to not be delayed as the budget has been prepared for a long time. There were also changes in the procurement process and I have asked to solve it immediately.

He said this after the contract signing ceremony at the Defence Services Asia (DSA) and National Security (Natsec) Asia 2024 exhibitions.

Earlier, Saifuddin was reported to have said the tender process for procuring body cameras for the police was in its final stages.

Separately, Saifuddin also told Parliament that the police force was expected to fully utilise body cameras from 2025.

The contract for the body cameras was signed between the Home Ministry and Mindwave Consultancy Sdn Bhd.

Another high-value agreement signed was for the acquisition of a multipurpose police transport vessel.

Among the other contracts inked were for the network rental services for PDRMnet with TM Technology Services Sdn Bhd, the development of a disaster recovery centre for the police's system with Telekom Malaysia Bhd, the upgrading of a two-way communication police net with SY Trisilco Sdn Bhd and others.

In total, the ministry signed 12 contracts for the police (RM1.5 billion), one contract for the Malaysian Maritime Enforcement Agency (MMEA) (RM529 million) and one contract for the national registry department (RM52.3 million).

The deals are worth RM2,156,453,991.77 in total.

The contract for MMEA was signed with Galaxy Aerospace (M) Sdn Bhd for the acquisition of four medium-lift helicopters.

Meanwhile, the contract for the National Registry Department (NRD) was for the comprehensive maintenance of application systems and primary business technical support with Infomina Bhd.

The contracts are signed by the Home Ministry secretary-general Datuk Ruji Ubi together with representatives of local companies.

It was witnessed by Saifuddin, his deputy Datuk Seri Dr Shamsul Anuar Nasarah, Home Ministry deputy secretary-general (Management) Dr Abdul Gapar Abu Bakar, MMEA deputy director-general Laksamana Madya Datuk Saiful Lizan Ibrahim and NRD director-geberal Badrul Hisham Alias. - NST, 8/5/2024

Police will be equipped with more than 7,000 body cameras starting September


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By FARIK ZOLKEPLI
  • Nation
  • Wednesday, 31 Jan 2024

Comm Datuk Wan Hassan Wan Ahmad.

KUALA LUMPUR: A total of 7,648 Body Worn Cameras (BWC) will be supplied in stages to the police force starting in September, says Comm Datuk Wan Hassan Wan Ahmad.

The Bukit Aman Crime Prevention and Community Safety Department director said the Home Ministry issued an acceptance letter on Tuesday (Jan 30) involving the supply of BWC to the police force.

"The BWC will be mainly used by personnel in the Mobile Patrol Vehicle and the Motorcycle Patrol Unit, which are under the department.

"It will also be supplied for duties under the Traffic Investigation and Enforcement Department," he said when contacted on Wednesday (Jan 31).

Comm Wan Hassan said the BWC will be supplied in stages from September 2024 to February next year.

"It will be placed at 157 district police headquarters and 640 police stations nationwide.

"The use of BWC will also be conducted in stages starting in October.

"We believe the patrol unit personnel will fully utilise it by March next year," he said.

He said training for patrol unit personnel would also be conducted from March 2025 to December.

Comm Wan Hassan said using the BWC will move the police force forward as the sole enforcement agency using the latest technology, in line with modern policing.

"I hope that the BWC will improve good governance regarding crime prevention patrols by the patrol unit personnel.

"It will also alleviate integrity among police officers, enabling them to prevent and reduce wrongdoing while increasing the public's sense of safety.

"I hope the BWC, attached to police officers' uniforms, will forge closer ties between the police and society," he said.

Comm Wan Hassan said the use of the BWC will also improve the police force's image, as BWC records could be used as evidence in any criminal case, including cases of personnel and officers who were slandered while enforcing the law. - Star, 31/1/2024

 

Sunday, April 28, 2024

Release suspect Chegubard From Remand Detention, And Just Call Him In When Required For Further Investigation ...(MADPET)

 Media Statement – 29/4/2024

Release suspect Chegubard From Remand Detention, And Just Call Him In When Required For Further Investigation as was done in the cases of ex-PM Najib and current DPM Zahid Hamidi

The draconian Sedition Act and Section 233 of the Communication and Multimedia Act, which ought to have been repealed, has been used again, and this time the victim is an Opposition party, Parti Pribumi Bersatu Malaysia (Bersatu)’s  Badrul Hisham Shaharin, also known as Chegubard. MADPET(Malaysians Against Death Penalty) and other groups have long been calling for the repeal of the Sedition Act and Section 233 and other draconian provisions in CMA.

Apparently, the arrest and remand of Badrul was about comments ‘over a post on Facebook where he quoted Bloomberg and Singapore media on reports claiming that a casino would be established in Forest City, Johor.’ The Business Times on 25/4/2024 had a report entitled ‘Malaysia mulls over plans for casino in Forest City as part of Johor-S’pore Special Economic Zone: sources’, and Bloomberg on the same day had a report entitled, ‘Malaysia in Talks With Tycoons on Casino to Revive $100 Billion Forest City’

Malaysia has a casino, and various gambling operations, and anyone can in the future open up a casino or gambling operations provided they get the needed license/permits as per the laws like Betting Act 1953 and Common Gaming Houses Act 1957. Hence, how can it be wrong for anyone making plans or having discussions about casinos and other forms of legitimate gambling activities or talking about it.

According to media report, Badrul was commenting based on information from media reports. One wonders whether the Malaysian government has to date taken any action against Business Times and/or Bloomberg. If there is anything false in the reports, the government and relevant parties could always provide information and demand a correction. Hence, the arrest and now the remand of a person who commented based on media reports raises questions.

Remand Not Needed For Further Investigation

Badrul Hisham was arrested on 27/4/2029, and the police applied for remand on 28/4/2024 and obtained a remand order for 2 days for the purpose of investigation. In cases like this, it is MADPET’s opinion that is no reason for the suspect to held in detention for the purpose of investigation. He could be released and ask to present himself at a particular time for purposes of investigation. If he did not come, then maybe remand may be used.

We recall the case of convicted former Prime Minister, who is now serving his prison sentence, and note that Najib Razak was allegedly never remanded, and forced to spend time in police lock-up with other detainees, where Malaysian lock-up conditions are much to be desired.

We recall Zahid Hamidi, our Deputy Prime Minister, where he was initially not remanded but had to appear on stipulated times for purpose of investigations until just before he was brought to court to be charged. ‘Zahid was arrested at 3.15pm, following his sixth session with the MACC at its headquarters in Putrajaya since July. He will be brought to the Session Court in Kuala Lumpur at 8am tomorrow.’(Malaysiakini, 18/10/2018). In Zahid’s case, there was even no need to apply to the Magistrate for a remand order, which is required if the police or MACC wants to detain the suspect beyond 24 hours from the time of arrest, as he was detained for just about 5-6 hours before taken to court and charged.

Hence, was there really any need to keep Badrul Hisham in detention for the purpose of investigations. MADPET believes that he and most other suspects will turn up for appointments for the purposes of investigation.

Lock-Up Conditions, Death In Custody and Impact on Income Generation

In 2017, ‘…the Human Rights Commission of Malaysia (SUHAKAM) has described the Ayer Molek Police lock up conditions as deplorable and hazardous to the health and wellbeing of its occupants…’(NST, 16/8/2021). Many other police lock-ups are still in bad condition. We have to acknowledge that torture and even death in custody also happens in Malaysia’s police lock-ups.

Remand of suspects affects their income generating activities and causes hardship to themselves, their family and their dependents. It must be noted that most suspects never even get charged, or even if they are, they might be found not guilty. Remember one is presumed innocent until proven guilty in court after a fair hearing.

Remand also can be ‘income generating’ opportunity for the corrupt officers, who charge monies to get detainees food and drinks, use of smartphones, etc. Remand also has financial implication for the government. Would it not be more just for suspects be released after investigation is done for the day, and required to attend at a specified later date and time for further investigations if needed?

MADPET hopes that there is no abuse of remand for punishment, when it is only for the purpose of investigation.

How many hours really investigated? How many hours wasted in lock-ups?

Hopefully, after Badrul is released, he will tell us all how many times and how many hours was he subject to investigation, and how long he spend simply languishing in the lock-up.

Use other laws not Sedition Act or Section 233 Communication and Multimedia Act if people are suspected of committing criminal offences.

MADPET calls for the immediate release of Badrul Hisham Shaharin from remand detention, and that the police fix further appointments for investigation if needed;

MADPET reiterates the call for the repeal of Sedition Act 1948; and Section 233 and other draconian provisions in the Communication and Multimedia Act; and

MADPET calls again for an immediate moratorium pending repeal on the usage the Sedition Act and other draconian laws or provisions in laws.

 

Charles Hector

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

Chegubard in lockup for Forest City casino comments on Facebook

PARTI Pribumi Bersatu Malaysia (Bersatu) information committee member Badrul Hisham Shaharin, also known as Chegubard, was arrested for his Facebook comments alleging a casino in Forest City, Johor.

His remand started today and was confirmed by his lawyer, who said they objected to the four-day remand, securing a two-day remand instead.

According to his lawyer Rafique Rashid, the arrest is to facilitate a police investigation into a social media posting made by Chegubard regarding alleged talks on the opening of a casino in Forest City, as reported by Bloomberg.

Prime Minister Datuk Seri Anwar Ibrahim denied the casino claims made in reports by Bloomberg and Singapore’s Strait Times that linked Anwar and King of Malaysia Sultan Ibrahim Sultan Iskandar to discussions about the casino.

Chegubard, said Rafique, was arrested at the Tapah Rest and Recreation area in Perak about 7pm before he was brought to the Dang Wangi district police headquarters.

“The arrest is related to his Facebook posting on the alleged opening of a casino in Forest City as reported by Bloomberg. The case is being investigated under Section 4(1) of the Sedition Act and Section 233 of the Communications and Multimedia Act.

“The application for remand will be heard at the Dang Wangi district police headquarters at 8.45am today,” said Rafique in a statement.

Anwar described the claims made in the report as a ‘lie’. Genting Malaysia Bhd has also come forward to dismiss the claims made in the report.

Genting Malaysia said neither the company nor its chief executive officer Tan Sri Lim Kok Thay were involved in discussions about the opening of the casino.

Meanwhile, a pro-Pakatan Harapan portal today said former law minister Datuk Zaid Ibrahim erred big time as he attempted to defend Chegubard.

It chided the former law minister, saying he overlooked the fact that Chegubard had implicated Agong and Anwar in the matter.

This morning, Zaid questioned the need for the police to arrest Chegubard over a post on Facebook where he quoted Bloomberg and Singapore media on reports claiming that a casino would be established in Forest City, Johor.

“Why is he being investigated for sedition and the (Communication and) Multimedia Act? Ridiculous. And that is not enough. They had to remand him. Why remand and put him in custody when the police could quickly proceed with the investigation and allow CheBard his freedom, which he is entitled to?

“Chegubard has never failed to cooperate with the police on countless investigations into him,” Zaid wrote. – April 28, 2024, Focus Malaysia

 

Zahid arrested, expected to be charged tomorrow
Published:  Oct 18, 2018 4:23 PM
MACC has arrested Umno president Ahmad Zahid Hamidi and he is expected to be slapped with charges related to graft and money laundering tomorrow.

In a statement today, MACC said this was in connection with investigations involving an unnamed foundation.

The commission also said the former deputy prime minister is being investigated for abuse of power, criminal breach of trust and money laundering.

The Attorney-General's Chambers had consented to the charges.

The commission added that Zahid will face charges under the MACC Act 2009 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Zahid was arrested at 3.15pm, following his sixth session with the MACC at its headquarters in Putrajaya since July.

He will be brought to the Session Court in Kuala Lumpur at 8am tomorrow.

In July, the Bagan Datuk MP was questioned twice by MACC. The first round of questioning concerned the alleged donation by the Saudi royal family to former prime minister Najib Abdul Razak, while the second round was in relation to welfare foundation Yayasan Akal Budi's funds. - Malaysiakini, 18/10/2018

Ayer Molek police lock up 'deplorable'; Suhakam calls for review

KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) has described the Ayer Molek Police lock up conditions as deplorable and hazardous to the health and wellbeing of its occupants.

Suhakam chairman Tan Sri Razali Ismail said based on a recent visit to the lock up in Johor Bahru found that all cells were in extremely poor and dilapidated conditions, and detainees have been deprived of drinking water and even food.

Razali said pursuant to its legislated mandate for an independent and objective scrutiny of the conditions and human rights situation of lock ups, Suhakam visited the premise on July 31 before stating its observation in the open today.

" Several critical issues such as healthcare practices and basic human rights have been denied for the detainees. SUHAKAM is extremely concerned to learn that drinking water was only provided three times a day," he revealed.

Razali emphasised that having access to safe drinking water was central to living a life in dignity; and in accordance with Rule 20(2) of the Standard Minimum Rules for the Treatment of Prisoners, drinking water shall be made available to every prisoner whenever he needs it.

"While detainees are entitled to clothing that is clean, there was also an overall shortage of clean lock up clothes," he added.

The Ayer Molek Police Lock Up was formerly a prison with the capacity of 180 detainees but was converted into a temporary police lock up in Jan 2009.

While detainees were not necessarily subjected to overcrowding, Razali said the cells were small, without adequate lighting and ventilation as well as bedding.

He added that during the visit, Suhakam also received complaints regarding the quantity and quality of food that was provided.

"Suhakam finds it unacceptable that the daily food budget for detainees is RM 8 for three meals per detainee.

"Even the lock up staff acknowledge that this amount does not allow for sufficient portions that are nutritionally balanced, and adequate according to the diet prescribed by the Health Ministry," Razali said.

He said if acceptable standards in detention cannot be maintained, the Ayer Molek lock up and other lock ups in similar conditions should be closed.

"There is an urgent need to undertake a review of the budget allocation for food and potable drinking water for detainees throughout the country, as we believe that similar circumstances exist in other lock ups as well.

"Given the numbers of persons in detention, the allocated national budget for this population must be revisited," he said in a statement.

Razali added that checks also revealed the absence of a custodial medical team and medical officer at the lock up as stipulated under the Lock Rules 1953 to provide immediate medical care to detainees.

"This has been said over and over again and despite our repeated and numerous recommendations, the situation remains the same.

"Overcrowding, inadequate access to healthcare services, poor nutrition, hygiene and sanitation are not only violations of human rights, but these conditions increase the risk of the spread of diseases such as tuberculosis within the lock up," he said.

In the past there have been cases of police officers stationed at the lock up who had contracted tuberculosis from sick detainees.

"Suhakam observes that the United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules), which is a soft law instrument that contains provisions protecting the human rights and personal liberties of detainees, are not being fully complied with in this case," Razali said.

He said the lock up management must ensure that the detainee’s unconvicted status is demonstrated in their treatment and called on the Home Ministry to take immediate steps to better the conditions endured by persons who are on remand and not yet charged.

Razali added the conditions were so poor that they amoun

ted to cruel, inhuman or degrading treatment and reiterated that treating persons deprived of their liberty with humanity and respect for their dignity is a basic and universally applicable tenet; the applicability of which cannot be dependent on budget or financial resources of a lock up.- NST, 16/8/2017

 

Friday, April 05, 2024

Akmal or anyone should not be investigated under draconian Sedition Act or Section 233 of the Communications and Multimedia Act(MADPET)

 

Media Statement – 6/4/2024

Akmal or anyone should not be investigated under draconian Sedition Act or Section 233 of the Communications and Multimedia Act

Moratorium pending repeal of Sedition Act 1948 and draconian provisions in CMA 1998

MADPET (Malaysians Against Death Penalty and Torture) is appalled with the use of the Sedition Act and draconian Section 233 of the Communications and Multimedia Act 1998 against UMNO Youth chief Dr Akmal Saleh. "Investigations were initiated under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act(CMA) 1998 and once complete, would be handed to the AGC for further instructions," he [the Inspector-General of Police (IGP) Tan Sri Razarudin Husain]  said.(NST,5/4/2024)

It was reported that ‘Akmal has been vocal in calling for action and a boycott against KK Mart over the "Allah" socks controversy, and there were recent calls for his arrest over a social media post showing him wielding a sword.’

MADPET is of the opinion that Akmal did no wrong in raising the “Allah” socks issue, and expressing his opinion, as this is a right guaranteed in Article 8(1)(a) of the Federal Constitution that says that ‘…every citizen has the right to freedom of speech and expression…’.

Article 19 of the Universal Declaration of Human Rights (UDHR) also states ‘Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions with-out interference and to seek, receive and impart information and ideas through any media and regardless of frontiers’.

This freedom of speech and expression is an essential right in any democracy. Even if someone says or expresses an opinion, that is contrary to the government of the day position or the views of the majority populace, this right of an individual must always be respected and never be deterred. Response to this freedom must be opinions and views in rebuttal, and not arrest, detention or prosecution unless if it breaks a specific good law.

Call for BOYCOTT of products/companies that violate human rights

Likewise, calling for a boycott of certain establishment or even certain products is a right to be respected. Even the United Nations have imposed economic sanctions and even ‘boycott’ against nation states that they believe have done wrong. Even a country can impose such sanctions or ‘boycott’.

In Malaysia too, we have prevented the entry of products, and even ships/planes from Israel pursuant to Malaysia’s strong stance against Israel for the injustices caused to the Palestinian people, amongst others.

Boycott is a tool of the people as a form of protest against corporations and those in their supply chain as a protest against human rights violations and/or injustices committed against workers, communities or even the environment. Hence, it is not wrong to call for a boycott, or for individual persons to boycott products produced by such corporations. The choice is a personal choice of the individual or the consumer – as an indication that he/she too protest human rights violation or an injustice by the said company or supply chain.

Wrong to still use Sedition Act and Sec.233 of CMA  

What is unacceptable is the use of the draconian Sedition Act, which should have long been repealed, and the vague draconian provision like Section 233 of the Communications and Multimedia Act against Akmal.

If Akmal has committed any offence against other laws, like Section 298A Penal Code (Causing, etc., disharmony, disunity, or feelings of enmity, hatred or ill will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion) or any other offences like INCITEMENT to cause others to commit violence, assault, destruction of property, etc., it would have been acceptable excuse for police investigation but when draconian law or provisions of law is used.  

The Sedition Act 1948 is unacceptable and repugnant to the rule of law for the further reasons that it creates offences arising from an act, speech, words, publication or other thing that are defined as having “seditious tendencies” which are imprecise and without clear boundaries.  Unlike other criminal offences, the offence of sedition does not require mens rea or the element of intent; the correctness of what is done, or the truth of what is said, printed or published is disregarded and not a defence to the offence.

Section 233 CMA is draconian and should be repealed. ‘…It is just too broad and vague, and is open to abuse. For example, the highlighting of violation of human rights or laws, or facts connected to alleged violations of rights/laws, would likely ‘annoy’ or even ‘harass’ the wrongdoer, and for the alleged wrongdoer, it could also be said to be ‘menacing and offensive’. This should never be considered an offence… As such, this section deters even the highlighting of human rights abuses, breaches of law and even possible government wrongdoing. This section even deters the sharing of such relevant and important facts, and/or opinions over the internet…’ – Malaysian Bar Resolution.

An opinion on “Allah” socks – freedom of expression/opinion

Akmal expressed an opinion on the "Allah" socks issue, but not all may share his views. The government is yet to prohibit in law the use of the word ‘Allah’, God and/or other deity on clothing’s and/or certain type of clothing’s. If such a law is to be enacted, it is best that it be enacted by Parliament. One must also acknowledge the fact that some Muslim consumers would have purchased these “Allah” socks and the reason they did so is most likely not to insult God but for some other positive reason. As such, this is a matter that the government must scrutinize well before acting.

Therefore, MADPET

a)    Calls for the immediate end of the police investigation and/or prosecution of Dr Akmal Saleh under draconian Section 233 of the Communications and Multimedia Act 1998 and under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act. If the investigations are under any other offences, then it will be acceptable;

b)   Reiterates the call for the abolition of the Sedition Act and draconian provisions in the Communications and Multimedia Act like section 233, and for a moratorium on the usage of these draconian laws pending repeal.

c)    Reiterates for the immediate repeal of all draconian law and/or provisions in laws, and not procrastinate any further as this Pakatan Harapan-led coalition government has been in power for more than 15 months.

 

Charles Hector

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

 

Umno's Akmal being probed for sedition, says IGP [NSTTV]

KUALA LUMPUR: Inspector-General of Police (IGP) Tan Sri Razarudin Husain has confirmed that investigations are underway against Umno Youth chief Dr Akmal Saleh.

In a brief statement, the top cop said police received two reports against the Merlimau assemblyman's actions and investigations are underway.

"Investigations were initiated under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998 and once complete, would be handed to the AGC for further instructions," he said.

Once completed, the findings will be forwarded to the Attorney General's Chambers (AGC) for further action.

Earlier it was reported that Dr Akmal in a Facebook post said he was being detained at the Kota Kinabalu district police headquarters.

He said he was supposed to give his statement to the police in Dang Wangi here tomorrow but was detained in Kota Kinabalu this morning.

Akmal has been vocal in calling for action and a boycott against KK Mart over the "Allah" socks controversy, and there were recent calls for his arrest over a social media post showing him wielding a sword.

On Wednesday, Razarudin said no probe into Dr Akmal as no report had been lodged against him.

However, several parties including former law minister Datuk Zaid Ibrahim and human rights group, Lawyers for Liberty, have questioned the necessity for a report to be lodged for the police to act.

His Majesty Sultan Ibrahim, King of Malaysia, has also urged all parties to cease exploiting the issue and inciting anger, emphasising that action had already been taken by the authorities.

Razarudin also urged all parties to refrain from speculating about the sock with Kalimah Allah controversy, since the case had been prosecuted in court. - NST, 5/4/2023

Akmal detained at Kota Kinabalu police HQ

-

He is being investigated under the Sedition Act, says Bukit Aman.


Umno Youth chief Dr Akmal Saleh says he will give the police his full cooperation. (Bernama pic)

PETALING JAYA: Dr Akmal Saleh today said he had been detained at the Kota Kinabalu police headquarters despite being scheduled to give a statement at the Dang Wangi police station tomorrow.

In a Facebook post, the Umno Youth chief said he would give the police his full cooperation.

“Pray for everything to be facilitated. I will not move an inch from our stance,” he said.

Meanwhile, Inspector-General of Police Razarudin Husain has confirmed receiving two reports on Akmal’s statements on the “Allah” socks issue, and that the case is being investigated under Section 4(1) of the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998 for misuse of network facilities.

He said in a statement that the investigation paper will be referred to the Attorney-General’s Chambers once the probe is completed.

Razaruddin later confirmed that the Merlimau assemblyman was detained at Kota Kinabalu International Airport this morning, Bernama reported.

Meanwhile, Malay Mail reported Sabah police commissioner Jauteh Dikun as saying that Akmal will be released once he gives his statement to the police.

Akmal’s detention comes amid his heavy push for a boycott of convenience store chain KK Mart, which became the centre of controversy after socks bearing the word “Allah” were found being sold at its Bandar Sunway outlet.

He has continued to spearhead the movement against the chain, despite its immediate apology, the legal action taken against its founder KK Chai and director Loh Siew Mui, and a call from the king not to prolong the controversy.

Since the boycott started, three KK Mart outlets in Bidor, Perak; Kuantan, Pahang; and Kuching, Sarawak, have been attacked with petrol bombs.

Akmal’s actions meanwhile have drawn criticism from many quarters, with former Umno Youth chief Khairy Jamaluddin urging him to stop.

KK Mart’s Chai also apologised directly to the Yang di-Pertuan Agong Sultan Ibrahim for the sale of the socks. The king reiterated at their meeting his warning for all parties not to take advantage of the matter. - FMT, 5/4/2024