Tuesday, May 23, 2023

Malaysia Must Stop Pressuring Facebook and Telegram to Monitor or Control User’s Private Communication(MADPET)

 

 

Media Statement – 24/5/2023

Malaysia Must Stop Pressuring Facebook and Telegram to Monitor or Control User’s Private Communication

Telegram and app owners must be strong and protect user’s privacy

Malaysia’s actions with Facebook, Telegrams, other App owners and service providers is raising concerns relating to our right to privacy, including our right of private communication. The government should not be ‘spying’ on people, and neither should the State  be asking service providers or App owners to be monitoring our communications over the internet. Internet user’s privacy must always be respected, and many will just abandon apps where their private communication is being seen by others, including the State.

MADPET (Malaysians Against Death Penalty and Torture) reiterated its call for the immediate repeal of section 233, 263, 252, 265 and other draconian provisions in the Communications and Multimedia Act 1998(CMA). What the Minister is trying to do must be by reason of this draconian Act.

. ‘…The Malaysian Communications and Multimedia Commission (MCMC) is strengthening its cooperation with Meta Platforms Inc (Meta) to curb Facebook activities that violate Malaysian laws, Communications and Digital Minister Fahmi Fadzil said…’(Malay Mail, 22/5/2023).

Is there any other way other than invading the privacy of users and monitoring content of communication, that these service providers and app owners can do what Malaysia is asking them to do?

The Minister, from the Pakatan Harapan that were all for reforms and human rights before elections, must now clarify what Malaysia is getting Facebook and other service providers to do.

Protect the privacy of our private communications

The monitoring of any or all communications of all Malaysian users is totally unacceptable.

However, if an internet user makes a police report or a complaint to law enforcement of a crime, then the investigation of the complainant’s communication through which the alleged crime occurred, and maybe even the tracking the scammers, online gambling, pornography, etc may be permissible. But certainly, no ‘spying’ on the communications on everyone all the time or at any time, for whatever reasons and certainly NOT because Malaysia wants to PREVENT attempts or crime that yet to happen, which may or may not occur in the future.

There may be some support today in Malaysia if it was the monitoring of Ministers, politicians, political appointees and public officers to prevent corruption, power abuse and such crimes involving Malaysia’s monies. However, MADPET would also be against that.

Laws, disrespecting privacy, that enable continuing monitoring to prevent possible future crimes is unjust

Section 263(2) states, ‘(2) A licensee shall, upon written request by the Commission[Malaysian Communications and Multimedia Commission(MCMC)] or any other authority, assist the Commission or other authority as far as reasonably necessary in preventing the commission or attempted commission of an offence under any written law of Malaysia or otherwise in enforcing the laws of Malaysia, including, but not limited to, the protection of the public revenue and preservation of national security.’ A ‘.."licensee" means a person who either holds an individual licence, or undertakes activities which are subject to a class licence, granted under this Act;..’.

Investigation and action comes after crime committed

Action after a crime is committed is reasonable, but insisting actions to prevent a crime which MAY or may not happen though means continuing monitoring and actions by service providers or app owners is unacceptable.

Are these service providers and app owners also asked to suspend accounts on users because they believe there may be an attempt to commit a crime is also wrong. If the State has a justification to take action, they must act on their own after giving the alleged perpetrator the right to be heard and getting a Court order.

There have been experiences of Facebook accounts being temporarily suspended, but the user is at a loss as to whether it is the action of Facebook, or really the action of Malaysia that got Facebook or other apps/services to do so. There must be transparency on the part of the Malaysian government, and the government must remember the presumption of innocence until found guilty by a court of law. So, no to interference, monitoring, suspension or blocking of accounts of users of any apps used for private communication.

Facebook ‘buckled’ but not Telegram?

Whilst Facebook may have buckled to Malaysian government’s request, it is good to note that Telegram has not to date.

Minister of Communications and Multimedia Fahmi Fadzil said Telegram has been asked from the outset to tackle these matters “but has refused to do so up to now, so I asked MCMC to study the necessary actions”. He said MCMC was strengthening its co-operation with Facebook owner Meta to curb activities that violate Malaysian laws. (FMT,22/5/2023).

MADPET urges Facebook and other service providers that will monitor user’s communication to ensure Malaysian laws are not violated to openly disclose the fact to users, so users can make informed decision as to whether to use the app or service. Many want their communication to be private even from the prying eyes of the owner and service provider.

MADPET applauds Telegram, service providers and app owners that have stood strong against government pressure to ensure privacy of user and user’s communication is always protected.

MADPET urges the Malaysian government to stop ‘pressuring’ service providers and app owners to ensure that the users do not violate Malaysian laws. Stop making service providers and app owners liable for crimes committed by users whilst using these internet communication tools.

MADPET reiterates its call for the immediate repeal of the draconian provision in Malaysia’s Communications and Multimedia Act 1998(CMA). Enclosed is MADPET’s statement ‘Respect People’s Right to Privacy, Freedom of Expression - Repeal Section 233 and other rights violating provisions in the Communications and Multimedia Act 1998(CMA)’ dated 4/3/2023, which looks at some of these draconian provisions.

MADPET calls for the respect of privacy, and urges the government to impose a moratorium on the usage of these draconian provisions pending repeal.

Charles Hector

For and on behalf of MADPET

 

ADDENDUM

 

Media Statement – 4/3/2023

Respect People’s Right to Privacy, Freedom of Expression - Repeal Section 233 and other rights violating provisions in the Communications and Multimedia Act 1998(CMA)

Suspect’s right to be informed and to be heard must be respected before online services are ‘blocked’ by State

The continued use of the draconian Section 233 Communications and Multimedia Act 1998(CMA) by Malaysian government under Prime Minister Anwar Ibrahim is appalling. News that the government will review this section is welcomed, but MADPET (Malaysians Against Death Penalty and Torture) calls for the repeal of Section 233 and all anti-human rights provisions in CMA.

Despite the long-standing call of the Malaysian Bar (also vide a Bar Resolution passed at the AGM in 2016 attended by over 1,000 lawyers), SUHAKAM (Malaysian Human Rights Commission), civil society groups and others for the repeal of this law, this PH-led government is still using this law.

The Bar in a statement December 2015 said, amongst others that ‘…Section 233(1)(a) of the CMA is a serious encroachment on the freedom of speech and expression guaranteed by Article 10(1)(a) of our Federal Constitution. …Section 233(1)(a) of the CMA is also repugnant to the rule of law, as it is broad in scope, vague and ambiguous, with entirely subjective terms such as “offensive” and “annoy”.  It can easily be misused to stifle speech and expression, to shut out contrary views, to quash dissent, to deny democratic space, and to suppress Malaysians.  It is this imprecision that gives rise to the perception that the provision is yet another dressed–up political weapon in the armoury of the Government…’

Section 233 criminalizes the publication and dissemination online of communication that is ‘…obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person…’ 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. A criticism of a statement of a Minister or anyone that is in the wrong can also be alleged to be false, menacing, annoying or even harassment.

In 2022, the Centre for Independent Journalism documented 114 cases where Section 233 of the Communications and Multimedia Act was used to investigate netizens and human rights defenders.

CMA has also infringed press freedom, and this also can violate people’s right to information. Two national newspapers are being investigated by police for publishing news reports insinuating that Chinese vernacular school students in the country are reluctant to learn Bahasa Malaysia. This maybe just an opinion of some, so why the investigation at all.

Blocking access without owner-user knowing – section 263

Another draconian provision is Section 263, whereby Section 263(2) states, ‘(2) A licensee shall, upon written request by the Commission[Malaysian Communications and Multimedia Commission(MCMC)] or any other authority, assist the Commission or other authority as far as reasonably necessary in preventing the commission or attempted commission of an offence under any written law of Malaysia or otherwise in enforcing the laws of Malaysia, including, but not limited to, the protection of the public revenue and preservation of national security.’ A ‘.."licensee" means a person who either holds an individual licence, or undertakes activities which are subject to a class licence, granted under this Act;..’.

This means access to your blog, website, Facebook, email, etc can be blocked by the licensee or service providers on the request of the MCMC, who simply have to send a written request.

What is worse is that you may not know WHY this happened, and who is responsible for this ‘censorship’ and deprivation of your right to communicate with others? Worse, this ‘censorship’, interference, blocking of access and even closure of account of your online facilities of communication can even happen before any alleged crime is committed. One may end up wrongly blaming service providers and social media applications, when the truth may be that it was the government that is responsible.

If blog/website or any social media facility access is to be blocked, the suspect of the alleged crime must be immediately informed by MCMC or the relevant authorities, and accorded the right to challenge that decision.

Note that all the police or MCMC can do is allege or suspect that a crime has been committed, for it is only the court, after a fair trial, that determines whether an offence has been committed or not. Hence, premature punishment by blocking access to internet facilities must end, as punishment ought to come after the court decides on the guilt.

Spying on us – Section 252, 265

How many people’s communication online are being intercepted and listened to using CMA? The people’s right to privacy must be respected and acknowledged.   

Section 252 CMA ‘…. authorise the officer to intercept or to listen to any communication transmitted or received by any communications….’ .  CMA says, "interception capability" means the capability of any network facilities or network service or applications service to intercept communications under section 265;

All that is needed now is the authorization of the Public Prosecutor, and MADPET believes that it is better that the requirement be a Court order made by a Judge, who will have to consider our right to privacy before allowing for any such ‘spying’.

Section 265(1) states, ‘The Minister may determine that a licensee or class of licensees shall implement the capability to allow authorised interception of communications…’

CMA needs a total review, and all draconian provisions that violates our human rights must be forthwith repealed

MADPET (Malaysians Against Death Penalty and Torture) calls for the immediate repeal of section 233, 263, 252, 265 and other draconian provisions in the Communications and Multimedia Act 1998(CMA);

MADPET calls for an immediate stay in the usage of Section 233 and all draconian provisions of the CMA pending repeal;

MADPET calls for respect and acknowledgement of a persons right to privacy, and to insert this right in the Constitution or relevant laws;

MADPET calls for press freedom, and for the government to ‘end’ trying to scare or ‘control’ journalists and media outlets from reporting and/or delivering information, including critical opinions, to the Malaysian public.

Freedom of speech, expression and opinion must be respected. If there is some ‘fake’ or ‘misleading’ information online, the government should speedily correct or clarify rather than prosecuting the author and those who shared it online. The government must acknowledge the right of people to express opinions different from that of the government of the day, the police or MCMC.

Charles Hector

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

 

MCMC has Telegram in crosshairs over porn, drugs

Communications and digital minister Fahmi Fadzil says people who conduct illicit activities using social media apps should be taken to task.

Communications and digital minister Fahmi Fadzil said Telegram had been approached repeatedly by MCMC over such issues, but to no avail.

PETALING JAYA: The Malaysian Communications and Multimedia Commission is examining ways in which it can curb illicit activities on the Telegram social media app, communications and digital minister Fahmi Fadzil said today.

The minister referred to users sharing pornography, and trading in drugs and medicines not approved for use in Malaysia.

“All of these matters are worrisome as they are legal violations,” he said.

He said Telegram has been asked from the outset to tackle these matters “but has refused to do so up to now, so I asked MCMC to study the necessary actions”.

He said MCMC was strengthening its co-operation with Facebook owner Meta to curb activities that violate Malaysian laws.

Fahmi said commission officials met with Meta management last week and discussed controls for online gambling as well as scam advertisements.

He denied claims by Telegram account holder Edisi Siasat that the ministry had not taken any action at all. - FMT, 22/5/2023

 

Malaysia

Fahmi: MCMC working with Meta to curb Facebook activities that violate Malaysian laws

Fahmi: MCMC working with Meta to curb Facebook activities that violate Malaysian laws
Communications and Digital Minister Fahmi Fadzil poses for a picture with guests at the Malaysian National News Agency’s (Bernama) 56th Anniversary and Aidilfitri Open House celebration at Wisma Bernama, Kuala Lumpur May 22, 2023. — Bernama pic

KUALA LUMPUR, May 22 — The Malaysian Communications and Multimedia Commission (MCMC) is strengthening its cooperation with Meta Platforms Inc (Meta) to curb Facebook activities that violate Malaysian laws, Communications and Digital Minister Fahmi Fadzil said.

He added that the commission met with Meta management last week and discussed controls on Facebook relating to online gambling and ads of non-existent investments and scams.

“This issue is on Meta’s side, I have repeatedly brought it up to be resolved, so during this meeting, we have asked for further explanations on the online gambling and scam issues, and these are what we are focusing on currently.

“I hope our cooperation through MCMC and META will grow even closer in our efforts to curb any misuse of the platform,” he told reporters after attending the Malaysian National News Agency’s (Bernama) 56th Anniversary and Aidilfitri Open House celebration at Wisma Bernama here today, in the presence of Bernama chief executive officer (CEO) Roslan Ariffin and Bernama acting editor-in-chief Jamaluddin Muhammad.

Fahmi was refuting claims by Telegram account holder Edisi Siasat that his ministry had not taken any action against such activities on Facebook.

He also said they were studying how to take stern action against Telegram users who upload pornography and use the app to sell drugs and medicines unapproved by the Health Ministry.

“All of these matters are worrisome as they are legal violations, from the onset, the (Unity Government) administration has asked Telegram (to address) these issues but they have refused to do so till now, so I asked the MCMC to study the necessary actions,” he said.

Fahmi also took the time to congratulate Bernama on its 56th anniversary, saying that the agency played a vital role as a news agency in reporting news and historic national events.

“Congratulations Bernama... a prime mover in the Malaysian media industry, and as the organiser of the National Journalists Day (Hawana) 2023.

“Changes in the media industry due to the development of social media need to be studied together and my ministry and I stand ready to assist Bernama,” he added. — Bernama - Malay Mail, 22/5/2023

Monday, May 22, 2023

MADPET - Justice Demands Revocation of the ‘6-month Refusal to Entry’ of Singaporean Couple who were allegedly dissatisfied with Malaysian Immigration Officer/s

 

Media Statement – 22/5/2023

Justice Demands Revocation of the ‘6-month Refusal to Entry’ of Singaporean Couple who were allegedly dissatisfied with Malaysian Immigration Officer/s

Public Officers Must Always Be Courteous

MADPET (Malaysians Against Death Penalty and Torture) is shocked and ashamed that Malaysia had banned a Singaporean couple from entering Malaysia for 6 months just for wanting to complain about the actions of Immigration officers (New Straits Times, 22/5/2023).

Malaysia should be welcoming of public complaints from anyone against public officers and government departments/agencies, and not be perceived as ‘retaliating against any that dare to complaint’.

According to the NST news report, the couple’s complaints or dissatisfaction was, amongst others, about the stamping of the Malaysian Immigration entry stamp on the passport, where allegedly the officer had left a blank page on the passport, and stamped the page following. ‘…"I think this needs to be standardised because its not fair for us (Singaporeans) to be paying for our passports and the officers are just wasting our pages…’

This may not be a big deal for people who sometimes travel overseas, but for those who regularly travel between countries, this may mean that the passport pages may run out early before the passport expires, thus requiring the passport holder to expend monies to get another NEW passport.

When the alleged victims asked about how to lodge a complaint, they were allegedly told to do it online – and when requesting assistance on how to do it online, they ended up being banned from entering Malaysia for 6 months.

‘"He told us to do it online, without explaining it to us. He also raised his voice and told us to do it outside the office. There was no need for him to act that way…’

‘"After my wife asked him a few times on how to do it on the website, he was irritated and took our passports from us. We were taken to another office on level 2 where we were issued with a 'Refusal of Entry' letter by one 'Asisten Superintenden Rexsus', an Indian female officer," said Qayyum…’

‘…He said when they asked for an explanation as to why they were issued with the 'Refusal of Entry' letter when they just want to know the reasons, she couldn't give them an answer. "Instead, she raised her voice and sarcastically gave us a choice of being banned from Malaysia for either 6 months or 1 year. After which, she told us we were banned for 6 months from entering Malaysia for no valid reason."…’

The conduct of Malaysian public officers, if true, is appalling and a national embarrassment. Public officers must at all times be respectful to people who seek their assistance, irrespective whether they are rich or poor, as in this case apparently the couple was travelling on a motorcycle.

In Malaysia, we have heard before about ‘bad’ behavior of public officers, even law enforcement. Ideally, they should always be courteous. Prime Minister Anwar Ibrahim should ensure that public officers should always be courteous to the public, and a failure to do so ought to be a misconduct.

Complaint procedures should be made easy, and in fact where one cannot directly make a complaint to an officer on site, then there must be at least someone who is there to assist if complaints are to be lodged online.

The response to these dissatisfied clients of Malaysian immigration who wanted to seek clarification and/or lodge a complaint was the issuance of a Refusal of Entry into Malaysia for 6 months, which is shocking and unjust.

One must acknowledge that some amongst us are just FEARFUL of complaining against public officers or the government, and the State is duty bound to eliminate this fear, including the fear of retaliation by the government.

MADPET calls on Prime Minister Anwar Ibrahim, the Minister and the government of Malaysia to immediately revoke and cancel the said ‘Refusal of Entry’, and to apologize to the victims.

An inquiry should also be done on the incident, and the alleged complaint with a view of ensuring justice be done, which may also include compensation for the victim/s and disciplinary actions. The problem may also have been caused by the inadequacy of staff, resulting in the few being overworked. If the couple committed a crime, charge them in court.

MADPET also calls on the Enforcement Agency Integrity Commission (EAIC) to investigate, where the Immigration Department of Malaysia is under EAIC’s jurisdiction, and EAIC has the power to investigate any complaints of misconduct it receives from a member of the public or that are referred to it by any person. MADPET will try to also lodge a complaint.

EAIC should have the power to investigate any matter within its jurisdiction comes to its attention, without any requirement of a complaint lodged by anyone.

 

Charles Hector

For and on behalf of MADPET

 

Re: New Straits Times, 22/5/2023, Singaporean couple banned from Malaysia for questioning Immigration officer > https://www.nst.com.my/news/nst-viral/2023/05/912024/singaporean-couple-banned-malaysia-questioning-immigration-officer

 

Singaporean couple banned from Malaysia for questioning Immigration officer

KUALA LUMPUR: A Singaporean couple who had questioned the way an Immigration officer stamped their passports upon entering Malaysia, ended up being banned from entering the country for six months.

Sharing his ordeal on Facebook, Abdul Qayyum Rahim said he and his wife were heading to Johor Baru via the Tuas checkpoint (Second Link) on March 20.

"We were stuck at the checkpoint for an hour because there were only two counters open. When we arrived at the counter, the officer told us to remove our passports' covers in an impolite tone.

"I then removed the covers and gave them to her and after she verified our particulars, she proceeded to chop (stamp) the passports. Upon checking the passports, I noticed that the officer had purposely left a blank page on my passport. As for my wife's passport, she chopped on page 27 before scribbling on it and re-chopped on page 28 for no good reason," said Qayyum.

He said he then parked his motorcycle and they walked to the office where he asked a male officer the procedure on how to lodge a complaint against the officer at the counter.

"He told us to do it online, without explaining it to us. He also raised his voice and told us to do it outside the office. There was no need for him to act that way.

"After my wife asked him a few times on how to do it on the website, he was irritated and took our passports from us. We were taken to another office on level 2 where we were issued with a 'Refusal of Entry' letter by one 'Asisten Superintenden Rexsus', an Indian female officer," said Qayyum.

He said when they asked for an explanation as to why they were issued with the 'Refusal of Entry' letter when they just want to know the reasons, she couldn't give them an answer.

"Instead, she raised her voice and sarcastically gave us a choice of being banned from Malaysia for either 6 months or 1 year. After which, she told us we were banned for 6 months from entering Malaysia for no valid reason."

He said the officer at the counter was not wearing a nametag, so he couldn't get her name while the male officer at the first office wasn't wearing a proper uniform, just a t-shirt and a jacket.

"The female officer who issued us the letter at Level 2 office, her name is Asisten Superintenden 'Rexsus'," said Qayyum.

He added a friend of his also had a similar experience.

"She told me her boyfriend questioned why the officer stamped the centre of the page in his passport and the officer shouted at him and took them to the higher office," said Qayyum.

He said he just want a clarification on how and what is the proper procedure for the Malaysian Immigration to stamp passports.

"I think this needs to be standardised because its not fair for us (Singaporeans) to be paying for our passports and the officers are just wasting our pages.

"And also please look into this matter and do something about the officers on the ground. We understand this is their job, but the least they can do is treat us the way they want to be treated. I just hope with this post, Malaysia Immigration will take action on the procedure, the proper turnouts for an officer and also the proper way of treating foreigners coming in your country.

However, Qayyum's version of the incident has been disputed by other Facebook users, with some claiming that it was the couple who provoked the officer in the first place.

Others, meanwhile, said the the couple should not have questioned the way the officer carrying their duties and that it was just a small matter.

Facebook user Rahmat Mohamed commented, "Should not comment or challenge so much when you enter another country. Being Singaporean does not mean you have the entitlement. The country's immigration have every right to refuse entry to anyone if they feel you are a threat to them. I think you followed your emotion on this issue. It (is) a small matter."

Other users took pity to the officers, saying that they might have been very tired since they have to check multiple passports everyday.

Cubby Kuan commented, "Do you know in one day how many passports they have to chop? Hundreds or maybe thousands of passport especially during peak seasons. Imagine they have to turn all the passports page by page to find the recent blank page to chop (so you don't waste your page), then the last person in the line will need to sleep in the airport, no need go out, wait for 10 hours the officer still haven't chop finish because the need to find the page one by one to chop." - New Straits Times, 22/5/2023

 

 


Saturday, April 29, 2023

After Mandatory Death Penalty, Abolish Detention Without Trial Laws End Detention/Restriction Without Right To Fair Trial in Upcoming May Parliamentary Session - MADPET

 


 

Media Statement – 29/4/2023

After Mandatory Death Penalty, Abolish Detention Without Trial Laws

End Detention/Restriction Without Right To Fair Trial in Upcoming May Parliamentary Session

As this Malaysian government’s actions leading to the abolition of mandatory death penalty and imprisonment for natural life is applauded, MADPET (Malaysians Against Death Penalty and Torture) calls for the immediate repeal of the even more draconian Detention Without Trial(DWT) laws like Prevention Of Crime Act 1959(POCA), Prevention Of Terrorism Act 2015(POTA) and the Dangerous Drugs (Special Preventive Measures) Act 1985.

As there is no trial, the victims of DWT laws will never ever be sentenced to death or natural life imprisonment for the crimes the government allege that they have committed.

These DWT laws ignore the presumption of innocence until proven guilty after a fair trial, where accused persons have a right to defend himself/herself and the Judge finally decides whether one is guilty or not. Article 11 of the Universal Declaration of Human Rights states: “Everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to law in a public trial at which they have had all the guarantees necessary for their defence.”

Anyone, including the innocent, can be victims of any DWT laws, as these Malaysian laws does not even allow victims the access to court to challenge the reasons used to justify their detention or restrictions.

Section 15B(1) of POCA, where similar provisions are in all DWT laws, states,  There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the Board in the exercise of its discretionary power in accordance with this Act, except in regard to any question on compliance with any procedural requirement in this Act governing such act or decision.’ This means you cannot challenge or question the alleged reasons or justifications as to why you have been arrested, detained or restricted indefinitely by DWT laws, only whether the proper procedure has been followed by the authorities.

Double Punishment for Crimes

Section 17 POCA states that, ‘Any registered person who is convicted of any offence committed after the date of the entry of his name on the Register under the provisions of any law specified in the Second Schedule shall be liable to imprisonment for a term of twice as long as the maximum term for which he would have been liable on conviction for that offence, and also to whipping.’ This includes some offences under Penal Code, Societies Act and other laws.

Thus, for example, for the Section 323 Penal Code offence of ‘…voluntarily causes hurt, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand ringgit or with both….’, the person whose name has been registered under POCA will be facing the risk of DOUBLE the sentence provided in law. Noting the fact that persons registered under POCA have literally have no way of challenging the reasons for the arrest, detention, restriction and even entry into the Register, it is most unjust and in violation of the principle in Article 8(1) of the Federal Constitution which states, ‘(1) All persons are equal before the law and entitled to the equal protection of the law.’ On conviction of a crime, everyone should be sentenced in accordance to the sentence provided in law for that crime. To be liable to higher or double sentence is simply unjust.  

Even If Celebrities Like Anwar, Kit Siang… No Longer Victims Of DWT – It Still Must Go

Even though, for some time now, since the abolition of the infamous Internal Security Act, no prominent persons like Karpal Singh, Anwar Ibrahim, Mat Sabu, Hadi Awang, Irene Xavier or Theresa Lim Chin Chin have been arrested, detained or restricted under DWT laws, many persons continue to be victims of these DWT laws and we cannot ignore the need to speedily repeal all DWT laws.

In March 2022, a member of the Crime Prevention Board (LPJ) under the Home Ministry revealed that from April 2014 until March 10 2022, action has been taken against 10,012 individuals using POCA. A total of 2,673 individuals were placed under the detention order while another 6,537 individuals under the surveillance order, and another 802 individuals were released. As of 28/2/2022, a total of 425 individuals are still placed under the detention order while another 2,166 individuals are still under surveillance order. (Star, 13/3/2022)

He also reportedly said that ‘…based on the 2021 statistics, a total of 1,190 people had action taken against them under Poca compared with 1,968 in 2020 in several areas including Simpang Renggam, Pokok Sena, Bentong and Bintulu. He said most of the cases involved drug-related crimes and criminal fraud through the Internet…’

In March 2023, a media report stated, ‘…On POCA, Saifuddin [Home Minister Saifuddin Nasution Ismail] said that 132 individuals were detained, of which 67 were Malays, 13 Chinese, 38 Indians, 13 of other races and one foreigner. He said those detained were between 19 and 59 years old…’(Star, 7/3/2023)

POCA, which was originally for violent crimes committed by triads and gangs, have since been amended and it can be applied broadly even for all penal code offences suspected to be committed by more than 1.

Resort To DWT Laws Easy for Law Enforcement to Avoid Duties to prove guilt?

In the recently disclosed 2019 Royal Commission of Inquiry Report On The Discovery Of Transit Camps And Graves At Wang Kelian, which confirmed the deaths of about 114 persons, it was stated that the before 2015, the police did not bring many cases to court for human trafficking prosecution, as POCA was used to take action against them.  This is possible as POCA now is so broad and can be used for a variety of crimes.

Hence, DWT laws can even be used to ‘protect’ even criminals, to deny victims of crime closure, and even the possibility of being compensated by convicted criminals.

How many murderers are under DWT laws, who if charged and convicted in court would face the death penalty if convicted – who now allows them to walk free after being detained for a couple of years?

Has the DWT laws caused law enforcement to get lazy, as they do not have to thoroughly investigate to be able to convince the court of the guilt of the accused if they elect to use POCA and other DWT laws.

Are there cases where bribes were involved to get law enforcement to use DWT, rather than go for a fair trial, where there may be a risk of other truths being revealed during trial, and the possibility of higher sentences for the guilty?

The guilt of any criminal must be proven in court, and only the courts must have the power to punish vide the sentences provided for the respective crimes in Malaysia.

Extrajudicial punishment imposed by the administration or any other administrative Boards must end. Only the courts and judges determine guilt, and should be the only ones allowed to impose punishment on a person convicted of a crime.

Noting that the next Parliamentary Session of the Malaysian Parliament will be on 22nd May - 15 June 2023, MADPET calls on the Malaysian Government to table the Bills that will lead to the abolition of Detention Without Trial Laws. The session thereafter will be in October, which is long way.

MADPET reiterates the call for a speedy repeal of SOSMA, Sedition Act, Societies Act and all other draconian laws.

 

Charles Hector

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

 





Eighty-three held under Poca from Jan 1-March 10

Nation
Sunday, 13 Mar 2022 4:50 PM MYT




KOTA BARU: A total of 83 individuals nationwide have been detained under the Prevention of Crime Act (Poca) 1959 from Jan 1 to March 10 this year.

A member of the Crime Prevention Board (LPJ) under the Home Ministry, Datuk Khalil Azlan Chik said from the figure, 12 were placed under the detention order while another 71 individuals were placed under the surveillance order.

He said LPJ received many case files for action either to issue a police detention order or a surveillance order against hardcore criminals who cannot be prosecuted by the courts due to certain problems.

"It is difficult to accuse a person in court without proof. However, there are testimonies about the involvement of individuals and their files have already been submitted.

"Action can only be taken after we have gone through the processes at Bukit Aman and the Attorney General’s Chambers (AGC).

“The enquiry officer would also have to meet the detainee before making recommendations to LPJ for further action,” he said to reporters after launching the Melor police station here.

Also present were Kelantan police chief Datuk Muhamad Zaki Harun and Kelantan Crime Prevention and Community Safety Department (JPJKK) head ACP Mit Emong.
Khalil said since Poca was introduced on April 2, 2014 until March 10, action has been taken against 10,012 individuals under the Act.

A total of 2,673 individuals were placed under the detention order while another 6,537 individuals under the surveillance order, and another 802 individuals were released.

As of Feb 28, a total of 425 individuals are still placed under the detention order while another 2,166 individuals are still under surveillance order.

This brings the total number of those who are still under detention and surveillance orders at 2,591 individuals.

"In Kelantan alone, there are a total of 127 individuals from outside the contingent registered under Poca placed in various police stations in this state,” he said.

Khalil said based on the 2021 statistics, a total of 1,190 people had action taken against them under Poca compared with 1,968 in 2020 in several areas including Simpang Renggam, Pokok Sena, Bentong and Bintulu.

He said most of the cases involved drug-related crimes and criminal fraud through the Internet.

"We also discovered that most of them are aged between 30 and 40. The youngest to date is an 18-year-old individual while the oldest is 73 years old.

"The purpose of the order is to initiate police-society collaboration to guide the individuals into becoming useful individuals. We hope after two years, they will be rehabilitated and released to their home states,” he added. - Bernama, Star - 13/3/2022



Hundreds held under Sosma, Poca and Pota last year

Nation
Tuesday, 07 Mar 2023




KUALA LUMPUR: A total of 624 individuals were detained under the Security Offences (Special Measures) Act (Sosma) last year, says Datuk Seri Saifuddin Nasution Ismail (pic).

The Home Minister added that 140 of these detainees had already been released.

“Of those detained, 71 were charged in court, 401 were punished, 140 were released and 12 are still under investigation,” he said in a written reply to a question by Chow Yu Hui (PH-Raub) in the Dewan Rakyat yesterday.

Chow had asked about the number of those detained under Sosma, as well as the breakdown of their race and ages.

He also enquired about the number of those detained under the Prevention of Crime Act (Poca) and the Prevention of Terrorism Act (Pota).

Last month, Saifuddin Nasution, in a written reply to RSN Rayer (PH-Jelutong), said Sosma was still a relevant law to maintain national security because it allows the police to take immediate action to defuse any threats to national sovereignty and harmony.

Repealing Sosma was not among the pledges in Pakatan Harapan’s GE15 election manifesto, though several DAP leaders had previously criticised Sosma as having draconian provisions.


Meanwhile, Saifuddin Nasution said those detained under Sosma last year were between 18 and 69 years old and included 247 Malays, 83 Chinese, 89 Indians, 47 of other races and 158 foreigners.

On Poca, Saifuddin said that 132 individuals were detained, of which 67 were Malays, 13 Chinese, 38 Indians, 13 of other races and one foreigner.

He said those detained were between 19 and 59 years old.

Poca, which was amended in 2015, is a preventative law to deal with criminals, particularly members of secret societies, terrorists and other undesirable persons.

Saifuddin Nasution said that only one individual, a Malay, was detained under Pota and is currently under a detention order.

Pota, which was passed in April 2015, allowed authorities to take action against Malaysians suspected of being involved with the Islamic State or other terrorist organisations.

To a written question by Datuk Wan Saiful Wan Jan (PN-Tasek Gelugor), Saifuddin said that as of Jan 30 this year, 195 individuals were detained under Sosma and are currently undergoing trial.

Of this total, 46 were for smuggling and human trafficking, two for terrorism and 147 for organised crime under the Penal Code.  - Star, 7/3/2023

Tuesday, April 11, 2023

Senate passed mandatory abolition Bills, now up to King and Minister? Call on the King to speedily give his Royal Assent to the Bills abolishing Mandatory Death Penalty and Imprisonment for Natural Life, and thereafter for the Minister to put it into force these Acts without any delay

Media Statement – 12/4/2023

Call on the King to speedily give his Royal Assent to the Bills abolishing Mandatory Death Penalty and Imprisonment for Natural Life, and thereafter for the Minister to put it into force these Acts without any delay

MADPET (Malaysians Against Death Penalty and Torture) welcomes the passing by the Malaysian Senate, the upper or other house of the Malaysian Parliament, on 11/4/2023 of the Abolition of Mandatory Death Penalty Bill 2023 and Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal Court) Bill 2023. The Dewan Rakyat(House of Representatives) of Parliament passed these Bills on 3/4/2023.

Time for the King to give his Royal Assent

After this, the King (Yang di-Pertuan Agong) will have to assent to the Bills. Article 66(4) states (4) The Yang di-Pertuan Agong shall within thirty days after a Bill is presented to him assent to the Bill by causing the Public Seal to be affixed thereto. However, if the King do not assent within the stipulated 30 days, then according to Article 66(4A) which states, “…(4A) If a Bill is not assented to by the Yang di-Pertuan Agong within the time specified in Clause (4), it shall become law at the expiration of the time specified in that Clause in the like manner as if he had assented thereto…’

Minister must not procrastinate in putting Acts in force

Even after the King has assented to the Bill, it will still not become law until it is published and put into force by the relevant Minister. Article 66(5) says ‘…A Bill shall become law on being assented to by the Yang di-Pertuan Agong or as provided in Clause (4A), but no law shall come into force until it has been published, without prejudice, however, to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect….’

MADPET asks the King to speedily assent to these Bills, and for the Minister to thereafter immediately cause it to be published and put into force.

The Abolition of Mandatory Death Penalty Bill 2023

The Abolition of Mandatory Death Penalty Bill 2023 abolishes mandatory death penalty and natural life imprisonment. Thereafter, for these death penalty offences, judges will have the discretion to sentence to death or sentence “imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes”.

The Bill also will also amend “imprisonment for natural life” with the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. These reasonably ends imprisonment until one die.

In Malaysia, the sentence of ‘Imprisonment for life’ is as stated in the Criminal Justice Act section which says, that “Where any person is treated as having been sentenced or is hereafter sentenced to imprisonment for life, such sentence shall be deemed for all purposes to be a sentence of imprisonment for thirty years;

Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal Court) Bill 2023

Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal Court) Bill 2023 will allow the Federal Court to review the sentence of death and imprisonment for natural life imposed on a convicted person following the abolition of the mandatory death penalty. This will benefit the about 840 of the 1,320 on death row, who have completed all appeals will have their death sentence reviewed by the Federal Court. Likewise, those that who have been sentenced to natural life imprisonment.

MADPET calls for the King (Yang di-Pertuan Agong) to speedily assent the said 2 Bills, being The Abolition of Mandatory Death Penalty Bill 2023 and the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction Of The Federal Court) Bill 2023;

MADPET calls for the Minister responsible, after getting Royal assent, to immediately publish and put the 2 Acts of Parliament into force.

Noting that the Bills, when it becomes Acts of Parliament, will not abolish the death penalty, MADPET reiterates its call for the abolition of the death penalty, and the continued moratorium on execution pending abolition.

MADPET also reiterate for the abolition of all forms of corporal punishment, including whipping.

Charles Hector

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

###

See earlier Media Statements of relevance.

Bills for Abolition Of Mandatory Death Penalty, Imprisonment For Natural Life And The Giving The Courts Power To Review Those Currently On Death Row Passed on 3/4/2023 - MADPET

Media Statement – 28/3/2023

Removing Mandatory Death Penalty And Mandatory Life Imprisonment Is Just, And Increases Chances That Those Who Ordered Or ‘Paid’ For Death Will No Longer Escape Justice

 

Media Statement – 22/3/2023

Delay In The Abolition Of The Mandatory Death Penalty And The Death Penalty By The PH-Led Government Disappointing

Table and pass the Bills in this Parliamentary Session (13/2 – 4/4/2023)

 

Ramkarpal: Death penalty not proven as best preventive measure for serious crimes

Ramkarpal: Death penalty not proven as best preventive measure for serious crimes
Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh speaks during a Parliament sitting in Kuala Lumpur April 11, 2023. — Bernama pic



KUALA LUMPUR, April 11 — The Abolition of Mandatory Death Penalty Bill 2023 would not necessarily lead to an increase in serious crime cases, the Dewan Negara was told today.

Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh said crime rates were not solely dependent on heavy punishment, and there was no study to show that death penalty was the best measure to prevent crimes.

“Before this, a committee led by a former Chief Justice had conducted a study on this issue and found that the deterrent effect is not as what was told. There are many factors that can affect crime rates, such as economic, social and psychological.

“Crime rates also depend on the effectiveness of law enforcement, the public’s understanding of the effects of crime and also the opportunity to commit a crime,” he said when winding up the debate on the bill.

The bill was passed without amendments by majority voice vote after a debate by 17 senators.

Ramkarpal said the bill was an ‘omnibus’ act as it included amendments to the Penal Code, Firearms (Increased Penalties) Act 1971, Arms Act 1960, Kidnapping Act 1961, Dangerous Drugs Act 1952, Strategic Trade Act 2010 and Criminal Procedure Code.

The House also approved the Death Penalty and Life Imprisonment Review (Federal Court Provisional Jurisdiction) Bill 2023 after it was debated by 12 senators.

The bill aims to empower the Federal Court to review the death penalty and life sentence of inmates following the abolishment of the mandatory death penalty. — Bernama, Malay Mail, 11/4/2023