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The draconian Sedition Act and Section 233 of the Communication and Multimedia Act, which ought to have been repealed, has been used again, and this time the victim is an Opposition party, Parti Pribumi Bersatu Malaysia (Bersatu)’s Badrul Hisham Shaharin, also known as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
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
