MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.
End U-Turns and Apologetics to
justify not repealing Sedition Act 1948 and
Section 233 of the Communications and Multimedia Act 1998
Respect one’s democratic right to disagree
with or expose suspected wrongs of PM Anwar’s
PH-led government
MADPET(Malaysians Against Death Penalty and Torture) is appalled that
the Prime Minister Anwar Ibrahim’s Pakatan Harapan led coalition government
have taken the position of not repealing the draconian Sedition Act 1948and Section 233 of the Communications and
Multimedia Act 1998 (Act 588), and plans tostrengthen the enforcement of these laws.
On 7/11/2023, the National Unity Minister Aaron Ago Dagang was reported
also saying that ‘ the government believes that the Sedition Act and the
Communications and Multimedia Act are sufficient to deal with issues related to
race, religion, and royalty (3R), and that it is not necessary to enact or
introduce a new law.’(Malay Mail, 7/11/2023). What happened to the July position
of limiting usage to protect royal institution?
Is this yet another back-tracking
of the assurance given by Anwar and the Cabinet in July 2023 that its continued
usage will be confined to matters concerning royal institution.
Of course, no one will forget the PH’s promise before elections to
repeal Sedition Act, and other draconian provisions and laws - all of are now ‘Janji Tidak DiTepati’(Promises
not kept).
Promise To Limit Usage To Royal Institution Lies?
In July 2023, the Malaysian Cabinet and Prime Minister Anwar Ibrahim
indicated that the Sedition Act will only be applied to provocations towards
the royal institution. (CNA 26/7/2023) Anwar said that “Yes. From a policy
perspective, we avoid using the Sedition Act, except when this touches on the position of the Rulers.’
(Malay Mail, 18/7/2023)
It was again all talk and till today there has been no concrete action.
A good government will act speedily – and not simply make ‘promises’.
Till today, there is still no
moratorium on the usage of this draconian Act, that would have made it clear that it cannot anymore be used
for any other reason but for sedition tendencies under ‘Section 3(1)(a) to
bring into hatred or contempt or to excite disaffection against any Ruler…’,
whereby "Ruler", as defined by the actmeans the Yang di-Pertuan Agong or the Ruler
or Yang di- Pertua Negeri of any State in Malaysia.’
And, on 16/10/2023, it was reported that Kean Wong, the editor of the
controversial book titled “Rebirth: Reformasi, Resistance, And Hope in New
Malaysia” was arrested and investigated for Sedition by the police. (FMT,
16/10/2023). Earlier, on 4/9/2023, it was reported that ‘PAS president Abdul
Hadi Awang is being investigated for sedition over comments he made about the
authority of the pardons board, Bukit Aman revealed.’ (FMT).
On 7/11/2023, police submitted to the prosecution investigation papers
on statementsKedah
Chief Minister Sanusi and State Assemblyman Shahril Azman allegedly made before
the recent Pelangai state by-election in Bentong offences, amongst others,
under Sedition Act 1948 and Section 233 of the Communications and Multimedia
Act 1998.
It is changed now in November, because now National Unity Minister is
not talking about limiting or confining usage to matters of the royal
institution.
It criminalizes actions/word that causes seditious tendencies, which may ‘bring into hatred or contempt or to excite
disaffection against’ the Ruler, government, administration of justice or
generally ‘raise discontent or disaffection’. Truth, valid opinion or suspicion
is no defence, as the crime is about ‘tendencies’ only.
It is not at all suitable for a democratic nation like Malaysia, where
freedom of speech, expression and opinion is an essential key element.
Highlighting of wrongs, violation of rights or abuses of power committed by
anyone is important, but then all these can be any offence under the Sedition
Act – thus making it a draconian law that should have been repealed long ago.
It is a law that protects the government of the day, and is easily
abused against Opposition politicians, human rights defenders, and even
‘whistleblowers’ who highlight alleged wrongs can be made a victim, even when
what is raised is the truth or a valid opinion.
When people raised the 1MDB and related corruption, Sedition Act could
have been used as it may cause seditious tendencies, in that it ‘bring into
hatred or contempt or to excite disaffection against’ the government, the Prime
Minister and others in government all of whom were appointed by the King. Now,
these have been proven true – but it still would be a crime under Sedition Act.
For against other race/religion crimes, we do not need the Sedition Act,
as these are already laws that deal with them, like 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.
If needed, other crimes with specific wrongdoings stated can be incorporated in
the Penal Code or other laws. Sedition Act 1948, a law from our British
Colonial times, must be repealed.
Why Section 233 of the Communications
and Multimedia Act 1998 must be repealed?
If what Anwar
Ibrahim or Lim Kit Siang says something ‘false, menacing or offensive ‘that ANNOYS
me, it should not be a crime, but Section 233 makes it so. That is why
Section 233
makes any communication over the internet, being ‘…any comment, request,
suggestion or other communication which is obscene, indecent, false, menacing
or offensive in character with intent to annoy, abuse, threaten or harass
another person. …’ an offence.
‘…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.
It is sad
that when PH-led coalition came into power, Malaysians feel that nothing has
changed as not only are the draconian laws retained and used, but now also
being justified. Reasons like the police need it to fight against crime are
excuses that no good Prime Minister and government will use to preserve and
enhance powers of unjust laws.
MADPET calls on Prime Minister Anwar Ibrahim and the PH-led coalition to
be committed to justice and immediately repeal the Sedition Act, the draconian
Section 233 of the Communications and Multimedia Act 1998 and all other
draconian legislations;
MADPET calls for the respect of true democracy, including the freedoms
of speech, expression and opinion, freedom of the press and human rights.
Charles Hector
(For and on Behalf of MADPET (Malaysians
Against Death Penalty and Torture)
Other human rights groups have also called for the repeal of section 233..
Section 233 of the Communications and
Multimedia Act 1998
Section 233 makes any
communication over the internet, being ‘…any comment, request, suggestion or
other communication which is obscene, indecent, false, menacing or offensive in
character with intent to annoy, abuse, threaten or harass another person. …’ an offence.
‘…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....
...MADPET also call for the immediate
announcement of the discontinuation of further action against all persons currently
being investigated under the Sedition Act, Section 233 of the
Communications and Multimedia Act 1998 and/or other similar draconian
legislations....
MADPET calls on Malaysia to
immediately repeal the Sedition Act, and also such sections in any law that is
against freedom of expression and opinion like Section 233 of the Communications and
Multimedia Act 1998; There is really no justification to delay and/pr
procrastinate the repeal of bad laws on grounds like ‘further study and review’,
an excuse often advanced by the past government that Malaysians voted out. ... - MADPET media statement 16/7/2018
Abolish Detention Without Trial Law To
Prove That PM Anwar Ibrahim Led-Government Is Truly Committed To Justice, Human
Rights And Rule Of Law
If someone commits a crime, then arrest, detain, charge them and give
them a Fair Trial
On 27th October,the Malaysian
Day for the Abolition of the Detention Without Trial Laws, we recall the infamous abuse of Detention
Without Trial(DWT) laws in Malaysia when on 27/10/1987, about 106 persons from
all walks of life, including human rights defenders(HRDs), politicians( like Mohamad
Sabu, Khalid Samad, Lim Guan Eng, Lim Kit Siang and late Karpal Singh),
academics, worker rights activist, women HRDs and others were arrested and
detained under the Internal Security Act 1960(ISA).
ISA abolished but Detention Without
Trial laws became worse after that
2 of these DWT laws, being the ISA and the Emergency
(Public Order and Crimes Prevention) Ordinance 1969 has since been abolished
around 2012 thanks to amongst others, public protest and campaign. However, one
DWT law remained to this day being the Dangerous Drugs
Act (Special Preventive Measures) 1985.
The scope of DWT laws now in Malaysia is now so
much broader, and allows the administration to arrest, and then detain
indefinitely, or impose restrictions indefinitely on anyone without according the
fundamental right to a fair trial – hence, the victims are unconvicted innocent persons, and as such it is in
violation of the legal principle of presumption of innocence until proven
guilty.
One must not be swayed by the names of any
given DWT law, as they all can be used against anyone, irrespective of whether
they were involved in terrorism, serious crimes or drug offences. After all,
there is no way to verify what the police or government alleges, as victims are
not accorded a trial, and they cannot even apply for a Judicial Review to
confirm the validity of the ‘reasons’ given by the authorities to take action
under any specific DWT law.
Right to Fair Trial Denied
Article 11(1) United Nations Declaration of
Human Rights states ‘Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a public trial at
which he has had all the guarantees necessary for his defence.’
In Malaysia, the police or other law enforcement
can arrest persons as suspects who may have committed a crime and can only
detain for no longer than 24 hours for purposes of investigation only.
Article 5(4) of the Federal Constitution
states, that ‘Where a person is arrested
and not released he shall without unreasonable delay, and in any case within twenty-four hours
(excluding the time of any necessary journey) be produced before a magistrate
and shall not be further detained in custody without the magistrate’s authority…’
The reason for this is that it is foolish to blindly
trust the police or the government, and hence the need for a remand application
and order by the Magistrate for any further detention beyond 24 hours.
The suspect has a right to be heard at remand
hearings, and the Magistrate determines whether there really is a need for any further
detention for the purpose of investigation, not any other purpose. The
Magistrate determines whether the law is being complied with by the police,
that there is no torture or any other wrong doing by the police.
If satisfied of the need for further remand,
then and only then will the Magistrate
gives a remand order, and today‘(a) if
the offence which is being investigated is punishable with imprisonment of less
than fourteen years, the detention shall not be more than four days on the
first application and shall not be more than three days on the second
application; or (b) if the offence which is being investigated is punishable
with death or imprisonment of fourteen years or more, the detention shall not
be more than seven days on the first application and shall not be more than
seven days on the second application…’(Section 117(2) Criminal Procedure Code)
DWT laws usurp judicial role of
Magistrate in Remand Hearings
However, under DWT laws like POCA for example,
when brought before the Magistrate, there is no real remand hearing, and the right
of the suspect to be heard is denied. Before the magistrate, ‘Section 4(1)(a) POCA
states, that ‘…on production of a statement in writing signed by a police
officer not below the rank of Inspector stating that there are grounds for
believing that the name of that person should be entered on the Register,
remand the person in police custody for a period of twenty-one days’.
After 21 days, to extend remand for another 38
days remand, all that is required is the production of ‘4(2)(i) a statement in
writing signed by the Public Prosecutor stating that in his opinion
sufficient evidence exists to justify the holding of an inquiry ….’ and‘(ii) a statement in writing signed by a
police officer not below the rank of Assistant Superintendent stating that
it is intended to hold an inquiry…’
Judicial authority and discretion of the Magistrate
in remand application hearings is removed, so there can be no consideration as
to whether the police has abused their powers or broken laws, and whether
further detention is really needed at all.
The Magistrate has no choice on production police
statements of belief but to order remand for 21 days. Even in the face of
obvious evidence of torture or abuse, the Magistrate can do nothing about it.
Right to Judicial Review of reasons justifying detention/restrictions denied
In criminal matters, after the remand, the suspect
will be charged in court and accorded a fair trial before an independent judge,
but in DWT laws, there is no charge and no trial. After a criminal trial, if
dissatisfied, you may appeal to higher courts, and in Malaysia, there is a right
of 2 appeals – but in DWT laws, there is no trial and no right of 2 appeals.
Whereas, with DWT laws, the decision is made by
a Board/Minister NOT Courts and Judges.
In fact DWT laws do specifically deny the right
to challenge the REASONS the government use to detain/restrict you. You can
only challenge the procedure – whether the steps taken as required by law that
lead to the Board’s decision was complied with.
15B(1) states ‘ (1) 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.’
It is absurd as in Malaysia, generally all
Minister’s and even the Prime Minister’s decisions are subject to judicial
review, so there is no justification why the decisions of the Board/Minister
under DWT laws are excluded?
Right to Habeas Corpus denied
Article 5(2) Federal Constitution states, ‘Where
complaint is made to a High Court or any judge thereof that a person is being
unlawfully detained the court shall inquire into the complaint and, unless
satisfied that the detention is lawful, shall order him to be produced before
the court and release him.’ – this is commonly known as the habeas corpus application, but the DWT
laws does not allow any such application, which is in clear violation of the Article
5(2) constitutional guarantee.
Inconsistent with the just principles
of the administration of criminal justice
In short, DWT is in conflict with standards,
norms and principles of the administration of criminal justice in Malaysia. Thus,
anyone, even the innocent, can be arrested, detained and even restricted for as
long as the government decides without any Fair Trial, Right of Appeal or any
recourse to court to challenge the reasons for his/her loss of liberty.
Easy for Police as No Need to Prove
Guilt – Miscarriage of Justice?
DWT laws do not require the police/prosecutor
to even obtain evidence or sufficient evidence to prove to the Board/Minister or
court that a person has committed a crime beyond reasonable doubt. Are our
police/prosecution not competent enough to go to court and prove that he/she is
guilty of a crime?
‘Punishment’ for acts that may not be
a criminal offence in Malaysia
In fact, there seem to be no need to even state the specific offence one under DWT
laws is being ‘punished’ for. Hence, is it not in violation of the principle
that no one can be arrested, detained
or ‘punished’ for something that is not even a legally recognized criminal
offence in Malaysia.
It violates Article 7(1) Federal Constitution,
which states ‘(1) No person shall be punished for an act or omission which was
not punishable by law when it was done or made, and no person shall suffer
greater punishment for an offence than was prescribed by law at the time it was
committed.’ An offence must be clear and precise, and stipulates the sentence
if convicted. It cannot be vague and general.
No DEFINITE period of ‘punishment’ – Grossly
Unjust
In the administration of criminal justice, on
conviction, one is sentenced to a definite
period of imprisonment, or other punishment. But, with DWT laws, there
is nothing definite about the period
of detention or restrictions, for it is indefinite.
In terms of Detention. ‘a detention order for a
period not exceeding two years, and may renew any such detention order for a
further period not exceeding two years at a time, if it is satisfied that such
detention is necessary.’.
Another example is police supervision orders,
where again it can be ‘… any period not exceeding five years if the Board is
satisfied that it is necessary… and may renew any such order for a further
period not exceeding five years at a time…’
Hence, for DWT the loss of liberty, by reason of
detention and other restriction is NOT DEFINITE ..and goes on so long as deemed
necessary, and this is a serious injustice, more so for persons denied a Fair
Trial and who have never been found guilty by court. A person is a victim – not
a convicted criminal when DWT laws are used.
DWT laws is a tool of oppression of unjust governments that allows them to arrest, detain
and restrict anyone, without the right to a fair trial, and without the ability
to go for Judicial Review. The question now is whether this current Pakatan
Harapan led-government of Prime Minister Anwar Ibrahim is a government that is
committed to justice and the Rule of Law will speedily repeal detention without
trial laws or not.
It is true that prominent politicians, human
rights defenders and persons have not become victims of these DWT laws for some
time, but the fact is that many persons in Malaysia continue to be victims of
this draconian law. In March 2023, the Minister revealed that 132 were detained
under POCA, but no disclosure of the numbers detained under POTA or the DD(SPM)A.
Neither was there disclosure as to how many were confined like the people of
Gaza to a town or District, or those under other restrictions/conditions under
DWT laws.(Star, 7/3/2023)
So, is the government committed to justice for
ALL, or will it simply be a hypocrite and retain these draconian laws. It is
sad that some Members of Parliament (MPs) and politicians today absurdly
believe that DWT laws and other draconian laws are still needed for the police
to curb crime.
MADPET (Malaysians Against
Death Penalty And Torture) reiterates the call for the abolition of all
Detention Without Trial Laws including Prevention of Terrorism Act 2015 (POTA),
Prevention of Crime Act 1959 (POCA) and Dangerous Drugs Act (Special Preventive
Measures) 1985.
MADPET calls for the
immediate and unconditional release of all victims of DWT laws that are
currently detained, restricted and under police supervision. If they really committed
any criminal offence, then charge them in court and accord them a fair trial.
MADPET also calls for
the repeal of the draconian Security Offences (Special Measures) Act 2012 (SOSMA),
which is not a Detention Without Trial law, as persons arrested for SOSMA
listed offences will be charged and tried in court.
Charles
Hector
For
and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Hundreds held under Sosma, Poca and Pota last year
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
Stop publicly suggesting women/persons
are involved in ‘immorality’ or crimes, and do publicly clear their names/reputation
when found to be innocent
Amend law to require Search/Raid Court Warrants before Raids, and No
more arbitrary Urine Tests without court orders
When women are arrested, and the media reports
that it was a ‘anti-prostitution’ or against ‘GROs’ raid or crackdown, the impression
that many will naturally get is that these women are sex criminals or women of
bad character, which maybe in fact totally FALSE for they may simply be innocent
women frequenting an entertainment outlet who were wrongly arrested.
Worse, if the media report carries photos or
Video images. Why did the police provide information to the media, knowing very
well that these women may have not committed any crimes whatsoever? Presumption
of innocence until the court (not the police) finds them guilty.
Their image or reputation is not even partially
cleared or restored because the media or the police often fail to make any
follow-up statements/reports as to what happened to these women arrested, or
that they have been found innocent. We also see almost no reports of women
charged for any of these crimes.
End prejudice and actions promoting prejudice
against women, including women from certain specific countries, who are found
to be in certain business facilities in Malaysia when police raid and arrest
people.
If the business is illegal, then action must be
taken against the owners of such businesses, but not against workers and other patrons
of the business.
Raids and arrest of
persons in ‘entertainment’ outlets
There has been numerous media reports of
foreign women being arrested and detained during raids at certain premises, which causes the perception
that they maybe involved in a prostitution ring, or working as ‘illegal’ GROs -
but then they may just be innocent tourists
or migrant workers enjoying a night out.
In June, ‘Sixty-four foreign women were
detained after authorities busted a prostitution ring operation.’(Star,19/6/2023).
In July, ‘…the police have arrested 84 foreign women believed to be working as
“guest relations officers” (GROs) in a raid on an entertainment centre in Bukit
Bintang on Sunday.( FMT, 25/7/2023). In September, it was reported that ‘..the
police have arrested 24 foreign and local individuals for providing guest relations
officers (GRO) services in a raid on two entertainment centres in Cheras.(FMT,
19/9/2023)
Absence Of Follow-Up
News Prolongs Prejudice
There is thereafter almost no news whether
these women are being charged in court, accorded a fair trial and convicted, or
alternatively that they are innocent. Why is that?
If they committed a crime, they would have been
charged in court and tried. If they were victims of trafficking, they would be
accorded protection as victims.
The fact that there is no follow-up news raises the possibility that innocent
persons are wrongly arrested, maybe even defamed making one wonder as to the ‘real
reasons’ for these raids and the reasons behind law enforcement’s act of informing
the media.
Is it merely to show that the police is
actively doing their job?
Maybe the Home Minister must explain these
raids, as the arresting and detaining tourists or even migrant workers do cause
injustice in terms of spoiling their holiday or impacting their
employment/business.
207 Foreign Nationals
arrested – GROs and being in entertainment outlets?
Recently, on 16/10/2023, Bernama (Malaysian
National News Agency) reported that the police had detained 207 foreign
nationals in raids carried out at six entertainment outlets in Kuala Lumpur,
Selangor and Johor between 12-15 October.Amongst them the foreigners nabbed,
were Thai, Laotian and Vietnamese women, aged between 19 and 51. In one raid, a
total of 73 foreign nationals, aged between 20 and 44, believed to be working
as guest relations officers (GRO) were detained during a raid in Serdang,
Tourist’s holiday in Malaysia is affected, if
one is arrested and detained for a period. Social visit passes may expire in
detention making one undocumented. You may miss your flights too. Noting
language difficulty of foreign nationals and unfamiliarity with the law and
legal procedures, injustice can happen. The worry is that even if brought to
court, although innocent the poor and/or foreign nationals may plead guilty
simply to be able to get back to their home country speedily.
Make search warrants
mandatory – Judge ensures no abuse.
One thing that was lacking in this recent national
news agency report was the mention of what
exactly were the suspected crimes that led to these police raids and
arrest by the Bukit Aman CID Anti-Vice, Gambling and Secret Societies Division
(D7) in one case.
Was it a raid that happened on the basis ‘raid, arrest and hope that some in there will have committed drug
or immigration crimes or other crimes’?
‘Police do not need a warrant to do a premises
search if the case they are investigating involves an arrestable offence, says
Penang police chief Comm Datuk Mohd Shuhaily Mohd Zain(Star,
14/7/2021).This is wrong, and it can lead to abuse of
power by the police. The law must change.
MADPET(Malaysians Against Death Penalty and
Torture) calls for an amendment of the law so that it is MANDATORY for the police to get Search Warrantsissued by Judges before any raids, to also prevent abuse
of power.
Police raids also can be because of ‘corruption’ – the ‘kaw-tim or
settle culture’ – where after arrested, a payment can result in release, end of
investigation and no prosecution.
Police raids reasonably benefits competitors in the same or similar
businesses. If places are subjected to police raids, where the patrons are also
arrested, detained and even subjected to urine tests, then many customers will
simply avoid such establishments.
ONLY those ‘controlled’ by foreigners
raided? – Discrimination?
The raids were allegedly on ‘…entertainment outlets ‘controlled’ by
foreigners…’, which hints of discrimination. It certainly is not illegal in
Malaysia for businesses to be owned and run by foreigners, fully or partially.
Even in Malaysian owned businesses, many are run and even managed by
foreigners.
One wonders whether similar raids and arrest
will happen in the clubs and entertainment outlets frequented by the rich or
the upper classes? Will there be same treatment by the police? Remember, Art.
8(1) Constitutional guarantee that ‘All persons are equal before the law and
entitled to the equal protection of the law’.
Why Bukit Aman – not
Local Police or Local Council Enforcement Officers?
The premises mentioned in the 16/10/2023 report
were in operation for ‘for three months to one year’, and this raises the
presumption that they are all legally registered business premises. The local
government is the relevant authority that grants permission and even
advertisement for any business premises in their area of governance, including these
entertainment outlets.
The question that arises is why the relevant
Local Government enforcement officers did not act?
Why the Bukit Aman police, and not the local
police that did the raid? Was it so because there was concern of ‘corruption’ related to the raided premises
involving the local police, or Local Government (Council) staff and officers?
Will corrupt officers inform the premises in advance of raids? Will MACC
investigate?
The said Bernama report made no allegation that
any of the foreign nationals were found to be illegally in Malaysia, and as
such, one may assume that they all had the relevant social visit visa,
employment or business visas.
GROs is not illegal work – it is a
legal job/work?
Guest
Relations Officer (GRO) is not an illegal job, so the government, police and media must be
careful not to demean this occupation.
In entertainment outlets like restaurants,
bars, spas and entertainment places, just like in other small consumer
dependent businesses, the idea is to be good to customers so that they will
come again, and thus the work of frontline staff and even GROs. If the customer
requests your company for a certain duration for a fee, it is legitimate work,
and there is nothing illegal whatsoever the rate is for time spent.
One must also note customers at entertainment outlets
also meet ‘strangers’ and spend some time interacting. So, were these women
even ‘GROs’ or were they simply fellow patrons, or persons visiting friends?
It must be noted that in Malaysia, prostitution
is against the law when ‘…a female offering her body for promiscuous sexual intercourse for hire’is an offence, is a crime. So, if there is no
issue of hiring for ‘sexual intercourse’, it is no crime.
MADPET (Malaysians
Against Death Penalty and Torture) calls on the government, including the
police or law enforcement to stop arrest and detention of arbitrary women or
persons, including foreign nationals, save when there are real reasonable
suspicion that the particular person/s has committed a crime;
MADPET calls for an
end of defamatory practices particularly affecting the reputation of women,
including issuing/making of statements and/or providing pictures to the media which
creates perception that women that are arrested maybe involved in immoral or
illegal work or crime. The presumption of innocence until found guilty in court
must be recognized and practiced.
MADPET calls for a full
disclosure as to what happened to the persons arrested in these raids, as to
whether investigation revealed them innocent, or whether they were charged in
court. A public apology in the media is one just means to attempt to correct
the wrong public perception generated. They may simply be innocent victims
(including women) having committed no immoral illegal acts;
MADPET calls for laws
to be amended to require a Search/Arrest/Raid Warrant issued by Judges,
before any such raids of premises are conducted, where Judges will evaluate to
see whether there is sufficient evidence to justify a police search/raid/arrest.
To leave it to the police to do as they please have risks, and even possible
abuse of power.
MADPET calls for the recognition
of the RIGHT for a person to deny Urine/Blood Tests and taking of other
bodily samples.A court order should
be a pre-requisite. There must be reasonable suspicion, not simply fact that
one is found in any particular premises during a raid, before urine samples can
be obtained.
MADPET also notes that
on 19/8/2023, 2 Deputy Public Prosecutors(DPPs) and 15 cops arrested in
entertainment outlet, where urine tests was positive for all but one police
officer. On 11/10/2023, it was reported that ‘investigation paper regarding a
senior officer and 14 policemen arrested during a raid at an entertainment
outlet in Seremban last August has been referred to the deputy public
prosecutor (DPP) for further action.’(Sun),however there was no
mention about the 2 DPPs. Everyone is equal and should be accorded equal
treatment under the law. Charge them in court, and not simply use internal
disciplinary measures.
Charles
Hector
For
and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Police: Over 200 foreigners detained in raids on six entertainment outlets
Police
detained 207 foreign nationals in raids carried out at six
entertainment outlets in Kuala Lumpur, Selangor and Johor from Thursday
till yesterday. — Picture by Ahmad Zamzahuri
Monday, 16 Oct 2023 7:00 PM MYT
KUALA
LUMPUR, Oct 16 — Police detained 207 foreign nationals in raids carried
out at six entertainment outlets in Kuala Lumpur, Selangor and Johor
from Thursday (October 12) till yesterday.
Bukit Aman CID deputy
director (Investigation/Legislation) Datuk Rusdi Mohd Isa said the raids
on four premises in Kompleks Wilayah, Jalan Dang Wangi here yesterday
involved activities at entertainment outlets ‘controlled’ by foreigners.
According
to him, a total of 38 Bangladesh and Pakistan nationals were detained
in the four clubs which had been in operation for three months to one
year.
“The inspection (of these premises) found the manager,
assistant manager and workers at these entertainment outlets were
Bangladesh nationals while the customers were mostly Bangladeshis, with
10 locals,” he said in a press conference in Bukit Aman today.
Meanwhile,
a total of 96 foreign nationals were detained on Thursday in a separate
raid by the Bukit Aman CID Anti-Vice, Gambling and Secret Societies
Division (D7) in Taman Tampoi Indah, Johor Bahru.
Rusdi said among the foreigners nabbed, were Thai, Laotian and Vietnamese women, aged between 19 and 51.
Meanwhile,
a total of 73 foreign nationals, aged between 20 and 44, believed to be
working as guest relations officers (GRO) were detained during a raid
in Serdang, Selangor on Saturday.
“Investigations
revealed that the entertainment outlet had an open pub concept and
karaoke centre offering rooms from RM800 to RM2,000, and a GRO package
of RM100 per hour per person as well as ‘flower necklace’ tip payments
of between RM50 and RM500.
“Urine tests carried out found eight
local men and seven women positive for ketamine. We also arrested two
local men who worked as bouncers (at the premises) and are believed to
be involved in secret society activities,” he added. — Bernama, Malay Mail, 16/10/2023
84 foreign GROs detained in Bukit Bintang entertainment centre raid
KUALA
LUMPUR: Eighty four foreign women believed to be guest relations
officers (GRO) were arrested in a police raid at an entertainment centre
in Dang Wangi on Sunday.
The women aged between 18 to 46 were detained in a raid by the
Anti-Vice, Gambling and Secret Societies Division (D7) from Bukit Aman's
Criminal Investigation Department at 1.10 am in Bukit Bintang.
Nine Malaysians aged 31 to 45 comprising the entertainment centre's
manager, cashiers and employees were also taken into custody.
- Pic courtesy of police
Inspector-General of Police Tan Sri Razarudin Husain said in a
statement today that the entertainment centre did not possess a valid
licence for its operations and misused a restaurant license issued by
Kuala Lumpur City Hall.
He said police conducted a urine test 336 customers, 22 Malaysians
GROs , 84 foreign GRO and found that six of the guests at the centre
were positive for methamphetamine and ketamin abuse.
"The premises provided 17 karaoke rooms with a package starting from RM3,800 to RM25,000.
- Pic courtesy of police
"The package included foreign and local GROs at the request of customers based on the rates."
During the raid, a number of items were seized including RM13,682.
All items will be transported to the Dang Wangi district police for
further investigation.
- Pic courtesy of police
"We will take action against any entertainment centre which conduct
illegal activities such as hiring foreign GROs, vice and distribution
and usage of drugs on the premises," he said.- NST, 25/7/2023
Cops crack down on operations using ‘foreign mummies’ for GRO services
Police nab 24 foreign and local individuals in raids on two entertainment centres.
Police say the premises are located among shophouses and equipped with CCTV cameras.
PETALING JAYA: The police have arrested 24 foreign and local
individuals for providing guest relations officers (GRO) services in a
raid on two entertainment centres in Cheras.
Bukit Aman’s criminal investigation department (CID) said the
suspects used foreign agents, or “mummies”, to attract customers, who
are predominantly foreigners, Sinar Harian reported.
The entertainment centres were also found to be operating without licences during the raids on Thursday, he said.
“Investigations found that both the raided premises employed
‘mummies’, or foreign women, to assist customers in obtaining the GRO
services,” the CID was quoted as saying in a statement.“They also sold garlands which customers could ‘gift’ to selected
GROs, and payment ranging from RM100 to RM1,000 could be made directly
to the chosen women.”
The report said the premises were located among shophouses and equipped with closed-circuit television (CCTV) cameras.- FMT, 17/9/2023
Penang chief cop: No search warrant needed when investigating arrestable offence
GEORGE TOWN:
Police do not need a warrant to do a premises search if the case they
are investigating involves an arrestable offence, says Penang police
chief Comm Datuk Mohd Shuhaily Mohd Zain.
Comm Mohd
Shuhaily was commenting on a case where a woman refused to allow a group
of policemen in plain clothes to enter her apartment because she did
not believe they were real police officers.
Videos of the incident had gone viral on social media and messaging apps.
In
the incident, the woman did not allow the team who identified
themselves as policemen from Nilai commercial crime unit and Penang's
Dato Keramat police station, who were conducting a raid under Ops
Pelican on July 12 at about 11pm.
Comm Mohd Shuhaily said premises owners have the right to decide who they will allow into their house.
"However,
police also have rights if the case they are investigating involves an
arrestable offence, and a raid can be conducted without a warrant," he
said in a press conference at the Penang police headquarters on
Wednesday (July 14).
When asked if police would take action
against the woman in the video, Comm Mohd Shuhaily said she cooperated
after she was eventually convinced that the group were indeed policemen.
"If she had not cooperated, action under Section 186 of the Penal Code could have been taken against her," he said.
In
the videos, taken from the woman's perspective behind a closed grille
door, a group of at least seven policemen wearing plain clothes is seen
asking her to cooperate and allow them into her apartment for an
inspection.
Only one of the men is seen wearing a yellow vest with the letters "PDRM" on it.
The woman says that she does not believe that they are policemen and that she cannot let them in.
She also tells them she is afraid to open the door, as it is late and there are children in the unit.
She appears to be livestreaming the video and asks for help and advice from her friends on social media.
The men then tell her to call 999 for confirmation as they have been waiting for hours.
They also threatened to cut the padlock to the unit to gain entry but eventually decided against it. - Star, 14/7/2021
SEREMBAN:
The investigation paper regarding a senior officer and 14 policemen
arrested during a raid at an entertainment outlet in Seremban last
August has been referred to the deputy public prosecutor (DPP) for
further action.
Negeri Sembilan police
chief Datuk Ahmad Dzaffir Mohd Yussof said the urine test results of the
personnel involved yielded a mix of positive and negative outcomes, as
per the pathology report received.
“The
investigation paper has been referred to the DPP and there are still
some instructions that need to be acted upon...the police are currently
updating the probe,” he told reporters after launching the Amanita
adopted neighbourhood (taman angkat) here yesterday.
Ahmad
Dzaffir also said that the date for the prosecution is yet to be
determined and all individuals involved are still suspended from duty
pending the completion of the investigation.
The media previously reported that 15 police personnel along with a DPP and a court registrar were nabbed during the raid.
Earlier,
Ahmad Dzaffir in his speech said that Amanita or the Peace Lady squad
is an initiative by the Royal Malaysia Police to combat crimes in
residential areas by engaging housewives in neighbourhood safety.
“The
role of women is considered crucial in efforts to prevent and combat
crimes, as 70 per cent of women in this country are homemakers.
“Therefore,
society needs to change the mentality of not caring about other’s
affairs to be aware of what is happening around, especially concerning
universal security,” he said. - Bernama, The Sun Daily, 11/10/2023
According
to police sources, a 2.30am raid was mounted by the Bukit Aman JIPS
team this morning at a karaoke centre at Wisma Punca Emas, Seremban. -
File pic
KUALA
LUMPUR: Fifteen policemen and two deputy public prosecutors were
arrested in a raid on an entertainment outlet in Seremban, Negri
Sembilan, by the Integrity and Standards Compliance Department (JIPS)
from Bukit Aman early this morning.
According to police sources, a 2.30am raid was mounted by the Bukit
Aman JIPS team this morning at a karaoke centre at Wisma Punca Emas,
Seremban.
Following a urine drug test, it was found that 14 out of the 15
police officers including a senior police officer had failed the urine
tests.
The two deputy public prosecutors had also failed the urine test.
The New Straits Times has contacted the Negri Sembilan police chief
Datuk Ahmad Dzaffir Mohd Yussof and Bukit Aman JIPS director Datuk Seri
Azri Ahmad for confirmation. - NST, 19/8/2023
Malaysia must SUE, not protect,
Malaysian companies overseas that is responsible for hazardous haze people in
Malaysia suffers
Tort of Nuisance and other legal means already there – no need to wait
for any new laws
Recently, the Natural Resources, Environment
and Climate Change Minister Nik Nazmi Nik Ahmad indicated that Malaysian
companies operating overseas, including in Indonesia, may be contributing to
transboundary haze, which all in Malaysia now suffer from.
“We have reminded plantation companies
operating in neighboring countries that we will
not defend them if they are involved in open burning (especially) in
Indonesia,” the Natural Resources, Environment and Climate Change Minister said
during Ministers' Question Time in the Dewan Rakyat on Thursday (Oct 12).(Star)
Haze Affects
Health/Environment And Cost The Government
In a 2014 study that ‘…assessed the economic value
of health impacts of transboundary smoke haze pollution in Kuala Lumpur and
adjacent areas in the state of Selangor, Malaysia. Daily inpatient data from
2005, 2006, 2008, and 2009 for 14 haze-related illnesses were collected from
four hospitals. …A smoke haze occurrence was associated with an increase in
inpatient cases by 2.4 per 10,000 populations each year, representing an
increase of 31 percent from normal days. The average annual economic loss due to the inpatient health
impact of haze was valued at MYR273,000 ($91,000 USD)….’ – Abstract from
research by Jamal Othmen and 3 Ors.
Today, in 2023 we are still faced with the haze
problem, and possibly the economic loss suffered is much greater. Then, there
is also to health issues suffered by
individuals and their family, and this loss is yet to be computed, as it could
also include loss of personal income, cost of healthcare and even unnecessary
impacts to person’s health which could be long-term too. Then, there is an
impact to the environment.
Why is Malaysia not
taking legal action against companies? Will Not Defend Position Inadequate
It is good that Malaysia will not defend
Malaysian companies responsible for the haze Malaysians are suffering from, but the question is WHY is Malaysia NOT
taking legal action against these companies who by their action/omission is
affecting Malaysian peoples’ health, environment and even our right of quiet
enjoyment of our land.
Tort Of Nuisance Is
Possible Cause Of Action Against Companies
Malaysian government can sue on behalf of all
in Malaysia for public nuisance, or assist private persons to sue. One possible
cause of action is the tort of nuisance, be it public nuisance or private
nuisance
Public nuisance arises when the action or
activities by the perpetrators interfere
with the comfort and convenience of public within a particular community. It is
sufficient to show that there is a class of people from that community who have
suffered the consequences of the said nuisance
Private Nuisance is "doing on his own land
something which he is lawfully entitled to do. His conduct only becomes a nuisance when the consequences of his acts are not
confined to his own land but extend to the land of his neighbour by: (1)
causing an encroachment on his neighbour's land, when it closely resembles
trespass; (2) causing physical damage to his neighbour's land or building or
works or vegetation upon it; or (3) unduly interfering with his neighbour in the comfortable and convenient
enjoyment of his land.", as stated by then Court of Appeal Judge
Mary Lim[i].
Here, in the case of private nuisance, it does not matter whether if what the
preparator is doing is LEGAL or not – but the fact that the consequence of what
he is doing is spilling over and affecting lives of people in other lands, just
like HAZE or smoke from burnings.
Use the Courts Against
Perpetrators – Companies/Individuals
There is remedy in law against the actual
perpetrators that have affected our air quality by their actions/ommission,
which have affected the health and even the environment of the people of
Malaysia.
We can commence legal action even if the
perpetrators do it in a neighbouring country, like Indonesia.
As such, Malaysia must immediately sue the
Companies responsible, its Directors, relevant officers and maybe also majority
shareholders, without even having to commence any legal action against
Indonesia. Are any of these government-linked companies(GLCs)?
Indonesia Not Willing
To Cooperate Irrelevant For Legal Action Against Perpetrators
It is ignorant for Minister Nik Nazmi to say ‘“As
it involves the sovereignty of a neighbouring country and if they are not
willing to cooperate, we will not be able to enforce the law,”(Star, 11/10/2023).
There are ways of taking action against any other sovereign nation.
With or without a Transboundary Act in place,
Malaysia directly and/or through persons in Malaysia can already commence
required legal action against companies who are responsible for the fires in
Indonesia that is causing the haze problems.
The legal action can be commenced in Malaysia,
or even in Indonesia. It is not necessary to even add the Indonesian government
as a party as you can just sue the companies or persons responsible.
Commence Action in
Malaysian Courts or Indonesian Courts
After all, we are suffering the consequence,
being the poor air quality that is also causing health issues in Malaysia. It
is absurd to even suggest that Malaysia or Malaysians cannot take action because
the companies or their actions that result in fire that causes haze are in
Indonesia.
Legal action can be commenced in the Malaysian
Courts, and if needed also in the Indonesian courts.
Besides tort actions, other actions even
criminal proceedings are also possible options especially when the perpetrators
are Malaysian companies, Malaysian Directors or shareholders. The ultimate
responsibility for actions/omissions of any company lies with the shareholders.
Malaysian Government
Resources Needed for Anti-Haze Legal Actions
Malaysian government has the needed resources for investigation and
evidence gathering even overseas, and they can use it to identify companies that caused the fire or burnings that may
also have spread causing forest fires in Indonesia. Malaysia can find needed evidence to show that the haze we suffer in
Malaysia is linked to a company’s action/omission. The government also can
get evidence to show the link between
haze and diseases/medical conditions or even to the environment.
For an individual alone to do this, it may be
onerous but with the government’s
assistance, including the Ministry of Natural Resources, Environment and
Climate Change, it becomes a possibility for Malaysia (representing the
people) or private individuals (with the assistance of the government) to be
able to take legal action to get justice.
Besides compensation, an important remedy in a
court action could be an injunctions to get these companies, usually plantation
companies, to stop open burning or even to impose conditions to prevent haze if
burning is to be done.
Sue the
Directors/Managers/Shareholders Not Just the Company
When actions are taken against companies,
including Malaysian companies, the Directors, Manager, officers and even
shareholders ought to be made parties and sued. It should not matter if they
are government-linked entities/persons.
Prioritize People over
Profits
Malaysia must prioritize the well being of all
in Malaysia over profits/income of corporations, even if they are Malaysian
companies.
Blaming Indonesia or other countries has so far
sadly been the approach generally taken by Malaysia, but Malaysia really must
act now against the companies or persons that caused the fires by their
action/omission, which may have even caused forest fires that caused this haze.
MADPET (Malaysians Against Death Penalty and
Torture) calls for action now against all who caused this haze and air quality
problem that is also affecting our health and the environment.
Our comfort, our right to good health and the
right to enjoy a clean and safe environment has been affected.
Charles
Hector
For
and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
[i]
CIVIL APPEAL NO: B-02(NCVC)(W)-1163-06/2017]10 JULY 2019
Govt will not defend Malaysian companies contributing to the haze
By RAGANANTHINI VETHASALAM, MARTIN CARVALHO, ARFA YUNUS and MAHADHIR MONIHULDIN Nation
Thursday, 12 Oct 2023 12:18 PM MYT KUALA LUMPUR: The government will not defend Malaysian companies operating overseas which contribute to transboundary haze, says Nik Nazmi Nik Ahmad.
“We
have reminded plantation companies operating in neighbouring countries
that we will not defend them if they are involved in open burning
(especially) in Indonesia,” the Natural Resources, Environment and
Climate Change Minister said during Ministers' Question Time in the
Dewan Rakyat on Thursday (Oct 12).
Nik Nazmi said his
ministry and the Foreign Ministry had submitted a diplomatic note to the
Indonesian government informing Jakarta of the haze situation in
Malaysia and the intention to work together on operations to put out
fires at affected areas.
Nik Nazmi said the transboundary haze issue cannot be resolved solely through the enactment of laws or by pointing fingers.
“We
have to admit that aside from Malaysia, Indonesia too had taken steps
to address the issue of burning at plantations and peat fires in the
past few years, through a presidential decree and other measures,” he
said.
He said there were several impediments to enacting
transboundary laws such as coordinates, location, and the details of
landowners and companies operating in the affected areas. “As it
involves the sovereignty of a neighbouring country and if they are not
willing to cooperate, we will not be able to enforce the law,” he said.
He said while Singapore has a Transboundary Act in place, it has not been successful when it comes to mounting legal charges.
“We
will adopt the diplomatic approach and also (seek) technical and
scientific cooperation under the Asean Agreement on Transboundary Haze
Pollution (AATHP).
“This agreement (has) existed since 2002 and Malaysia was among the first nations to sign,” he said.
Moving
forward, Nik Nazmi said Asean member states must work towards improving
the AATHP to combat the cross-boundary haze situation affecting the
region.
He said under the current Asean agreement there are no
provisions for punitive action to be initiated against companies or
countries which induce haze.
“This is a constraint we have under the current framework,” he said.
Nik
Nazmi was responding to a question from Datuk Idris Ahmad (PN-Bagan
Serai) on whether or not existing Acts suffice in terms of enforcement
against neighbouring countries.
The annual haze which results from forest fires in Indonesia has been a bone of contention in the region for several years.
Every
dry season, the region is covered in smog due to smoke from fires in
Indonesia. These fires are usually from land clearing for oil palm and
other plantations.
Indonesian Environment and Forestry Minister
Siti Nurbaya Bakar said on Oct 6 that forest fires in some parts of
Sumatra and Kalimantan had declined with no haze detected moving to
Malaysia.
Her remarks came after Nik Nazmi said in a recent
interview with Reuters that he had asked his Indonesian counterpart to
address the haze as air quality in the country was worsening, saying
haze should not be a new normal. - Star, 12/10/2023
