The death of civil liberties

MAY 16 — Though the government has said much about the repeal of the infamous Internal Security Act, little has been said to explain how its so-called replacement, the Security Offences (Special Measures) Bill (SOA), will impact on our lives.

Even less has been said about the bill tabled to amend the Penal Code that went hand in hand with the SOA. I think there was a reason for this.

To say that the two bills are draconian would be a gross understatement. They brutally curtail the constitutional freedom of Malaysians to dissent. It seems that we have been made the victims of a sleight of hand.

While we were being distracted by the song and dance that attended the termination of the ISA, Parliament was being harnessed to diabolical purpose. The passing of the two bills has sounded the death knell of civil liberties.

I am not given to hyperbole. The facts speak for themselves.

The SOA is more a procedural instrument. It puts in place the legal framework for the investigation and prosecution of what are described as “security offences”. It allows for the kinds of invasive measures that we have come to understand are needed for governments to combat terrorism effectively. Government tells us that terrorism is the raison d’être of the legislation.

The SOA could arguably be justified on this basis, though I question the need for such extreme anti-terrorism legislation in light of our not having been subjected to terrorist attacks or even threats. Curiously, the preamble to the SOA states that action has been taken and further action is threatened by a body of persons both inside and outside Malaysia to cause organised violence against Malaysians, to excite disaffection against the Yang di-Pertuan Agong and to procure the alteration though unlawful means of legal institutions in the nation. This is news to me. These are matters of great significance to us; they suggest that we are virtually in a state of war or that we are in the midst of an insurgency.

The truth of the matter is that we have not been made the subject of such scurrilous action and we have not been threatened with such action. The bill recites this so the government can invoke a provision of the Federal Constitution, Article 149, that allows for Parliament to enact laws that contravene certain constitutional guarantees including those that prohibit detention without trial and guarantee a fair trial.

The SOA allows, amongst other things, detention without trial for 28 days and empowers the Attorney-General to take extraordinary measures including the interception of all forms of communication where he has reason to believe a Security Offence (this is explained below) has been committed.

We should not lose sight of the fact that the ISA was enacted under Article 149 to address the guerrilla insurgency we faced in the 1960s. I have been made to understand that the Opposition’s unwillingness to associate with an obvious untruth is one of the main reasons it does not support the bill.

The fact that government has resorted to Article 149 gives credence to suggestions that the ISA has merely been repackaged and that the government is not ready to give up the political advantages that such legislation gives it. As one minister has observed, there were abuses under the ISA and no law is beyond abuse.

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The death of civil liberties — Malik Imtiaz Sarwar
May 16, 2012 – TMI

Scorpenes deal: Najib’s US$1b ‘condition’

A document indicates that Najib, the then defence minister, sought a US$1billion ‘condition’ for a meeting between him and DCNI.

KUALA LUMPUR: Investigations by French prosecutors have found a document indicating that the then defence minister, Najib Tun Razak, had sought a US$1 billion “condition” for a meeting between him and DCNI, said rights group Suaram.

The US$1 billion was for Perimekar Sdn Bhd’s “stay in France”.

At a press conference today, Suaram — which is the complainant in an ongoing French judicial probe into the controversial Scorpene submarines deal — revealed contents from investigation papers which had been made available to the NGO.

“We were really shocked to find that one of the documents contained Najib’s name and (he) had placed a condition in writing in France, that DCNS (the shipbuilding company that sold the submarines to Malaysia) would need to pay a maximum sum of US$1 bilion to Perimekar for their stay in France,” said Suaram’s Cynthia Gabriel.

This, she said, was revealed in a note taxed from a representative from Thales International Asia (which brokered the deal on behalf of arms manufacturer DCNS — the parent company of DCNI — with Perimekar and the Malaysian government) Francois Dupont entitled “Malaysia/Submarine Project” to his bosses.

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Scorpenes deal: Najib’s US$1b ‘condition’
May 3, 2012 – FMT

Altantuya came to Malaysia to meet Najib, claims her father

PETALING JAYA, April 10 — Murdered Mongolian Altantuya Shaariibuu came to work in Malaysia to specifically meet Datuk Seri Najib Razak, her father has alleged.

Dr Setev Shaariibuu said today that when he asked his daughter a few years back the purpose of her trip to Malaysia, she said she had to “meet important people.”

“I asked her what was her purpose of travelling to Malaysia. She showed me a picture… taken in Paris. Three people were in it — Abdul Razak Baginda, Najib, and Altantuya.

“She said ‘I have to meet important people’, and pointed to Najib,” he told reporters, through Mongolian interpreter Tsoggerel Och.

Shaariibuu (picture) said he did not know who Najib was when he saw the photograph several years back.

“She told me she had something to decide with Najib. I told her it was not worth it but she went anyway.

“A lot of witnesses have seen this picture,” said a visibly-tired looking Shaariibuu.

The father of the murdered Mongolian woman has offered himself as a witness to the on-going Scorpene submarine sale probe by French authorities, claiming his daughter’s death was linked to the case.

Shaariibuu said today his testimony would be able to “connect the dots” between her death and the Scorpene case, and that he will say “what he knows at the right time.”

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Altantuya came to Malaysia to meet Najib, claims her father
April 10, 2012 – TMI

Bar Council to AG: Explain ‘no action’

The Bar Council, which played an active role in the RCI into Teoh Beng Hock’s death, has expressed disappointment with the decision to clear the three MACC officers implicated.

PETALING JAYA: The attorney-geeneral must clarify the decision to clear three Malaysian Anti-Corruption Commission (MACC) officers implicated in the death of former political aide Teoh Beng Hock by the Royal Commission of Inquiry (RCI).

Bar Council vice-president Christopher Leong said the A-G Abdul Gani Patail should also explain to the public in detail why such a decision was made.

“I note that the information came from Minister in the Prime Minister’s Department Nazri Abdul Aziz, perhaps the attorney-general himself can directly clarify the decision. Explain in more detail why the decision was made,” said Leong, who was the lead lawyer representing the Bar during the RCI.

“This is another disappointment in a long list of disappointments in this case; not only for the family of Teoh Beng Hock but also for all concerned members of the public,” he added.

Leong said that throughout the lengthy investigations by the RCI, there was “ample evidence” of illegal conduct by MACC officers, and action should have been taken.

“The RCI had uncovered ample evidence of wrongful and unlawful conduct on the part of the MACC officers. The findings of the RCI on such evidence are clear,” he added.

He said that even if the A-G was hesitant with charging the three men named for culpable homicide, at the very least there was enough evidence to bring about a case of giving false testimony in court and fabricating evidence to be used in court.

“The RCI found that the relevant MACC officers had lied to the RCI, or had fabricated evidence. At the minimum, these MACC officers should be charged under Section 191 or 192 of the Penal Code,” he added.

(Section 191 is the offence of “giving false evidence” while Section 192 deals with “fabricating false evidence”).

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Bar Council to AG: Explain ‘no action’
April 6, 2012 – FMT

WSJ: Najib ‘barely keeping up’ with political reform demands

KUALA LUMPUR, April 11— Prime Minister Datuk Seri Najib Razak is “barely keeping up” with reform demands despite promising to lead Malaysia into an era of fair political competition, the Wall Street Journal said today.

The influential daily said in an editorial today that while the Security Offences (Special Measures) Bill tabled yesterday represented “real progress”, it was still “too broad” and could be abused for political purposes.

It also noted that the Bill was only one of two laws meant to replace the Internal Security Act (ISA) and that a second Bill on racial hate laws that could prove to be even more contentious had yet to be tabled in Parliament.

“Since affirmative action policies favouring the Malay majority are a major political issue, will politicians be detained during key periods for criticising them or organising peaceful demonstrations?” the paper said.

“Mr Najib could have shown more sincerity and avoided these problems if he had allowed public consultation on the ISA reforms. Instead he has tabled this bill with the clear intention of passing it as quickly as possible.”

The WSJ also cited opposition claims that while the Najib administration had shied away from using the ISA in recent years, it had still used the Sedition Act against political opponents.

The prime minister’s introduction of the Peaceful Assembly Act and amendments to the Police Act to allow public assembly was also “only a slight improvement” on balance, it pointed out.

“Mr Najib raised expectations last year when he promised to lead Malaysia into a new era of free and fair political competition. So far he is barely keeping up with society’s demands for change,” the paper said.

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WSJ: Najib ‘barely keeping up’ with political reform demands
By Yow Hong Chieh
April 11, 2012

AG intentionally snubs Agong’s RCIs, says former senior cop

KUALA LUMPUR, April 6 — Datuk Mat Zain Ibrahim added today the purported snubbing of the Agong to the list of accusations he has levelled against Tan Sri Abdul Gani Patail after the Attorney-General (AG) refused to say if his office would prosecute three anti-graft officers who allegedly drove Teoh Beng Hock to suicide.

The royal commission of inquiry (RCI) into the DAP aide’s 2009 death had recommended that action be taken against then-Selangor MACC deputy director Hishammuddin Hashim, assistant enforcement office Arman Alies and assistant superintendent Mohd Ashraf Mohd Yunus.

But the country’s top lawyer instead told reporters yesterday the case has been referred back to the Malaysian Anti-Corruption Commission (MACC) after emerging from a meeting with de facto law minister Datuk Seri Nazri Aziz and MACC investigation chief Datuk Mustafar Ali.

Mat Zain, former city criminal investigations chief, pointed out in a letter sent to The Malaysian Insider that this was the second time Gani has failed to act on recommendations by an RCI.

The retired senior cop, who was the lead investigator in Datuk Seri Anwar Ibrahim’s 1998 “black eye” case, said Gani, who has been AG since 2002, also failed to act on a previous RCI in 2007 probing allegations that appointments of judges were fixed.

The panel had recommended action against senior lawyer Datuk VK Lingam, tycoon Tan Sri Vincent Tan, Umno secretary general Datuk Seri Tengku Adnan Tengku Mansor, former Chief Justices Tun Eusoff Chin and Tun Ahmad Fairuz Sheikh Abdul Halim as well as Tun Dr Mahathir Mohamad.

“What happened to the recommendations? Gani Patail doesn’t even care a damn about the RCI Commissioners nor has he any respect for them in spite of him knowing they were appointed by the Agong,” he wrote.

Mat Zain also said this was further cause for Datuk Seri Najib Razak to form a tribunal to investigate the various allegations of misconduct against the AG.

“In spite of the damage Gani Patail had done to the police’s image and credibility, I just cannot fathom how some of them are still willing to beg and kiss his feet, especially when knowing the sufferings he has caused, not just to the force but to the criminal justice system as a whole.

“The prime minister has no valid reasons to say no to a Tribunal. That is the only competent authority provided in the Constitution to adjudicate the conduct of the Attorney-General,” he said.

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AG intentionally snubs Agong’s RCIs, says former senior cop
April 06, 2012 – TMI

A-G playing the fool over Teoh’s death

KUALA LUMPUR, April 6 — The lawyer for Teoh Beng Hock’s family doubts they will be treated fairly by an Attorney-General who is “clearly playing the fool” by saying he “prosecutes without control over investigations.”

Gobind Singh Deo said in a statement sent to The Malaysian Insider that Tan Sri Abdul Gani Patail’s failure to state clearly if the three anti-graft officers who allegedly drove Teoh to suicide would be prosecuted was “highly irresponsible.”

Gobind asked why the matter was referred back to the MACC when it was the agency’s conduct which was being investigated to begin with. — File pic
“He is clearly playing the fool. The A-G’s stance that he ‘only charge’ and ‘not investigate’ makes no sense at all. What kind of A-G prosecutes only without control over investigations?

“If he didn’t investigate, why were his officers not only present but actively involved in both the inquest and RCI?” the Puchong MP said, referring to the royal commission of inquiry which recommended action be taken against the trio.

“Why is he referring the matter back to the Malaysian Anti-Corruption Commission (MACC) when it is their conduct which is being investigated to begin with? Isn’t this plain ridiculous? There is a conflict,” the DAP leader added.

Gani refused yesterday evening to clarify whether his office would prosecute then-Selangor MACC deputy director Hishammuddin Hashim, assistant enforcement officer Arman Alies and assistant superintendent Mohd Ashraf Mohd Yunus.

He only told reporters that “the case has been referred back to the MACC” after meeting de facto law minister Datuk Seri Nazri Aziz and MACC investigations chief Datuk Mustafar Ali.

“I only charge, not investigate. I don’t want to argue with you,” Gani said when asked about whether there was criminal wrongdoing by the graftbusters.

Gobind, however, said such a response “comes as no surprise” as recent accusations that Gani has repeatedly fabricated evidence “throws serious doubts over the A-G’s partiality.”

“It is somewhat a sorry state of affairs. We have a criminal justice system where the top decision-makers themselves have so many allegations against them. How can we, in these circumstances, expect fairness and results?” he said.

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A-G playing the fool over Teoh’s death, says family lawyer
April 06, 2012 – TMI

Criticism grows over ISA replacement’s threat to basic rights

KUALA LUMPUR, April 11 — Putrajaya’s law to replace the Internal Security Act (ISA) has met with growing criticism over claims that it persists in denying basic liberties, just hours after being tabled in Parliament.

Global civil liberties watchdog Human Rights Watch (HRW) said in a statement this morning the Security Offences (Special Measures) Bill 2012 will “open the door to a range of future abuses” if it is passed, as expected, by the ruling Barisan Nasional (BN).

DAP lawyer Gobind Singh Deo also added to criticism by his counterparts from the Bar Council who said yesterday the Bill must be reviewed as “counter-terrorism laws… must not usurp the very rights and freedoms that the terrorists themselves are threatening.”

HRW’s deputy Asia director Phil Robertson criticised the provision for a 28-day detention without judicial review and added that the delay of 48 hours before a suspect has access to a lawyer “encourages abusive interrogations.”

“The Malaysian government is putting to rest the long-derided ISA, but it is also setting the stage for future abuses,” he said.

Robertson added that the proposed law would allow police to make an arrest without a warrant if the officer merely “has reason to believe” that the person may be a security threat, and gives police broad powers to conduct searches and intercept communications without a warrant.

Gobind, who is also Puchong MP, noted that the police have “total unsupervised control over a suspect” during the 28-day detention and there is no good reason why a suspect cannot be brought before a judge during this time to ensure there is no physical or mental abuse on him.

The DAP central committee member also pointed out the Bill seeks to reintroduce the concept of confessions, which “has been done away with in most criminal trials as many accused have complained that statements were extracted from them during detention by improper means.”

“So, to revert back to an outdated practice would be highly questionable, especially where there will be no access to court during the first 28 days of detention during which time severe pressure would be brought to bear upon a suspect.

“What we have is essentially a trade-off. Take away ministerial power to detain without trial for two years and introduce new rules making it easier to secure convictions for offences carrying the heaviest of penalties,” he said.

The ISA replacement law was tabled in the Dewan Rakyat yesterday, removing the government’s option to detain individuals without trial and providing a maximum detention of 28 days for investigation purposes.

Under the ISA, an individual believed to have committed a security offence can be detained for up to two years without trial, on orders from the home minister.

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Criticism grows over ISA replacement’s threat to basic rights
April 11, 2012 – TMI

Gun Begins to Smoke in Malaysian Sub Scandal

Money may have been funneled to UMNO officials through Hong Kong incorporated company

French investigating magistrates probing the US$1.2 billion sale of submarines to the Malaysian Defense Ministry are targeting, among other things, a Hong Kong-based company called Terasasi (Hong Kong) Ltd., whose principal officers are Prime Minister Najib Tun Razak’s close friend and the friend’s father.

Investigators believe that at least some of the €36 million funneled through Terasasi ended up in the pockets of Najib, who was Malaysia’s defense minister and deputy prime minister when the two Scorpene submarines were purchased from Thales International or Thint Asia. The state-owned defense giant DCN, later known as DCNS, and Thales established a joint company named Armaris to manufacture the submarines in 2002.

The two Armaris Scorpenes, named for the first prime minister of Malaysia, Tunku Abdul Rahman, and Najib’s father, Tun Abdul Razak, are on duty in Malaysian waters.

Abdul Razak Baginda, the former head of a Malaysian think tank who was at the center of a 2006 investigation into the death of Mongolian translator and party girl Altantuya Shaariibuu, is listed as one of the two directors of the company, which was previously incorporated on June 28, 2002 as Kinabalu Advisory and Support Services Ltd according to the Hong Kong Companies Registry. The other director is Abdul Malim Baginda, Baginda’s father.

The Terasasi offices are located on the 19th floor of an office at 3 Lockhart Road in the Wan Chai district of Hong Kong. There is no indication in Hong Kong government records of what Terasasi’s business is. It is only listed as a “local company.” However, French authorities say Terasasi apparently received regular payments from Thint Asia. One payment was for €360,000 accompanied with a handwritten note saying “Razak wants it to be paid quickly.”

The magistrates have documents that show that the money was funneled from Thint Asia to Terasasi — €3 million of it when Terasasi was still domiciled in Malaysia, and €33 million after it was incorporated in Hong Kong. There is no indication at this point where the money went. French investigators, however, theorize that it was part of €146 million that may have been funneled to officials of the United Malays National Organization and Najib, who traveled with Abdul Razak Baginda several times to France as defense minister at the time the Malaysians purchased the submarines from DCNS.

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Gun Begins to Smoke in Malaysian Sub Scandal
Written by John Berthelsen
05 April 2012 – Asia Sentinel

Minister’s response to Copgate defies logic

Following Home Minister Hishammuddin Hussein’s mind boggling response in Parliament last night to opposition MP’s queries over the ‘Copgate’ affair, former top cop Ramli Yusuff said the Malaysian Anti-Corruption Commission (MACC) is not the right agency to conduct an independent investigation.

Describing Hishammuddin’s reply to the MPs as defying logic, Ramli (left) the former Commercial Crime Investigations Department director, told Malaysiakini the MACC was the very agency used by Attorney-General Abdul Gani Patail and former inspector general of police Musa Hassan to “fix” him and his men.

“It was the same agency whom I say worked hand in glove with Gani to tamper with police witnesses, circumvented police investigations and fabricated evidence.

“The MACC was also the agency that cleared Musa and Gani in many other allegations, including the attorney-general’s refusal to prosecute Tajudin Ramli or his (Gani’s) controversial haj trip with a proxy of Tajudin.

“How could the home minister make such a proposition, as if mocking the criminal justice system,” he said.

Yesterday, Hishammuddin (right) when questioned by three Pakatan Rakyat MPs, namely Gobind Singh Deo (DAP-Puchong), Mahfuz Omar (PAS-Pokok Sena) and Sivarasa Rasiah (PKR-Subang), had suggested that the complaints be channelled to the MACC.

Commenting on this further, Ramli said it was unfair for the home minister to claim “the proper agency to investigate is the MACC” because it involves a former IGP, and if the police investigate they (the opposition) will say it is not fair.

“I do not think anyone, including the opposition, will complain if an investigation is conducted independently, properly and fairly.

“Police investigators have always risen to the occasion when I was deputy director of CID and we investigated our own serving IGP Abdul Rahim Noor in the ‘black eye’ incident.

“If we can investigate objectively against a serving IGP, what more an ex-IGP?” he asked.

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Ramli: Minister’s response to Copgate defies logic
Mar 27, 2012 – Malaysiakini