Archive for the 'Security' Category

14
Mar
17

IGP praised for speedy probe on Jong-nam’s murder, but not 1MDB

IGP praised for speedy probe on Jong-nam’s murder, but not 1MDB

Inspector-general of police Khalid Abu Bakar has been pressed on when the police would complete their probe on a battery of 1MDB-related reports lodged against Malaysian Official 1, attorney-general Mohamed Apandi Ali and Parliament speaker Pandikar Amin Mulia.

“Congratulations and well done to Khalid for steering… (the investigation into) Kim’s death, (which) is now in court.

“The 16 days it took from the murder to the charging of the two foreigners on March 1 shows police could complete its probe within 16 days,” said lawyer Mohd Haniff Khatri Abdulla, who represented former premier Dr Mahathir Mohamad in a number of cases, in a Facebook posting.

Haniff was referring to the Feb 13 assassination of Kim Jong-nam, the estranged half-brother to North Korean leader Kim Jong-un, at the low-cost terminal of Kuala Lumpur International Airport (KLIA2).

“However, I would like to remind Khalid there are various reports since 2014 where probes have not been completed regarding 1MDB,” he added.

This included the identity of MO1 as revealed by the United States Department of Justice, and Apandi for not taking action on the investigation papers filed by the Malaysian Anti-Corruption Commission (MACC).

Haniff reminded Khalid the police reports filed by former Batu Kawan Umno division vice-chief Khairuddin Abu Hassan in December 2014 in relation to the 1MDB scandal.

He added that following the DOJ action in the California courts in the US, multiple reports were also lodged nationwide last July.

In November last year, Khairuddin made a police report against Pandikar for allegedly derailing parliamentary democracy.

Pandikar had at a press conference said three former ministers may have broken several laws when they brought up the 1MDB issue while debating Budget 2017 in the Dewan Rakyat.

Last January, Parti Pribumi Bersatu Malaysia Anina Saadudin lodged a report over the alleged dual identity of Jho Low @ Eric Tan following Singapore’s court evidence on the transfer of 1MDB funds to Tanore Finance Corporation and Falcon Private Bank Switzerland.

“Aren’t the issues raised in the reports of public interest which contributed to the present social and economic problems that have a bigger impact to Malaysians compared to Kim’s death,” he posed further.

“Till today … there are no official announcements made by the police on whether investigations to these matters have been completed or the investigation papers are with the AG for further action.

…more
IGP praised for speedy probe on Jong-nam’s murder, but not 1MDB
4 Mar 2017 – Malaysiakini

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08
Feb
17

Rafizi claims bankrupt Felda Wellness Corp lost RM155m

Rafizi claims bankrupt Felda unit lost RM155m

KUALA LUMPUR, Jan 24 – A subsidiary of the Federal Land Development Authority (Felda), which is now bankrupt, lost RM155 million in just over two years of operations, Opposition lawmaker Rafizi Ramli alleged today.

The PKR MP for Pandan said Felda Wellness Corporation (FWC) was declared bankrupt by a Malaysian court last year over unpaid debts to an Australian pharmaceutical company called Gordagen Pharmaceuticals.

According to a Companies Commission of Malaysia (CCM) document, FWC closed over its inability to repay the A$652,083 (RM2.1 million) debt to the Australian firm, but has RM155 million in accumulated losses, and RM154 million in debt to other creditors.

“How will Felda settlers feel about some top people in the management spending RM155 million in just two and a half years?” Rafizi asked during a press conference here.

According to a media release issued by Gordagen last year, FWC had refused to pay “genuine and admitted” debts leading to the firm pursuing a bankruptcy filing for FWC in Malaysian courts.

FWC was wound up by the High Court here in March 2016.

In its statement, Gordagen also claimed that the debts over its services include a contractual agreement that funds sourced by FWC was going to be used to pay the living expenses of a certain Athirah Sufi, who is the daughter of Muhammad Sufi Mahbub, who is the Felda Group deputy director general.

Recently, Johor Baru MP Tan Sri Shahrir Samad was appointed as the new Felda chairman and subsequently admitted that Felda has “leakages.”

Rafizi also said that if the government does not show willingness to fight corruption, officers within Felda will perpetuate the culture as well.

…more
Rafizi claims bankrupt Felda unit lost RM155m
January 24, 2017 – MMO

24
Dec
16

Suhakam says security laws being used to suppress political dissent

Suhakam says security laws being used to suppress political dissent

KUALA LUMPUR, Dec 10 — The Human Rights Commission of Malaysia (Suhakam) said today it is concerned that security laws such as the Security Offences (Special Measures) Act 2012 (Sosma) is being used for non-terrorism purposes and to suppress political dissent.

In a statement in conjunction with World Human Rights Day, Suhakam chairman Tan Sri Razali Ismail stressed that Malaysians should not arrested and detained for exercising their right to freedom of expression.

“In its short lifespan, security laws, in particular the Security Offences (Special Measures) Act 2012 (SOSMA) has been applied for non-terrorism purposes. For this reason, Suhakam is concerned that preventive detention, terrorism and security laws are being used to suppress freedom of expression and political dissent,” he said.

“Suhakam is particularly concerned that although preventive detention is a rare exception, in practice it may become a rule, and used for purposes other than what it was enacted for,” Razali added.

The government has said that Sosma does not apply to acts of terrorism alone and has a wide definition, and that it may be applicable to anything which disturbs national security and sovereignty.

Police detained Bersih 2.0 chairman Maria Chin Abdullah on November 18 under Section 124C of the Penal Code that criminalises the attempt to commit activities detrimental to parliamentary democracy, and invoked the Security Offences (Special Measures) Act 2012, allowing them to hold her without trial for up to 28 days.

She was released on November 28, after being held for 11 days.

…more
Suhakam says security laws being used to suppress political dissent
December 10, 2016 – MMO

21
Dec
16

UN experts call on Malaysia to stop targeting human rights defenders under national security legislation

UN experts call on Malaysia to stop targeting human rights defenders under national security legislation

GENEVA – Malaysia must protect all of its human rights defenders instead of targeting them under national security legislation, said today a group of United Nations human rights experts*.

Their call comes after weeks of heightened pressure on BERSIH 2.0 – a coalition of civil society organizations campaigning for clean and fair elections – and the organizers of the Bersih 5 rally, held in three cities across Malaysia on 19 November 2016.

“We are particularly concerned at the arrest of Maria Chin Abdullah, the Chairperson of BERSIH 2.0, on 18 November 2016 and her subsequent detention under the Security Offences Special Measures Act 2012 (SOSMA),” the experts said.

SOSMA specifically states that no individual will be arrested under the law for ‘political activity’ or ‘belief’ and that its use is strictly restricted to matters pertaining to public order and national security.

“Although Ms. Chin Abdullah has now been released, the detention of a prominent woman human rights defender under SOSMA sets a troubling precedent, by suggesting that democratic participation can be a threat to national security,” they cautioned. “Her arrest will clearly have a chilling effect on civil society participation”.

Ms. Chin Abdullah, who was the first peaceful activist to be detained under SOSMA, has also been subject to a series of death threats since last October, along with her sons, as well as fellow human rights defenders Ambiga Sreenevasan and Mandeep Singh.

“We urge the authorities to investigate these deeply worrying threats thoroughly and without delay, and bring the perpetrators to justice,” the experts said. “Human rights defenders play a crucial role in any democratic society and their work should be respected and protected.”

In another worrying development, noted by the experts, the office of Persatuan Kesedaran Komuniti Selangor (EMPOWER) – an organisation working with women and youth in the areas of political participation and civil liberties – was raided by the police on 28 November 2016 as part of an investigation under SOSMA. Ms. Chin Abdullah was the former executive director of EMPOWER.

In both cases, SOSMA was used in conjunction with article 124C of the Penal Code, which covers activities ‘detrimental to parliamentary democracy’ and is punishable by up to 15 years’ imprisonment. Under SOSMA, detainees can be held up to 28 days without judicial scrutiny.

The experts also expressed concern that the police summoned civil society activists close to Ms. Chin Abdullah for interrogation, reportedly to provide evidence against her.

Reacting to allegations that the detention of Ms. Chin Abdullah might be related to the receipt of foreign funding by BERSIH 2.0, the experts stated: “We are dismayed at these allegations and wish to remind the Government of Malaysia that the ability to receive human, material and financial resources from domestic, foreign and international sources is a vital part of the right to freedom of association.”

“The allegation that an organization might have received foreign funding in the past is not a legitimate ground to arrest and detain a human rights defender exercising her rights to freedom of expression, peaceful assembly and association,” they stressed.

The experts expressed further concern by the Government’s portrayal of the work of BERSIH 2.0 as ‘political’. “Human rights work is not a means to attain political power,” they said. “Calling for a free, fair and transparent election system not only complies with international human rights law, but also benefits society at large, not a particular party or candidate. Arresting and harassing members of such a movement, on the other hand, appears unequivocally ‘political’,” they further stressed.

Finally, Special Rapporteurs Kiai and Kaye recalled their pending requests to visit Malaysia, sent in 2011 and 2013, and 2014 respectively. “We hope the Government will respond positively to these long-standing requests, with a view to ensuring that the State’s legislation and practices comply with international human rights norms and standards”, the experts concluded.

(*) The experts: the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Mr. Maina Kiai; the UN Special Rapporteur on the situation of human rights defenders, Mr. Michel Forst; the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Mr. David Kaye; and the Chairperson-Rapporteur of the Working Group on the issue of discrimination against women in law and in practice, Ms. Alda Facio.

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UN experts call on Malaysia to stop targeting human rights defenders under national security legislation
Dec 09 2016

20
Oct
16

Muhyiddin attacks Najib’s silence on Red Shirts

Muhyiddin attacks Najib’s silence on Red Shirts

He says Umno president giving tacit support to Jamal’s ‘racist and rude’ group and hurting race relations.

PETALING JAYA: Umno president Najib Razak was accused today of giving tacit support to the controversial Red Shirt movement with his lack of criticism of their activities.

Parti Pribumi Bersatu Malaysia president Muhyiddin Yassin said Najib’s silence on the “racist and rude Red Shirts” had contributed to the seemingly increasingly strained race relations in Malaysia.

“I would like to state that up till today, Najib Razak has never condemned the Red Shirts,” said Muhyiddin in a press statement today.

Muhyiddin criticised recent remarks by Najib who placed former prime minister Mahathir Mohamad and ex-opposition leader Anwar Ibrahim at the centre of fraying racial relations.

“(It) is a wild accusation, one that is totally baseless and highly hypocritical,” said Muhyiddin, a former Umno deputy president and former deputy prime minister.

“Does Najib not realise that the seemingly increasingly strained racial relations in this country is due to his tacit support for the racist and rude Red Shirts? In fact, Jamal himself has confessed to the media that most members of the Red Shirts are members of Umno,” Muhyiddin said.

Muhyiddin said that the consistently aggressive and racist approach of the Red Shirts went against traditional Malay etiquette and culture, especially given the group’s claim to defend Malay rights.

He said Najib should have ordered Jamal and the Red Shirts to stop provoking and attacking supporters of the Bersih reform group who, he said, were committed to making the Malaysian electoral system more transparent and fair.

On Saturday, some members of a group of about 20 anti-Bersih protesters on motorcycles harrassed and manhandled three reporters and a videographer covering a Bersih road convoy in the Kuala Selangor area.

The anti-Bersih protesters were dressed in red. However, it was not known if they were members of Jamal’s movement.

Previous Bersih convoys in other areas have come under harassment from the pro-Umno Red Shirts and Jamal has said he would organise a counter-demonstration in Kuala Lumpur if the Bersih 5 street rally is held on Nov 19.

…more
Muhyiddin attacks Najib’s silence on Red Shirts
October 16, 2016 – FMT

18
Jun
16

NSC Act 2016 in violation of the Federal Constitution

NSC Act 2016 in violation of the Federal Constitution — Puthan Perumal

JUNE 14 — Article 38(2) of the Federal Constitution authorises the Conference of Rulers to, amongst others, deliberate on questions of national policy (for example changes in immigration policy) and any other matter that it thinks fit.

Article 38(3) of the Federal Constitution states that when the conference deliberates on matters of national policy, the Yang di-Pertuan Agong is accompanied by the prime minister and the rulers and governors are accompanied by their menteris besar and chief ministers, respectively.

This means that when the conference is deliberating on ‘any other matter that it thinks fit’ (as stated in Article 38(2)), they can do so on their own and in their wisdom.

The words ‘any other matter that it thinks fit’ suggest that the conference is empowered to deliberate on a myriad of circumstances which in their wisdom seems important to the country as a whole. This myriad of circumstances is never closed. In my opinion, it should definitely include a deliberation on whether a particular bill ought to be assented to or not.

Deliberate means to engage in long and careful consideration.

On Feb 17, the Conference of Rulers asked that the NSC Bill, which would give the National Security Council headed by the prime minister emergency-like powers, be refined.

However, according to the national gazette, the NSC Bill was automatically granted assent the following day, on Feb 18, under Article 66(4A) of the Federal Constitution.

According to Article 66 Clause (4A), if a Bill is not assented to by the Yang di-Pertuan Agong within 30 days, it shall become law at the expiration of the 30 days in the like manner as if the Yang di-Pertuan Agong had assented to it.

Assent could be express or implied.

Article 66 (4A), in my opinion, would seem to denote that there is an implied assent at the end of the 30 days.

Even if that is true, that argument would only be applicable if there was silence on the part of the Agong at the end of the 30 days in relation to a particular bill for which the assent was sought.

If there is an express dissent, then the machinery of implied assent can never work, for obvious reasons.

When the Conference of Rulers asks for a bill to be refined, that in my opinion is a clear dissent of that bill.

I would think that when the Conference of Rulers are voicing out, they are doing so together with the Yang di-Pertuan Agong.

This is because I was reminded that the Conference of Rulers on their own cannot defeat a legislation except for legislation within the purview of Article 2 (b) and Article 159 (5) of the Federal Constitution.

In the circumstances, it is my humble opinion that the NSC Act 2016 is in violation of Article 66 of the Federal Constitution, and ought to be struck down, or the NSC Bill be sent back to be reviewed.

…more
NSC Act 2016 in violation of the Federal Constitution — Puthan Perumal
June 14, 2016 – MMO

13
Jun
16

NSC Act a leap to dictatorship

NSC Act a leap to dictatorship, groups say

KUALA LUMPUR, June 9 — Human rights groups criticised today the gazetting of the National Security Council (NSC) Act 2016 that they said would lead to a “dictatorship” and a “military police state”.

The #TakNakDiktator coalition, which represents nine groups, also questioned why the government ignored the concerns raised by the Conference of Rulers, especially since the law directly impinged on the Yang di-Pertuan Agong’s powers, by gazetting the NSC Act as law on Tuesday without express royal assent.

“The NSC law represents a leap towards a dictatorship and a military police state with little or no safeguards,” said #TakNakDiktator coalition spokesman Datuk Ambiga Sreenevasan in a statement.

“The NSC law represents an extremely dangerous step for Malaysia as it concentrates extraordinary powers in the PM and the NSC. No person or entity should have such absolute and unfettered powers. Concentration of power leads to abuse, particularly in times of political crisis,” she added.

The NSC Act 2016, which grants the government emergency powers, was gazetted under Article 66(4A) of the Federal Constitution which states that a Bill will automatically become law and will be considered to have received assent from the Yang di-Pertuan Agong, even if he does not expressly give his approval within 30 days after it has been presented to him.

Ambiga said the NSC Act was “clearly unconstitutional” and a “grave abuse of power”.

“Malaysia does not need such a law which goes against all principles of democracy and undermines the rule of law in the country.

“In this exercise, this government has behaved as if they are accountable to no-one, neither the Rulers nor the people. The fact that there were no amendments to the Bill is proof of this. If this is not a dictatorship, then what is?” said the former Malaysian Bar president.

The #TakNakDiktator coalition comprises Amnesty International Malaysia, Bersih, the Centre to Combat Corruption and Cronyism (C4), the National Human Rights Society (Hakam), Pertubuhan Ikram Malaysia (Ikram), Institut Rakyat, Lawyers for Liberty, Persatuan Promosi Hak Asasi Malaysia (Proham) and Suara Rakyat Malaysia (Suaram).

The NSC Act proposes to allow the National Security Council — which would be chaired by the prime minister — to take command of the country’s security forces and impose strict policing of areas deemed to face security risks.

According to the Act, the jurisdiction of the NSC takes effect once the prime minister designates a location as a “security area” — a status that is valid for six months at a time, subject to renewal by the prime minister.

Once the NSC takes control of a security area, security forces will have the right to search or arrest without warrant any individual “found committing, alleged to have committed, or reasonably suspected of having committed any offence under written laws in the security area”.

Malaysia’s three law associations — the Malaysian Bar, the Advocates’ Association of Sarawak and the Sabah Law Association — said last January that for the government to hold emergency powers without the need to declare emergency under Article 150 of the Federal Constitution, it would have usurped the authority assigned to the Yang di-Pertuan Agong.

…more
NSC Act a leap to dictatorship, groups say
June 9, 2016 – MMO




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We cannot afford ridiculously expensive RM55 Billion ECRL!
All that is necessary
for the triumph of evil
is for good men
to do nothing.

- Edmund Burke
When the people
fears their government,
there is TYRANNY;
when the government
fears the people,
there is LIBERTY.

- Thomas Jefferson
Do you hear the people sing?

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