Suhakam lauds judiciary for Poca decision

Source: Malaysiakini

Tan Sri Razali Ismail, Chairman of the Human Rights Commission (Suhakam) — NST FIle pic

Razali Ismail, Chairman of the Human Rights Commission (Suhakam) — NST FIle pic

The Human Rights Commission of Malaysia (Suhakam) today praised the judiciary for ensuring that detention under the Prevention of Crime Act 1959 (Poca) follows due process.

This comes with the High Court in Kuala Lumpur declaring on Tuesday the remand of Malaysian Crime Watch Task Force (MyWatch) chairperson R Sri Sanjeevan under Act as null and void.

“In this case, the commission commends the judiciary for playing its crucial role in ensuring that detention under Poca follows due process,” Suhakam chairperson Razali Ismail said in a statement today.

Razali said Poca allows for detention without trial and denies an individual’s right to legal representation, which goes against internationally recognised human rights standards.

While effective laws are needed to combat crime and bring perpetrators to justice, they must be accompanied by stringent safeguards to prevent abuse of the law, he said. Read more

Court allows whistleblower to strike out Jamil Khir’s suit

Source: FMT News

KUALA LUMPUR: National Oversight and Whistleblowers (NOW) director, Akmal Nasir, is free from a lawsuit.

The High Court allowed Akmal on Thursday to strike out a lawsuit by Minister in the Prime Minister’s Department Jamil Khir Baharom. Akmal had reportedly claimed the latter abused public funds.

Akmal’s lawyer, Razlan Hadri Zulkifli, disclosed that Justice Nor Bee Ariffin found that the impugned statement by his client was a comment on Jamil’s conduct as a Minister.

“She (Justice Nor Bee) applied the case of Utusan Malaysia and Pahang Menteri Besar Adnan Yaacob,” he said. “The court awarded cost of RM3,000 to Akmal.”

Lawyer Adnan Seman, acting for Jamil, said he will seek instructions from his client on whether to appeal over the striking out.

Jamil, in charge of Islamic affairs, sued Akmal on November 19 last year. He claimed that Akmal had alleged that he abused his position as a Minister. Akmal had reportedly further alleged that Jamil had used the Islamic Economic Development Foundation (YaPEIM) funds for personal use. Read more

Bopim hails Surendran’s stand on ‘preventive detention’

Source: FMT News

KOTA KINABALU: A human rights advocate stressed that Padang Serai MP N Surendran “hit the nail on the head” with his statements on two consecutive days, on preventive detention. “He gave as good as he got, in fact even better,” said Daniel John Jambun in a telephone interview.

“Deputy Home Minister Nur Jazlan doesn’t have a leg to stand on.

“Nur Jazlan was forced to degenerate into rhetoric and polemics.”

Jambun, who heads the UK-based Borneo’s Plight in Malaysia Foundation (Bopim), urged the Federal Government to emulate what other nations were doing on national security and on combating terrorism.

“These nations hit by terrorism, including long-suffering India for example, don’t have detention without trial.”

There’s no reason for Malaysia to have such laws, he continued, even if it suffered terrorist attacks like so many other countries in the world.

“It’s high time that the Federal Court declared the intention of the framers of the Constitution and the intention of Parliament on national security.

“National security cannot be used as a euphemism to deny civil liberties and human rights.” Read more

LFL urges Putrajaya to put NSC Act on hold

Source: FMT


Lawyers for Liberty (LFL) has expressed shock that the controversial NSC Act has been gazetted to come into force on 1 August 2016 despite very serious concerns raised by stakeholders. Pic taken from FMT News.

Lawyers for Liberty (LFL) has expressed shock that the controversial NSC Act has been gazetted to come into force on 1 August 2016 despite very serious concerns raised by stakeholders. Pic taken from FMT News.

KUALA LUMPUR: The Lawyers for Liberty (LFL) has strongly urged the government to suspend the National Security Council Act (NSC) and to consult all stakeholders regarding the many concerns that have been raised.

“We further call for substantial amendments to be made to the NSC Act, so that national security is genuinely balanced with constitutional, democratic and human rights concerns, and institutional checks and balances,” said LFL Executive Director Eric Paulsen in a statement.

LFL expressed shock that the controversial NSC Act has been gazetted to come into force on 1 August 2016 despite very serious concerns raised by stakeholders — civil society, lawyers, elected representatives — and even the Conference of Rulers which had called for certain provisions of the Act to be “refined”. The Act also failed to acquire the Agong’s Assent and was deemed to be passed by Parliament.

If comparisons were drawn between the now abolished provisions of Part III on the Special Provisions Relating To Security Areas of the Internal Security Act 1960, and Part IV on the Declaration of Security Area of the NSC Act, said Paulsen, “they bear such a striking similarity that we can only deduce that the NSC Act was enacted to replace Part III of the ISA”.

More importantly, he said, the powers to invoke the special provisions relating to “security areas” have been shifted from the Agong under the ISA to the Prime Minister under the NSC Act. Therefore, he continued, it’s clear that the Prime Minister under the NSC Act has effectively usurped the powers of the Agong under the ISA (abolished) to declare “security areas”. Read more

Deloitte quits as 1MDB’s auditor

Source: The Edge Market

KUALA LUMPUR: Deloitte Malaysia has notified 1Malaysia Development Bhd (1MDB) of its intention to resign as the embattled state fund’s auditor, and the 1MDB board is now looking for a new auditor.

“Until a new auditor is appointed, Deloitte will remain as auditor on record,” said 1MDB in a statement yesterday.

“The board appreciates the professionalism displayed by Deloitte to date and highlights that Deloitte will continue to audit key subsidiaries of 1MDB, including but not limited to TRX City Sdn Bhd (formerly known as 1MDB Real Estate Sdn Bhd), Bandar Malaysia Sdn Bhd and Edra Bhd,” it added.

1MDB disclosed that Deloitte had notified it of its intention to resign on Feb 26, but the fund did not say why it making the announcement only now.

However, Deloitte  in a separate statement referred to the civil forfeiture complaint filed by the United States Department of Justice (DoJ) on July 20.

It said the complaint contains information, which, if known at the time of the 2013 and 2014 audits of 1MDB, would have impacted the financial statements and affected the audit reports.

Accordingly, it said, the audit reports issued by Deloitte in connection with the 2013 and 2014 financial statements of 1MDB should no longer be relied upon. Read more

Travelling abroad not constitutional right, court rules in Pua case

Source: Malaysiakini

The High Court in Kuala Lumpur today ruled that the ban on Petaling Jaya Utara MP Tony Pua on travelling overseas, stands.

Justice Hanipah Farikullah said that it was not a constitutional right for all, including Pua, to be allowed to travel abroad.

She also said in her oral judgment that the director-general of the Immigration Department has the power to enforce the ban under Section 3(2) of the Immigration Act.

The court cited Loh Wai Kong’s case which was decided by Lord President Suffian. It said the court was bound by this decision, which was also cited in the recent Victoria Jeyasalee versus the Federal Territory Islamic Council case.

As a result of the two cases cited in the Federal Court, Justice Hanipah said this court was bound by it, based on the stare decisis principle (a decision from a superior court that binds the lower court). Read more