Give them a fair trial here — Azmi Sharom

Source: The Star Online

Dr. Azmi Sharom is a law teacher in Universiti Malaya.

BY AZMI SHAROM

THE arrest of Turkish nationals Turgay Karaman and Ihsan Aslan gives rise to some serious concerns.

According to the Inspector-General of Police, they were arrested under Section 130 of the Penal Code. Section 130 is about the crime of participating in terrorist activities.

Ah, terrorism, that one wonderful word which can be used to hide a multitude of sins.

If these men are involved in terrorism (according to the police they are linked to Islamic State), then by all means let them be tried in open court here in Malaysia.

However, they do seem to be rather unlikely terrorists. Although, never having met a terrorist before, I am not an expert on the matter. Read more

‘Admin WhatsApp’ boleh dipenjara

Source: BH Online

KUALA LUMPUR: Admin (pentadbir) kumpulan WhatsApp berdepan tindakan undang-undang sekiranya gagal membendung penyebaran maklumat palsu dalam kalangan ahli sehingga menggugat keselamatan negara.

Timbalan Menteri Komunikasi dan Multimedia, Datuk Jailani Johari, berkata tindakan undang-undang sedia ada di bawah Akta Komunikasi dan Multimedia 1998 boleh dipertimbangkan untuk mengambil tindakan terhadap pentadbir terbabit.

Di bawah akta itu, pelbagai kesalahan boleh dikenakan tindakan seperti menyebarkan berita palsu, fitnah, menghasut, penipuan dan pendedahan komunikasi yang dilarang iaitu mendedahkan maklumat di bawah Akta Rahsia Rasmi (OSA).   Read more

Suhakam to government: Don’t abuse Sosma

Source: FMT News

In its annual report Suhakam notes that Bersih 2.0 chief Maria Chin was held under Sosma for 10 days but has yet to be charged with any offence. Pic from FMT News.

In its annual report Suhakam notes that Bersih 2.0 chief Maria Chin was held under Sosma for 10 days but has yet to be charged with any offence. Pic from FMT News.

PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) has expressed concern over preventive laws that appear to extend beyond the scope of terrorism offences.

In particular, the commission named the Security Offences (Special Measures) Act 2012 (Sosma), which it said was originally meant for use only when there was an imminent threat to the country from terrorists.

“In its short lifespan, Sosma has been used for non-terrorism purposes and Suhakam has recorded complaints alleging abuse from detainees during their 28-day detention, such as interviews being conducted under conditions designed to humiliate detainees,” it said.

In its newly released annual report for 2016, the commission also emphasised the “troubling trend to undermine any serious attempt to analyse the human rights compatibility of this so-called counter-terrorism legislation”.

“Bluntly put, the broad characterisation of ‘security offences’ under the act appears to suggest that its ambit extends beyond terrorism offences,” it said.

Suhakam added that Articles 9 and 10 of the Universal Declaration of Human Rights guaranteed that no one was to be subjected to arbitrary arrest, detention or exile, and that everyone was entitled in full equality to a fair and public hearing by an independent and impartial tribunal of any criminal charge against him. Read more

Burkini Ban: Veiling Prejudice and Fear in the Name of National Security?

mcchr-burkinibanIn conjunction with the launch of its online training course and training manual on freedom of religion, LB Training presents #UndiMsiaChats on Burkini Ban: Veiling Prejudice and Fear in the Name of National Security?

Moderated by Long Seh Lih (chief executive officer of MCCHR), the discussion panel features Firdaus Husni (Bar Council Human Rights Committee) and Fahri Azzat (Fahri & Co).

The panelists will unpack the issue of burkini ban in France and discuss national security and the state’s role, gender equality and non-discrimination, similar application in Malaysia, and more.

Admission is free and open to everyone. Lunch will be provided and online pre-registration is required: http://goo.gl/31Fteh.

Important to widen our view on terror

Source: The Star Online

The bad guys: A file picture of members of the Abu Sayyaf militant group operating in southern Philippines. In 2014, the Abu Sayyaf declared allegiance to the Islamic State. Pic taken from The Star Online.

The bad guys: A file picture of members of the Abu Sayyaf militant group operating in southern Philippines. In 2014, the Abu Sayyaf declared allegiance to the Islamic State. Pic taken from The Star Online.

THERE is nothing Islamic about the so-called “Islamic State militant group” – how many times have we heard this from terror experts, religious scholars and enforcement authorities?

Even Prime Minister Datuk Seri Najib Tun Razak has noted that the perverted ideology of IS has no place in Islam.

Unfortunately in Malaysia, we cannot escape from religion in discussions about radicalisation and violent extremism, said Nicholas Chan, research director with Iman Research.

As Chan pointed out at the recent Civil Society Conference on National Security in Kuala Lumpur, this is because Islam is entrenched in our security framework.

“National security in Malaysia has been defined largely in religious terms since the early 1980s (especially with the ulama takeover of PAS after party president Tan Sri Mohamad Asri Muda stepped down).

“And since our security is invariably linked to Islam, any discussion of security threats also goes back to the religion, despite our leaders, like the PM, trying very hard to disassociate Islam from groups like IS,” he said. Read more

Better safe than sorry?

Source: The Star Online

Public protection: Military and police personnel guarding KL Sentral. Pic taken from the Star Online.

Public protection: Military and police personnel guarding KL Sentral. Pic taken from the Star Online.

Civil society groups vow to continue questioning the constitutionality of the newly enacted National Security Council Act 2016.

THE army is trained to kill (in combat). They are not trained to engage civilians….”

Former Royal Malaysian Air Force officer Lt-Col (Rtd) Mohd Daud Sulaiman warned of the dangers of using the military in internal security operations, as provided for by the newly enacted National Security Council (NSC) Act 2016.

“The use of the military in internal security operations must be done with care because the way the military is trained and carries out its business is not the same as other enforcement authorities,” he said.

Mohd Daud was one of the speakers at the Civil Society Conference on National Security in Kuala Lumpur held on 18 August 2016, organised by members of civil society, including Amnesty International Malaysia, the National Human Rights Society (Hakam), Institut Rakyat, Persatuan Promosi Hak Asasi Malaysia (Proham) and Suara Rakyat Malaysia (Suaram). Read more

NSC Act contravenes powers of the King: Ex-RMAF man

Source: The SunDaily

KUALA LUMPUR, 18 August 2016: The provisions in the National Security Council (NSC) Act 2016 contravenes the powers of the Yang di-Pertuan Agong as it would allow the council to take command of the military.

Former Royal Malaysian Air Force (RMAF) officer Lt Col (Rtd) Mohamad Daud Sulaiman said the Federal Constitution clearly states that the Agong and the royal institution are in command of the military forces.

“If we look at the provisions (in the NSC), it uses a lot of military terms and this is very dangerous.

“One of the explanations given about the NSC by the government is that the Agong does not have operational command of the military,” Mohamad Daud said during a Civil Society Conference on National Security held at the Renaissance Hotel here.

He was referring to the official Putrajaya Frequently Asked Questions (FAQ) explanation on the law posted on the NSC’s official website.

Mohamad Daud said Malaysians must be aware of the dangers of allowing the military to enforce legislation passed in Parliament.

“When you ask the military to enforce the law, you ask for trouble. The military is not trained for that. They do not know the Criminal Procedure Code (CPC),” he said. Read more

Suhakam wants mechanism to review NSC Act

Source: FMT News

There’s no mechanism to review any direction or order under the National Security Council Act (NSC Act). Pic taken from FMT News.

There’s no mechanism to review any direction or order under the National Security Council Act (NSC Act). Pic taken from FMT News.

KUALA LUMPUR: It was Benjamin Franklin who said in 1755 that “those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety”, recalled Suhakam Chairman Razali Ismail in the keynote speech at the “Civil Society Conference on National Security” in Kuala Lumpur on Thursday.

Franklin’s simple phrase reminds everyone that the philosophy espoused by both rights and security advocates has been played throughout the centuries countless times, added Razali.

“Actors, be it from the Executive or Legislative, and certainly the participants of this Conference must play their part to ensure the balance does not tilt heavily towards the other end.”

The relationship between national security and human rights should always be in balance, he urged. “This is an important part of the Malaysian ethos.”

Suhakam, he said, advocates a mechanism of review as advocated by the UN’s Special Rapporteur on the “Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism”. Read more

Civil Society Conference on National Security

NSConference

 

 

Keynote Speaker, Civil Society Conference on National Security

Keynote Speaker, Civil Society Conference on National Security

Speakers, Civil Society Conference on National Security

Speakers, Civil Society Conference on National Security

Speakers, Civil Society Conference on National Security

Speakers, Civil Society Conference on National Security

 

Watch the Civil Society Conference on National Security 2016
https://www.youtube.com/playlist?list=PL4qistxYwmgqA5xbnttkpxaoXNKdWpd5k

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Is the National Security Act ominously close? — Adrian Lim Chee En

Source: FMT

BY ADRIAN LIM CHEE EN

Student group Challenger urges the government to restore the country's sense of security without jeopardising the fundamental civil liberties of Malaysians.  Pic taken from FMT News

Student group Challenger urges the government to restore the country’s sense of security without jeopardising the fundamental civil liberties of Malaysians. Pic taken from FMT News

On June 21, land rights activist and candidate in the Sarawak State election Bill Kayong was shot dead in Miri. The police have since claimed the case solved following the recovery of the murder weapon, despite protests claiming his death was politically motivated.

A week later on June 28, eight were injured after a grenade was thrown into a pub in Puchong. The cops have since announced the incident as the first Islamic State attack on Malaysian soil.

The very next day, another man was shot five times in an attempted murder along the KL-Seremban Highway.

On July 4, a woman and three others escaped unharmed after a gunman fired 12 bullets at her house at Taman Bukit Desa, Kuala Lumpur.

On the first day of Raya, a shooting incident took place at OUG where a businesswoman was shot dead and her daughter, critically injured.

The very same evening, two were killed and another, seriously wounded after a machete attack at Solaris Dutamas.

Yesterday, three Indonesian nationals were kidnapped off the coast of Lahad Datu.

Besides the fear for security and safety, what is also highly alarming to human rights advocates and activists is the possibility of these incidents being potentially exploited as a reason to exercise powers as outlined in the National Security Council Act. Read more