Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Tuesday, November 10, 2015

Monday, April 20, 2015

Don't be cowed by fear of sedition, say lawyers

View and read more at http://www.freemalaysiatoday.com/category/nation/2015/04/18/dont-be-cowed-by-fear-of-sedition-say-lawyers/

Most who are in Legal Arena say the same; apart from Hajah Nancy Haji Shukri. http://www.freemalaysiatoday.com/category/nation/2015/04/18/dont-be-cowed-by-fear-of-sedition-say-lawyers/

(Auto-Posted-Link via IFTTT from Justice In Malaysia fbpage on April 20, 2015 at 02:05AM.)

Saturday, April 18, 2015

Friday, April 10, 2015

Monday, April 6, 2015

Pota hina keluhuran undang-undang, kata Majlis Peguam - The Malaysian Insider

View and read more at http://www.themalaysianinsider.com/bahasa/article/pota-hina-keluhuran-undang-undang-kata-majlis-peguam

http://www.themalaysianinsider.com/bahasa/article/pota-hina-keluhuran-undang-undang-kata-majlis-peguam

(Auto-Posted-Link via IFTTT from Justice In Malaysia fbpage on April 06, 2015 at 12:36AM.)

Saturday, March 28, 2015

97 MALAYSIANS ARRESTED IN MARCH FOR SPEAKING OUT? WHO ARE THEY? - Cilisos

No, you didn’t read the title wrong. NINETY-SEVEN Malaysians were arrested since March 1st for what we’re going to summarize as “speaking out,” but more on this definition in a bit. To get an idea of the magnitude of the arrests, here’s a calendar we’ve made to summarize the arrests:



But before we get into the details, here’s how we got the final tally at 97 (Just so ugaiz don’t flame us) :

- These people were arrested. Being investigated or tried in court (after being arrested before March) doesn’t count.
- The arrests were for speaking out, which we define as freedom of speech or assembly. Crimes such as robbery don’t count.
- We went through the online archives of The Rakyat Post, The Star, and Malay Mail Online to look up these cases.
- This article is meant to be a summary as we’ve discussed issues such as the motive or validity of some of the arrests in other articles. Here be the links: Why did the cops allow the Anwar rally but arrest people after? | What are the authorities trying to do by arresting Nurul Izzah
- The title originally placed the count as 93. This was updated when we found out that more people were arrested during the GST Rally. Sorri!

We’re grouping these by incident rather than date, since some of them overlap. You might need a calculator.

1) Igniting racial tensions – 1 Arrested


















(Wan Khairul Ihsan. Image from the New Straits Times.)

On March 3rd, a man named Wan Khairul Ihsan Wan Muhammad was arrested under the Sedition Act after MCA Youth made a police report against him for a tweet he made in February which hinted at May 13. Here’s the tweet which has since been deleted:









(Image from sasasuperblog.blogspot.com)

Wan Khairul is also the president of Orang Muda Berpadu Anti Korupsi (OMBAK), an NGO focusing on corruption. Considering that we couldn’t find too much information on the group – not even a Facebook page – we might be tempted to say that OMBAK has yet to make….. waves.

2) #Kitalawan Assembly – 10 Arrested




















(Rafizi Ramli on the left, Nik Nazmi on the right at Dang Wangi Police Station. Image from The Malaysian Insider.)

There has been a slew of arrests involving the organizers of the #Kitalawan assembly which happened on the 7th- with PKR Youth chief Nik Nazmi and PKR Youth leader Saifullah Zulkifli arrested just a few hours after the event.

Another PKR leader, Faris Musa, was picked up three days later with PKR secretary-general Rafizi Ramli – who was coincidentally at the police station to file a police report against 1MDB.

PAS Youth treasurer Mohd Fakhrul Razi was picked up on March 11th, and on the 14th, DAP Socialist Youth Leader Teo Kok Seong, Activist Adam Adli, and #kitalawan secretariat member Mandeep Singh were photographed handcuffed together in lockup outfits (we always thought those things were orange, like what you see on TV)

Since the time both our articles were written, PKR Legal Rights and Legal Bureau deputy chairman S. Jayathas was arrested on the 17th, and PKR vice-president Tian Chua’s arrest on the 20th rounds the number up at 10.

The validity of these arrests have been brought into question as Lawyers for Liberty have told us that the law that the ten are arrested under was declared void and unconstitutional in a previous case involving Nik Nazmi. However, Inspector-General of Police, Tan Sri Khalid Abu Bakar says that the law is still in effect since it’s being appealed. Our lawyer friends tell us that that isn’t how the law works.

If you’re wondering why Nurul Izzah’s name isn’t listed here, it’s because she wasn’t arrested for #kitalawan, but for…

3) Seditious remarks in Parliament – 1 Arrested






















(Nurul Izzah with her children after her arrest. Image taken from her Facebook page.)

While Nurul Izzah is known for being PKR’s vice-president, a Member of Parliament (MP) representing Lembah Pantai, and, perhaps most commonly, as Anwar Ibrahim’s daughter.

While she was called to the police station to give a statement on her involvement in #kitalawan, she was instead arrested under the Sedition Act for reading her father’s speech in Parliament – a speech which questioned the Federal Court and its decision to jail him.

However, the point of argument is whether or not the speech violated the conditions for immunity that the Federal Constitution gives to MPs while in Parliament.

You can read more about this in our full article here, written with help from Eric Paulsen of Lawyers for Liberty. Speaking of which…

4) Lawyers for Liberty tweets – 2 Arrested





















(Eric Paulsen. Image from The Malay Mail Online.)

On the 22nd, Eric Paulsen, the head of civil rights group Lawyers for Liberty was arrested at the Arts for Grabs festival in Dataran Merdeka. He was picked up over a tweet he made about Hudud law (since deleted) saying:

“Do not simply believe that everything will be okay with hudud implementation – no basis that hudud will run smoothly in Malaysia” – Tweeted by Eric Paulsen, as quoted in Free Malaysia Today

This statement pissed off a number of people, who retweeted it to IGP Khalid:







(Screencapped from IGP Khalid’s Twitter account.)

IGP Khalid, who takes tweets very seriously, issued orders for Eric’s arrest, tweeting:













We briefly spoke to Lawyers for Liberty legal coordinator Michelle Yesudas about his arrest, but did not receive a reply after some time. That was when we found out that she got arrested too for a Twitter post too! Apparently her tweet was seen by some to be a move to create unrest, with some others questioning if the “majority” meant Malays or Muslims (since these are both the racial and religious majority in Malaysia). She has denied this, saying that it was in reference to the rape threats made against a BFM Radio (Whom IGP Khalid tweeted that he’ll investigate) presenter (Whom IGP Khalid tweeted that he’ll investigate) by members of the public (Whom IGP Khalid tweeted that he’ll investigate)






















(Michelle Yesudas. Image from The Malaysian Insider.)






















5) GST Rally – 83 Arrested


















(Road outside the Kelana Jaya customs office. Photo courtesy of Raysonick.)

Just this week, on the 23rd, an anti-GST protest group gathered outside the customs office in Kelana Jaya – just a few minutes away from the CILISOS office – to present a list of 106 questions to the authorities. When they refused to leave after their request was ignored, the cops were called, followed by the Light Strike Force. After many repeated requests to leave, the Light Strike Force…um… struck.














(Not named because they strike you lightly okay. Youtube screengrab sourced from AsiaOne.)

Several people reported being pushed and beaten despite claims that the protesters did not provoke the authorities. This was disputed by IGP Khalid, who called the protestors “barbaric” and eventually, 79 people were arrested and sent to the station in trucks, according to Parti Sosialis Malaysia Youth chief K.S. Bawani. We believe Bawani to be correct on this number because when she speaks, we should Listen! Listen! Listen! (Sorry, couldn’t resist).

Four more were added to the tally when the arrest of Khalid Ismath, which happened before the 79, was confirmed; and three more were arrested during a night vigil in support of the detainees. They’re being charged with illegal assembly.














(Some of the protestors in jail. Image from Parti Sosialis Malaysia’s Facebook page.)

While several politicians including two MPs were among those arrested, the person we want to highlight here is this lady:














(Image from Parti Socialis Malaysia’s Facebook page.)

Yep. That’s Aunty Bersih in the police van. She was among those arrested that day.

The almost 70-year old lady became somewhat an icon of resistance when a picture of her covered in chemically-laced water walking away from FRU troops was taken during the Bersih 2.0 Rally in 2011.



















(Image from Says.com)

Since then, she’s been seen at various rallies held in the country and getting a Facebook fan page, though she was upset at the attention she got from the photos and coverage….like..what..we’re..doing..now. Sorry Auntie!

You can read her point of view here, but we’ll leave you with a quote in the meantime:

“I am doing this for everyone’s children. And if you think that is wrong, then by all means, cuff me … All I want is to ensure a better tomorrow for our children.” – Aunty Bersih, as quoted in The Malaysian Insider

You go, Aunty Bersih! :-D


Should we be worried?

Well, if you’re on social media a lot, then yes – because Twitter is becoming a dangerous place.
















(IGP Khalid. Image from The Malaysian Insider.)

It seems that IGP Khalid is making good on his vow to patrol social media sites for seditious remarks. While this might be a good thing to some, there have been concerns with the IGP’s fairness, with Lawyers for Liberty suggesting that the IGP seemed to “decide on a whim what can and cannot be published“. The group also says that the IGP “seems to be taking instructions from pro-UMNO cybertroopers and trolls” when it came to investigating claims, adding that he should display more professionalism and care without abusing his powers.

Others have questioned this double standard in the lack of action against extremist groups like PERKASA and, more recently, the relative silence on the death and rape threats against a BFM Radio presenter Aisyah Tajuddin over a video on Hudud law, although the IGP has tweeted that all parties will be investigated.

Some parties have also stated that the IGP is either deliberately distorting certain statements or has difficulty understanding them. This has prompted Michelle Yesudas to offer to write him an essay explaining her tweet and Lim Kit Siang to say that if Khalid genuinely misinterpreted Tony Pua’s tweet, he’s “not fit to be an IGP“.
















(Screencapped from IGP Khalid’s Twitter page.)

These arrests have prompted Amnesty International to call the arrests of the lawyers and GST protesters “troubling signs of an escalating crackdown on freedom of expression and assembly”, with the group’s Malaysia researcher stating:

“These latest in a string of recent arrests point to a clear and worrying trend and reveal the very grim reality of the Malaysian authorities’ stance on upholding basic freedoms.” – Hazel Galang-Folli, Amnesty International’s Malaysia Researcher















(Image from Malaysia Chronicle.)

This came just at about the same time that PM Najib defended the Sedition Act, saying that there was no reason for the government to apologize for it’s use in preserving ethnic and religious relations.

“… I want to say that there is no absolute freedom. There is no place for absolute freedom without responsibility in this country – PM Najib, as quoted in The Malaysian Insider

He also added that the use of the Sedition Act is a form of prevention against terrorist attacks, though all recent reports we’ve come across of Malaysians with ties to ISIS have been detained, not under the Sedition Act, but under the SOSMA Act. Hmmm… The Prime Minister’s Office issued a statement that The Malaysian Insider’s article referenced above was inaccurate as the PM never said the Sedition Act was meant to curb terrorism. The statement that the Sedition Act is needed for racial and religious harmony is still correct though.

So perhaps whether or not we should be worried depends on which side we are on the political divide and how we each define our rights to freedom of expression and assembly.

But you know what the scariest part of this whole thing is?

March isn’t even over yet.















(Image from The Rakyat Post.)


Source: http://cilisos.my/93-malaysians-arrested-in-march-for-speaking-out-who-are-they/

Monday, December 15, 2014

Thursday, November 20, 2014

Religious Conversion: Syariah Laws vs Federal Laws - Poskod.my

http://poskod.my/cheat-sheets/malaysian-courts-settle-conflict-syariah-federal-laws/

9 JULY 2014

8 court cases that show how Malaysia has handled religious conversion.

Recent news cases about people who have converted to Islam highlight the complexities of living with two sets of laws, overseen by two different courts: one Syariah, one Civil. So which one takes precedence when religious conversion is involved?
Since 1988, the Syariah Courts have been given exclusive jurisdiction over Islamic matters through a constitutional amendment. Over the years, the Civil Courts have generally interpreted it as to mean that the personal laws of Muslims should fall to the Syariah Courts, even for those recently converted to Islam. As the interpretation goes, the Civil Courts are not above Syariah Courts, at least, with regard to Islamic Family Laws.
This means that Syariah Courts have largely expanded their enforcement. However, the Syariah Courts have, in some instances, acknowledged that non-Muslims may both be a witness and even make a claim through the court.
MOORTHY MANIAM                                           
At the age of 36, M. Moorthy, a former soldier who was a member of the first Malaysian team to scale Mount Everest, died on December 20, 2005. After his death the Syariah Court decided that M Moorthy was a Muslim based on a military record, despite not having heard the testimony from his wife, Kaliammal. At this juncture, the Syariah Court of the Federal Territories refused to hear her testimony, claiming that she had no standing in the court. She, however, claimed that her deceased husband continued to live as a Hindu, as he celebrated Deepavali, consumed pork and alcohol.
Later, upon an application by Kaliammal, the Court of Appeal decided that the Civil Court had no jurisdiction on the matter because Art 121 (1A) of the Federal Constitution specifically bars Federal Court from adjudicating on Islamic matters.
On 28 December 2005, M. Moorthy was buried as Mohammad Abdullah in Taman Ibu Kota Muslim Cemetery in Gombak, Selangor
NYONYA TAHIR @ WONG AH KIU
In a landmark case in 2006, the Syariah High Court of Seremban allowed a Buddhist burial for Nyonya Tahir. Throughout her 88 years of life, Nyonya Tahir had lived as a Chinese Buddhist despite being born as ethnic Malay.
Upon her death, the Syariah Court heard her children’s testimony and ruled that she is a Buddhist and should be buried according to Buddhist rituals.
SUBASHINI RAJASINGHAM
On 18 May 2006, Subashini received a notice from Registrar of Syariah Court that her husband, Saravanan, had commenced proceedings to convert himself and their son to Islam. This promptly led Subashini to a series of long court battles for the custody of the child.
It ended in May 2007 with the Federal Court dismissing her application to stop the proceeding, citing that since Saravanan had converted to Islam, it was his right to seek remedy through Syariah Court. Civil courts have been consistent in maintaining that Islamic laws can only be adjudicated by Syariah courts.
LINA JOY
Lina Joy’s conversion to Christianity from Islam was highly publicised in the media. Born and raised as a Malay Muslim, she decided to get married to her partner, who is a Christian, before being prevented from registering their marriage due to the difference in religion.
This came about even though she had legally changed her name (from Azlina) and had been baptised. No longer recognising herself as a Muslim, she decided to make the application to change her religion before the civil court.
Her effort culminated in the decision of the Federal Court in May 2007, which rejected her appeal because the application for a Muslim to leave the religion of Islam must be made before the Syariah court.
SITI FATIMAH TAN ABDULLAH
In 2008, the Syariah Court of Penang allowed Siti Fatimah Tan Abdullah or Tan Eee Huang, to revert to Buddhism after divorcing her Muslim husband. Similar to the case of Nyonya Tahir @ Wong Ah Kiu, the Syariah Court took notice of her non-Islamic upbringing and lifestyle and decided to accept that she is no longer a Muslim.
INDIRA GANDHI
The custody battle between Indira Gandhi and Mohd Ridzuan over their daughter, Prasana Diksa, is yet another notable case in the drawn-out judicial conflict between Syariah and Civil Courts.
Back in 2009, upon his conversion to Islam, the Syariah Court granted Mohd Rizuan the custody of Prasana, while in 2010, the High Court ordered Mohd Ridzuan to return her to her mother. The police resorted to inaction in order to respect the jurisdiction of both courts. The case is still ongoing.
S BANGGARMA
As an eight year-old, Banggarma Subramaniam was placed in a children’s home and was raised as Siti Hasnah Vanggarama Abdullah after an officer from the Islamic Religious Affairs Department converted her to Islam. She rediscovered her Hindu identity as a teenager and later in her adulthood went on to marry a Hindu man.
She could not register her marriage and could not name her partner as the father to her children because they were officially of two different religions.
In 2010, the High Court decided that civil court has no jurisdiction over her case and it should be heard in Syariah Court. The case is still unresolved.
TEOH CHENG CHENG       
On June 12 2014, the body of the deceased, Teoh Cheng Cheng was taken by Islamic religious authorities amidst Taoist funeral.
Penang Islamic Affairs Council has records of Teoh converting to Islam. However, upon detection of inconsistencies of the documents and hearing testimonies from her family, the Syariah High Court of Penang ordered for the remains to be buried in accordance with the Taoist rituals.
Audi Bin Ali

Saturday, September 13, 2014

Polis rampas komputer pemimpin PKR dalam siasatan Akta Hasutan

A link shared at J.I.M Facebook Page on September 13, 2014 at 10:02AM via IFTTT:


http://www.themalaysianinsider.com/bahasa/article/polis-rampas-komputer-pemimpin-pkr-dalam-siasatan-akta-hasutan


#BeraniMenyatakanKebenaran #MansuhAktaHasutan #AgendaPolitik


Friday, September 12, 2014

Tiada progres dari kerajaan untuk mansuhkan Akta Hasutan - Ketua Pemuda PR

Thursday, September 4, 2014

Sunday, August 31, 2014

Pemimpin Umno mahu jawatan Peguam Negara kembali jadi lantikan politik - The Malaysian Insider

A link shared at J.I.M Facebook Page on August 31, 2014 at 07:46PM via IFTTT:

http://www.themalaysianinsider.com/bahasa/article/gagal-tangani-situasi-umno-bahagian-mahu-lantikan-politik-jawatan-peguam-ne

Umno man demands that A-G be a political appointee, says report
http://www.themalaysianinsider.com/malaysia/article/umno-man-demands-a-g-be-a-political-appointee-says-report
This clearly a political hidden agenda to ensure they will remain ruling despite democracy

Thursday, August 28, 2014

'Sedition Act, the new ISA' - The Rakyat Post

A link shared at J.I.M Facebook Page on August 28, 2014 at 09:21AM via IFTTT:

http://www.therakyatpost.com/news/2014/08/27/sedition-act-new-isa-says-padang-serai-mp/

Related:

Putrajaya using Sedition Act to silence critics, says Bersih 2.0
http://www.themalaysianinsider.com/malaysia/article/putrajaya-using-sedition-act-to-silence-critics-says-bersih-2.0

























A promise that has never been fulfilled:


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