KUALA LUMPUR (Feb 18): Lawyers for terror suspect Mohd Hilmi Hasim, who is detained under the new Security Offences (Special Measures) Act 2012 (Sosma), have filed a habeas corpus application to secure his release, arguing that the use of Sosma against him violated the Federal Constitution.
“His detention is mala fide as there is no ground to believe that he was involved in security offences,” lawyer Fadiah Nadwa Fikri told reporters at the Kuala Lumpur Court Complex after filing the application.
She said the police have until today refused to explicitly state the reasons for Hilmi’s arrest. According to her, Sosma was not consistent with Article 149 of the Federal Constitution, which concerns special laws against subversion and acts prejudicial to public order.
Fadiah also disclosed that police allegedly told Hilmi’s adopted mother, Rahamah Abdul Majid, that Hilmi would get special protection if he agreed to testify against Yazid Sufaat.
“Therefore it is clear that Mohd Hilmi is detained to get further information against the other two and not because he has committed an offence, and hence he should be released immediately,” she said.
In her affidavit filed today in support the habeas corpus application, Rahamah said that after two failed attempts to meet her son last week, she was told by the police to persuade Hilmi to testify against Yazid as the police had information regarding Yazid’s alleged “acts of terrorism in southern Philippines”.
“He will be given protection under the Witness Protection Act where his identity will not be revealed. He will also be given a new identity, a new job and new living arrangements. The family will also be given these benefits,” she said in her affidavit.
Hilmi, however, did not respond to the police offer, she added.
Rahamah was also asked to give an interview with the police before finally meeting Hilmi on Feb 15. Lawyers say this interview is completely unnecessary and is a form of intimidation against the detainee’s family members.
Another act of intimidation, they claimed is the alleged advice by police to Rahamah not to use the services of the human rights group Suaram. Fadiah is associated with Suaram.
Hilmi, 33, and former Internal Security Act detainee Yazid, 49, were picked up from their work place at a Kuala Lumpur Court Complex cafe on Feb 7.
Another associate of theirs, Halimah Hussein, 52, was picked up later on the same day. All three were detained under Sosma.
On Feb 8, both Yazid and Halimah were charged at the Ampang Magistrate’s Court – under section 130G(a) of the Penal Code read together with Sosma – for allegedly promoting violence to intimidate the public in Syria. Their case will be mentioned again in court on Wednesday. Hilmi has yet to be charged. Under the new security law, he can be held up to 28 days without trial.