Memorandum: “SOSMA : MENCABULI HAK ASASI MANUSIA”

SERAHAN MEMORANDUM KEPADA SUHAKAM
“SOSMA : MENCABULI HAK ASASI MANUSIA”

Akta Kesalahan Keselamatan (Langkah-langkah Khas) yang menggantikan ISA merupakan satu lagi akta yang membelakangkan hak asasi manusia. Perkara ini terbukti apabila tangkapan yang dibuat ke atas tiga individu iaitu Yazid Sufaat, Hilmi Hasim, dan Halimah Hussein jelas tidak menghormati standad piawaian antarabangsa.

Bagi mengetengahkan ketidakadilan terhadap hak rakyat ini, Suara Rakyat Malaysia (Suaram) akan menyerahkan satu memorandum kepada pihak Suhakam yang akan berlangsung seperti ketetapan berikut :

Tarikh : 21 Febuari 2013 (Khamis)
Masa : 2.30 Petang
Tempat : Pejabat Suhakam, Maju Junction, Kuala Lumpur.

Oleh itu, SUARAM ingin mengundang rakan-rakan media untuk membuat liputan serahan memorandum tersebut.

 

Sekian. Terima kasih.

 

Yang benar,

Ahmad Syukri Razab

Penyelaras SUARAM

Sosma detainee Hilmi files habeas corpus

Muhammad Hilmi Hasim, who was arrested under the Security Offences (Special Measures) Act 2012 (Sosma) earlier this month, has filed for habeas corpus protection through his adoptive mother over his “unlawful arrest”.

In the habeas corpus application and affidavit filed today in the Kuala Lumpur High Court, Rahamah Abdul Majid, 58, claimed that Sosma is an unconstitutional law.

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Source: Malaysiakini.com

Sosma detainee files habeas corpus application

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.

Source: FZ.COM

URGENT APPEAL: ALLOW LEGAL ACCESS TO HILMI HASIM

14 February 2013

 

URGENT APPEAL: ALLOW  LEGAL ACCESS TO HILMI HASIM

 

Mohd Hilmi Hasim was arrested last Thursday, 7 February 2013, under the Security Offences (Special Measures) Act 2012 (SOSMA) together with Yazid Sufaat and Halimah Hussein. This is the first time that arrests have been made under the new Security Offences (Special Measures) Act 2012 (SOSMA), since its introduction in April 2012.

 

On 8th February 2013, Yazid Sufaat and Halimah Hussein were charged at the Ampang Magistrate’s Court for allegedly promoting an ideology aimed at inciting the people of Syria. Hilmi, however, continues to be held in police custody. Despite it being seven days since his arrest, he has not been charged or tried in an open court. The police have also refused to disclose where he is being held.

 

SOSMA, which replaced Malaysia’s previous Internal Security Act (ISA), fails to meet international human rights standards in several key ways – including by allowing police to detain suspects incommunicado for 48 hours, thus increasing the risk of torture, and by allowing detention without charge or access to the courts for up to 28 days.

 

Under section 5 of the law, police can hold suspects for 48 hours and can deny them access to lawyers. It is now more than 48 hours, and the police are still denying Hilmi access to legal representation even though lawyers have approached the authorities.

 

Denying one legal access is a form of human rights violation. It is an act which violates Article 7 and Article 8 of the Universal Declaration of Human Rights (UDHR) where everyone has the right to be treated equally before the law and the right to ask for legal assistance.

 

SUARAM condemns the police and we view that denying Hilmi the right to counsel also contravenes the Federal Constitution of Malaysia.

 

Actions Requested:

 

i.                    Guarantee the physical and psychological integrity of Mr. Mohd Hilmi Hasim;

ii.                  Allow immediate legal access to Mohd Hilmi Hasim;

iii.                Release or charge him in an open court ;

iv.                Put an end to any acts of harassment, intimidation and any form of torture or ill treatment;

v.                  Ensure that in all circumstances respect for human rights and fundamental freedoms are in accordance with international human rights standards and international instruments.

 

Released by,

 

 

 

Nalini Elumalai

Executive Director

SUARAM

 

What can you do?
Urgent action needed:

Please write protest letters to the government and the police to express your strongest condemnation of the arrests of Mohd Hilmi Hasim which denies his right to be represented by lawyer.

 

SAMPLE LETTER

[Letterhead of your organisation]

Inspector-General of Police
Tan Sri Ismail Omar,
Ibu Pejabat Polis Diraja Malaysia,
50560 Bukit Aman,
Kuala Lumpur, Malaysia.
Tel: +603 2262 6015
Fax: +603 2272 5613

 

Dear Sir,

 

Re: Allow Legal Access to Mohd Hilmi Hasim Immediately

 

We are writing to you, once again, to express our outrage and our strongest condemnation over the arrest of Mohd Hilmi Hasim under the draconian law Security Offences (Special Measures) Act 2012 (SOSMA). Denying him his right to counsel is not only unconstitutional but contravenes the Universal Declaration of Human Rights as well.

 

We demand the government to release Mohd Hilmi Hasim immediately or charge him in open court. We also urge the government to guarantee the physical and psychological integrity and well-being of Mr. Mohd Hilmi Hasim and put an end to any acts of harassment, intimidation and any form of torture or ill treatment.

 

We strongly urge you, once again, to stop bringing shame to Malaysia with this abuse of fundamental human rights.

 

 

Yours sincerely,
[Name]

 

 

 

 

 

 

Cc To:

 

1. Dato’ Sri Mohd Najib bin Tun Abdul Razak,

Prime Minister of Malaysia,

Prime Minister’s Office,

Main Block, Perdana Putra Building,

Federal Government Administrative Centre,

62502 Putrajaya , MALAYSIA

Tel: 603-8888 8000 Fax: 603-8888 3444

E-Mail: [email protected]

 

2. Dato’ Seri Hishamuddin bin Tun Hussein

Minister of Home Affairs Malaysia

Blok D1 & D2, Kompleks D
Pusat Pentadbiran
Kerajaan Persekutuan
62546 Putrajaya

Tel: 03 8886 8000/ 3000

Fax: 03-88891613/03-88891610

 

3. Tan Sri Hasmy Agam,

Chairman,

Malaysian Human Rights Commission,

Level 11, Menara TH Perdana,

Jalan Sultan Ismail,

50250 Kuala Lumpur.

Tel: 03 26125600 Fax: 03 26125620

 

4. Mr. Malick El Hadji Sow

Working Group on Arbitrary Detention
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
8-14, avenue de la Paix
1211 Geneva 10, Switzerland
facsimile: +41 22 9179006

e-mail: [email protected]

EX-ISA DETAINEE BECOMES THE FIRST VICTIM OF SECURITY OFFENCES ACT 2012

PRESS STATEMENT : 7 FEBRUARY 2013

EX-ISA DETAINEE BECOMES THE FIRST VICTIM OF SECURITY OFFENCES ACT 2012

 

Ex-ISA detainee Yazid Sufaat was arrested under the Security Offences (Special Measures) Act 2012 at the Jalan Duta High Court around 12.30 in the afternoon. Yazid was arrested with his worker Mohd Hilmi Hasim. The arrest was made by a group of police officers from Bukit Aman led by Inspector Mani.

 

According to the investigating officer, Yazid was detained under Section 4(1) of the same act for allegedly promoting terrorist activities. Yazid was an ISA detainee from December 2001 till December 2008, and now he runs the cafeteria in the court.

 

Once arrested, Yazid and Hilmi were brought to Yazid’s house at Taman Bukit Ampang. Police searched the house for information. According to SUARAM lawyer Fadia Nadwa Fikri, she was told that police will be holding both of them for 48 hours under the Section 5 of the same act. This section allows police to deny the rights of a suspect to access a lawyer. Police have yet to inform which police station they are bringing Yazid and his worker.

 

The Security Offences (Special Measures) Act 2012 was established in Parliament in July 2012 as a replacement to the famous Internal Security Act (ISA). This act gives great power to police to investigate anyone arbitrarily without producing to court for 28 days. The right to see a lawyer is also denied in this new act. Clause 4(1) of the act also allows gives power to the police to arrest anyone without a warrant.

 

SUARAM condemns the act of police which definitely are against the human rights pricipals. The right to be produced in court and trialed is a fundamental right of any individual. This right is guaranteed under the Federal Constitution and the Criminal Procedure Code (CPC) where the suspect needs to be produced in front of a Magistrate within 24 hours.

 

Once again, the arrest of Yazid and Hilmi proves that human rights in Malaysia are continued to be violated. While civil societies pressuring the release of the rest of 23 ISA detainees currently, the government continues the coward act by using the Security Offences(Special Measures) Act 2012.

 

SUARAM calls upon the government to stop the arrest and investigation under this draconian law. SUARAM also urges the government to abolish the Security Offences (Special Measures) Act 2012 immediately.

 

Released by,
Syukri Razab
SUARAM Coordinator