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KL High Court denies bail for M’sian assemblyman charged for allegedly supporting Sri Lankan Tamil separatist group

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5 years ago

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The Kuala Lumpur High Court on Wed (29 Jan) dismissed a bail application filed by a Malaysian assemblyman who was charged under under Section 130J of the Penal Code for allegedly providing support to a Sri Lankan Tamil separatist group.

Bernama reported Judicial Commissioner Ahmad Shahrir Mohd Salleh as saying in his judgement that the ruling was made on the grounds that LTTE is classified as a terrorist group by the Malaysian Home Ministry.

“The LTTE is still gazetted as a terrorist group in this country and KDN [Home Ministry] has not dropped them from the list, despite claims that the group has been disbanded in its country of origin, Sri Lanka,” he said.

Datuk Ahmad Shahrir also noted that the court will usually “deny bail for offences which provide for life imprisonment or the death penalty”.

Those found guilty of an offence committed under Section 130J (1)(a) of the Penal Code may be subject to life imprisonment or a maximum jail term of 30 years or a fine, if convicted.

G. Saminathan, a member of the Melaka State Legislative Assembly representing the constituency of Gadek, plead not guilty to charges made against him pertaining to his alleged support for the Liberation Tigers of Tamil Eelam (LTTE) at a function in Ayer Keroh last Nov.

Saminathan was also charged with one count of possessing LTTE-related items in a mobile phone at the Human Resources and Consumer Affairs exco office in Chief Minister’s Department in Melaka last Oct.

Additionally, he was also charged for allegedly supporting the group via Facebook using the name ‘Gsami Nathan Siva’.

The Court has fixed 11 Feb for case management.

“Gross injustice” to deny bail solely on the basis of an offence carrying life imprisonment: MADPET

Human rights activist Charles Hector Fernandez said on Wed (29 Jan) — on behalf of the MADPET(Malaysians Against Death Penalty and Torture) initiative —  that it is a “gross injustice to deny bail, simply because the offence one is charged with carries the death sentence, life imprisonment and/or a long prison term”.

Citing Article 11(1) of the Universal Declaration of Human Rights — which provides for the presumption of innocence until proven guilty “according to law in a public trial at which he has had all the guarantees necessary for his defence” — Mr Fernandez said that that the judge had “erred, as even for murder, which carries the mandatory death penalty, bail has been granted in the past in Malaysia”.

“Thus, even for offences that carries the sentence of life imprisonment, bail can and ought to be granted. In the case of the late Datuk Balwant Singh, and the case Samirah Muzaffar, both who were charged with murder that carries the mandatory death penalty if convicted, bail was granted,” he added.

Mr Fernandez also highlighted that in today’s age, “the possibility of electronic tracking device which makes it very difficult for anyone to abscond”, in addition to retaining the accused’s passport, which serve the same purpose as bail in making sure that the accused shows up to court.

“A grave injustice is committed to any person denied bail, who is charged with an offence but is later found not guilty by the court. It affects not just the accused person but also his/her family and dependents.

“It is unjust when many, especially the poor, languish in detention until their trial is over simply because they simply cannot afford to furnish bail. This raises the possibility that many innocent persons will simply opt to plead guilty and serve out definite prison terms, rather than languish in detention for an indefinite period whilst their trial proceeds.

“Malaysia may want to consider what neighboring Thailand does through its Criminal Justice Fund that helps the poor be out on bail, amongst others, during their trial. The money can also used for criminal defence,” said Mr Fernandez.

Pakatan Harapan must repeal “draconian” SOSMA: MADPET

MADPET in its statement yesterday also urged the Pakatan Harapan government to repeal the Security Offences (Special Measures) Act 2012 (SOSMA) as promised in the coalition’s Election Manifesto in 2018.

“If a longer remand period, more than 14 days is required for certain serious offences, the maximum remand period for the purpose of investigations could be extended to 28 days, provided the requirement for further remand orders by Magistrates after hearing both parties is maintained,” Mr Fernandez said.

He added that the Malaysian government should not only repeal terrorist offences — given that Malaysian law has already criminalised such offences — but also review and publish a list of “current listed terrorist or criminal organizations”.

SOSMA, alleged Mr Fernandez, contains “draconian” provisions that allows the use of evidence that are considered inadmissible under Malaysia’s Evidence Act in trials, and for the use of ‘special’ unfair Criminal Procedures to be used during trial.

“Essential (Security Cases) Regulations 1975 (ESCAR), which was similar to SOSMA today, saw the Malaysian Bar and lawyers in the name of justice protesting and even calling for boycott of cases that used ESCAR.

“SOSMA ought to be repealed, not simply amended if we believe in fair trial,” he urged.

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Civil Society

Thailand withdraws reservation on refugee children’s rights, welcomed by UN Human Rights Office

Thailand’s withdrawal of its reservation on Article 22 of the CRC is hailed by the UN, marking a key step in enhancing protections for refugee and asylum-seeking children.

Published

1 week ago

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6 September 2024

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The UN Human Rights Office for South-East Asia (OHCHR) has praised Thailand for its decision to withdraw its reservation on Article 22 of the Convention on the Rights of the Child (CRC), a move expected to improve the protection of refugee and asylum-seeking children in the country.

Cynthia Veliko, the OHCHR Representative for South-East Asia, hailed the decision, calling it “a significant, positive step” toward aligning Thailand’s laws with international standards. “This move helps protect the rights of all children on the move, no matter their nationality or origin,” Veliko said.

The Thai Cabinet’s decision to withdraw the reservation took effect on 30 August 2024. Article 22 of the CRC ensures that refugee and asylum-seeking children receive protection, humanitarian assistance, and equal access to services provided to national children, in line with international human rights laws to which Thailand is a party.

This withdrawal is also expected to strengthen the implementation of Thailand’s National Screening Mechanism (NSM), introduced on 22 September 2023.

The NSM grants the status of “protected person” to individuals who cannot return to their home countries due to the fear of persecution. However, despite these legal advancements, children without legal status in Thailand remain at risk of being detained in immigration facilities.

The UN has raised concerns over the continued detention of children despite the Thai government’s 2019 Memorandum of Understanding on Alternatives to the Detention of Children (MOU-ATD). The UN Committee on the Rights of the Child has reaffirmed that every child has a fundamental right to liberty and should not be detained based on their migration status.

Veliko urged Thailand to focus on ending child immigration detention and adopting human rights-based alternatives.

“Children on the move are children first and foremost,” Veliko stressed, adding that detention due to migration status is never in the best interests of children.

The UN Human Rights Office expressed its readiness to assist the Thai government in developing alternatives to detention, ensuring that all children receive the protection and care they need.

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Civil Society

FORUM-ASIA condemns Myanmar junta’s forced conscription expansion, urges international action

FORUM-ASIA condemns Myanmar’s military junta for expanding forced conscription, calling it a desperate bid to maintain power. The policy, affecting men aged 35 to 60, adds to a long list of human rights violations, including forced labor and the use of civilians as human shields.

Published

2 weeks ago

on

4 September 2024

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The Asian Forum for Human Rights and Development (FORUM-ASIA) has condemned the Myanmar military junta’s recent decision to expand the age limit of its forced conscription policy, calling on the international community to stand in solidarity with the people of Myanmar.

The move is seen as a desperate attempt by the junta to maintain control in the face of a growing pro-democracy resistance movement.

On 25 August 2024, Senior General Min Aung Hlaing announced the introduction of a new “security system with public participation.”

This system would require men aged 35 to 60 to serve as guards, potentially placing them on the frontlines of conflict. The announcement follows the formation of the Central Supervisory Committee for People’s Security and Anti-Terrorism on 16 August, tasked with organizing military training and overseeing “people’s security and anti-terrorism” groups at various administrative levels.

The junta’s plan builds upon the forced conscription policy it implemented on 10 February 2024, invoking the 2010 People’s Military Service Law.

The law mandates men aged 18 to 35 and women aged 18 to 27 to serve two years in the military, with professionals like doctors and engineers potentially serving up to five years. Those who evade service or assist others in doing so face up to five years in prison. As part of this policy, the junta planned to conscript 5,000 individuals monthly from April 2024.

Civilians as Human Shields and Forced Labor

FORUM-ASIA has condemned the junta’s forced conscription policies, highlighting the military’s history of using civilians as human shields and forcing them into hard labor.

The International Labour Organization’s Commission of Inquiry found in October 2023 that the military continues to impose forced labor amidst the ongoing armed conflict, a practice that has escalated since the 2021 coup attempt.

Local news and human rights groups have reported that the junta is also abducting and arresting citizens to use as human shields, further contributing to the human rights violations in Myanmar. Many youths, rather than being conscripted into fighting for a regime they oppose, have fled their homes to join the resistance.

United Nations Secretary-General António Guterres has expressed concern over the junta’s detention and recruitment of Myanmar youth. Meanwhile, Tom Andrews, UN Special Rapporteur on Myanmar, noted the junta’s increasing use of powerful weapons against civilians as troop losses and recruitment challenges mount.

Call for Action

FORUM-ASIA is calling on the Myanmar military junta to immediately halt its forced conscription, abductions, forced labor, and the use of civilians as human shields.

“FORUM-ASIA urges the international community, including the UN and ASEAN, to thoroughly investigate the Myanmar military junta’s long list of human rights violations. The junta should be held accountable for all its crimes through sanctions and other punitive measures,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

“The international community must urgently isolate the junta and support the people of Myanmar in their struggle for justice and freedom,” Bacalso added.

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