Anwar Ibrahim

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Malaysia: New anti-terrorism law a shocking onslaught against human rights Posted: 07 Apr 2015 11:35 PM PDT AI A new law that would allow terrorism suspects in Malaysia to be held indefinitely without charge, trial or judicial review, is a shocking onslaught against human rights and the rule of law, said Amnesty International. "Indefinite detention without trial is contrary to human rights law and it will not stop terrorism. Abandoning people to rot in a cell for years on end without a judicial process and proof that they have committed a crime is just like aimlessly stabbing in the dark. Authorities must ensure that human rights and fair trial guarantees are respected and protected," said Hazel Galang-Folli, Malaysia Researcher at Amnesty International. “Abandoning people to rot in a cell for years on end without a judicial process and proof that they have committed a crime is just like aimlessly stabbing in the dark. Authorities must ensure that human rights and fair trial guarantees are respected and protected.” Under the newly enacted Prevention of Terrorism Act (POTA), a board will be established to approve detention or restriction orders for individuals "in the interest of security of Malaysia". A suspect can first be detained for 59 days without charge before being presented to the board. This body, which will be appointed by the King and will be outside of the jurisdiction of any court, will have the power to renew detention orders indefinitely. Its decisions cannot be appealed. The POTA is reminiscent of Malaysia's Internal Security Act (ISA), abolished in 2012, which also allowed for indefinite detention without trial. The new law has not included the necessary safeguards to ensure fair trials and respect of human rights so it could be just as susceptible to abuse as the widely condemned ISA, which was used to unjustly detain government critics and created a climate of fear in the country for decades. "With the stroke of a pen, Malaysia has managed to get one step closer to becoming a 'human rights black hole' where fundamental rights to a fair trial or freedom of expression and peaceful assembly, even if enshrined in the Malaysian constitution, are increasingly being undermined in the name of national security," said Hazel Galang-Folli. Today, the Malaysian government also tabled amendments to the colonial-era Sedition Act, including increasing jail terms from three years to up to seven years on conviction and up to 20 years if a suspect is convicted of sedition with causing bodily harm or damage to property. The proposed amendments could also disallow bail for those charged. In recent months, the Sedition Act has been used to arbitrarily arrest government critics including opposition leaders, human rights defenders, activists, journalists and human rights lawyers. "Authorities in Malaysia must immediately repeal the Prevention of Terrorism Act and the Sedition Act and release all those who have been detained under it only for expressing their opinions peacefully," said Hazel Galang-Folli.

Malaysia Resurrects Detention Without Trial, Alarming Government Critics Posted: 07 Apr 2015 11:31 PM PDT The New York Times BANGKOK — Three years after abolishing detention without trial, the Malaysian government revived the practice on Tuesday with the passage into law of a highly contentious antiterrorism bill that opposition leaders fear could be used against government critics. The bill, the Prevention of Terrorism Act, was passed early Tuesday by a vote of 79 to 60 after more than 10 hours of debate. The government, which arrested 17 people this week for what the chief of police said was a plot to attack army camps and police stations, has sought to justify the law as necessary to combat the threat of terrorism in Malaysia. Critics say the law is a further slide toward authoritarianism in Malaysia and a definitive reversal of personal freedoms that Prime Minister Najib Razak vowed to introduce soon after assuming power in 2009. The Prevention of Terrorism Act bypasses the judiciary and allows for detention for as many as 59 days at the discretion of the police. Suspects can be held for two years, renewable for an unlimited period of time, on the decision of a Prevention of Terrorism Board, whose members are appointed by the country's sultan. In Mr. Najib's early years in power, his program of liberalization featured the abolishment in 2012 of the Internal Security Act, a law that allowed for detention without trial and was used against government opponents and anyone who presented a vaguely defined threat. But in recent months, Mr. Najib has hewed to a hard line. He faces both an ascendant opposition and an open revolt within his own party. In November, he announced that he would toughen another law that he once vowed to abolish: the Sedition Act, a British colonial relic that calls for jail terms for anyone who "excites disaffection" against religion, the country's sultans and the government. On Tuesday, Mr. Najib's coalition introduced changes to the Sedition Act in Parliament, including an increase in the maximum jail term to 20 years, up from five. The revised law would also rule out bail in certain cases. Malaysian lawyers are among the most vocal critics of both the antiterrorism law and planned changes to the Sedition Act, which are likely to pass, given Mr. Najib's comfortable majority in Parliament. "Now free speech is being exterminated," Michelle Yesudas, a Malaysian lawyer, said in a Twitter post. She circulated a modified picture on social media of the board game Monopoly in which nearly every square said, "Go to jail." Eric Paulsen, another Malaysian lawyer, said on Twitter, "Soon we will have farcical scenes like in Egypt where half of the opposition/dissidents will be behind bars on political trials." About 20 people, including journalists, opposition politicians and a university professor, have been charged with sedition over the past year. On Friday, Zulkiflee Anwar Ulhaque, a cartoonist who goes by the name Zunar, was charged with nine counts of sedition for criticizing a decision in February by the country's highest court to uphold a five-year prison term for Anwar Ibrahim, the leader of the opposition. Mr. Zunar called the judges who upheld the sentence for sodomy "lackeys in black robes." Human rights groups have criticized the jailing of Mr. Anwar, who was one of Mr. Najib's biggest rivals. The opposition has staged demonstrations urging his release. But Mr. Najib also faces fierce opposition from one of the leading personalities inside his own party, Mahathir Mohamad, a former prime minister who still wields influence and whose views are widely circulated. Mr. Mahathir wrote on his blog last week that the Malaysian people "don't trust Najib." He listed a number of scandals, including the murder of a Mongolian model by Mr. Najib's bodyguards and a government investment fund set up by Mr. Najib that has teetered on the edge of insolvency. Mr. Mahathir predicted that the governing coalition, which has won every election since independence from Britain in 1957, would be voted out of power if Mr. Najib remained as prime minister.

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