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Sunday 27 April 2014

Umat Islam di M'sia belum bersedia untuk hudud, kata Dr M

Women can’t have sexual relations unless married, says defiant Abu Azmi

Mumbai: Samajwadi Party leader Abu Azmi today defended his remarks that a woman and a man entering into sexual relations outside marriage should be punished, drawing sharp criticism from activists.

"Our religion does not allow women to have sexual relations with anyone, except her husband. If a man and a woman decide to have sexual relations with consent, then both of them should be punished," he told PTI.

Azmi has made these remarks in his reply submitted to the Maharashtra State Commission for Women (MSCW), which had asked him to explain his earlier statement that women who have sex outside their marriage must be punished too.

Invoking Islam, the MLA, who appeared before the Commission today, said a woman in illicit relation should be punished along with the man involved.

Azmi said at times, law is misused by women. "If a woman voluntarily enters into a relationship with a man and later complains against him, it can have disastrous consequences."

Reacting to Azmi's reply, MSCW Chairperson Sushiben Shah said it is not right on part of the SP leader to cite religion and deprive women of their rights.

"The Constitution of India, the Supreme Court and Protection Against Domestic Violence Act have given acceptanceto live-in relationships and provided protection to women, including Muslim women," Shah said.

"The law of the land should be applicable to all women irrespective of their religion, caste or creed," Shah added.

Shah said since Azmi has raised a religious matter, she would examine and act accordingly. "We would like to see that regressive remarks are not made by people sitting on high positions in society." PTI

Jail For Four Men Who Sexually Attacked Girl 20 Times

Article imageFour Buckinghamshire men have been found guilty of twenty sex offences against one girl.
The 14-year-old was forced to take part in sexual acts and have sex a number of times between December 2011 and July 2012.

During their three week trial, Nazakat Mahmood, Ghulfaraz Nawaz, Omar Sharif and Haroon Rauf told Reading Crown Court that they thought she was 17.

But after Mahmood, Nawaz and Rauf were arrested, Sharif contacted the girl and said he'd undermine her statement.

He then blackmailed her into having sex with him.
Investigating officer Det Con Natalie Golding from Aylesbury Major Crime said:
“This was abuse of a young vulnerable girl in the most horrific way.
“All four men used this girl and then, when she had the courage to come to police, they denied the offences and continued to deny them.
“I want to thank the victim here for her bravery in coming forward and helping us to put these men behind bars.
“Hopefully this will go some way to showing other victims of sexual offences that we will listen to you and we will take you seriously.”
The full convictions are:
  • Nazakat Mahmood, aged 28, of Batchelors Way, Chesham was convicted of seven counts of sexual activity with a child and two counts of causing or inciting a child to engage in sexual activity.
  • Ghulfaraz Nawaz, aged 27, of Benham Close, Chesham, was convicted of two counts of sexual activity with a child.
  • Haroon Rauf, aged 30, of Drakes Close, Amersham, was convicted of two counts of sexual activity with a child, one count of assault by beating,
  • Omar Sharif, aged 25, of Brockhurst Road, Chesham, was convicted of six counts of sexual activity with a child.
They'll all be sentenced on May 16.

Bar praises judges for individual judgments in constitutional case

The Malaysian Bar has commended the three Court of Appeal judges for writing separate judgments in declaring a provision under the Peaceful Assembly Act (PAA) as unconstitutional yesterday.

Its president Christopher Leong (pic) said it was always important, particularly in constitutional issues, that each member of the Bench fully addressed his own minds to the issue and have his own articulation as to the reasoning for his decision.

"We look forward to reading the full text of their written judgments," Leong said in a statement.

The landmark ruling of Judges Datuk Mohd Arif Mohd Yusof, Datuk Mah Weng Kwai and Datuk Hamid Sultan Abu Backer will be made available on Monday.

All three were practising lawyers before they were elevated to the bench.

Members of the legal fraternity also praised the move by the three appellate court judges to deliver separate judgments.

Robert Lazar said separate judgments promoted the development of the law which is of public importance.

"In this case, they have come to the same conclusion but appear to have taken different approaches. The legal fraternity is eager to know what were the legal principles established," he said.

Lazar noted that it was common in matured judiciaries like in the United States, the United Kingdom and Australia for judges to write individual judgments.

Meanwhile, Andrew Khoo Chin Hock, who is also chairman of the Bar Council’s Human Rights Committee, said knowing how the judges arrived at a decision was as important as the decision itself.

"Such good practice should be encouraged as we will know what was in the mind of the judges," he added.

It is common practice for federal and appellate judges to deliver one written judgment if their decision is unanimous. Only if there is a dissenting judge in a case, would there be a separate judgment written by the dissenting judge.

One notable exception to the norm was the 1988 case in which Lim Kit Siang, who was then Parliamentary opposition leader, had challenged the government's plan to award the RM3.4 billion North-South highway to UEM, a company linked to Umno.

The then Supreme Court judges wrote separate grounds in a decisive 3-2 verdict in favour of the government. The bench dissolved Lim's earlier interim injunction obtained from the High Court on grounds he was a mere busybody and had no locus standi in the matter.

Yesterday, in acquitting the Selangor legislative assembly deputy speaker Nik Nazmi Nik Ahmad of a charge of not giving 10 days’ notice of a rally, the appellate court judges affirmed the fundamental right of citizens to assemble peacefully.

Nik Nazmi, who is also Seri Setia state assemblyman, was charged under the Peaceful Assembly Act for not giving notice to hold the Blackout Rally at the Stadium Kelana Jaya last year, in the aftermath of the general election.

He failed last November to get the Shah Alam High Court to strike out the charge against him on grounds that sections 9 (1) and 9 (5) of the PAA were unconstitutional.

High Court judge Noor Azian Shaari said the two clauses of the PAA, which were the basis of the charge against Nik Nazmi, were reasonable and did not go against Article 10 of the Constitution on grounds of national security.

Nik Nazmi ran the risk of being fined up to RM10,000 and if convicted, faced the prospect of being disqualified from public office.

The appellate court judges yesterday said it was ironic to declare a peaceful assembly illegal as this was not stated in the PAA.

Leong said the Bar agreed that section 9(5) of the PAA is unconstitutional as it made it an offence for failing to give a 10-day notice to the police before holding a meeting.

“We also agree that Section 9(1) of the PAA is constitutional as it required a rally organiser to give 10 days notice to the police.

Leong said the Bar had always maintained the position that Article 10 of the Federal Constitution guaranteed the rights of peaceful assembly and of expression.

"These rights must necessarily include the right to protest, whether at a fixed or designated place or by way of a procession.

“The proviso in Article 10(2)(b) cannot be construed or applied to defeat these fundamental rights," he added.

Leong said the proviso only allowed the authorities to impose such restrictions as necessary or expedient in the interests of national security.

He said the authorities would take measures to facilitate all peaceful assemblies and in doing so, may impose only such restrictions as are necessary to address a particular public order issue.

Leong said it was to be noted that an assembly which was violent or intended to be violent did not in the first place qualify as a right guaranteed under Article 10(1) as a peaceful assembly.

"Section 9(1) of the PAA on the 10-day notice period ought to be read in light of the above constitutional provisions to provide the police with sufficient time to consider, plan and implement measures to facilitate a peaceful assembly," he said.

He also said the constitution, the PAA and the Court of Appeal did not recognise non-peaceful assembly as a right and action may be taken under the Penal Code. – April 26, 2014.

Obama given red carpet welcome

Malaysia wished "Selamat Datang" or "Welcome" in Malay to United States President Barack Obama as it rolled out the red carpet at an official welcoming ceremony for the American leader.
 
Obama had earlier flown into Kuala Lumpur to begin a three-day state visit to this Southeast Asian nation of 30 million people.
 
He was joined at the event at the hill-top Parliament Building in the Malaysian capital by the Yang di-Pertuan Agong Tuanku Abdul Halim Mu'adzam Shah.
 
Also present were Prime Minister Najib Abdul Razak and Deputy Prime Minister Muhyiddin Yassin.
 
After the national anthems of both countries were played, Obama inspected a guard-of-honour mounted by 107 officers and men from the First Battalion of the Royal Malay Regiment led by Major Amriza Mohd Asshari.
 
The visit to Malaysia, part of Obama's four-nation tour of Asia, is a first by a sitting US president in 48 years since President Lyndon B Johnson's trip in 1966.
 
Obama had visited Japan and South Korea. The final leg of his Asian trip is the Philippines.
 
The ceremony at the Parliament Square was also marked by a 21-gun salute.
 
Cabinet ministers were later introduced to the visiting president during the occasion which was also attended by members of the diplomatic corps.
 
Obama will head to Malaysia's federal administrative capital Putrajaya on Sunday for talks with Najib before going to nearby Cyberjaya for the launch of the Malaysian Global Innovation and Creative Centre (MaGIC) which will provide a platform for entrepreneurs to expand their wings.
 
Other highlights of Obama's visit is his town hall session with youth leaders from across Southeast Asia and a visit to the National Mosque.

Prison going against court order, says Uthayakumar’s wife

The Kajang Prisons Department is not complying with the High Court order by placing the Hindraf leader with other hardcore criminals.

PETALING JAYA: A committal proceeding has been filed against the Kajang Prisons Department for not complying with the High Court order that jailed Hindraf leader P Uthayakumar should be placed with other political prisoners.

Uthayakumar’s wife S Indra Devi told FMT that the proceeding was filed by lawyers M Manoharan and M Manogaran at the High Court yesterday.

Kajang prison director Abdul Wahab Abdul Kassim and prison officers Sajideh Samin and McKenzie were named as respondents. The date to hear the notice of the motion is not yet known.

Uthayakumar’s counsels also requested for High Court Judge Mohd Azman Husin to preside over the matter and to give judgment as to why his directives were not followed.

“The saddest part is that although he is a politician, he is placed together with hardcore criminals.

“He’s not a murderer, drug dealer or even an armed robber. Why are they treating him like a hardcore criminal?” Indra Devi told FMT today.

She added that Judge Mohd Azman’s orders to allow Uthayakumar to meet with his family members for an hour every week has also not been obeyed.

“Despite the court order, sometimes the police chase me off, telling me I cannot meet him.

“If the judge did not allow me to meet him, then that’s fine. But the judge did allow me. It seems like everything is in the police’s hands and not the judge’s.”

She added that it has been two weeks since she last spoke to her husband.

“Usually he will call me every Wednesday. But he has not been done so for the past two weeks. The privileges for him to call once a week should also continue,” she stressed.

She claimed that the police has currently placed her husband in a “dark room”, she believes this is due to her husband having angered the prison department officials.

“Because he has made a lot of complaints on behalf of the other prisoners, that’s the reason why he was placed in a dark room.

“He does not deserve to be in a dark room. I was told that those with heart problems should not be in such a room.

“He has complained of chest pains. And sleeping on the floor has not helped his prolapsed disc,” she said.

Indra Devi also expressed hope for Prime Minister Najib Tun Razak to make time and “see for himself the condition of Uthayakumar”.

“I believe the letters that have been sent to the Prime Minister will make him realise that Uthayakumar does not deserve to be in prison,” she said.

Uthayakumar was jailed for two years and six months after he was found guilty under the Sedition Act on June 6, 2013.

He found himself in trouble with the authorities for having written a letter to former British Prime Minister Gordon Brown in 2007 claiming that Malaysia was indulging in the ethnic cleansing of minority Indians.

IGP told to stop being arrogant

PKR vice president N Surendran urges the Inspector General of Police Khalid Abu Bakar to respect court ruling that renders the need to inform police on public gatherings as unconstitutional.

PETALING JAYA: Stop being arrogant and respect the court’s ruling, said PKR vice president N Surendran to Inspector General of Police (IGP) Khalid Abu Bakar today.

The PKR leader said this after English daily New Straits Times reported Khalid as saying that the public were still obligated to inform the police if they want to hold public assemblies and to comply with Section 9 (5) of the Peaceful Assembly Act (PAA).

“Section 9 (5) states it is an offence when one does not give a minimum 10 days notification to the police when holding a gathering. With the section being struck down by the court, there is no legal obligation for the public to notify the police.

“In short, it is no longer an offence if the gathering group fails to do so. Khalid should stop being arrogant and irresponsible on the matter,” said Surendran.

Yesterday, the Court of Appeal judges unanimously ruled that Section 9 (5) of the PAA, which criminalises anyone who fails to give a minimum 10 day’s notice before holding public gatherings, as unconstitutional.

Justice Mohammad Ariff Md Yusof, in presiding over Parti Keadilan Rakyat’s (PKR) former strategic director Nik Nazmi Nik Ahmad’s appeal to strike out a charge under the PAA, said that the legislation was fundamentally flawed.

Surendran, who is also Padang Serai MP, said that the public could still notify the police on the holding of public gatherings, on a voluntary basis, to get police assistance in traffic control and other issues.

“Indeed, it is expected that most organisers of large gatherings will continue to notify the police of the date and venue of their gatherings.

“But the right to peaceful assembly cannot be subjected to a criminal sanction. I urge Khalid to abide by the ruling made by the Court of Appeal,” he said.

‘You have no right to block hudud’

PAS president Abdul Hadi Awang tells ally to steer clear of Kelantan's move to implement hudud law, adding that he is willing to discuss the issue with anyone, including Umno.

PETALING JAYA: Firing a warning at his allies, PAS president Abdul Hadi Awang said that PKR has no right to block the implementation of hudud law in Kelantan.

According to Bernama, the PAS supremo was reported to have said this during a fund raising event held at the Pusat Tarbiyah Islamiah Kelantan (Putik) last night.

Hadi also said that he was willing to hold discussions with anyone so that people could understand how the Islamic law would be applied in the state.

“We are willing to hold discussions with anyone, including Umno,” said the Marang MP.

It is not clear on why Hadi had targeted his criticism against PKR, as the party has yet to make an official stand on the matter.

Yesterday, DAP national organising secretary Anthony Loke launched a scathing attack against PAS, calling for the Islamist party to quit Pakatan Rakyat if it was bent on implementing hudud in Kelantan.

Loke said that the implementation of hudud was not part of Pakatan’s Common Policy Framework.

“As a principled and responsible political party, PAS should respect and abide by the framework it agreed to when it joined Pakatan.

“If PAS is determined to go ahead with its plans (hudud), then it should do the honorable thing and withdraw (from Pakatan),” the Rasah MP was reported saying.

The Kelantan state government is planning to submit two private member bills to the Parliament in June to implement hudud law in the state.

Minister in the Prime Minister Department Jamil Khir Baharom, who is in charge of Islamic affairs, had voiced his support and said that the government would not block the bill.

Several other Umno leaders, including veteran Tengku Razaleigh Hamzah, had also voiced his support for hudud to be implemented in the state.

However, the move received disapproval from several quarters, including former prime minister Dr Mahathir Mohamad, who said that such a move would not help dispense justice to Muslims.

Tengku Razaleigh bimbang hudud PAS Kelantan wujud konflik agama

(Bernama) - Anggota Parlimen Gua Musang Tengku Razaleigh Hamzah bimbang hukum hudud yang dirancang dilaksanakan PAS di Kelantan boleh menimbulkan konflik agama bagi rakyat berbilang kaum di negara ini.

Beliau berkata sejak PAS menimbulkan semula isu itu, sudah nampak bantahan daripada kalangan bukan Islam, dan PAS juga jelas menolak segala pandangan mana-mana parti gabungannya dalam pakatan rakyat.

Katanya keadaan itu sesuatu yang mungkin berdepan dengan kerumitan dan sudah tentu perlu merujuk kepada Perlembagaan negara yang menjadi asas kekuatan kehidupan rakyat berbilang kaum di negara ini.

“Bagi kita orang Melayu dan parti Umno tidak menjadi masalah dalam perkara tersebut (hukum hudud),” katanya ketika berucap pada majlis Perjumpaan Profesional Muda Tempatan di sini, hari ini.

Tengku Razaleigh yang juga Ketua Umno bahagian Gua Musang berkata masalah yang bakal dihadapi itu perlu difikirkan bersama, sama ada mereka yang berjawatan tinggi atau penduduk biasa, yang berpegang kepada ajaran Islam.

Katanya Perkara 8 Perlembagaan negara adalah rujukan yang jelas kepada rakyat berbilang kaum di negara ini supaya tidak menimbulkan perpecahan yang boleh menjejaskan keamanan negara.

Sebelum ini, PAS Kelantan melalui anggota Parlimennya akan membawa usul rang undang-undang persendirian (hukum hudud) di Dewan Rakyat bagi mendapatkan kebenaran melaksanakan Enakmen Kanun Jenayah Syariah (2) 1993 selewat-lewatnya Disember ini.

President Obama Must Address Malaysia’s Human Rights Record

(WASHINGTON, D.C.) – On the eve of President Obama’s visit to Malaysia, Amnesty International USA urges him to publicly address the deteriorating human rights situation in the country.

The President must send a clear message to the Malaysian authorities that increasing restrictions on free speech and ongoing human rights violations by the police are unacceptable and incompatible with the country’s human rights obligations.

“President Obama’s visit to Malaysia – the first of a U.S. President in almost 50 years – offers a crucial opportunity to push the authorities on much needed human rights reforms,” said T. Kumar, Director of International Advocacy, Amnesty International USA.

A series of recent developments demonstrate the increasingly restrictive space in which civil society, human rights defenders and opposition politicians can operate in Malaysia.

In March this year, a court in Malaysia overturned the acquittal of opposition leader Anwar Ibrahim on politically motivated “sodomy” charges. The authorities have consistently harassed him for years, in a blatant attempt to silence one of the opposition’s most important voices.

In another case, human rights defender Lena Hendry is facing politically motivated charges as a result of her legitimate work. She was arrested on July 3, 2013 and subsequently charged under the Film Censorship Act 2002 for screening a documentary about alleged war crimes in Sri Lanka.

In January 2014, the government declared illegal the civil society grouping COMANGO – a coalition of Malaysian non-governmental organizations formed to raise human rights concerns at the United Nations.

“Human rights in Malaysia are increasingly coming under attack, and President Obama must speak out on behalf of all those whose voices are being silenced by the Malaysian authorities,” continued Kumar.

President Obama should demand the repeal or else amendment of the range of laws used by the Malaysian authorities to arrest and imprison activists and human rights defenders and to curtail free speech. These include the notorious Sedition Act, the Official Secrets Act, the Printing Press and Publications Act and the Peaceful Assembly Act.

Amnesty International USA also urges President Obama to highlight continuing human rights violations committed by the Malaysian police. There are ongoing reports of torture, other ill-treatment and deaths in police custody, fatal shootings and excessive use of force and firearms. Many such allegations are not adequately investigated and suspected perpetrators are rarely held to account, creating a climate of impunity which perpetuates further violations.

“President Obama should tell Malaysian Prime Minister Najib Razak that enough is enough – Malaysia’s human rights record must improve,” said Kumar.

Amnesty International

Obama should rap Putrajaya’s human rights record, says lawyer in Wall Street Journal



 By EILEEN NG - TMI

With Kuala Lumpur keen to present its best image as a moderate country during Barack Obama's visit this weekend, a prominent lawyer has called on the US president not to be hoodwinked and instead, to rap Putrajaya's human rights record and be aware of rising extremism.

In an opinion piece in the Wall Street Journal (WSJ), Bar Council Human Rights Committee co-chair Andrew Khoo (pic) said Obama should not buy into the fiction that Putrajaya is trying to showcase; that Malaysia is a moderate Muslim-majority democracy, a model of interracial and interreligious diversity heading for developed nation status by 2020.

The Barisan Nasional-led federal government will also try to present itself as an ally in combating arms proliferation and transnational crime, and friend of the United States in Asia, Khoo wrote.

"President Obama should not accept this fiction or defer to the Malaysian government because of regional security concerns. Instead, he would do well to note the sorry state of its human rights and call for greater respect for civil liberties.

"President Obama needs to deftly use his public appearances and statements to demonstrate concern about what is happening in Malaysia – and to say what many Malaysians fearfully cannot.

"The usual mantra of moderation can no longer conceal the escalation of extremism and repression," Khoo wrote in the international news and business daily.

Obama arrives today from South Korea on a three-day visit as part of his Asia trip that also took him to Japan. He leaves on Monday for the Philippines.

In his opinion piece titled The Myth of Malaysia's Moderation, the lawyer shone the spotlight on the rising racial and religious extremism since the 13th general election last year.

In citing examples, Khoo made references to the persecution of Muslim Shia and Ahmaddiya Islamic sect, the ban on Christians using the Arabic word "Allah" to describe God, Putrajaya's declaration of human rights coalition Comango as unlawful and the use of a colonial-era law Sedition Act against the government's detractors.

He said recent legislative changes introduced by Najib are the "opposite of needed reform", citing laws that outlaw street demonstrations and allow for indefinite detention without trial against those involved in serious criminal offences.

"Prime Minister Datuk Seri Najib Razak has promoted Malaysia internationally as a leader in a global movement of moderation. But these actions show the government is anything but moderate.

"Mainstream newspapers, many of which are owned by political parties within the government, brazenly promote such double-speak. Those who dare to criticise put themselves at risk of vituperative attacks from extremist groups, police investigation and politically motivated prosecution," he wrote. – April 26, 2014.

Draw Strength From Ethnic, Religious Diversity For Brighter Future - Obama

KUALA LUMPUR, April 26 (Bernama) -- United States President Barack Obama said the US and Malaysia can draw strength from their ethnic and religious diversity and hope from history to carve a brighter future for the next generation.

In his remarks at a state banquet hosted at Istana Negara in conjunction with his three-day state visit to Malaysia, Obama noted that while the US and Malaysia may be different as nations, their people shared similar hopes and aspirations.

"I believe that whether we come from a remote village or a big city, whether we live in the United States or in Malaysia, we all share basic human aspirations - to live in dignity and peace.

"(We want) to shape our own destiny, to be able to make a living and to work hard and support a family.

And most of all, to leave the next generation something better than what was left to us," he said.

At the banquet graced by the Yang di-Pertuan Agong Tuanku Abdul Halim Mu'adzam Shah and Raja Permaisuri Agong Tuanku Hajah Haminah, Obama said these were the aspirations that can illuminate a new era of partnership between the US and Malaysia.

The American president sprinkled his remarks with a few Malay words, a gesture that was well received by the audience, as shown by their appreciative applause.

At the start of the speech, he wished those present "selamat petang" (good evening) and ended it with "terima kasih banyak" (thank you very much).

In between, he used the word "bekerjasama" when touching on the partnership between the US and Malaysia, as well as "boleh spirit" in reference to the "Malaysia Boleh" mantra which loosely translates as "Malaysia Can Do It".

Obama flew into the Malaysian capital at about 5pm Saturday for the visit to Malaysia as part of his four-nation tour of Asia that started in Japan followed by South Korea while his final stop is the Philippines.

His trip here was the first by a sitting US president in 48 years since President Lyndon B. Johnson's trip back in 1966.

Recalling Johnson's trip here nearly 50 years ago, Obama said the former president had written in his memoirs "of how impressed he was by the extraordinary vitality and eagerness he saw in the faces of people here and throughout Southeast Asia".

"And I m eager to see that same 'boleh' spirit tomorrow when I have the opportunity to speak with young people from across Southeast Asia at Universiti Malaya," Obama said at the event which was also attended by Prime Minister Datuk Seri Najib Tun Razak and his wife, Datin Seri Rosmah Mansor.

Turning to Najib, he said: "Mr Prime Minister, I look forward to our work together, and I pledge to infuse our efforts with that same spirit.

"Tonight, I simply want to express my gratitude for the generosity that you ve shown us today -- a generosity the people of Malaysia have extended to my family since I was elected (as president)."

Obama also shared with his audience an episode in his life, relating to his mother's love for batik, a material that is common to Malaysians.

The president alluded to a batik exhibition showcasing some of his mother s batik collection organised at the Islamic Arts Museum Malaysia two years ago.

"My mother loved batik. I remember when I was a boy growing up in Jakarta, she d come home from village markets with her arms full of batik and she d lay them around the house and look at them, and make dresses out of them," he said.

"And I was a young boy so I wasn t as excited as she was," he quipped, drawing laughter from the crowd.

Obama pointed out that for his mother, batik was not about fashion but was representative of the work and the livelihood of mothers and young women who had painstakingly crafted them.

"It was a window into the lives of others -- their culture, and their tradition, and their hopes. And it meant so much to her and it was part of her spirit.

"And so I m deeply grateful to the people of Malaysia for celebrating that part of my mother s life. It was very kind of you," Obama said.

He took the opportunity to say thank you for the "extraordinary hospitality" shown towards him and his delegation.

"And on behalf of my country, I want to thank the Malaysian people for the wonderful welcome that you extended to us today," he said, expressing his delight at being able to make the historic visit to Malaysia.