Malaysians Against Death Penalty and Torture (Madpet) is appalled by the crimes committed by people and officers from the Israeli Zionist regime on about 400 people, including those from Malaysia, aboard the Global Sumud Flotilla, which set sail last month for Gaza.
It is sad that Prime Minister Anwar has still not come out strongly saying that Malaysia will prosecute the perpetrators for terror offences, human trafficking and other crimes.
The flotilla members from Malaysia (and elsewhere) were forcibly abducted at sea outside Israel and then forcibly taken to Israel and detained. There are also allegations of torture.
They were also denied the fundamental human right to consult and be represented by a lawyer of their choice. They were treated like undocumented migrants who entered Israel without permission, which is baseless.
They were allegedly pressured, deceived, misrepresented or tricked, resulting in some allegedly admitting to the crime of illegally entering Israel.
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara (ALIRAN), Maybank a/c 507246118995 or CIMB a/c 8004240948
- Make a pledge or schedule an auto donation to Aliran every month or every quarter
- Become an Aliran member
Iylia Balqis, a 28-year-old activist from Malaysia, was reported as saying that Israel’s interception of the boats was “the worst experience”.
“We were handcuffed (with hands behind our backs), we couldn’t walk, some of us were made to lie face down on the ground, and then we were denied water, and some of us were denied medicine,” she said… – France 24, 4 October
Paolo Romano, a regional councillor from Lombardy in Italy, said they tried to force them to admit they had entered Israel illegally.
“But we never entered Israel illegally. We were in international waters and it was our right to be there.”
On landing, they were taken to a prison and held there without being allowed out and were not given bottled water, he said. “They were opening the door during the night and shouting at us with guns to scare us,” he said. “We were treated like animals.” – France24
Turkish journalist and Gaza Sumud Flotilla participant Ersin Celik told local media outlets he witnessed Israeli forces “torture Greta Thunberg”, describing how she was “dragged on the ground” and “forced to kiss the Israeli flag”.
Malaysian activist Hazwani Helmi and American participant Windfield Beaver gave similar accounts at Istanbul Airport, alleging Thunberg was shoved and paraded with an Israeli flag.
“It was a disaster. They treated us like animals,” Helmi said, adding that detainees were denied food, clean water, and medication. – Al Jazeera, 4 October
Anwar’s response lacking
As such, just the facilitating the safe return of these people to Malaysia is simply not enough. Malaysia needs to do more.
We cannot ignore the fact that they are all victims of serious crimes and violations of human rights – abduction or kidnapping or worse, human trafficking. They were also allegedly tortured, violated and had their human rights violated by ‘persons unidentified’ but most likely linked to the Zionist regime of Israel.
Such crimes against Malaysian citizens cannot be treated lightly or ignored. These are serious crimes, which could also be terror offences, or even trafficking in people offences.
It would be best if Malaysia charged the suspected criminals for crimes they committed against Malaysians or their families. Failing which, Malaysia will be a laughing stock – for failing to prosecute these criminals who made Malaysians victims.
Mere relief for their release without prosecuting the criminals is not justice.
Charge them in Malaysia
Trial in absentia is possible. Universal jurisdiction allows a state to prosecute certain serious crimes regardless of where they were committed and irrespective of the nationality of the accused or the victim.
Malaysia has already proclaimed it has universal jurisdiction for, among others, terrorism offences and human trafficking.
Attention should be drawn to the Malaysian delegation’s statement at the United Nations in New York on 17 October 2013, where it was said:
For Malaysia, any exercise of universal jurisdiction must be based on enabling domestic law. Malaysia already has in place its domestic legal framework which provides for extra-territorial criminal jurisdiction. Of foremost relevance is in relation to terrorism offences whereby section 4 of the Penal Code of Malaysia established the extra-territorial application of the offences while section 22 (a)(v) of the Court of Judicature Act 1964 empowers the courts to take jurisdiction over those offences. In relation to other offences such as trafficking in persons, computer crimes, and money laundering which also give extra-territorial application, the court’s jurisdiction is provided therefore under the respective laws. – The Scope And Application Of The Principle Of Universal Jurisdiction at the sixth committee of the 68th session of the UN General Assembly, 17 October 2013
Madpet believes that Malaysia can already prosecute the criminal suspects in this case, as it certainly is a terrorist offence or a trafficking of people offence.
Note that in the Anti-Trafficking In Persons And Anti-Smuggling Of Migrants Act 2007, “trafficking in persons” means all actions of recruiting, conveying, transferring, acquiring, maintaining, harbouring, providing or receiving, a person, for the purpose of exploitation, by the following means:
(a) threat or use of force or other forms of coercion;
(b) abduction;
(c) fraud;
(d) deception;
(e) abuse of power;
(f) abuse of the position of vulnerability of a person to an act of trafficking in persons; or
(g) the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person;…
It must be noted that in Malaysia, a criminal trial can proceed even if the accused chooses not to attend court to be charged or for the trial, as provided for in Section 425A of the Criminal Procedure Code, making it possible to have a trial in absentia.
That section was introduced to deal also with situations where the accused could not be brought to court to be charged and tried.
‘Passive personality principle’
This involves the right to prosecute criminals where the victims are Malaysians.
It is right that Malaysia claims the right in law to be able to prosecute in Malaysian courts, perpetrators of crimes against Malaysians. No more should a foreign national who raped, killed or committed a crime against a Malaysian outside Malaysia be able to escape being prosecuted by Malaysia in Malaysian courts. Enact the law to make this happen.
Additionally, regarding crimes committed against a citizen of the prosecuting state, universal jurisdiction can be applied under the “passive personality principle”, which permits a state to assert jurisdiction based on the nationality of the victim rather than the offender or the location of the crime.
Countries that permit universal jurisdiction based on victim nationality (the passive personality principle) in their legal frameworks now include Brazil, Ethiopia, India and Italy.
There is no reason why Malaysia cannot be the same, and have the capacity to act against perpetrators of crimes against Malaysian victims committed overseas.
Reconsider the Rome Statute
This Rome Statute provides another avenue to court for Malaysia to prosecute criminals or states.
Malaysia withdrew its accession to the Rome Statute, the treaty establishing the International Criminal Court (ICC). Although Malaysia had acceded to the statute in March 2019, it rescinded this decision a month later in April 2019.
If Malaysia [had not rescinded its decision], then it would have had the ability to also use the ICC, but it now does not [have that ability now].
Madpet urges Malaysia to review its decision and accede to the Rome Statute again, so that it will have an additional venue to access justice, especially when Malaysians are victims of foreign nationals or states.
Political will and guts
Madpet prays that Prime Minister Anwar Ibrahim and the Malaysian government have the needed political will and guts to ensure justice is done. Criminals should be prosecuted for their crimes, and victims should be entitled to adequate compensation and an apology.
Let not maintaining or strengthening diplomatic relationship result in a ‘soft’ stance, thus allowing the perpetrators of crimes and injustice to escape without having to pay for their crimes and rights violations.
Act fast
Investigate and identify the individual perpetrators and prosecute them.
Malaysia needs to act fast to identify the individuals and officers who committed the crimes and prosecute and take legal action against them – and not just lay blame on the Zionist regime of Israel or Prime Minister Benjamin Netanyahu.
It is not justice when the Malaysian government compensates the victims of deaths in custody, but the actual criminal officers get off scot-free without being tried, convicted and sentenced, or without even paying damages from their own pockets. It is not justice done when the real perpetrators end up not paying for their crimes.
So, ensure that the individual criminals are identified and prosecuted, not just the Israeli government. Israel has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. So the acts of torture and others by these Israeli officers are reasonably also crimes in Israel itself; thus, these individuals will be personally responsible for their wrongdoings or crimes.
Non-action or prosecution of individual perpetrators will only create greater impunity amongst these Israeli officers and those involved. – Madpet
Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture (Madpet)
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
