Showing posts with label Attorney General. Show all posts
Showing posts with label Attorney General. Show all posts

Tuesday, October 28, 2014

總檢察署:捍衛伊斯蘭神聖,依布拉欣沒“煽動傾向”

【更新】總檢察署:捍衛伊斯蘭神聖‧依布拉欣沒“煽動傾向”


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(雪蘭莪‧八打靈再也27日訊)總檢察署指出,土權主席依布拉欣阿里針對日落洞國中事件所發表的言論不在“煽動傾向”的定義範圍內,因為依布拉欣阿里只是為了捍衛伊斯蘭的神聖。
總檢察署今日發表文告解釋,一項言論在被指具有煽動傾向之前,應該與其發表的場合看作是一個整體,而不能從環境上分離。
文告說,依布拉欣阿里是在日落洞國中事件發生的情況下作出有關言論,總檢察署從整體範圍研究此案後認為,該言論不歸類為“煽動傾向”。
指無意引起宗教騷動
“明顯地,依布拉欣阿里無意引起宗教騷動,而只是為了捍衛伊斯蘭教的神聖。”
文告還引述依布拉欣阿里的談話“這並不是在煽情或想引起宗教騷動,而是為了捍衛伊斯蘭的神聖性,這顯然已在法律裡”,這佐證依布拉欣阿里的無意。
文告也說,該言論也不能滿足觸犯刑事法典504條文(故意污辱及破壞公共安寧)的要素,因為依布拉欣阿里無意侮辱和挑釁,使得公共秩序受到威脅。
文告指出,此外,依布拉欣阿里也沒有觸犯刑事法典第298條文(在多元宗教的社群中製造仇恨)和298A條文(危害對團結或和諧的維護),因為前者是為了捍衛伊斯蘭的神聖性。
考慮證據無須帶上庭
“在日落洞國中外公開免費派發聖經的行動可能會破壞那些對宗教缺乏知識的穆斯林學生的信仰,尤其是在有關聖經還包含爪夷文字的時候。”
在考慮這兩宗案件的事實和證據後,總檢察長認為,兩宗案件都不宜被帶上法庭。
非專派馬來學生
無法對付派聖經者
文告指出,去年1月21日,武吉丁雅警察局接獲投報,指依布拉欣阿里發表充公和焚燒含有“阿拉”字眼和一些阿拉伯文和爪夷文字的馬來版聖經的言論。
文告說,這是根據網絡媒體自由今日大馬於1月19日題為“土權主席告訴穆斯林:焚燒阿拉聖經”的文章而舉報。依布拉欣阿里是在檳城瑪拉工藝大學舉辦的土權大會發表上述言論。
在依布拉欣阿里發表談話之前,有人報警指1月17日下午1時,3名華裔男子在學校門前分發口袋型英文版聖經給國中學生,包括穆斯林學生。
在這2次報案後,警方展開調查,並將之歸類為刑事法典298A條文,並呈交報告給總檢察署,以進行後續行動。
有關日落洞案的報告已經於去年9月17日呈交給總檢察署,當局將投報列為“無法展開進一步行動”的案件,因為沒有確鑿的證據顯示,聖經只是發給馬來學生而已。
“當時的情況是,任何人都可以向嫌犯領取聖經,調查也顯示,嫌犯沒有意圖把聖經分發給馬來學生而已。因此不符合刑事法典298A條文以及1996年檳城伊斯蘭刑事條例第5條文的條件。”
12月3日,武吉丁雅警局針對依布拉欣阿里案件的調查呈交給總檢察署後,也被列為“無法展開進一步行動”的案件。
摘錄依布拉欣致詞內容
文告也摘錄依布拉欣阿里致詞時的談話,內容如下:
依布拉欣阿里致詞時說:“就如昨晚所說,我呼吁信奉伊斯蘭的馬來人,充公……充公和焚燒。這不是情緒化或要掀起宗教騷動,而是要依據法律中所闡明的條文,維護伊斯蘭的神聖。
“我們已經勸告,我們已經呼吁,我們已經強迫他們為所採取的行動負責任,但是還是發生,如果繼續發生,我只好希望穆斯林充公和焚燒。只有這個方法了。
“所以我希望昨晚發生的不再發生,以避免不愉快的事情發生。但是如果還是繼續,雖然他分派給非穆斯林學生,但是別派給穆斯林學生。如果國文版聖經出現`阿拉’字眼,有一些爪夷文字如昨天那樣,我們將會充公,我們要求穆斯林充公和焚燒。”
“是的,聖經有爪夷文字會造成混淆,昨晚分派的是新約聖經,我們不是要吵架,是為了維護伊斯蘭。
“我呼吁他們所有負責任的人停止這麼做,他們必須向負責的人展示聖經,也就是製作成國文版的人,瞭解法令後才分發聖經,千萬別碰觸穆斯林感到敏感的事項。”
【本篇內容已在2014-10-28更新。】
(星洲日報)
来源: http://news.sinchew.com.my/node/393417?tid=1

Speaking about context, what about other sedition cases?

Datuk Ibrahim Ali's threat to burn Bibles containing the word 'Allah' last year was deemed to have been made in the context of defending Islam and hence it was acceptable. – The Malaysian Insider file pic, October 27, 2014. 
Datuk Ibrahim Ali's threat to burn Bibles containing the word 'Allah' last year 
was deemed to have been made in the context of defending Islam and hence 
it was acceptable. – The Malaysian Insider file pic, October 27, 2014

Context, the Attorney-General Chambers said today, was the important ingredient to consider when deciding whether Datuk Ibrahim Ali committed sedition when he threatened to burn bibles that contained the word "Allah" last year.
"As decided by the court, before a statement is said to have seditious tendencies, the statement must be viewed in the context it was made ...
"When studied in its entire context, Datuk Ibrahim's statement is not categorised as having seditious tendencies.
"It was clear Datuk Ibrahim Ali had no intention to create religious tensions, but was only defending the purity of Islam‎," the AGC said, noting the Perkasa chief also said: "This is not a sentiment or (an attempt) to provoke religious tensions, but to defend the purity of Islam which is clearly (stated) in the laws."
"He also did not commit any offence under Section 298 or 298A of the Penal Code as he was clearly defending the purity of Islam."
Right. So the context is this, Ibrahim was not charged because he said he was not attempting to provoke religious tensions but was defending the purity of Islam.
Well, to put it in context, that is a half-baked explanation by the AGC, a comment after the fact.
In any court, this type of mitigation would have been laughed at.
Can the AGC explain what made the legally correct statement by the late Karpal Singh and academics Dr Azmi Shahrom and Dr Aziz Bari seditious? What was their context that made them liable for sedition?
In their statements thus far, none of these three stand-up individuals caused an affront to the dignity of another religion or community. Their words were factual and based on the law of the land.
Yet, one was convicted of sedition and the other two face sedition charges. And many others run the risk of being prosecuted without knowing the context of the offence.
But the one individual who has consistently caused the mercury of race and religion to rise in Malaysia is being defended by the AGC and the federal government.
How's that for context in Malaysia? – October 27, 2014.
Source: http://www.themalaysianinsider.com/malaysia/article/speaking-about-context-what-about-other-sedition-cases







Saturday, October 11, 2014

Play ball or save credibility, ex-law minister Zaid tells Nancy

Published: 11 October 2014

De facto Law Minister Nancy Shukri was given the task of making unpopular statements on behalf of the government, and she did so in order to remain a minister, former cabinet member Datuk Zaid Ibrahim, who resigned from government on principle, said in his latest blog post.
Nancy, a minister in the Prime Minister's Department, was not entirely to blame for her statement explaining why Perkasa president Ibrahim Ali was not charged for threatening to burn Malay Bibles, but she was also "playing ball", said Zaid, a former de facto law minister in the Barisan Nasional government.
"She wants to remain a minister and she is prepared to play ball, and to do what is asked of her.
"Compromising her credibility as a lawyer is not too high a price to pay. To each his own," Zaid said in his blog.
Zaid was in the cabinet under Tun Abdullah Ahmad Badawi's administration but quit in September 2008 over disagreements with the administration on the use of the now-repealed Internal Security Act.
Drawing from his experience, Zaid said it was likely that the police and Attorney-General (A-G) had used Nancy to issue the statement as they were unwilling to face public ire over the case.
"Her explanation for why the government would not act against Ibrahim Ali for his call to the burn Bibles was probably not her own idea.
"Knowing a little bit about how our Cabinet works, I suspect Nancy did not prepare the statement, but was told to use it since she is the person in charge of matters of law in the Prime Minister’s Department," said Zaid.
He said police must have been aware the public expected Ibrahim to be charged with sedition or under other provisions of the Penal Code.
"The police, realising the potential public outcry over the decision not to prosecute (Ibrahim), passed the buck to the A-G. After all, under our system of government, the final decision rests with the A-G.
"But the AG is also a smart cookie. He is not a cabinet member, nor does he occupy a seat in Parliament. He doesn’t need to explain the decisions he makes. He is not accountable to anyone, other than the prime minister."
Zaid said "the smart cookies" in the government then did what they have always done: ask the de facto law minister to take the rap.
He said he had faced a similar situation when he held the same position in 2008.
"They tried the same tactic with me on the ISA arrests, the Lingam tape case and other issues in 2008, and expected me to defend the decisions made and issue their statements.
"But I stood by what I believed in; naturally, I was not able to stand for long in the post!" said Zahid, who had resigned from the Cabinet that year and was later sacked from Umno.
But, Zaid said, Nancy would never "say no" as long as she was a minister, and that she believed it was her duty to make statements that her colleagues in the ruling government told her to.
On Tuesday, Nancy had said in a written parliamentary reply that police decided not to act against Ibrahim over his call last year to burn copies of the Bible containing the word “Allah” because he was merely defending Islam.
Nancy said police concluded that his words were only directed at specific individuals, and were not a threat to the larger society.
She said this in a written parliamentary reply to Bagan MP Lim Guan Eng, who had asked if Ibrahim would be charged over remarks made in 2013 and if not, why.
The use of Islam as the reason not to prosecute Ibrahim has angered Christians, civil society and other Muslims.
Global Movement of Moderates CEO Datuk Saifuddin Abdullah said the government could not use Islam as an excuse not to charge Ibrahim, as his threat was not in line with the religion.
“Based on the verses of the Quran and the tradition of the Prophet, it is clear that the Minister’s argumentation does not reflect the true teachings of Islam and cannot be used to justify such statement from Datuk Ibrahim," said the former deputy higher education minister in a statement on Thursday. – October 11, 2014.
Source: http://www.themalaysianinsider.com/malaysia/article/play-ball-or-save-credibility-ex-law-minister-zaid-tells-nancy