On
27/05/2013, Yazid Sufaat and Muhammad Hilmi Hasim were rearrested for terrorism
under the Security Offences (Special Measures) Act (SOSMA) 2012. They were
arrested under section 130K (a) of the Penal Code, which falls under SOSMA, for
harbouring terrorists for terrorist activities.
On
20/5/2013, Yazid Sufaat, the man named in 9/11 Commission Report who is
detained with another two suspects are acquitted by High Court of Kuala Lumpur.
The High Court threw out the initial charges against Yazid, Muhammad Hilmi and
Halimah, after allowing their applications to strike out the charges for
“inciting unrest” in Syria.
When
handing down the judgment, Justice Kamardin Hashim said the court was satisfied
that there was merit in the submission by the defence pertaining to the charges
and the application of SOSMA, which was enacted under Article 149 of the
Federal Constitution. In his judgment, Kamardin said Article 149 was only
applicable for acts of threats in Malaysia. He released them because they are
not threat to Malaysia and citied that their activities only inciting unrest
in Syria.
In
my opinion it is a narrow interpretation of the Article 149 and section 130G
(a) of SOSMA because they provoking terrorist activities against an independent
nation using Malaysia as the base. This intricately allows other countries
labeling Malaysia as the country that harbourning terrorism. The implications
of such labeling have huge impact on economic and political mileages of
Malaysia internationally. It’s had a detrimental means on national security
further because the history had proven in USA and UK that allowing a known
terrorist freely has the explicit implication on peace and security. The latest
terrorist attack in London had proven on this view.
Yazid
previously detained by the Malaysian authority shortly after the September 11th
World Trade Centre attacks in USA under Internal Security Act which was
repealed in 2012. Later he was released by authorities from detention in
Kamunting when they convinced that he was fully
rehabilitated. Unfortunately, in February he and two others were detained
on the suspicious that they may involve with terrorist related activities.
Yazid was charged under section 130G (a) of the Penal Code while the others
were charged under section 109 of SOSMA.
He
has been suspected as the main recruiter because two Malaysians who had been
detained in Lebanon early this year are closely associated with him. Apart from
that in December 2012, a Malaysian named as Mohd Noor Fikrie Abd Kahar, 26,
shot dead by Philippine police at a hotel after a scuffle with police who
wanted to inspect a sling bag carried by his wife containing a homemade bomb
also closely related to Yazid according to Phillipines authorities.
Now
they are rearrested by the authority. The hardcore terrorists are always
dangerous to the society and nation. Even though they seem to be reluctant to
launch any attacks here in Malaysia but the possibility for such attack launch
in Malaysia is imminent.
With recent attacks that had
happened in Boston, Moscow and London, the legitimacy of the Royal Malaysian
Police (RMP) to rearrest the know terrorists is justifiable. The pattern of the
terrorist attacked in those cities is very similar. By radicalizing the young
minds to turn against their own nation is the method used by terrorist group
like Al Qaeda and its affiliated group like Jemmah Islamiyah. The London and Boston attacks further proved
on this notion.
Further there are some Malaysian
terrorists named under the Security Council resolution i.e. The Consolidated
List established and maintained by the 1267 Committee with respect to Al-Qaida,
Usama bin Laden, and the Taliban and other individuals, groups, undertakings
and entities associated. They are Wan Min Wan Mat, Yazid Sufaat, Amran Mansor, Abdul
Manaf Kasmuri, Zulkepli Bin Marzuki and Zulkifli Abdul Hir as regarded as the
potential terrorists. The authority is able to detain again Yazid but others
fate is unknown.
Until now, all their terrorist
activities are done outside of Malaysia. In future there are possibilities that
they can turn against this nation. That’s the biggest security challenge face
by Malaysia authority now.
Under SOSMA, the arbitrary powers to
detain an individual indefinitely and without charge are no longer available. To
fight against global terrorism such gaps will give great advantage for
terrorists. Therefore, the law must provide the necessary platform to the
authority to detain a known terrorist who becomes threat to the national
security even though some human rights activists may disagreed with me.
Again, national security is
paramount. National sovereignty with peace and security are the important
pillars of an independent nation. Therefore the intelligence and enforcement
agencies in Malaysia must be vigilant and take serious measures to contain any
threats from these terrorists because a hardcore terrorist cannot be
rehabilitated.
In nutshell, a terrorist is a
terrorist always.
Kuala Lumpur.
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