TV3's JI broadcast runs into a storm
Private television station TV3 has been accused of breaching fundamental human rights and media ethics by screening the purported confessions of four Malaysians, alleged to be terrorism suspects. Critics further charge that this may have amounted to contempt of court.
Private television station TV3 has been accused of breaching fundamental human rights and media ethics by screening the purported confessions of four Malaysians, alleged to be terrorism suspects. Critics further charge that this may have amounted to contempt of court.
Levelling the accusations, Abolish Internal Security Act Movement (AIM) chairperson Syed Ibrahim Syed Noh expressed disappointment that TV3 had not heeded the body's call to cancel the broadcast of the pre-recorded interviews.
The four - Mohd Nasir Abas, Amran Mansor, Jaafar Anwarul and Shamsul Bahri Hussein - were interviewed in Indonesia where they are being detained. In TV3's special report, aired last Friday night, they apparently claimed to be members of regional terror group, Jemaah Islamiah (JI).
"TV3's action cannot be condoned," said Syed Ibrahim in a statement today.
He explained that the recording the interview itself had breached the fundamental rights of the four men enshrined in, among others, Article 9 of the International Covenant on Civil Political Rights and Article 95 of the Standard Minimum Rules for the Treatment of Prisoners.
He also said the interviews had subverted the men's rights to the due process of either being charged with an offence or being released.
"AIM is also concerned that the 'confessions' covered issues which are sub judice before the highest court of Malaysia, the Federal Court. There is a likelihood that TV3 has had committed contempt of court," Syed Ibrahim said.
He was referring to the pending appeals of 10 Internal Security Act (ISA) detainees - allegedly JI members - before the Federal Court. They are appealing against the Kuala Lumpur High Court's rejection of their habeas corpus applications.
Among the matters covered in their applications are issues similar to those raised during TV3's controversial broadcast including questions linked to the existence of JI and its alleged terrorist activities.
'Not credible'
Syed Ibrahim also pointed out that no detainee should ever be allowed to confess in a venue other than in a court of law.
AIM also cast doubts as to whether the statements of the four were given voluntarily and without coercion.
"AIM denounces the 'confessions' as being wholly inconsistent with the basic principles of humanity, as being character assassination by the media and as being not credible," he said.
Syed Ibrahim said it was "disconcerting" that the government had allowed TV3 to interview the four without according them the necessary protection expected in upholding the human rights of citizens detained in foreign countries.
He urged the government and Human Rights of Commission of Malaysia (Suhakam) to look into the matter and bring the four back to face charges if necessary.
Suhakam commissioner Prof Hamdan Adnan had last week, blasted TV3 for the broadcast, saying that it should not make a "mockery out of the press ethics."
Prime Minister Abdullah Ahmad Badawi was quoted in the press today as saying that the 'confessions' proved that terrorists pose a major threat in Southeast Asia. His deputy, Najib Abdul Razak , meanwhile said the disclosure by the four showed that the government's actions against militants are justified.
Legal moves
When contacted, lawyer Edmund Bon told malaysiakini that the statements of Abdullah and Najib also "bordered on contempt of court".
"If there is a real JI threat, then charge all JI-linked detainees under terrorism offences instead of putting them under ISA ... charge them now," he said.
The lawyer, who represents the10 ISA detainees mentioned above, had earlier said that his legal team was considering filing an application at the Federal Court against TV3 for contempt of court.
"Our legal team has taped the programme. Now we need time to watch and analyse it. On a prima facie basis, we think it is a contempt of court," he said.
Deputy Information Minister Donald Lim, when contacted, declined to comment on the controversy.
"I will have to consult my ministry's legal advisor first, I do not want to be cited for contempt of court," he said.
In a related development, Inspector-General of Police Bakri Mohamed Omar said the police had no plans to seek the extradition of the four men.
"It's up to the Indonesian authorities to take action under Indonesian law," Bernama quoted him as saying.
He added that any decision would only be made after the four had served out any sentence meted out to them under Indonesian law.
The JI is blamed for a string of terror attacks in the region including the Bali bombings which killed more than 200 people in October 2002. About 80 JI suspects are being held in Malaysia under the ISA.


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