Madpet questions possible pre-conviction penalties in GISBH probe

Malaysians Against Death Penalty and Torture (Madpet) has expressed concern about police and state actions against Global Ikhwan Services and Business Holdings (GISBH), related or subsidiary companies and individuals, including employees.

Madpet sounded a reminder that the initial complaint was an allegation of child abuse.

It warned against the possibility of the imposition of pre-conviction punishments that may cause irreversible damage to businesses and workers before a court has made a determination of guilt.

It also called on law enforcement to stick to investigating crimes against children and other alleged crimes such as violations of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 rather than probing religious deviations.

“Leave investigation of ‘religious deviation’ or Islamic offences to the respective Islamic religious authorities.

“Also, the courts, not enforcement agencies, should issue orders under the act,” said Madpet’s Charles Hector in a statement today.

Rule of law

He pointed to Prime Minister Anwar Ibrahim’s assurances that the rule of law and principles of administration of justice must be complied with.

Charles said the government must ensure that “no punishment”, some with irreparable damages, is not imposed, more so on innocent persons and/or entities.

Pre-conviction punishments that have been already imposed must be speedily revoked or varied, he said.

“To date, it has been reported that various actions have been taken against other premises in the group, the freezing of accounts, the seizure of vehicles, property and others.

“Remember that the initial report on Sept 11 was about the crime of child abuse and sexual crimes at children homes allegedly run by GISBH and/or its subsidiaries, which are usually crimes committed by individual persons, not business entities.

“The individual perpetrators must be identified, investigated and charged – but it is unjust to also now act against sources of income and/or companies they own or work in, actions that have a significant, if not irreversible, impact to one’s livelihood and life,” he said.

Don’t be quick to blame

Charles said that Malaysia must not be like the governments of Israel or US which were quick to blame Hamas without any trial or court’s determination of guilt or identity of the perpetrators.

“There was pressure by Israel, US and others to lay blame on Hamas after the attacks on Oct 7, 2023, but UN member states, even those in the Security Council, did not want to prematurely accuse Hamas without due process, as the possibility existed that it always could be that the crimes were committed by other ‘terrorist’ groups, who were not linked to and/or controlled by Hamas.

“A perusal of UN Security Council resolutions passed to date, sees that there is an absence of any provision that categorically blames Hamas for the attack and atrocities of October 2023, but the abuse of the veto power by those who wanted the UN to lay blame on Hamas has to date prevented the UN from taking a more concrete action,” he added.

Charles warned that similar actions against GISBH, its subsidiaries, its leaders and persons associated or working in GIBSH-linked businesses may be premature, and in violation of the proper administration of justice.

“One important consideration must be the presumption of innocence until proven guilty in a court of law, which is accepted in Malaysia,” he said.

Seizures under act

Charles cited Inspector-General of Police Razarudin Husain as saying that to date, a total of 153 accounts linked to GISBH worth RM882,795.94 have been frozen.

“He said 38 vehicles, estimated to be worth RM3.94 million, and 14 plots of land, the value of which is still under investigation, were also seized.

“The freezing of the accounts was carried out under Section 44(1) of the act, while the seizures were made under Section 45(2) of the same act.

“A total of 26 animals, consisting of nine horses, 14 rabbits, and three peacocks, as well as cash amounting to RM18,650 and two watches valued at RM600, were also confiscated.”

Charles said it was shocking that these Section 44 freezing orders are orders of the enforcement agency and not court orders, and this is dangerous and not just.

“These orders require the enforcement agency to have reasonable grounds to suspect that an offence has or will be committed or the enforcement agency has reasonable grounds to suspect that the property is the proceeds of an unlawful activity or the instrumentalities of an offence.

“It is absurd for an enforcement agency themselves to issue orders based on whether they, the agency, have the needed reasonable grounds. It must be some other – best the courts.

“Madpet believes that it must be the courts that issue such Section 44 orders after determining the validity of the enforcement agency’s reasonable grounds. If not, such powers can/may be easily abused by the enforcement agency,” it said.

Selangor Friday sermon condemns GISBH's alleged child abuse

Look beyond GISBH, Zaid tells PM on report to rulers

IGP: Loyal GISBH members awarded with posts, wives

Cops propose search, seizure of closed GISBH premises in S'wak, Sabah

GISBH: Cabinet to discuss future of rescued children next week

Jais to investigate 612 people linked to GISBH - S'gor exco

Cops receive 10 reports over unpaid wages against GISBH