Thursday, August 30, 2012

JAIS arrest of book distributor an abuse of power and disregards legal rights


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Faisal who was today summoned for questioning, on advice by his lawyer Afiq M. Noor of Lawyers for Liberty had informed JAIS that he was exercising his right to silence as provided for under the law. In response JAIS informed Faisal that he was under arrest under section 215 of Enakmen Tatacara Jenayah Syariah (Negeri Selangor) 2003 for failing to answer the questions of religious officers.
 
Lawyers for Liberty  
Jabatan Agama Islam Selangor (JAIS) today arrested Faisal Mustaffa, Managing Director of independent book distributor Merpati Jingga in connection with Irshad Manji’s Bahasa Melayu translation of Allah, Liberty & Love - Allah, Kebebasan dan Cinta.  

Faisal who was today summoned for questioning, on advice by his lawyer Afiq M. Noor of Lawyers for Liberty had informed JAIS that he was exercising his right to silence as provided for under the law. 

In response JAIS informed Faisal that he was under arrest under section 215 of Enakmen Tatacara Jenayah Syariah (Negeri Selangor) 2003 for failing to answer the questions of religious officers. If convicted, he can be fined up to RM2,000 or one year imprisonment or both. His lawyer who was accompanying Faisal was also ejected from the interview for advising his client. Faisal was however released on the same day after bail was obtained.

The arrest makes a mockery and a serious contravention of Section 61 of the same enactment which prohibits any religious officers from making any threat, inducement or promise in order to obtain a statement.

This arrest followed JAIS’ raid on Merpati Jingga office on 12 June 2012 where they confiscated 28 copies of books found in the premises including Allah, Kebebasan dan Cinta.  

Lawyers for Liberty views with serious concern JAIS’ harassment, abuse of power and complete disregard for the legal rights of an accused person which amounted to a serious assault on the freedom of speech and the legal safeguards as guaranteed by the Constitution and the law. 

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