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Five of 12 suspects recently arrested over alleged involvement in activities linked to the Liberation Tigers of Tamil Eelam (LTTE) terror group, have filed habeas corpus applications today to secure their immediate release.
DAP Legal Bureau chairperson Ramkarpal Singh (above) told reporters that the applications were filed at the Kuala Lumpur High Court through a team of lawyers led by him late afternoon today.
The habeas corpus applications were on behalf of Seremban Jaya assemblyperson P Gunasekaran and Gadek assemblyperson G Saminathan. The three others are S Arivainthan, and DAP members V Suresh Kumar and S Chandru.
Ramkarpal said they cited several reasons as grounds for the applications, including that provisions under the Security Offences (Special Measures) Act 2012 (Sosma) were not strictly complied with in the suspects' arrests.
"Because in such laws, strict compliance of the law is necessary for every matter which deprives the liberty of a subject.
"That is the basis of the applications," he told a press conference outside the KL Courts Complex.
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Among the other reasons cited in the suspects' supporting affidavits were that they were not told by police the details of what offence they were being investigated for, and that the police had allegedly only allowed them access to a lawyer after the time period as stipulated under Sosma.
They also claimed that the Home Ministry and the government, named as the fourth and fifth respondents in the applications, had no reason to keep LTTE in the country's list of terror groups.
The other respondents named in the detainees' applications were Special Branch's Counter-Terrorism Division (SBCTD) chief Ayob Khan Mydin Pitchay, inspector Muhammad Safwan Muhammad Ismail, and the inspector-general of police.
According to Ramkarpal, the suspects also denied any involvement with LTTE, and this is the allegation that he said the authorities would have to prove.
He said that the lawyers would also file a certificate of urgency so that the matter would be heard as soon as possible.
"We are confident that based on the reasons cited, we have a good chance of succeeding in the applications."
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The five were arrested in two series of SBCTD operations carried out on Oct 10 and 12 across seven states.
During the first series of raids on Oct 10, police arrested seven suspects in Malacca, Negeri Sembilan, Selangor, Kuala Lumpur, Perak, and Kedah.
They included the two state assemblypersons.
The second series of raids in Selangor, Malacca and Penang saw the other five nabbed on Oct 12.
Besides the five, another suspect in the case, a restaurant owner from Sungai Buloh, Selangor had filed his own habeas corpus application last week through a lawyer at the Shah Alam High Court.
His lawyer S Selvam said that the hearing for the application was initially scheduled for this morning, but had been postponed to Thursday.
No need for Sosma to address terrorism
Meanwhile, a DAP central executive committee member said the authorities should have not resorted to using Sosma in LTTE investigation.
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Ronnie Liu (photo), who was at the court complex, told reporters that Sosma was a draconian law that is the product of the old regime.
"As far as we are concerned, the LTTE was defunct since 10 years ago. So, to us, it is a non-issue. So DAP wants all those arrested, including DAP leaders and non-leaders, to be freed immediately," he said.
Liu said the country also does not need Sosma as it already has enough laws to address the problem of terrorism.
"We DAP believe that the existing law is sufficient to take care of terrorists, without Sosma.
"(The authorities) can use existing laws to take care of terrorists. We have enough laws to deal with these terrorists."
His sentiment was supported by a group of Otai Reformis activists, who were also present, saying that Malaysia should do without inhumane laws like Sosma. - Mkini
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