Love of a Brother – Justice for IS Convict
On June 29, 2016, Mahathir Abdul Rahman, and his family were shocked by the arrest of his brother Mustaza Abdul Rahman under the Security Offences (Special Measures) Act 2012 or famously known as SOSMA.
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Mustaza was detained due to suspicion of involvement with the Islamic State (IS).
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As the family of three generations of Royal Malaysian Police, it was the first time his family member had ever been detained and put in jail.
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The journey sparked Mahathir to fight for his brother’s rights and form the organisation Desak Sampai Mansuh to help the family of the detainees.
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This is Mahathir Abdul Rahman story of relentless fight and justice for his brother Mustaza as told to the team.
Source: Unsplash
The Arrest
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A week before the celebration of Eid ul Fitr, Mustaza was detained under the SOSMA Act after allegedly making a Facebook comment that sparked suspicion of the Malaysian Police. As the Acting Corporal at that time, Mustaza was doing his task as a police’s mechanic with his sergeant when he was handcuffed and flown by helicopter from Sungai Petani, Kedah to Batu Cantonment Camp, Kuala Lumpur.
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With zero knowledge of the law, Mahathir sought guidance from the National Oversight and Whistleblower Centre (NOW) that was endorsed by Akmal Nasir, a Member of the Dewan Rakyat at that time. The family was consoled by the lawyer from NOW and expected to pay RM80,000 for the legal guidance fee.
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In addition, Mahathir also sought advice from many significant figures and non-governmental organisations who had experience with SOSMA and the Internal Security Act of 1960 (ISA) such as Maria Chin Abdullah, Amir Abdul Hadi, SUHAKAM, SUARAM and many more.
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The arrest stressed the family as they faced two clashing opinions from lawyers and colleagues. One said to follow the police’s advice and the other believed the family should fight the arrest. It was an indecisive situation for Mahathir and his family.
Source: Amran Hamid
Fighting for Justic​e
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Eid 2016 was the most devastating time for the family knowing their son and brother in jail. After the 25th day of detention, finally, Mahathir was able to meet his brother. Mustaza at that time was still wearing the same clothes with oil stains from his work and bruised marks all over his legs as told by Mahathir.
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Looking at the situation and abundance of frustrations, Mahathir decided to fight for his brother. The first case hearing was conducted at Sungai Petani Magistrate Court and was postponed for over six months in total. During the six-month period, Mahathir met with a few families who had similar cases as his brother.
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Mahathir thought to himself that there was a grey area in the case that was similar to other families. They met up together and formed Gerakan Desak Sampai Mansuh. An organisation that focuses to fight and abolish draconian laws such as the Security Offences (Security Measures) Act 2012 (SOSMA), Prevention of Crime Act 1959 (POCA) and Prevention of Terrorism Act 2015 (POTA) that replaced the Internal Security Act 1960 (ISA) - abolished in 2012.
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After six months of living in uncertainty, Mustaza was charged under three charges; hiding information, supporting terrorism and bay’ah (pledge of alliance). Mahathir believed the charges were made due to complaints the family filed to fight for his brother. Unfortunately, the family lost in the High Court and Mustaza was given 12 years of imprisonment.
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The battle of fighting for his brother did not stop there as the family hired a new lawyer from the Democratic Action Party (DAP) Syahredzan Johan for Appellate Court. The court decided to drop one charge and the sentence shortens to 10 years of imprisonment. When the case was brought to Federal Court, they lost the appeal and the sentence remained.
Five years of battling in courts were a long time for Mahathir and his family to seek justice for Mustaza. Hence, he believed many Malay-Muslim that were detained under SOSMA chose to confess the alleged charges. He did his research and concluded that the sentence given to those who chose to confess was lesser than those who decided to challenge the arrest.
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However, even when the confessor is released after completing their sentences, they will bear the title of terrorist.
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