The Malaysians Against Death Penalty and Torture (MADPET) has voiced its concern regarding the classification of Global Ikhwan Services and Business Holdings Sdn Bhd (GISBH) as an "organized criminal group" by Malaysian authorities. MADPET argues that this label, typically reserved for triads and violent criminal gangs, should not be applied loosely to organizations without clear evidence of such serious offenses.
MADPET’s co-founder, Charles Hector, in a public statement, highlighted the dangers of broadly applying the term “organized criminal group” to any group committing a crime, no matter how minor. He pointed out that this categorization should be limited to groups involved in serious criminal acts like murder, violence, and extortion, rather than being applied to any group simply because more than one person is involved in a Penal Code violation.
This issue arose following the recent charges against GISBH CEO Datuk Nasiruddin Mohd Ali, his wife, and 21 others under Section 130V(1) of the Penal Code. This section defines membership in an "organized crime group" and carries a severe punishment of five to twenty years in prison if convicted.
Hector, who is also a human rights lawyer, elaborated on the problematic nature of the law. He explained that Section 130U of the Penal Code once clearly defined serious offenses as those punishable by ten years or more in prison. However, this definition was removed in the 2014 Penal Code Amendment Act, creating ambiguity around what constitutes a "serious offense" today. This change, according to Hector, means that even minor offenses could potentially be classified as organized crime.
The use of this broad definition is particularly concerning to MADPET because Chapter VIB (Organized Crime) in the Penal Code is tied to the Security Offences (Special Measures) Act 2012 (SOSMA). This means that those charged under this section may be subject to the harsh provisions of SOSMA, including detention without trial. MADPET fears this wide interpretation of organized crime could lead to its misuse by authorities and an infringement on civil liberties.
Hector further expressed frustration with the government’s expanded definition of organized criminal groups, emphasizing that such a label should be restricted to groups like the Mafia or other violent gangs. He warned that under the current legal framework, even two or more individuals engaged in consensual acts or minor crimes like theft or illegal assembly could be charged under organized crime statutes, subjecting them to SOSMA’s severe measures.
In the case of GISBH, MADPET believes there is no basis for categorizing the organization as an organized crime group. Hector argued that the decision to classify any group in this way should not rest solely with the police but should involve an independent body, including members of parliament, to ensure transparency and fairness.
Hector also raised concerns about the impartiality of investigations into GISBH, particularly given allegations that the group has ties to Islamic deviations. He questioned whether Muslim law enforcement officers could objectively investigate non-religious crimes in this context, suggesting that non-Muslim officers might be better suited to lead such investigations to avoid any potential bias.
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