(The writer is a lawyer and post-graduate student at the Faculty of Syariah and Law, Universiti Sains Islam Malaysia)
LETTER | I am writing in response to the decision by the North Korean regime on March 19, 2021, to sever diplomatic relations with Malaysia. As a Malaysian, I think the focus should be directed to the Malaysian judiciary.
The decision made by the Federal Court to honour the extradition treaty between Malaysia and the US is exemplary. Extraditing Mun Chul Myong is the epitome of Malaysia’s relentless commitment towards strict enforcement in United Nations-backed sanction and global financial transparency.
Long has Malaysia been tarnished alongside other countries such as Belarus, Russia and India as amongst the breeding grounds for North Korean trans-boundary covert crimes.
In 2017, Glocom – a Malaysian based tech company – was identified by the United Nations as a front-company supporting North Korea’s cybercrimes global network.
Lest Malaysians forget, the murder of the estranged half-brother of Kim Jong Un – Kim Jong Nam – was carried out also in Malaysia in 2017. The murder has led to the suspension of diplomatic relations between both countries.
Thus, it is time for Malaysia to take a stern stand against the illicit criminal activities believed to be sponsored by the North Korean regime. Enough is enough. North Korea has to understand that decision was taken against a North Korean suspect, not against the North Korean government. Hence, the sovereignty of the North Korean regime remains intact.
Moreover, Mun Chul Myong was not a North Korean diplomat; an esteemed profession that is subject to another international treaty i.e. the Vienna Convention on Diplomatic Relations 1961.
If Mun Chul Myong was a diplomat, the issue of diplomatic immunity, amongst others, will come into play. In such a case, Malaysia will address the issue tactfully to avoid the recurrence of the expulsion of former North Korean ambassador Kang Chol as persona non grata in 2017.
In either situation, Malaysia has to act objectively, and such objectivity is guided by universal values such as the rule of law and natural justice. Mun Chol Myong has been afforded the right to a fair trial in Malaysia up to the ultimate level, the Federal Court.
During the extradition proceedings, his defence lawyers stated that their client was caught in the diplomatic cross-fire between North Korea and the US, not between North Korea and Malaysia. This is evident to show that Malaysia is not bowing to external pressures as alleged by North Korea. In fact, the proceedings in Malaysia are only for extradition purposes. The actual criminal hearing will be conducted entirely in the U.S.
North Korea has to adjust her misconception of Malaysia as her enemy since Malaysia, as a sovereign State, is merely assisting a legally binding extradition treaty with the US.
As an isolated state with few friends, North Korea should keep her neutral friends like Malaysia closer, especially during the post-Covid-19 era. In a globalised world, North Korea could not afford to be too naive in diplomatic relations by resorting to a knee-jerk reaction such as severing her diplomatic relations with Malaysia, a decision which Pyongyang will later regret.
On the other hand, the Federal Court has lived up to its prestige as the ultimate pillar of justice. The decision has sent a reverberation not only in Malaysia but also to the entire world.
To date, Mun Chol Myung is the first-ever North Korean suspect to be extradited by any country in the world to the US, and Malaysia is the first country in the world to manage to do so. This is a feat that ought to be celebrated by all Malaysians.
As a nation, we have to acknowledge the independence, competency and transparency of the Malaysian judiciary, which lately has been under intense criticism following a number of decisions on high-profile cases. The extradition of Mung Chul Myong is the embodiment of such ethos.
LETTER | I am writing in response to the decision by the North Korean regime on March 19, 2021, to sever diplomatic relations with Malaysia. As a Malaysian, I think the focus should be directed to the Malaysian judiciary.
The decision made by the Federal Court to honour the extradition treaty between Malaysia and the US is exemplary. Extraditing Mun Chul Myong is the epitome of Malaysia’s relentless commitment towards strict enforcement in United Nations-backed sanction and global financial transparency.
Long has Malaysia been tarnished alongside other countries such as Belarus, Russia and India as amongst the breeding grounds for North Korean trans-boundary covert crimes.
In 2017, Glocom – a Malaysian based tech company – was identified by the United Nations as a front-company supporting North Korea’s cybercrimes global network.
Lest Malaysians forget, the murder of the estranged half-brother of Kim Jong Un – Kim Jong Nam – was carried out also in Malaysia in 2017. The murder has led to the suspension of diplomatic relations between both countries.
Thus, it is time for Malaysia to take a stern stand against the illicit criminal activities believed to be sponsored by the North Korean regime. Enough is enough. North Korea has to understand that decision was taken against a North Korean suspect, not against the North Korean government. Hence, the sovereignty of the North Korean regime remains intact.
Moreover, Mun Chul Myong was not a North Korean diplomat; an esteemed profession that is subject to another international treaty i.e. the Vienna Convention on Diplomatic Relations 1961.
If Mun Chul Myong was a diplomat, the issue of diplomatic immunity, amongst others, will come into play. In such a case, Malaysia will address the issue tactfully to avoid the recurrence of the expulsion of former North Korean ambassador Kang Chol as persona non grata in 2017.
In either situation, Malaysia has to act objectively, and such objectivity is guided by universal values such as the rule of law and natural justice. Mun Chol Myong has been afforded the right to a fair trial in Malaysia up to the ultimate level, the Federal Court.
During the extradition proceedings, his defence lawyers stated that their client was caught in the diplomatic cross-fire between North Korea and the US, not between North Korea and Malaysia. This is evident to show that Malaysia is not bowing to external pressures as alleged by North Korea. In fact, the proceedings in Malaysia are only for extradition purposes. The actual criminal hearing will be conducted entirely in the U.S.
North Korea has to adjust her misconception of Malaysia as her enemy since Malaysia, as a sovereign State, is merely assisting a legally binding extradition treaty with the US.
As an isolated state with few friends, North Korea should keep her neutral friends like Malaysia closer, especially during the post-Covid-19 era. In a globalised world, North Korea could not afford to be too naive in diplomatic relations by resorting to a knee-jerk reaction such as severing her diplomatic relations with Malaysia, a decision which Pyongyang will later regret.
On the other hand, the Federal Court has lived up to its prestige as the ultimate pillar of justice. The decision has sent a reverberation not only in Malaysia but also to the entire world.
To date, Mun Chol Myung is the first-ever North Korean suspect to be extradited by any country in the world to the US, and Malaysia is the first country in the world to manage to do so. This is a feat that ought to be celebrated by all Malaysians.
As a nation, we have to acknowledge the independence, competency and transparency of the Malaysian judiciary, which lately has been under intense criticism following a number of decisions on high-profile cases. The extradition of Mung Chul Myong is the embodiment of such ethos.
*********
kt notes:
I have just vomited at the pompous but hypocritical double standards letter above.
Writer Ridwan Talib has the brazen nerve to pompously boast about Malaysia's exemplary extradition carried out by Malaysia, when he failed ignominiously to mention that Malaysia FAILED, nay, refused to extradite alleged Indian criminal and fugitive back to India, namely Zakor Naik.
The then PM of Malaysia had the rude crassness of undiplomatically badmouthing the Indian justice system, alleging Zakir Naik won't have a fair trial in his own country.
PODAH!
 |
"Zakir Naik in general feels he's not going to get a trial" and that's the basis for Mahathir's refusal to extradite an alleged Indian fugitive-criminal, the alleged criminal's "feelings" |
Also read:
BBC (extracts):
Malaysia deports Myanmar nationals despite court order
An immigration truck believed to be carrying Myanmar migrants from Malaysia back to their homeland
IMAGE COPYRIGHTGETTY IMAGESimage caption
Malaysia has deported 1,086 people back to Myanmar, defying a court order and appeals from human rights groups to halt the process.
Rights organisations say the group includes some ethnic minorities that have suffered persecution in Myanmar.
They say sending them back to Myanmar, where the army took power in a coup, could put them at even greater risk.
***
Strait Times (Sing) (extracts):
Thai woman extradited because Malaysia is a 'good neighbour', says PM Mahathir
Malaysia extradited a woman wanted by authorities in Thailand over her anti-monarchy views following a request for her deportation, said Prime Minister Mahathir Mohamad.
PHOTO: AFP
PUTRAJAYA (THE STAR/ASIA NEWS NETWORK) - Malaysia has extradited a woman wanted by the authorities in Thailand over her anti-monarchy views following a request for her deportation, said Prime Minister Mahathir Mohamad.
He said this when asked why Praphan Pipithnamporn, who had sought asylum with the United Nations High Commissioner for Refugees (UNHCR), was sent back to Thailand.
He said this when asked why Praphan Pipithnamporn, who had sought asylum with the United Nations High Commissioner for Refugees (UNHCR), was sent back to Thailand.
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Jangan dwistandard, Putrajaya ditegur selepas hantar pulang warga Thai 😡😡😡 |
"If there is a request, then we will send back. (We are a) good neighbour," he said at a news conference on Tuesday (May 14).
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but NOT with India |
According to Human Rights Watch, Ms Praphan is an asylum seeker registered with the UNHCR but she was arrested by Malaysia police in April on Thailand's request.
kt note: What a pompous bullshitter
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Jangan dwistandard, Putrajaya ditegur selepas hantar pulang warga Thai |
me oso vomid reading ccp.
ReplyDeleteBcoz u have just fed on demoNcratic shit!
DeleteSudah lebeh satu tahun but Toonsie still kena blame. But when Toonsie was PM KT never blame Jibby for giving PR to Zakar Naik?
ReplyDeleteWhy Always Toonsie? Pelik.
The writer joins the old fool as the epitome of muslim hypocracy.
ReplyDeleteThese are people who justify their actions so long as it serves tgeir narratives.
No one can be blamed into thinking that muslims like the writer and the old fool represent what islam is all about.
Vel-ry susah.
ReplyDeleteDon't extradite kena hentam
Extradite also kena hentam.
Wakakaka...
we need and admire values and consistency
Delete