Malaysians Against Death Penalty and Torture (Madpet) spokesman Charles Hector said the Malaysians and other volunteers were treated like undocumented migrants who had entered Israel without permission, adding that this was baseless.
“We cannot ignore the fact that they are all victims of serious crimes and violation of human rights – abduction, kidnapping or worse, human trafficking,” he said in a statement.
Reports also claimed that the GSF vessels had been intercepted in international waters, against international maritime law.
Hector said such crimes against Malaysians could not be treated lightly or ignored, and that it would be best if Malaysia charged the suspected criminals with the crimes they had committed against Malaysians and/or their families.
Yesterday, a lawyer representing the 23 Malaysian volunteers on GSF said that some of them were slapped in the face, had their hair pulled, and were given “animal food” while in Israeli custody.
Fahmi Abd Moin said the conditions the Malaysians faced while in custody were conveyed to him after a “casual conversation” with them in Istanbul, Turkey.
Fahmi also said that his team would gather information from the volunteers once they were back in Malaysia, and might consider sending a full report to the United Nations Human Rights Council.
Enabling framework
Citing a Malaysian delegation statement to the UN in 2013, Hector said that Malaysia already had universal jurisdiction over crimes including terrorism and human trafficking.
He said that universal jurisdiction allowed a state to prosecute certain serious crimes regardless of where they were committed and irrespective of the nationality of the accused or the victim.
He added that universal jurisdiction could be applied under the “passive personality principle”, which permits a state to assert jurisdiction based on the nationality of the victim rather than the offender or the location of the crime.
Hector also said that in Malaysia, criminal trials can proceed even if the accused chooses not to attend court to be charged or for the trial, as provided for in Section 425A of the Criminal Procedure Code, making it possible to hold a trial in absentia.
“Madpet believes that Malaysia can already prosecute the criminal suspects in this case, as it certainly is a terrorist offence and/or a trafficking of persons offence.
“Malaysia must act quickly, identify the individuals and officers who committed the crimes, and prosecute and take legal action against them, not just lay blame on the Zionist regime of Israel or Prime Minister Benjamin Netanyahu,” he said.
Hector also urged Malaysia to reconsider its decision to withdraw from the Rome Statute, saying this would allow the country to use the International Criminal Court as an additional avenue for justice when citizens become victims of actions by foreign states.