KUALA
LUMPUR: The Government breached the Extradition Act when it
deported former Moro National Liberation Front (MNLF) leader Nur
Misuari to the Philippines, his Malaysian solicitor claimed
yesterday. Under Section 8 of the Act, “a fugitive criminal
from abroad cannot be surrendered to a country seeking his
return if the offence in respect of which his return is sought
is of a political character,” said Sankara Nair.
“In
the context of this Act, it is only assumed that our client has
committed an offence as he was not charged and tried in any
court and convicted, hence his case was most compelling under
the circumstances which explicitly warranted the full protection
of the Act,” he told a press conference at his office.
Misuari,
who is the former governor of the Autonomous Region of Muslim
Mindanao, and seven others fled to Malaysia in November
following a short-lived rebellion in the southern Philippines
that he had allegedly led after he was not allowed to re-contest
the post of governor.
The
eight were detained in Pulau Jampiris, off Sabah, on Nov 24 for
illegal entry.
Misuari’s
wives – Tarhata I. Misuari and Rodia T. Misuari – who were
supposed to attend the press conference changed their minds and
issued a statement through Nair instead.
They
said: “We are distraught and drained and cannot believe that
the Malaysian Government could act in this way and send a Muslim
leader to the Philippines to face political persecution despite
the plea from the OIC (Organisation of Islamic Conference), the
family and the family lawyer (Velez) Pamatong.”
Misuari,
60, and Chief of Justice of the Syariah Court of the MNLF Abu
Haris Osman, 59, were taken to the Sultan Abdul Aziz Shah
Airport in Subang about 8.45am on Monday where they boarded a
Philippine air force aircraft. The remaining six were deported
from Kota Kinabalu airport about 9am.
Back
in the Philippines, Misuari faces rebellion charges punishable
by 20 years’ jail for allegedly instigating the violence that
claimed more than 100 lives.
READ
ALSO: Be vigilant
of rights under international law
- by
Tunku Sofiah Jewa Petaling Jaya, New
Straits Times (Malaysia), 15 December 2001
