Arbitrary arrest, forced disappearance and risk to personal integrity of Mr. Nathaniel Tan

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Malaysia.

Brief description of the situation

The International Secretariat of OMCT has been informed by SUARAM, a member of the SOS-Torture Network, of the arbitrary arrest, forced disappearance and risk to personal integrity of Mr. Nathaniel Tan in Kuala Lumpur on 13 July 2007.

According to the information received, at about 4:45 pm on 13 July 2007, Mr. Nathaniel Tan, an employee of the Peoples' Justice Party (PKR - Parti KeADILan Rakyat) information bureau, was taken for questioning by three plainclothes police officers. They were believed to be from the Special Branch and have reportedly asked M. Nathaniel Tan to follow them for questioning in the Bukit Aman police headquarters without providing any reasons why he had to do so.

The police also allegedly requested that Mr. Nathaniel Tan brings his notebook computer with him for questions that are believed to be related to postings on the Internet. According to the same information, the whereabouts of Mr. Nathaniel Tan remain unknown since his arrest and the police have reportedly denied that Mr. Nathaniel Tan is detained in Bukit Aman police headquarters.

The International Secretariat of OMCT is therefore gravely concerned for the physical and psychological integrity of Mr. Nathaniel Tan. OMCT calls on the Malaysian Government to guarantee his integrity at all times, locate his whereabouts and release him in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times. Moreover, as an elected member of the United Nations Human Rights Council, Malaysia should guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Action requested

Please write to the authorities in Malaysia urging them to:

1. Immediately locate Mr. Nathaniel Tan’s whereabouts;
2. Take all necessary measures to guarantee his physical and psychological integrity;
3. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
4. Order a thorough and impartial investigation into these events, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. Sign, ratify and implement the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) as well as the Optional Protocol to this Convention (OPCAT);
6. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Dato’ Seri Abdullah bin Haji Ahmad Badawi, Prime Minister and Minister of Internal Security Prime Minister’s Office Malaysia, Perdana Putra Building, Federal Government Administrative Centre, 62502 PUTRAJAYA, Selangor, Malaysia., Tel: + 60 3 8888 6000, Fax: + 60 3 8888 3444
• Mr. Datuk Radzi Sheikh Ahmad, Minister of Home Affairs, Level 12, Block D1, Parcel D, Federal Government Administrative Centre, 62546 PUTRAJAYA, Tel: +60 3 8886 8000, Fax: +60 3 8889 1613
• Mr. Tan Sri Musa Hassan, Inspector-General of Police, Ibu Pejabat Polis Diraja Malaysia, Bukit Aman, 50560 Kuala Lumpur, Fax: 0060 3 2273 9602
• H. E. Ambassador King Bee Hsu, ICC-1er/ H, Pré-Bois 20, P.O. 1834, CH-1215, Geneva 15, Switzerland, Email : mwgeneva@ties.itu.int, Fax: +41 22 710 75 01

Please also write to the embassies of Malaysia in your respective country.

Geneva, 13 July 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.