Malaysia
09.07.03
Urgent Interventions
Malaysia: 7 students suspended from university facing trial
Case MYS 090703. ESCR
Economic, Social and Cultural Rights Concern
Right to Education
The International Secretariat of 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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, that the trial of 7 students who were charged with illegal assembly and then suspended from their university studies for their participation in a demonstration on June 8th 2001 have been scheduled to stand trial from July 7th to July 14th 2003 at Magistrate Court 1A, Kuala Lumpur, Malaysia.
According to the information received, following their arrest on June 8th 2001, the students were charged with illegal assembly under section 27(5) of the 1967 Police Act. It is reported that the students were then suspended by their respective universities under section 15(d) of the 1971 Universities and University Colleges Act.
According to the information received the students are seeking withdrawal of the charges retained against them and a reinstatement to their university studies. The students’ names and university affiliations are:
· Rafzan Ramli, Mara University of Technology (UTM)
· Helman Sanuddin, UTM
· Dzulkefle Idris, UTM
· Wan Mohd. Sanusi Wan Modh. Noor, University of Malaysia (UM)
· Kairul Amal Mahmud, UM
· Ahmad Kamal Abd. Hamid, UM
· Nik Noorhafizi Mik Ibrahim, University Kebangsaan Malaysia (UKM)
It is reported that the students are suffering due to the strain of the lengthy legal process resulting from the charges and concerns over their future due to the suspension from university and that some students have not been able to find jobs since their arrest.
Background information
According to the information received, over 500 students participated in the June 8th 2002 demonstration in front of the National Mosque in Kuala Lumpur to protest Malaysia’s 1960 Internal Security Act . It is reported that these 7 students were arrested and detained at the Tun H.S. Lee police station at Jalan Stadium overnight before being granted police bail. They were then reportedly charged with illegal assembly.
It is reported that the students have been required to attend at least 6 hearings regarding the charges retained against them on October 15th 2001 and on January 2nd, February 28th, May 14th, July 9th and August 14th 2002, and have remained suspended from university studies while these proceedings continue. It is reported that the students’ lawyers have tried unsuccessfully to have the case withdrawn by bringing it before the High Court on a Constitutional issue.
Action requested
Please write to the authorities in Malaysia urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the seven students;
ii. order their immediate release in the absence of valid legal charges, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee the respect of human rights and the fundamental freedoms, including economic, social and cultural rights, as well as labour rights throughout the country in accordance with national laws and international human rights standards.
Addresses
Dato Seri Dr. Mahathir bin Mohamad, Prime Minister, Prime Minister's Office, Federal Government Administration Centre, 62502 Putrajaya, Malaysia, Email: ppm@smpke.jpm.my; Fax: +603 8888 3444,
Dato Abdullah Haji Ahmad Badawi , Minister of Home Affairs & Deputy Prime Minister, Menteri Dalam Negeri,Aras 13, Blok D1,Parcel D, Pusat Pentadbiran Kerajaan Persekutuan,65202 Putrajaya,Selangor, Malaysia,Fax:+ 60388868014, tpm@smpke.jpm.my
Tan Sri Norian Mai, Inspector General of Police, Ketua Polis Negara, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50502 Kuala Lumpur, Malaysia, Fax: + 60 3 2273 1326
Attorney General of Malaysia, State Attorney General's Chambers, 9th Floor, Yayasan Sabah Building, 88990 Kota Kinabalu, Sabah, Malaysia, Fax: 6-088-425774
Mr. Tan Sri Dato Musa Bin Mohamad, Minister of Education, Kementerian Pendidikan Malaysia, Faras 7, Block J, Pusat Bandar Damansara, 50604 Kuala Lumpur, Malaysia, Email: musamohd@moe.gov.my
Human Rights Commission of Malaysia (SUHAKAM), 29th Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia, Fax: +603 2612 5620, Email: humanrights@suhakam.org.my
Mr. Mohamed Dzaiddin Abdullah, Chief Justice of Malaysia, Federal Court of Malaysia, Bangunan Sultan Abdul Samad, Jalan Raja 50506, Kuala Lumpur, Malaysia,
Ambassadeur, Rajmah, Hussain, ICC-1er / H / Pré-Bois 20 / CP 1834, CH-1215, Genève 15, Suisse, e-mail : mwgeneva@ties.itu.int, fax: +4122 710 75 01
Please also write to the embassies of Malaysia in your respective country.
Geneva, July 9th 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Economic, Social and Cultural Rights Concern
Right to Education
The International Secretariat of 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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, that the trial of 7 students who were charged with illegal assembly and then suspended from their university studies for their participation in a demonstration on June 8th 2001 have been scheduled to stand trial from July 7th to July 14th 2003 at Magistrate Court 1A, Kuala Lumpur, Malaysia.
According to the information received, following their arrest on June 8th 2001, the students were charged with illegal assembly under section 27(5) of the 1967 Police Act. It is reported that the students were then suspended by their respective universities under section 15(d) of the 1971 Universities and University Colleges Act.
According to the information received the students are seeking withdrawal of the charges retained against them and a reinstatement to their university studies. The students’ names and university affiliations are:
· Rafzan Ramli, Mara University of Technology (UTM)
· Helman Sanuddin, UTM
· Dzulkefle Idris, UTM
· Wan Mohd. Sanusi Wan Modh. Noor, University of Malaysia (UM)
· Kairul Amal Mahmud, UM
· Ahmad Kamal Abd. Hamid, UM
· Nik Noorhafizi Mik Ibrahim, University Kebangsaan Malaysia (UKM)
It is reported that the students are suffering due to the strain of the lengthy legal process resulting from the charges and concerns over their future due to the suspension from university and that some students have not been able to find jobs since their arrest.
Background information
According to the information received, over 500 students participated in the June 8th 2002 demonstration in front of the National Mosque in Kuala Lumpur to protest Malaysia’s 1960 Internal Security Act . It is reported that these 7 students were arrested and detained at the Tun H.S. Lee police station at Jalan Stadium overnight before being granted police bail. They were then reportedly charged with illegal assembly.
It is reported that the students have been required to attend at least 6 hearings regarding the charges retained against them on October 15th 2001 and on January 2nd, February 28th, May 14th, July 9th and August 14th 2002, and have remained suspended from university studies while these proceedings continue. It is reported that the students’ lawyers have tried unsuccessfully to have the case withdrawn by bringing it before the High Court on a Constitutional issue.
Action requested
Please write to the authorities in Malaysia urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the seven students;
ii. order their immediate release in the absence of valid legal charges, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee the respect of human rights and the fundamental freedoms, including economic, social and cultural rights, as well as labour rights throughout the country in accordance with national laws and international human rights standards.
Addresses
Dato Seri Dr. Mahathir bin Mohamad, Prime Minister, Prime Minister's Office, Federal Government Administration Centre, 62502 Putrajaya, Malaysia, Email: ppm@smpke.jpm.my; Fax: +603 8888 3444,
Dato Abdullah Haji Ahmad Badawi , Minister of Home Affairs & Deputy Prime Minister, Menteri Dalam Negeri,Aras 13, Blok D1,Parcel D, Pusat Pentadbiran Kerajaan Persekutuan,65202 Putrajaya,Selangor, Malaysia,Fax:+ 60388868014, tpm@smpke.jpm.my
Tan Sri Norian Mai, Inspector General of Police, Ketua Polis Negara, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50502 Kuala Lumpur, Malaysia, Fax: + 60 3 2273 1326
Attorney General of Malaysia, State Attorney General's Chambers, 9th Floor, Yayasan Sabah Building, 88990 Kota Kinabalu, Sabah, Malaysia, Fax: 6-088-425774
Mr. Tan Sri Dato Musa Bin Mohamad, Minister of Education, Kementerian Pendidikan Malaysia, Faras 7, Block J, Pusat Bandar Damansara, 50604 Kuala Lumpur, Malaysia, Email: musamohd@moe.gov.my
Human Rights Commission of Malaysia (SUHAKAM), 29th Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia, Fax: +603 2612 5620, Email: humanrights@suhakam.org.my
Mr. Mohamed Dzaiddin Abdullah, Chief Justice of Malaysia, Federal Court of Malaysia, Bangunan Sultan Abdul Samad, Jalan Raja 50506, Kuala Lumpur, Malaysia,
Ambassadeur, Rajmah, Hussain, ICC-1er / H / Pré-Bois 20 / CP 1834, CH-1215, Genève 15, Suisse, e-mail : mwgeneva@ties.itu.int, fax: +4122 710 75 01
Please also write to the embassies of Malaysia in your respective country.
Geneva, July 9th 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.