Malaysia
07.08.01
Urgent Interventions

Malaysia: a further 10 persons arrested under the ISA

Case MYS 070801

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 a reliable source of the arrest by the Malaysian police of 10 persons, including Parti Islam SeMalaysia (PAS) opposition party members, under the Internal Security Act (ISA), during the first week of August 2001.

According to the information received, the persons arrested under the ISA between August 2nd and August 4th include:

· Norashid Sakip (PAS student leader, arrested on August 2nd in Simpang Renggam, State of Johor);
· Asfawani Abdullah (arrested in Kuala Keti, Kedah);
· Abu Bakar Che Doi (arrested in Tilam Batu, Kedah);
· Zainun Ismail (PAS youth leader, arrested in Baling, Kedah);
· Solehan Abdul Ghaffar (arrested on August 2nd in Wakaf Tembesu, Terengganu);
· Alias Ngah (arrested on August 2nd in Manir, Terengganu);
· Ahmad Pozi Darman (Ulu Tilam, Johor);
· Ahmad Tajuddin Abu Bakar (PAS Larut Youth Chief, arrested on August 2nd in the state of Perak);
· Nik Adli Nik Abdul Aziz (son of Chief Minister of PAS party in Kelantan, arrested on August 4th in Kota Baharu, Kelantan);
· Mohd Lothfi Ariffin (arrested on August 4th Kg Sidek Kupang, Kedah).

According to the information received, Prime Minister Dr. Mahathir has claimed that the PAS party was holding a series of gatherings despite the ban, in order to force the Government to arrest participants under the ISA, leading to an increase in the growing popular anti-Government sentiment. This two-week old ban has been criticised by Suhakam, the Malaysian Human Rights Commission. Deputy Prime Minister Abdullah Ahmad Badawi, however, has denied that these arrests were part of a police crackdown on PAS. In contradiction, Police Chief Norian Mai has stated that the arrests under the ISA were conducted on suspicion of these persons being members of a group known as “Mujahedin Group”, who are accused of waging an Islamic “holy war,” adding that all of them had undergone training in Afghanistan.

According to the information received, PAS student leader Norashid Sakip was reportedly arrested at the Simpang Renggam police station at 11am August 2nd, having been summoned to the police station regarding the permit for an upcoming demonstration on August 12th. He was then escorted to his quarters in a religious school, where the police presented his wife with a warrant for his arrest under ISA article 73, although no reasons for his arrest were given. Little is known at this time concerning the circumstances of the arrests of the other nine men, except for the fact that no official reasons for their arrests have been given and no charges have been brought against them.

The ISA has been frequently used since its enactment in 1960 by the Malaysian authorities, in order to arrest and effectively indefinitely detain human rights and oppostition campaigners. The ISA reportedly allows the authorities to arbitrarily arrest, detain incommunicado and interrogate activists, without granting them access to legal counsel or family visits for up 60 days, and without conducting a trial for a period of up to two years. This period is however renewable by the Prime Minister, meaning that the person can effectively be detained indefinitely without a trial. ISA detainees thus far have reportedly been subjected to physical assaults during both their arrests and detention, and other forms cruel and degrading treatment including sleep, water and food deprivation, threats to both themselves and their families and lengthy interrogations periods have been used.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of all of the above-mentioned persons, and is concerned about the Government increasing its restrictions on the freedoms of association, expression and assembly, most notably characterised by its recent ban on all forms of demonstration. OMCT urges the Malaysian authorites to reconsider the ISA as a whole, as suggested by Shah Alam, High Court Judge and Justice Mohd Hishamudin Mohd Yunus, during recent rulings, which lead to several ISA detainees being released (see Urgent Appeal Case MYS 110401.2 on June 1st, 2001).

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 above-mentioned persons;
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 throughout the country in accordance with national laws and international human rights standards.

Addresses

· Ybhg Tan Sri Musa Hitam, Chairperson Malaysian Human Rights Commission, C/o Kementerian Luar Negeri, Wisma Putra, 50602 Kuala Lumpur. Fax : 603-2425043 / Email: humanrights@humanrights.com.my
· Datuk Abdullah Ahmad Badawi, Home Minister, Jalan Dato Onn, 50502 Kuala Lumpur. Fax-603-2301051
· Tan Sri Norian Mai, Inspector General of Police, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50560 Kuala Lumpur. Fax: 603-22731326

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

Geneva, August 7th, 2001

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