Malaysia
26.04.01
Urgent Interventions

Malaysia: a further four pro-reform activists detained under the ISA

Case MYS 110401.1
Follow-up of Case MYS 110401

Geneva, April 26th, 2001

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Malaysia.

New Information

The International Secretariat of OMCT has been informed by Pax Romana, a member of the OMCT network, that a further four pro-reform activists have been detained under the ISA in Malaysia.

According to the information received, the Malaysian authorities have arbitrarily arrested and detained incommunicado a further four pro-reform activists under the Internal Security Act (ISA), since the first detentions took place on April 10th, 2001, taking the total number of activist detained to ten. The most recent detainees include: Abdul Ghani Haroon (Penenag Youth Exco of National Justice Party - NJP), arrested on April 11th; Dr. Badrul Amin Baharom (National Youth Exco of NJP), arrested on April 20th; Lokman Nor Adam (Executive Secretary of Youth Wing, NJP), arrested April 24th; and Badaruddin Ismail (a member of human rights organisation Suaram, Voice of the Malaysian People), arrested on April 26th, 2001.

The activists have been detained primarily due to their involvement in organising a rally to mark the second anniversary of the conviction of former Depouty Prime Minister Anwar Ibrahim. The authorities can effectively detain people for an unlimited period of time under the ISA. The whereabouts of the detainees is not known and they have not been allowed access to legal representation or their families, giving rise to fears that they may be being tortured by the authorities.

Brief reminder of the situation

According to the information received, the Malaysian authorities arrested five pro-reform activists under the Internal Security Act (ISA) on April 10, 2001. These included: Mr. Mahd. Ezam Mhd. Noor (Head of the National Youth - NY - movement); Mr. Chua Tian Chang (NY Vice President); Mr. N Gobala Krishnan (NY Secretary); Mr. Haji Saari Sungip (April 14th Rally Organising Chairperson); and Mr. Hishamuddin Rais (freelance journalist/film-maker). This was followed on April 11, 2001, by the arrest of Mr. Raja Petra Kamaruddin (Free Anwar Campaign website executive director), also under the auspices of the ISA.

According to the information received, all six men were participating in the organisation of a rally at the National Human Rights Commision, scheduled for April 14, 2001 - the second anniversary of the conviction of former Deputy Prime Minister Anwar Ibrahim – where they were expected to hand in a “people’s” memorandum on the state of human rights in Malaysia.

According to reports, 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.

The ISA violates the detainee's rights to access to legal counsel, family visits and a fair trial and is often used to supress the person's rights of expression and to demonstration. Detainees under the ISA are reportedly often subjected to various forms of torture, including physical assault, sleep deprivation, round-the-clock interrogation, threats of bodily harm to family members, including detainees' children, and are allegedly often used to extract false signed confessions from the detainees.

Action requested

Please continue to write to the authorities in Malaysia urging them to:
1. take all necessary measures to guarantee the physical and psychological integrity of the ten above-mentioned persons;
2. 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;
3. 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, April 26, 2001

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