Malaysia
05.03.04
Urgent Interventions
Malaysia: abuse of power from police forces and arrests at peaceful assembly
OPEN LETTER
To Mr. Dato' Abdullah Haji Ahmad Badawi
Prime Minister and Home Minister of Malaysia
Re: abuse of power from police forces and arrests at peaceful assembly
Paris-Geneva, March 5, 2004
Dear Prime Minister,
The Observatory for the Protection of Human Rights Defenders, a joint program of the World Organization Against Torture (OMCT) and International Federation for Human Rights (FIDH), would like to express the deepest concern over the measures taken by the Malaysian police forces during a peaceful demonstration that took place at the Bukit Aman National Police Headquarters, on February 28, 2004. These measures included the deployment of water canons that sprayed chemical-laced water to disperse the crowd and the arrest and ill-treatment of demonstrators, including members of human rights NGOs, notably Suara Rakyat Malaysia (SUARAM).
According to the information received from SUARAM, around one hundred people gathered outside the Bukit Aman Police Station on the morning of February 28, 2004. Demonstrators from 64 NGOs and political parties were about to hand a memorandum on the Misuse of Police Powers to the Inspector General of Police. They were protesting against numerous incidents involving the misuse of police powers, especially involving the deaths of suspects while in police custody, police shootings, violations of remand procedure, and the dispersion of peaceful assemblies.
During this peaceful demonstration, the police confiscated the hailer and ordered the demonstrators to disperse. They then attempted to arrest Fahmi Reza, a human rights defenders of SUARAM. The crowd protested and demanded his release. Fahmi Reza was beaten and trampled on and the police tried to take away his glasses and belongings.
The police then used two water cannons using chemical-laced water against the crowd. Following this police intervention, 17 people were arrested and sent to the police station at Jalan Hang Tuah. Those under arrest were members of political parties, NGOs and civilians, and included Eric Paulsen, Elizabeth Wong and Fahmi Reza, all three human rights defenders from SUARAM, Latheefa Koya, Sivarasa Rasiah (Vice President of Malaysian People’s Party), Tian Chua (vice president of National Justice Party), Fahmi Fadzil, Beth Yap, Manickavasagam, Sanusi Abdullah, Mohd Salleh, Yusof Mohamad, Lee Siew Hwa, Ronnie Liu, Xavier Jeyakumar, Azwan Din Hamzah and Manimaran.
Later that same day, all 17 demonstrators were released on bail. They are requested to report back to the police on March 15, 2004. Among the released, Tian Chua and Elizabeth Wong sustained bruises, and Latheefa Koya sustained minor injuries around her neck due to ill-treatment in the hands of the police. Reports have been filed against the police.
The Observatory condemns the fact that human rights defenders were prevented from expressing their opinions and voicing their concerns about the police’s conduct. It also condemns the excessive use of force by security forces, in particular in the repression of peaceful demonstrations.
Moreover, the Observatory urges the Malaysian authorities to conform with international human rights standards and in particular with Article 1 of the Declaration on Human Rights Defenders, which provides that “[e]veryone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” as well as Article 12, which states “(1) [e]veryone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms. (2) The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”
In hope that you will take these considerations and request into account,
We remain,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT
To Mr. Dato' Abdullah Haji Ahmad Badawi
Prime Minister and Home Minister of Malaysia
Re: abuse of power from police forces and arrests at peaceful assembly
Paris-Geneva, March 5, 2004
Dear Prime Minister,
The Observatory for the Protection of Human Rights Defenders, a joint program of the World Organization Against Torture (OMCT) and International Federation for Human Rights (FIDH), would like to express the deepest concern over the measures taken by the Malaysian police forces during a peaceful demonstration that took place at the Bukit Aman National Police Headquarters, on February 28, 2004. These measures included the deployment of water canons that sprayed chemical-laced water to disperse the crowd and the arrest and ill-treatment of demonstrators, including members of human rights NGOs, notably Suara Rakyat Malaysia (SUARAM).
According to the information received from SUARAM, around one hundred people gathered outside the Bukit Aman Police Station on the morning of February 28, 2004. Demonstrators from 64 NGOs and political parties were about to hand a memorandum on the Misuse of Police Powers to the Inspector General of Police. They were protesting against numerous incidents involving the misuse of police powers, especially involving the deaths of suspects while in police custody, police shootings, violations of remand procedure, and the dispersion of peaceful assemblies.
During this peaceful demonstration, the police confiscated the hailer and ordered the demonstrators to disperse. They then attempted to arrest Fahmi Reza, a human rights defenders of SUARAM. The crowd protested and demanded his release. Fahmi Reza was beaten and trampled on and the police tried to take away his glasses and belongings.
The police then used two water cannons using chemical-laced water against the crowd. Following this police intervention, 17 people were arrested and sent to the police station at Jalan Hang Tuah. Those under arrest were members of political parties, NGOs and civilians, and included Eric Paulsen, Elizabeth Wong and Fahmi Reza, all three human rights defenders from SUARAM, Latheefa Koya, Sivarasa Rasiah (Vice President of Malaysian People’s Party), Tian Chua (vice president of National Justice Party), Fahmi Fadzil, Beth Yap, Manickavasagam, Sanusi Abdullah, Mohd Salleh, Yusof Mohamad, Lee Siew Hwa, Ronnie Liu, Xavier Jeyakumar, Azwan Din Hamzah and Manimaran.
Later that same day, all 17 demonstrators were released on bail. They are requested to report back to the police on March 15, 2004. Among the released, Tian Chua and Elizabeth Wong sustained bruises, and Latheefa Koya sustained minor injuries around her neck due to ill-treatment in the hands of the police. Reports have been filed against the police.
The Observatory condemns the fact that human rights defenders were prevented from expressing their opinions and voicing their concerns about the police’s conduct. It also condemns the excessive use of force by security forces, in particular in the repression of peaceful demonstrations.
Moreover, the Observatory urges the Malaysian authorities to conform with international human rights standards and in particular with Article 1 of the Declaration on Human Rights Defenders, which provides that “[e]veryone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” as well as Article 12, which states “(1) [e]veryone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms. (2) The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”
In hope that you will take these considerations and request into account,
We remain,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT