Malaysia
13.07.01
Urgent Interventions
Malaysia: arbitrary arrest of 2 students under the ISA
Case MYS 130701
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 of two students, 24-year old Khairul Anwar Ahmad Zainuddin and 22-year old Mohamad Fuad Mahd Ikhwan, by the Malaysian authorities under the Internal Security Act section 73(1), on July 5th and July 6th respectively.
According to the information received, Khairul Anwar Ahmad Zainuddin, a Kemahiran Mara Skills Institute student leader, had participated in a demonstration on June 8th, to protest against ISA in front of the National Mosque. Seven students were arrested during the gathering and were severely beaten by the police during their detention, before being released on bail on June 9th, but were told to report back to renew their bail on July 5th. Mr. Zainuddin was accompanying six of these students in order to offer them his support when he was arrested, having reportedly been involved in coordinating the student support movement on June 8th. He is being detained incommunicado by the police, for an initial two months under the ISA, and his whereabouts are not known.
According to the information received, Mohamad Fuad Mohd Ikhwan, the President of the Student Representative Council of University Malaya, was arrested on July 6th, while driving his motorcycle. This is the second ISA arrest of student activists following the recent crackdown on the student movement against the ISA. He is being held incommunicado by the police and his whereabouts are not known.
Both are held because they allegedly represent a threat to state security, and are being denied their rights to legal representation and access to their family, and there is a risk that they may be subjected to psychological and physical torture during their detention. It is feared that more students may be arrested under the ISA as the police have recently conducted raids on student residences in Bangi and Kelana Jaya.
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 International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mohamad Fuad Moohd Ikhwan and Khairul Anwar Ahmad Zainuddin, and 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. secure that all those detained be allowed to meet with their relatives and lawyers;
iii. 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;
iv. 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, July 13th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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 of two students, 24-year old Khairul Anwar Ahmad Zainuddin and 22-year old Mohamad Fuad Mahd Ikhwan, by the Malaysian authorities under the Internal Security Act section 73(1), on July 5th and July 6th respectively.
According to the information received, Khairul Anwar Ahmad Zainuddin, a Kemahiran Mara Skills Institute student leader, had participated in a demonstration on June 8th, to protest against ISA in front of the National Mosque. Seven students were arrested during the gathering and were severely beaten by the police during their detention, before being released on bail on June 9th, but were told to report back to renew their bail on July 5th. Mr. Zainuddin was accompanying six of these students in order to offer them his support when he was arrested, having reportedly been involved in coordinating the student support movement on June 8th. He is being detained incommunicado by the police, for an initial two months under the ISA, and his whereabouts are not known.
According to the information received, Mohamad Fuad Mohd Ikhwan, the President of the Student Representative Council of University Malaya, was arrested on July 6th, while driving his motorcycle. This is the second ISA arrest of student activists following the recent crackdown on the student movement against the ISA. He is being held incommunicado by the police and his whereabouts are not known.
Both are held because they allegedly represent a threat to state security, and are being denied their rights to legal representation and access to their family, and there is a risk that they may be subjected to psychological and physical torture during their detention. It is feared that more students may be arrested under the ISA as the police have recently conducted raids on student residences in Bangi and Kelana Jaya.
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 International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mohamad Fuad Moohd Ikhwan and Khairul Anwar Ahmad Zainuddin, and 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. secure that all those detained be allowed to meet with their relatives and lawyers;
iii. 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;
iv. 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, July 13th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.