Malaysia
01.02.02
Urgent Interventions
Malaysia: arbitrary re-arrest of Dr. Badrul Amin by Malaysian authorities under the ISA
Case MYS 110401.8
Follow-up of Case MYS 110401
Arbitrary arrest/Violation of the rights to association and opinion
Geneva, February 1st, 2002
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 arbitrary arrest of Dr. Badrul Amin by Malaysian authorities under the draconian Internal Security Act in Rawang, Malaysia.
According to the information received, at 10:45 am on January 31, 2002, Dr. Amin was arrested by police authorities as he was reporting back to the Rawang police station, as part of the conditions for his release from the Kamunting Detention Center on November 13th, 2001.
According to the information received, Dr. Amin’s arrest is reportedly a result of his continuation to publicly speak out against the Malaysian Government’s alleged injustice. Following Dr. Amin’s release in November, the Malaysian authorities placed him under stringent restrictions, requiring that he report weekly to the Rawang police station, and forbidding any delivery of mail, presence at public gatherings, or involvement in political activities.
The International Secretariat of OMCT is gravely concerned by the recent re-arrest of Dr. Badrul Amin and fears that he may be subjected to ill-treatment or even torture, given the historical precedent of the treatment of persons detained under the ISA in Malaysian detention centers. Furthermore, OMCT remains gravely concerned about the conditions of detention of all of the ISA detainees, especially the lack of access to legal representation, lengthy periods of solitary confinement, and the possibility that they are at risk of being subjected to ill-treatment or torture.
OMCT strongly condemns the ISA, notably the powers granted to the authorities under its auspices, which effectively legalise arbitrary arrests and incommunicado detention, in complete violation of the detainees’ basic human rights, and urges the Malaysian authorities to reconsider the ISA as a whole, as suggested by Shah Alam, High Court Judge and Justice Mohd Hishamudin Mohd Yunus, during rulings last year, which lead to several ISA detainees being released (see Urgent Appeal Case MYS 110401.2 on June 1st, 2001).
Brief reminder of the situation
According to the information received, Dr. Badrul Amin, a leader of the Keadilan political party, was released from the Kamunting Detention Center on November 13th, 2001. As a result of continual harassment from the Malaysian authorities, Dr. Badrul Amin decided not to run for re-election in the Keadilan Party’s Supreme Council, in spite of his nomination as one of the 20 members of this council. Dr. Amin was initially arrested on April 10th, 2001 following his participation in a human rights rally.
The ISA has been frequently used since its enactment in 1960 by the Malaysian authorities, in order to arrest and indefinitely detain human rights and opposition 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 Minister for Home Affairs, 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 write to the authorities in Malaysia urging them to:
· take all necessary measures to guarantee the physical and psychological integrity of Dr. Badrul Amin;
· order his immediate release of in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee hisprocedural rights at all times;
· 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 Lampur, Malaysia, Fax : 603 242 50 43, Email : humanrights@humanrights.com.my
· Datuk Abdullah Ahmad Badawi, Home Minister, Jalan Dato Onn, 50502 Kuala Lampur, Malaysia, Fax : 603 230 10 51
· Tan Sri Norian Mai, Inspector General of Police, Ibupejabat Polis Dirija Malaysia, Bukit Aman, 50560 Kuala Lampur, Malaysia, Fax : 603 227 313 26
Please also write to the embassies of Malaysia in your respective country.
Geneva, February 1st, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case MYS 110401
Arbitrary arrest/Violation of the rights to association and opinion
Geneva, February 1st, 2002
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 arbitrary arrest of Dr. Badrul Amin by Malaysian authorities under the draconian Internal Security Act in Rawang, Malaysia.
According to the information received, at 10:45 am on January 31, 2002, Dr. Amin was arrested by police authorities as he was reporting back to the Rawang police station, as part of the conditions for his release from the Kamunting Detention Center on November 13th, 2001.
According to the information received, Dr. Amin’s arrest is reportedly a result of his continuation to publicly speak out against the Malaysian Government’s alleged injustice. Following Dr. Amin’s release in November, the Malaysian authorities placed him under stringent restrictions, requiring that he report weekly to the Rawang police station, and forbidding any delivery of mail, presence at public gatherings, or involvement in political activities.
The International Secretariat of OMCT is gravely concerned by the recent re-arrest of Dr. Badrul Amin and fears that he may be subjected to ill-treatment or even torture, given the historical precedent of the treatment of persons detained under the ISA in Malaysian detention centers. Furthermore, OMCT remains gravely concerned about the conditions of detention of all of the ISA detainees, especially the lack of access to legal representation, lengthy periods of solitary confinement, and the possibility that they are at risk of being subjected to ill-treatment or torture.
OMCT strongly condemns the ISA, notably the powers granted to the authorities under its auspices, which effectively legalise arbitrary arrests and incommunicado detention, in complete violation of the detainees’ basic human rights, and urges the Malaysian authorities to reconsider the ISA as a whole, as suggested by Shah Alam, High Court Judge and Justice Mohd Hishamudin Mohd Yunus, during rulings last year, which lead to several ISA detainees being released (see Urgent Appeal Case MYS 110401.2 on June 1st, 2001).
Brief reminder of the situation
According to the information received, Dr. Badrul Amin, a leader of the Keadilan political party, was released from the Kamunting Detention Center on November 13th, 2001. As a result of continual harassment from the Malaysian authorities, Dr. Badrul Amin decided not to run for re-election in the Keadilan Party’s Supreme Council, in spite of his nomination as one of the 20 members of this council. Dr. Amin was initially arrested on April 10th, 2001 following his participation in a human rights rally.
The ISA has been frequently used since its enactment in 1960 by the Malaysian authorities, in order to arrest and indefinitely detain human rights and opposition 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 Minister for Home Affairs, 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 write to the authorities in Malaysia urging them to:
· take all necessary measures to guarantee the physical and psychological integrity of Dr. Badrul Amin;
· order his immediate release of in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee hisprocedural rights at all times;
· 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 Lampur, Malaysia, Fax : 603 242 50 43, Email : humanrights@humanrights.com.my
· Datuk Abdullah Ahmad Badawi, Home Minister, Jalan Dato Onn, 50502 Kuala Lampur, Malaysia, Fax : 603 230 10 51
· Tan Sri Norian Mai, Inspector General of Police, Ibupejabat Polis Dirija Malaysia, Bukit Aman, 50560 Kuala Lampur, Malaysia, Fax : 603 227 313 26
Please also write to the embassies of Malaysia in your respective country.
Geneva, February 1st, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.