Malaysia
12.10.01
Urgent Interventions
Malaysia: arrest of six more Islamic militant activists under the ISA
Case MYS070801.2
Follow-up of Case MYS 070801.1
Arbitrary arrests/Incommunicado detention/Risk of torture
Geneva, October 12th, 2001
The International Secretariat of OMCT has received new information regarding the following situation in Malaysia.
New information
The International Secretariat of OMCT has been informed by the reliable source of the arrest of six more Islamic militant activists under the ISA in Malaysia.
According to the information received, another six persons have been arbitrarily arrested under section 73(1) of the Internal Security Act (ISA), as part of a crack-down by the Malaysian Authorities on Islamic militant and political opposition groups. The persons that were arrested on October 10th, 2001, in the Kedah, Kelantan and Perak regions, include:
· Khairuddin Saad (30), religious teacher in Merbok, Kedah, arrested at his home at 7:15 am;
· Zulkifli Zul Memali Ahmad (39), religious teacher in Baling, Kedah, arrested at home at 8 am;
· Mohamad Zulkifli Pak Su Md Isa (35), religious teacher at Madrasah Islahiah Dinniah, arrested at the Baling Police station at 8:28 am;
· Mohd Zulkifli Mohd Zakaria (32), religious teacher in Manjong, Perak, arrested at home at 12:15 am;
· Mohd Salleh Said (30), religious teacher in Ipoh, Perak, arrested at the Sekolah Raja Perempuan Ta'ayah school at 10:40 am;
· Hazami Ishak (33), businessman in Kota Baru, Kelantan, arrested at his father-in-law's house in Pasir Mas, Kelantan at 2:10 am.
According to the information received, these persons were arrested on suspicion of being involved in activities that could threaten State security, and had been under surveillance by a team under the supervision of the Bukit Aman Federal Police headquarters. The detainees are reportedly thought to be part of the Kumpulan Militan Malaysia (KMM) - also known as the Malaysian Mujahedin Group - which is accused of having committed several crimes, including bank robberies, an attack on a church and a murder. The authorities claim that this group is planning a coup in order to establish an Islamic State, and that its members have been trained at military and religious training camps in Afghanistan. According to the information received, businessman Hazami Ishak studied in Pakistan between 1990 and 1995, at which time it is reported that he is thought to have undergone military training with the Mujahidin in Aghanistan.
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 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 Minister of Home Affairs, meaning that the person can effectively be detained indefinitely without a trial. Under the auspices of the ISA, there is no obligation to make evidence public. Detainees being held 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, which are allegedly often used to extract false signed confessions from the detainees.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the six persons that have been detaine under the ISA, as they are at risk of being subjected to ill-treatment, including poor detention conditions, a lack of access to their families, lawyers, medical assistance, and that they may potentially be tortured during this time. OMCT continues to urge 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).
Brief reminder of the situation
According to the information received, nine activists, three of whom are members of the Parti Islam SeMalaysia (PAS) Islamic political party, were arrested under the auspices of the ISA between August 2nd and August 4th, 2001. These persons include: Asfawani Abdullah; Abu Bakar Che Doi; Zainun Ismail; Solehan Abdul Ghaffar; Alias Ngah; Ahmad Pozi Darman; Ahmad Tajuddin Abu Bakar; Nik Adli Nik Abdul Aziz; and Mohd Lothfi Ariffin. They are being detained at Kamunting detention camp. They are also suspected of belonging to the KMM. According to the information received, these arrests and detentions are aimed at discrediting the PAS Islamic political party, as three of the detainees in question are members of the party. The authorities are reportedly trying to make the PAS appear to be an Islamic extremist movement.
Remarks
In Urgent Appeal Case MYS 070801.1 on October 3rd, 2001, OMCT expressed fears that there may be an increase in the number of arrests made under the auspices of the ISA in the near future, as it is thought that Malaysia may use the recent terrorist acts on the USA, and the ensuing global increase in anti-terrorist security activity, to justify cracking down further Islamic opposition groups. The Malaysian Auhtorities have reportedly claimed that these deplorable events justify maintaining the ISA, despite International and domestic condemnation of the law.
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, October 12th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case MYS 070801.1
Arbitrary arrests/Incommunicado detention/Risk of torture
Geneva, October 12th, 2001
The International Secretariat of OMCT has received new information regarding the following situation in Malaysia.
New information
The International Secretariat of OMCT has been informed by the reliable source of the arrest of six more Islamic militant activists under the ISA in Malaysia.
According to the information received, another six persons have been arbitrarily arrested under section 73(1) of the Internal Security Act (ISA), as part of a crack-down by the Malaysian Authorities on Islamic militant and political opposition groups. The persons that were arrested on October 10th, 2001, in the Kedah, Kelantan and Perak regions, include:
· Khairuddin Saad (30), religious teacher in Merbok, Kedah, arrested at his home at 7:15 am;
· Zulkifli Zul Memali Ahmad (39), religious teacher in Baling, Kedah, arrested at home at 8 am;
· Mohamad Zulkifli Pak Su Md Isa (35), religious teacher at Madrasah Islahiah Dinniah, arrested at the Baling Police station at 8:28 am;
· Mohd Zulkifli Mohd Zakaria (32), religious teacher in Manjong, Perak, arrested at home at 12:15 am;
· Mohd Salleh Said (30), religious teacher in Ipoh, Perak, arrested at the Sekolah Raja Perempuan Ta'ayah school at 10:40 am;
· Hazami Ishak (33), businessman in Kota Baru, Kelantan, arrested at his father-in-law's house in Pasir Mas, Kelantan at 2:10 am.
According to the information received, these persons were arrested on suspicion of being involved in activities that could threaten State security, and had been under surveillance by a team under the supervision of the Bukit Aman Federal Police headquarters. The detainees are reportedly thought to be part of the Kumpulan Militan Malaysia (KMM) - also known as the Malaysian Mujahedin Group - which is accused of having committed several crimes, including bank robberies, an attack on a church and a murder. The authorities claim that this group is planning a coup in order to establish an Islamic State, and that its members have been trained at military and religious training camps in Afghanistan. According to the information received, businessman Hazami Ishak studied in Pakistan between 1990 and 1995, at which time it is reported that he is thought to have undergone military training with the Mujahidin in Aghanistan.
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 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 Minister of Home Affairs, meaning that the person can effectively be detained indefinitely without a trial. Under the auspices of the ISA, there is no obligation to make evidence public. Detainees being held 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, which are allegedly often used to extract false signed confessions from the detainees.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the six persons that have been detaine under the ISA, as they are at risk of being subjected to ill-treatment, including poor detention conditions, a lack of access to their families, lawyers, medical assistance, and that they may potentially be tortured during this time. OMCT continues to urge 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).
Brief reminder of the situation
According to the information received, nine activists, three of whom are members of the Parti Islam SeMalaysia (PAS) Islamic political party, were arrested under the auspices of the ISA between August 2nd and August 4th, 2001. These persons include: Asfawani Abdullah; Abu Bakar Che Doi; Zainun Ismail; Solehan Abdul Ghaffar; Alias Ngah; Ahmad Pozi Darman; Ahmad Tajuddin Abu Bakar; Nik Adli Nik Abdul Aziz; and Mohd Lothfi Ariffin. They are being detained at Kamunting detention camp. They are also suspected of belonging to the KMM. According to the information received, these arrests and detentions are aimed at discrediting the PAS Islamic political party, as three of the detainees in question are members of the party. The authorities are reportedly trying to make the PAS appear to be an Islamic extremist movement.
Remarks
In Urgent Appeal Case MYS 070801.1 on October 3rd, 2001, OMCT expressed fears that there may be an increase in the number of arrests made under the auspices of the ISA in the near future, as it is thought that Malaysia may use the recent terrorist acts on the USA, and the ensuing global increase in anti-terrorist security activity, to justify cracking down further Islamic opposition groups. The Malaysian Auhtorities have reportedly claimed that these deplorable events justify maintaining the ISA, despite International and domestic condemnation of the law.
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, October 12th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.