Malaysia
18.05.04
Urgent Interventions
Malaysia: attack and harassment on Mr. Ponnusamy Uthayakumar
URGENT APPEAL –THE OBSERVATORY
MYS 001 / 0504 / OBS 037
Harassment/ physical attack
Malaysia
May 18, 2004
The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Malaysia.
Brief description:
The Observatory has been informed by Suara Rakyat Malaysia (SUARAM) of the physical attack and repeated acts of harassment against Mr. Ponnusamy Uthayakumar, a human rights lawyer and activist.
According to the information received, Mr. Uthayakumar was on his way home from his office, on Jalan Medang Tandok road in the Bangsar area of Kuala Lumpur, at around 7.15 pm on May 10, 2004, when he was attacked by three unidentified people wielding a sledge hammer. Reportedly, during the incident one of the attackers pointed a gun at Mr. Uthayakumar. Although he managed to escape, he sustained injuries on his body, face and head.
Mr. Uthayakumar had been subjected to acts of harassment in the past. On April 27, 2004, the windshield of his car was smashed. On April 30, 2004, he was arrested along with eleven persons while they were about to file a police complaint concerning a case of death in custody of a 23 year old. He was also arrested in January 2003 and held for two days after attending an inquiry concerning a case of death in custody. During this detention, he was abused, humiliated, stripped to the underwear and photographed and video taped in front of nine police officers. Mr. Uthayakumar was also denied legal representation. He was initially charged under Section 228 of the Penal Code (contempt of court) and Penal Code 506 (criminal intimidation) but all charges against him were dropped after protests organised by the Bar Council of Malaysia. The High Court found the charges were brought against him in bad faith.
The Observatory fears that these acts of harassment and the attack of May 10, 2004, are related to Mr. Uthayakumar’s human rights activities. He has been actively involved in investigating cases of abuse of police powers and deaths in police custody. In particular, during the last month, Mr. Uthayakumar has been actively working on the case of Francis Udayapan, who allegedly died while in police custody. This case has attracted public interest.
The Observatory is deeply concerned by these acts of harassment and threats to the life of Mr. Uthayakumar and urges authorities to conform with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular article 1, which states that "everyone 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 its article 12.2 which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or 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."
Actions requested:
Please write to the Malaysian authorities and ask them to:
i. Ensure in all circumstances the physical and psychological integrity of Mr. Uthayakumar as well as other human rights defenders;
ii. Order an independent and impartial investigation into the attack on Mr. Uthayakumar, in order to identify those responsible, bring them before a civil, competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iii. Put an end to any kind of harassment against human rights defenders in Malaysia;
iv. conform to the provisions of the Declaration on Humans Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular article 1 and 12.2 above mentioned;
v. ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards.
Addresses:
- Prime Minister, Dato' Abdullah Haji Ahmad Badawi, Minister of Internal Security, Block D1, Parcal D, Pusat Pentadbiran Putrajaya, 62502 Putrajaya, Selangor, Malaysia, Fax: + 60 3 8886 8014, e-mail: abdullah@kdn.gov.my
- Inspector General of Police, Datuk Seri Mohd Bakri Omar, Ketua Polis Negara, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50502 Kuala Lumpur, Malaysia, Fax: + 60 3 2273 1326
- Deputy Public Prosecutor, Stanley Augustin, Timbalan Pendakwa Raya, Jabatan Peguam Negara, Tingkat 16, Bahagian Pendakwaan, Bangunan Bank Rakyat, Jalan Tangsi 50512, Kuala Lumpur, Malaysia, Fax: 603 2698 4457
- Chairman of Human Rights Commission, Tan Sri Abu Talib Othman, Suruhanjaya Hak Asasi Manusia Malaysia, 29th Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia, Fax: + 60 3 2612 5620, e-mail: humanrights@suhakam.org.my
- Ambassadeur, Rajmah, Hussain, ICC-1er/ H, Pré-Bois 20, CP 1834, CH-1215, Genève 15, Suisse, E-mail : mwgeneva@ties.itu.int, Fax: +4122 710 75 01
Paris – Geneva, May 18, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
E-mail: observatoire@iprolink.ch
Tel and fax FIDH 33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT + 4122 809 49 39 / 41 22 809 49 29
MYS 001 / 0504 / OBS 037
Harassment/ physical attack
Malaysia
May 18, 2004
The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Malaysia.
Brief description:
The Observatory has been informed by Suara Rakyat Malaysia (SUARAM) of the physical attack and repeated acts of harassment against Mr. Ponnusamy Uthayakumar, a human rights lawyer and activist.
According to the information received, Mr. Uthayakumar was on his way home from his office, on Jalan Medang Tandok road in the Bangsar area of Kuala Lumpur, at around 7.15 pm on May 10, 2004, when he was attacked by three unidentified people wielding a sledge hammer. Reportedly, during the incident one of the attackers pointed a gun at Mr. Uthayakumar. Although he managed to escape, he sustained injuries on his body, face and head.
Mr. Uthayakumar had been subjected to acts of harassment in the past. On April 27, 2004, the windshield of his car was smashed. On April 30, 2004, he was arrested along with eleven persons while they were about to file a police complaint concerning a case of death in custody of a 23 year old. He was also arrested in January 2003 and held for two days after attending an inquiry concerning a case of death in custody. During this detention, he was abused, humiliated, stripped to the underwear and photographed and video taped in front of nine police officers. Mr. Uthayakumar was also denied legal representation. He was initially charged under Section 228 of the Penal Code (contempt of court) and Penal Code 506 (criminal intimidation) but all charges against him were dropped after protests organised by the Bar Council of Malaysia. The High Court found the charges were brought against him in bad faith.
The Observatory fears that these acts of harassment and the attack of May 10, 2004, are related to Mr. Uthayakumar’s human rights activities. He has been actively involved in investigating cases of abuse of police powers and deaths in police custody. In particular, during the last month, Mr. Uthayakumar has been actively working on the case of Francis Udayapan, who allegedly died while in police custody. This case has attracted public interest.
The Observatory is deeply concerned by these acts of harassment and threats to the life of Mr. Uthayakumar and urges authorities to conform with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular article 1, which states that "everyone 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 its article 12.2 which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or 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."
Actions requested:
Please write to the Malaysian authorities and ask them to:
i. Ensure in all circumstances the physical and psychological integrity of Mr. Uthayakumar as well as other human rights defenders;
ii. Order an independent and impartial investigation into the attack on Mr. Uthayakumar, in order to identify those responsible, bring them before a civil, competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iii. Put an end to any kind of harassment against human rights defenders in Malaysia;
iv. conform to the provisions of the Declaration on Humans Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular article 1 and 12.2 above mentioned;
v. ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards.
Addresses:
- Prime Minister, Dato' Abdullah Haji Ahmad Badawi, Minister of Internal Security, Block D1, Parcal D, Pusat Pentadbiran Putrajaya, 62502 Putrajaya, Selangor, Malaysia, Fax: + 60 3 8886 8014, e-mail: abdullah@kdn.gov.my
- Inspector General of Police, Datuk Seri Mohd Bakri Omar, Ketua Polis Negara, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50502 Kuala Lumpur, Malaysia, Fax: + 60 3 2273 1326
- Deputy Public Prosecutor, Stanley Augustin, Timbalan Pendakwa Raya, Jabatan Peguam Negara, Tingkat 16, Bahagian Pendakwaan, Bangunan Bank Rakyat, Jalan Tangsi 50512, Kuala Lumpur, Malaysia, Fax: 603 2698 4457
- Chairman of Human Rights Commission, Tan Sri Abu Talib Othman, Suruhanjaya Hak Asasi Manusia Malaysia, 29th Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia, Fax: + 60 3 2612 5620, e-mail: humanrights@suhakam.org.my
- Ambassadeur, Rajmah, Hussain, ICC-1er/ H, Pré-Bois 20, CP 1834, CH-1215, Genève 15, Suisse, E-mail : mwgeneva@ties.itu.int, Fax: +4122 710 75 01
Paris – Geneva, May 18, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
E-mail: observatoire@iprolink.ch
Tel and fax FIDH 33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT + 4122 809 49 39 / 41 22 809 49 29