Malaysia
18.09.03
Urgent Interventions
Malaysia: Detention Order Expires for 9 ISA detainees
Case MYS 070801.3
Follow-up of Case MYS 070801
Release/Fair Trial
The International Secretariat of OMCT has received new information concerning the following situation in Malaysia.
New Information
The International Secretariat of OMCT has been informed by a reliable source that the detention order for the 9 detainees listed below expires on September 23rd, 2003. These 9 people have been detained without trial since their arrests in August of 2001 and, under the Internal Security Act (ISA), their detention orders can be renewed indefinitely by the Home Minister without even going to court.
According to the information received, the persons arrested under the ISA between August 2nd and August 4th include:
· Asfawani Abdullah (arrested in Kuala Keti, Kedah);
· Abu Bakar Che Doi (arrested in Tilam Batu, Kedah);
· Zainun Ismail (PAS youth leader, arrested in Baling, Kedah);
· Solehan Abdul Ghaffar (arrested on August 2nd in Wakaf Tembesu, Terengganu);
· Alias Ngah (arrested on August 2nd in Manir, Terengganu);
· Ahmad Pozi Darman (Ulu Tilam, Johor);
· Ahmad Tajuddin Abu Bakar (PAS Larut Youth Chief, arrested on August 2nd in the state of Perak);
· Nik Adli Nik Abdul Aziz (son of Chief Minister of PAS party in Kelantan, arrested on August 4th in Kota Baharu, Kelantan);
· Mohd Lothfi Ariffin (arrested on August 4th Kg Sidek Kupang, Kedah).
In the past, the ISA has been used repeatedly to contain the democratic movement and opposition leaders in the country. Many have remained in detention for years without trial and suffered inhumane treatment in detention including torture.
The International Secretariat of OMCT urges that the detainees being held under the Internal Security Act are released or charged in an open court. OMCT condemns the ISA’s history of violating the right to trial and the right to counsel. OMCT fears that if the detention order is renewed, the detainees continue to be 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. OMCT continues to urge the Malaysian authorities to reconsider the ISA as a whole.
Brief reminder of the situation
According to the information received, 10 persons, including Parti Islam SeMalaysia (PAS) opposition party members, were under the Internal Security Act (ISA) during the first week of August 2001.
According to the information received, Prime Minister Dr. Mahathir has claimed that the PAS party was holding a series of gatherings despite a ban on such activities, in order to force the Government to arrest participants under the ISA, leading to an increase in the growing popular anti-Government sentiment. This ban has been criticised by Suhakam, the Malaysian Human Rights Commission. Deputy Prime Minister Abdullah Ahmad Badawi, however, has denied that these arrests were part of a police crackdown on PAS. In contradiction, Police Chief Norian Mai has stated that the arrests under the ISA were conducted on suspicion of these persons being members of a group known as “Mujahedin Group”, who are accused of waging an Islamic “holy war,” adding that all of them had undergone training in Afghanistain.
According to the information received, leader Norashid Sakip was arrested under the article 73 of the ISA. Little is known at this time concerning the circumstances of the arrests of the other nine men, except for the fact that no official reasons for their arrests have been given and no charges have been brought against them.
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
- Prime Minister, Dato' Seri Mahathir bin Mohamad, Prime Minister's Office, Federal Government Administration Center, 62502 Putrajaya, Malaysia, Fax: +603 8888 3444, E-mail: ppm@smpke.jpm.my
- Minister of Home Affairs & Deputy Prime Minister, Dato Abdullah Haji Ahmad Badawi, Menteri Dalam Negeri,Aras 13, Blok D1,Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor, Malaysia, Fax: +60388868014/83963, E-mail: tpm@smpke.jpm.my
- Inspector General of Police, Tan Sri Norian Mai, 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, Human Rights Commission (SUHAKAM), Ybhg. Tan Sri Musa Hitam 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@humanrights.com.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
Please also write to the embassies of Malaysia in your respective country.
Geneva, September 18th,2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case MYS 070801
Release/Fair Trial
The International Secretariat of OMCT has received new information concerning the following situation in Malaysia.
New Information
The International Secretariat of OMCT has been informed by a reliable source that the detention order for the 9 detainees listed below expires on September 23rd, 2003. These 9 people have been detained without trial since their arrests in August of 2001 and, under the Internal Security Act (ISA), their detention orders can be renewed indefinitely by the Home Minister without even going to court.
According to the information received, the persons arrested under the ISA between August 2nd and August 4th include:
· Asfawani Abdullah (arrested in Kuala Keti, Kedah);
· Abu Bakar Che Doi (arrested in Tilam Batu, Kedah);
· Zainun Ismail (PAS youth leader, arrested in Baling, Kedah);
· Solehan Abdul Ghaffar (arrested on August 2nd in Wakaf Tembesu, Terengganu);
· Alias Ngah (arrested on August 2nd in Manir, Terengganu);
· Ahmad Pozi Darman (Ulu Tilam, Johor);
· Ahmad Tajuddin Abu Bakar (PAS Larut Youth Chief, arrested on August 2nd in the state of Perak);
· Nik Adli Nik Abdul Aziz (son of Chief Minister of PAS party in Kelantan, arrested on August 4th in Kota Baharu, Kelantan);
· Mohd Lothfi Ariffin (arrested on August 4th Kg Sidek Kupang, Kedah).
In the past, the ISA has been used repeatedly to contain the democratic movement and opposition leaders in the country. Many have remained in detention for years without trial and suffered inhumane treatment in detention including torture.
The International Secretariat of OMCT urges that the detainees being held under the Internal Security Act are released or charged in an open court. OMCT condemns the ISA’s history of violating the right to trial and the right to counsel. OMCT fears that if the detention order is renewed, the detainees continue to be 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. OMCT continues to urge the Malaysian authorities to reconsider the ISA as a whole.
Brief reminder of the situation
According to the information received, 10 persons, including Parti Islam SeMalaysia (PAS) opposition party members, were under the Internal Security Act (ISA) during the first week of August 2001.
According to the information received, Prime Minister Dr. Mahathir has claimed that the PAS party was holding a series of gatherings despite a ban on such activities, in order to force the Government to arrest participants under the ISA, leading to an increase in the growing popular anti-Government sentiment. This ban has been criticised by Suhakam, the Malaysian Human Rights Commission. Deputy Prime Minister Abdullah Ahmad Badawi, however, has denied that these arrests were part of a police crackdown on PAS. In contradiction, Police Chief Norian Mai has stated that the arrests under the ISA were conducted on suspicion of these persons being members of a group known as “Mujahedin Group”, who are accused of waging an Islamic “holy war,” adding that all of them had undergone training in Afghanistain.
According to the information received, leader Norashid Sakip was arrested under the article 73 of the ISA. Little is known at this time concerning the circumstances of the arrests of the other nine men, except for the fact that no official reasons for their arrests have been given and no charges have been brought against them.
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
- Prime Minister, Dato' Seri Mahathir bin Mohamad, Prime Minister's Office, Federal Government Administration Center, 62502 Putrajaya, Malaysia, Fax: +603 8888 3444, E-mail: ppm@smpke.jpm.my
- Minister of Home Affairs & Deputy Prime Minister, Dato Abdullah Haji Ahmad Badawi, Menteri Dalam Negeri,Aras 13, Blok D1,Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor, Malaysia, Fax: +60388868014/83963, E-mail: tpm@smpke.jpm.my
- Inspector General of Police, Tan Sri Norian Mai, 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, Human Rights Commission (SUHAKAM), Ybhg. Tan Sri Musa Hitam 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@humanrights.com.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
Please also write to the embassies of Malaysia in your respective country.
Geneva, September 18th,2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.