Malaysia
19.11.03
Urgent Interventions
Malaysia: detention under the ISA of 13 students
Case MYS 191103 / MYS 191103.CC
URGENT APPEAL / CHILD CONCERN
Arbitrary detention
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 Suara Rakyat Malaysia (SUARAM), a member of the OMCT network, of the arrest of 13 students under the Internal Security Act (ISA), which allows for indefinite detention without trial. Three of them are still children: Nurul Mohd Fakri bin Mohd Safar, Faiz Hassan bin Kamarulzaman (both 17 years old) and Muhammad Tarmizi Nordin (16 years old). The others are: Ahmad Muaz bin Al Bakry (20), Muhammad Radzi bin Abdul Razak (19), Mohd Akil bin Abdul Raof (21), Eddy Erman bin Shahime (19), Muhammad Ariffin bin Zulkarnain(18), Abi Dzar bin Jaafar (18), Mohd Ikhwan Abdullah (19), Ahmad Firdaus Kamaruddin (18), Amin Ahmad (20), Shahrul Nizam Amir Hamzah (21).
According to the information received, they are all students in Karachi (Pakistan), where they were arrested on September 20th, 2003 – together with 2 Indonesians – on suspicion of being Islamic militants. The Malaysian Deputy Home Minister Chor Chee Heug said on September 25th, 2003, that the 13 Malaysians could be “future leaders” of the regional terror network Jemaah Islamiah (JI).
On November 10th, 2003, Pakistani security forces deported the 13 students to Malaysia, where they were immediately arrested and detained under the ISA. Two days later, Prime Minister Abdullah Ahmad Badawi defended the detention without trial, stating that they had been “arrested under the Act to facilitate police investigations" concerning their alleged involvement in JI.
On November 17th,OMCT was informed that the police had granted legal access to 9 of the 13 detainees, including the three children. However, the lawyer will only be allowed to meet them on Friday the 21st of November - after 11 days of detention. Although legal assistance to detainees under the ISA is already an improvement in itself, we recall that “in normal cases, those arrested have to be brought to court within 24 hours”, as the lawyer charged with the case declared. He will only have 15 to 20 minutes to talk to each of the 9 detainees, which is “definitely insufficient,” according to his statement. In addition, he fears that the meetings will most likely be monitored by the police. OMCT is concerned by these conditions.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of these detainees, notably the three children. OMCT recalls that Malaysia, as a state party to the Convention of the Rights of the Child, is bound by the provision that a child shall only be deprived of liberty “(…) as a measure of last resort and for the shortest appropriate period of time” (Art. 37 (b)), as well as the “guarantee to be presumed innocent until proven guilty according to law (i) and to have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law (iii)” (Art. 40, §2.(b)). We consider that Malaysia - despite the large number of reservations it made - has to fully respect the principles of the Convention. As stated by other state parties, the said reservations are incompatible with the object and purpose of the Convention and are accordingly inadmissible and without effect under international law.
Fight against terrorism
OMCT recalls its position that all counter-terrorism efforts must fully respect fundamental human rights norms and standards, in particular basic guarantees that provide protection to persons in detention. In this respect, OMCT is extremely concerned that, particularly since 11th of September 2001, the Malaysian authorities have frequently used the pretext of counter-terrorist actions to curtail certain fundamental rights. OMCT has received information regarding numerous cases of arbitrary detention, torture and other forms of ill-treatment by law enforcement bodies. Most of the persons concerned were detained under the ISA, which additionally enables impunity for state agents.
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 13 detained students, notably the three children;
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 and, in particular, the Convention on the Rights of the Child.
iv. Abolish the ISA or adapt it to conform with international human rights standards (including to the Convention on the Rights of the Child).
Addresses:
· Prime Minister & Minister of Home Affairs, Dato' Abdullah Haji Ahmad Badawi Ministry of Home Affairs (Menteri Dalam Negeri), Aras 13, Blok D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor, Malaysia, Fax: + 60 3 8886 8014, E-mail: ppm@smpke.jpm.my
· Inspector General of Police, Datuk Seri Mohamed Bakri Omar, Ketua Polis Negara, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50502 Kuala Lumpur, Malaysia, Tel: + 60 3 22731326, Fax: + 60 3 2273 1326 (please note this number is not always available)
· 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
Geneva, November 19th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
URGENT APPEAL / CHILD CONCERN
Arbitrary detention
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 Suara Rakyat Malaysia (SUARAM), a member of the OMCT network, of the arrest of 13 students under the Internal Security Act (ISA), which allows for indefinite detention without trial. Three of them are still children: Nurul Mohd Fakri bin Mohd Safar, Faiz Hassan bin Kamarulzaman (both 17 years old) and Muhammad Tarmizi Nordin (16 years old). The others are: Ahmad Muaz bin Al Bakry (20), Muhammad Radzi bin Abdul Razak (19), Mohd Akil bin Abdul Raof (21), Eddy Erman bin Shahime (19), Muhammad Ariffin bin Zulkarnain(18), Abi Dzar bin Jaafar (18), Mohd Ikhwan Abdullah (19), Ahmad Firdaus Kamaruddin (18), Amin Ahmad (20), Shahrul Nizam Amir Hamzah (21).
According to the information received, they are all students in Karachi (Pakistan), where they were arrested on September 20th, 2003 – together with 2 Indonesians – on suspicion of being Islamic militants. The Malaysian Deputy Home Minister Chor Chee Heug said on September 25th, 2003, that the 13 Malaysians could be “future leaders” of the regional terror network Jemaah Islamiah (JI).
On November 10th, 2003, Pakistani security forces deported the 13 students to Malaysia, where they were immediately arrested and detained under the ISA. Two days later, Prime Minister Abdullah Ahmad Badawi defended the detention without trial, stating that they had been “arrested under the Act to facilitate police investigations" concerning their alleged involvement in JI.
On November 17th,OMCT was informed that the police had granted legal access to 9 of the 13 detainees, including the three children. However, the lawyer will only be allowed to meet them on Friday the 21st of November - after 11 days of detention. Although legal assistance to detainees under the ISA is already an improvement in itself, we recall that “in normal cases, those arrested have to be brought to court within 24 hours”, as the lawyer charged with the case declared. He will only have 15 to 20 minutes to talk to each of the 9 detainees, which is “definitely insufficient,” according to his statement. In addition, he fears that the meetings will most likely be monitored by the police. OMCT is concerned by these conditions.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of these detainees, notably the three children. OMCT recalls that Malaysia, as a state party to the Convention of the Rights of the Child, is bound by the provision that a child shall only be deprived of liberty “(…) as a measure of last resort and for the shortest appropriate period of time” (Art. 37 (b)), as well as the “guarantee to be presumed innocent until proven guilty according to law (i) and to have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law (iii)” (Art. 40, §2.(b)). We consider that Malaysia - despite the large number of reservations it made - has to fully respect the principles of the Convention. As stated by other state parties, the said reservations are incompatible with the object and purpose of the Convention and are accordingly inadmissible and without effect under international law.
Fight against terrorism
OMCT recalls its position that all counter-terrorism efforts must fully respect fundamental human rights norms and standards, in particular basic guarantees that provide protection to persons in detention. In this respect, OMCT is extremely concerned that, particularly since 11th of September 2001, the Malaysian authorities have frequently used the pretext of counter-terrorist actions to curtail certain fundamental rights. OMCT has received information regarding numerous cases of arbitrary detention, torture and other forms of ill-treatment by law enforcement bodies. Most of the persons concerned were detained under the ISA, which additionally enables impunity for state agents.
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 13 detained students, notably the three children;
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 and, in particular, the Convention on the Rights of the Child.
iv. Abolish the ISA or adapt it to conform with international human rights standards (including to the Convention on the Rights of the Child).
Addresses:
· Prime Minister & Minister of Home Affairs, Dato' Abdullah Haji Ahmad Badawi Ministry of Home Affairs (Menteri Dalam Negeri), Aras 13, Blok D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor, Malaysia, Fax: + 60 3 8886 8014, E-mail: ppm@smpke.jpm.my
· Inspector General of Police, Datuk Seri Mohamed Bakri Omar, Ketua Polis Negara, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50502 Kuala Lumpur, Malaysia, Tel: + 60 3 22731326, Fax: + 60 3 2273 1326 (please note this number is not always available)
· 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
Geneva, November 19th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.