Malaysia
19.10.01
Urgent Interventions
Malaysia: developments concerning Habeas Corpus applications made by five ISA detainees
Case MYS 110401.5
Fifth follow-up of Case MYS 110401
Due process and fair trial / Ill treatment
Geneva, Octobre 19th 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 a reliable source of developments concerning Habeas Corpus applications made by five Internal Security Act (ISA) detainees in an appeal to the Federal Court in Malaysia.
According to the information received, the Federal Court, represented by a panel lead by Chief Justice Mohamed Dzaiddin Abdullah and including four other judges, ruled on October 17th 2001 that High Court of Justice Judge Augustine Paul didn't act in bias in dismissing the Habeas Corpus applications made by five Keadilan Party members and reform activists that are being detained under ISA. The applicants, who appealed this decision on April 25th 2001, after their application was refused, are:
· Mohamed Ezam Mohd Nor (Head of the National Youth - NY - movement)
· Chua Tian Chang (NY Vice President), also known as Tian Chua
· Saari Sungib (April 14th Rally Organising Chairperson)
· Raja Petra Kamaruddin, (the FreeAnwar.com webmaster) who has since been released due to local and international pressure campaigns - see urgent appeal MYS 110401.3
· Hishamuddin Rais, a free-lance journalist and film maker
According to the information received, Mr Tian Chua’s health has reportedly deteriorated considerably during his detention.
The Habeas Corpus appeal was launched by their lawyer, Malik Imtiaz Sarwar, who considered the impartiality of Justice Augustine Paul to be questionable, because he also presided over former deputy premier Anwar Ibrahim' corruption trial, which is the root cause of the demonstrations which led to these persons’ arrests. The six years prison sentence that was handed to Anwar Ibrahim had been criticised by Keadilan Party members, due to alleged irregularities during the trial. Since then, the date upon which the verdict was announced, September 14th 1999, has been commemorated under the name “Black 14”. It was during the organisation phase of a commemoration rally, planned to be held on April 14th 2001 at the National Human Rights Commision, that the five activists mentioned above were arrested. They were arrested on either the 10th or 11th of April, 2001.
According to the information received, 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 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.
The International Secretariat of OMCT expresses its grave concern about the physical and psychological integrity of the four Kalidean members still being detained under the ISA, given the poor conditions in which they are reportedly being detained, and the deteriorating health of at least one of their number. Furthermore, OMCT remains gravely concerned that, due to the wide-ranging powers given to the authorities under the ISA, they are being denied their proceedural rights and are being detained illegally, without having the legal means to effectively appeal their imprisonment for an initial period of two years. OMCT recalls that among the ten people arrested under the ISA during April, two were released after Habeas Corpus applications were accepted, and that the same interpretation of the law should prevail for all of those being held under the ISA. Despite this set-back, the appeal is still being considered by the Federal Court.
Brief reminder of the situation
The Malaysian authorities arrested five pro-reform activists under the ISA on April 10, 2001. These included: Mr. Mahd. Ezam Mhd. Noor ; Mr. Chua Tian Chang ; Mr. N Gobala Krishnan (NY Secretary); Mr. Haji Saari Sungip; and Mr. Hishamuddin Rais. This was followed on April 11, 2001, by the arrest of Mr. Raja Petra Kamaruddin (Free Anwar Campaign website executive director), also under the auspices of the ISA.
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, Octobre 19th 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Fifth follow-up of Case MYS 110401
Due process and fair trial / Ill treatment
Geneva, Octobre 19th 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 a reliable source of developments concerning Habeas Corpus applications made by five Internal Security Act (ISA) detainees in an appeal to the Federal Court in Malaysia.
According to the information received, the Federal Court, represented by a panel lead by Chief Justice Mohamed Dzaiddin Abdullah and including four other judges, ruled on October 17th 2001 that High Court of Justice Judge Augustine Paul didn't act in bias in dismissing the Habeas Corpus applications made by five Keadilan Party members and reform activists that are being detained under ISA. The applicants, who appealed this decision on April 25th 2001, after their application was refused, are:
· Mohamed Ezam Mohd Nor (Head of the National Youth - NY - movement)
· Chua Tian Chang (NY Vice President), also known as Tian Chua
· Saari Sungib (April 14th Rally Organising Chairperson)
· Raja Petra Kamaruddin, (the FreeAnwar.com webmaster) who has since been released due to local and international pressure campaigns - see urgent appeal MYS 110401.3
· Hishamuddin Rais, a free-lance journalist and film maker
According to the information received, Mr Tian Chua’s health has reportedly deteriorated considerably during his detention.
The Habeas Corpus appeal was launched by their lawyer, Malik Imtiaz Sarwar, who considered the impartiality of Justice Augustine Paul to be questionable, because he also presided over former deputy premier Anwar Ibrahim' corruption trial, which is the root cause of the demonstrations which led to these persons’ arrests. The six years prison sentence that was handed to Anwar Ibrahim had been criticised by Keadilan Party members, due to alleged irregularities during the trial. Since then, the date upon which the verdict was announced, September 14th 1999, has been commemorated under the name “Black 14”. It was during the organisation phase of a commemoration rally, planned to be held on April 14th 2001 at the National Human Rights Commision, that the five activists mentioned above were arrested. They were arrested on either the 10th or 11th of April, 2001.
According to the information received, 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 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.
The International Secretariat of OMCT expresses its grave concern about the physical and psychological integrity of the four Kalidean members still being detained under the ISA, given the poor conditions in which they are reportedly being detained, and the deteriorating health of at least one of their number. Furthermore, OMCT remains gravely concerned that, due to the wide-ranging powers given to the authorities under the ISA, they are being denied their proceedural rights and are being detained illegally, without having the legal means to effectively appeal their imprisonment for an initial period of two years. OMCT recalls that among the ten people arrested under the ISA during April, two were released after Habeas Corpus applications were accepted, and that the same interpretation of the law should prevail for all of those being held under the ISA. Despite this set-back, the appeal is still being considered by the Federal Court.
Brief reminder of the situation
The Malaysian authorities arrested five pro-reform activists under the ISA on April 10, 2001. These included: Mr. Mahd. Ezam Mhd. Noor ; Mr. Chua Tian Chang ; Mr. N Gobala Krishnan (NY Secretary); Mr. Haji Saari Sungip; and Mr. Hishamuddin Rais. This was followed on April 11, 2001, by the arrest of Mr. Raja Petra Kamaruddin (Free Anwar Campaign website executive director), also under the auspices of the ISA.
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, Octobre 19th 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.