Malaysia
06.01.04
Urgent Interventions
Malaysia: extension of detention by 2 years under ISA for 5 youths
Case MYS 191103.1 / MYS 191103.1CC
Follow-up of Case MYS 191103 / 191103.CC
URGENT APPEAL / CHILD CONCERN
Release / Incommunicado detention / Harassment
Geneva, January 6th, 2004
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Malaysia.
New information
The International Secretariat of OMCT has been informed by Suara Rakyat Malaysia (SUARAM), a member of the OMCT network, of the release of 8 detainees, including 3 children, who had been arrested under the Malaysian Internal Security Act (ISA) on November 10th, 2003. OMCT welcomes this decision by the Malaysian authorities and wishes to thank all the persons and institutions that intervened on their behalf.
However, according to the information received on January 1st 2004, 5 young men remain in custody following their November arrests. They are Muhammad Radzi bin Abdul Razak (19), Mohd Akil bin Abdul Raof (21), Eddy Erman bin Shahime (19), Abi Dzar bin Jaafar (18) and Mohd Ikhwan Abdullah (19). On December 8th, the Malaysian Home Minister decided to extend the detention orders issued against these alleged Jemaah Islamiyah (JI) members by a further 2 years under Section 8 of the ISA. They had previously been detained for 60 days under Section 73 of the ISA. The 5 detainees reportedly continue to be subjected to police interrogation and are being held at unknown locations, although they are supposed to be detained at Kamunting Detention Centre. SUARAM does not have any contact with them or any further information about their situation or whereabouts.
The Home Minister announced the decision to extend their detention only 3 days prior to the Kuala Lumpur High Court's hearing of the young men's Habeas Corpus application, which should have been heard on December 11th.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the detainees and believes that the ISA should not be used to further detain and interrogate the young men, as it exposes them to a high risk of physical and psychological ill-treatment and potentially torture. OMCT recalls that the incommunicado detention without trial of these 5 students is a gross violation of their fundamental human rights. If they are indeed involved in JI as alleged, the Malaysian authorities should produce them before a competent and impartial court and present evidence of their alleged acts. If evidence can not be provided, the detainees should be released immediately.
OMCT has also been informed about the harassment by the police of 16-year-old Muhammad Tarmizi Nordin, one of the afore mentioned children arrested under ISA on November 10th, 2003 and released on November 24th.
According to the information received, although he was unconditionally released, a police officer who introduced himself as Mr. Harun, reportedly contacted Muhammad Tarmizi Nordin by telephone on December 23rd, 2003, ordering him to come to the Sepang District Police Headquarters on December 25th for a meeting.
OMCT is concerned for the psychological integrity of the boy and considers that contacting him directly, without respecting formal procedures and having the proper documents, is a form of harassment and constitutes a violation of the International Convention on the Rights of the Child, which states in its Art. 16 that (1) "no child should be subjected to arbitrary or unlawful interference with his or her privacy" and that (2) "the child has the right of protection of law against such interference". Art. 40 of the Convention reaffirms this principle: "every child alleged as, accused of, or recognised as having infringed the penal law", has the right "to have his or her privacy fully respected at all the stages of the proceedings". (Art. 40, 2(b)). If the police wants to meet the boy again, it should respect the required formal procedure and contact the boy's parents as well as his lawyers.
Brief reminder of the situation
The 13 young men and children involved in the case were all students in Karachi (Pakistan), where they were arrested on September 20th 2003, on the suspicion of being Islamic militants. The Malaysian Deputy Home Minister Chor Chee Heug then said on September 25th, that the 13 Malaysians could be “future leaders” of the regional terror network JI. On November 10th, 2003, Pakistani security forces deported the 13 students to Malaysia, where they were immediately arrested and detained under ISA section 73. 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. The detainees received legal assistance only 11 days later, after pressure by various human rights organizations.
Action requested
Please write to the authorities in Malaysia urging them to:
i. take all necessary measures to locate the whereabouts and to guarantee the physical and psychological integrity of Muhammad Radzi bin Abdul Razak, Mohd Akil bin Abdul Raof, Eddy Erman bin Shahime, Abi Dzar bin Jaafar and Mohd Ikhwan Abdullah;
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. ensure an immediate and impartial investigation into the above-mentioned alleged acts of harassment of 16-year-old Muhammad Tarmizi Nordin in order to identify those responsible and to put a halt to these acts;
iv. guarantee adequate reparation for the afore-mentioned victims;
v. 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;
vi. 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, January 6th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case MYS 191103 / 191103.CC
URGENT APPEAL / CHILD CONCERN
Release / Incommunicado detention / Harassment
Geneva, January 6th, 2004
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Malaysia.
New information
The International Secretariat of OMCT has been informed by Suara Rakyat Malaysia (SUARAM), a member of the OMCT network, of the release of 8 detainees, including 3 children, who had been arrested under the Malaysian Internal Security Act (ISA) on November 10th, 2003. OMCT welcomes this decision by the Malaysian authorities and wishes to thank all the persons and institutions that intervened on their behalf.
However, according to the information received on January 1st 2004, 5 young men remain in custody following their November arrests. They are Muhammad Radzi bin Abdul Razak (19), Mohd Akil bin Abdul Raof (21), Eddy Erman bin Shahime (19), Abi Dzar bin Jaafar (18) and Mohd Ikhwan Abdullah (19). On December 8th, the Malaysian Home Minister decided to extend the detention orders issued against these alleged Jemaah Islamiyah (JI) members by a further 2 years under Section 8 of the ISA. They had previously been detained for 60 days under Section 73 of the ISA. The 5 detainees reportedly continue to be subjected to police interrogation and are being held at unknown locations, although they are supposed to be detained at Kamunting Detention Centre. SUARAM does not have any contact with them or any further information about their situation or whereabouts.
The Home Minister announced the decision to extend their detention only 3 days prior to the Kuala Lumpur High Court's hearing of the young men's Habeas Corpus application, which should have been heard on December 11th.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the detainees and believes that the ISA should not be used to further detain and interrogate the young men, as it exposes them to a high risk of physical and psychological ill-treatment and potentially torture. OMCT recalls that the incommunicado detention without trial of these 5 students is a gross violation of their fundamental human rights. If they are indeed involved in JI as alleged, the Malaysian authorities should produce them before a competent and impartial court and present evidence of their alleged acts. If evidence can not be provided, the detainees should be released immediately.
OMCT has also been informed about the harassment by the police of 16-year-old Muhammad Tarmizi Nordin, one of the afore mentioned children arrested under ISA on November 10th, 2003 and released on November 24th.
According to the information received, although he was unconditionally released, a police officer who introduced himself as Mr. Harun, reportedly contacted Muhammad Tarmizi Nordin by telephone on December 23rd, 2003, ordering him to come to the Sepang District Police Headquarters on December 25th for a meeting.
OMCT is concerned for the psychological integrity of the boy and considers that contacting him directly, without respecting formal procedures and having the proper documents, is a form of harassment and constitutes a violation of the International Convention on the Rights of the Child, which states in its Art. 16 that (1) "no child should be subjected to arbitrary or unlawful interference with his or her privacy" and that (2) "the child has the right of protection of law against such interference". Art. 40 of the Convention reaffirms this principle: "every child alleged as, accused of, or recognised as having infringed the penal law", has the right "to have his or her privacy fully respected at all the stages of the proceedings". (Art. 40, 2(b)). If the police wants to meet the boy again, it should respect the required formal procedure and contact the boy's parents as well as his lawyers.
Brief reminder of the situation
The 13 young men and children involved in the case were all students in Karachi (Pakistan), where they were arrested on September 20th 2003, on the suspicion of being Islamic militants. The Malaysian Deputy Home Minister Chor Chee Heug then said on September 25th, that the 13 Malaysians could be “future leaders” of the regional terror network JI. On November 10th, 2003, Pakistani security forces deported the 13 students to Malaysia, where they were immediately arrested and detained under ISA section 73. 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. The detainees received legal assistance only 11 days later, after pressure by various human rights organizations.
Action requested
Please write to the authorities in Malaysia urging them to:
i. take all necessary measures to locate the whereabouts and to guarantee the physical and psychological integrity of Muhammad Radzi bin Abdul Razak, Mohd Akil bin Abdul Raof, Eddy Erman bin Shahime, Abi Dzar bin Jaafar and Mohd Ikhwan Abdullah;
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. ensure an immediate and impartial investigation into the above-mentioned alleged acts of harassment of 16-year-old Muhammad Tarmizi Nordin in order to identify those responsible and to put a halt to these acts;
iv. guarantee adequate reparation for the afore-mentioned victims;
v. 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;
vi. 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, January 6th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.