Malaysia
12.05.03
Urgent Interventions
Malaysia: ISA detainees risk having their sentences extended by two years
Case MYS 110401.12
Ill-treatment / Arbitrary detention / Fair trial
Geneva, May 12th, 2003
The International Secretariat of OMCT has received new information about the following situation in Malaysia.
New Information
The International Secretariat of OMCT has been informed by a Suara Rakyat Malaysia (SUARAM), a member of the OMCT network, of the brutal assault on two of the “Reformasi” Internal Security Act (ISA) political prisoners at Kamunting Detention Camp, and the possibility that their period of detention without trial for them and four other political prisoners will be extended beyond two years, in Malaysia.
According to the information received, two of the six so-called “Reformasi” political reform activists that are being detained without trial under the ISA since their arrests in April 2001, have been assaulted by detention camp security personnel. The detainees have reportedly been protesting against the treatment that they have received during detention, including the destruction of their fruit and vegetable garden, attempts to force Dr. Badrulamin Bahrom, who suffered from high blood pressure to travel to Kuala Lumpur, and preventing Tian Chua from having access to his laptop computer, which he requires in order to prepare his PhD application. Tian Chua reportedly took the laptop from the camp office instead. On May 9th, Kamunting Detention Camp Commander Abdul Basir Mohamad finally met with the political prisoners and apologized for the destruction of the garden, following which the protests were ended. However, later the same day camp security personnel in riot gear stormed the dormitory reportedly attempting to seize the laptop. Tian Chua, who suffers from asthma, was brutally pinned to the ground and handcuffed. Hashmudding Rais, shouted at security personnel were sitting on Mr. Chua, attempting stop the ill-treatment, and he in turn was then pinned down, handcuffed and sent to solitary confinement. As Mr. Chua tried to negotiate with the security personnel he was again pinned down, and this time his “sarong” was removed, leaving him naked outside the dormitory. The situation ended when Mr. Chua agreed to surrender the laptop in exchange for Mr. Rais’ release from solitary confinement. In addition to the brutal treatment of the detainees, the same sources have informed OMCT of the harassment of a member of the detainees’ legal team. Cheah Kah Peng was reportedly denied access to his clients and was verbally abused, threatened and spat upon by policemen at the detention centre’s front gate.
These same sources have informed OMCT that the two-year detention without trial order of the six “Reformasi” political prisoners that are being detained under the ISA will expire in June 2003. The six political prisoners include: the afore-mentioned Tian Chua, (Vice president of National Justice Party, labour and human rights activist); Hishamudding Rais (a film director and a reform movement activist); Dr. Badrulamin Bahrom (Central Committee member of National Justice Party); Mohd Ezam Mohd Noor (Youth Chief of National Justice Party); Saari Sungib (Reform movement activist) and Lokman Adam (Youth leader of National Justice Party). All six prisoners were detained in April 2001, prior to a mass demonstration in support of former Deputy Prime Minister Anwar Ibrahim, who was convicted in April 2000 (see information below).
The government has failed to produce any evidence to support the claim made two years ago that these six political prisoners had attempted to overthrow the government through militant means. The prisoners continue to be held in Kamunting Detention Camp, deprived of their right to defend themselves in court. On September 6th, 2002, the Federal Court of Malaysia ruled that the detention of these prisoners was mala fide (in bad faith). The ISA advisory board adopted the same opinion, recommending that the prisoners be released. Detention without trial is permitted under the draconian International Security Act (ISA), that was enacted in the 1960s and remains frequently used to arrest and indefinitely detain human rights and opposition 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. In April 2003, the National Human Rights Commission (Suhakam) recommended that the Malaysian government abolished the ISA. In June 2003, the Minister for Home Affairs will decide whether to release the six political prisoners or to extend the detention for another two-year period.
The International Secretariat of OMCT is gravely concerned about the brutal and degrading treatment of the political prisoners at Kamunting Detention Camp. OMCT calls on the Malaysian Government to guarantee the physical and psychological integrity of the detainees at all time. OMCT is concerned that the detention without trial of the six afore-mentioned political prisoners may be extended, and that the events at the camp may be used as an excuse to renew the detention order. OMCT calls for their immediate release. OMCT calls on the Malaysian government to abolish the ISA in accordance with the National Human Rights Commission's recommendation.
Brief reminder of the situation
On September 20th 1998, Mr Anwar Ibrahim was arrested under the ISA. On April 14th 1999, the High Court in Kuala Lumpur found Mr Ibrahim guilty of corruption and sentenced him to 6 years imprisonment. Many sources including the United Nations Special Rapporteur on Independence of Judges and Lawyers expressed concerns over the fairness of the trial. On October 5th 1999, Mr Ibrahim was subjected to ill-treatment while in custody. He was accused of corruption and of having homosexual relationship with Dr Ahmad Anees. Dr Ahmad Anees was held in Kuala Lumpur’s Bukat Aman prison. It was alleged that Dr Ahmad Anees confessed under torture to being sodomized by Mr Ibrahim. During Mr Ibrahim’s trial, which began on 2nd November 1998, he accused the police of beating him. Dr Ahmad Anees was released on 26th March 1999. In August 2000, Mr. Ibrahim was sentenced to 9 additional years of jail time for sodomy. Mr. Ibrahim suffered a serious back injury at the time of his arrest, allegedly due to the ill-treatment he suffered. As of June 2002, he was still not permitted to leave the country for the necessary surgery.
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 six “Reformasi” activists being detained under the ISA;
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 that their detention period is not extended by another two years;
iv. immediately abolish the ISA;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
§ Dato' Seri Dr Mahathir bin Mohamad, Prime Minister's Office, Federal Government Administration Center, 62502 Putrajaya, MALAYSIA, Fax: +603 8888 3444, E-mail: ppm@smpke.jpm.my
§ Dato Abdullah Haji Ahmad Badawi, Minister of Home Affairs & Deputy Prime Minister, Ministry of Home Affairs (Menteri Dalam Negeri), Aras 13, Blok D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor, Malaysia, Fax: + 603 8886 8014, E-mail: tpm@smpke.jpm.my
§ 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
Please also write to the embassies of Malaysia in your respective country.
Geneva, May 12th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Ill-treatment / Arbitrary detention / Fair trial
Geneva, May 12th, 2003
The International Secretariat of OMCT has received new information about the following situation in Malaysia.
New Information
The International Secretariat of OMCT has been informed by a Suara Rakyat Malaysia (SUARAM), a member of the OMCT network, of the brutal assault on two of the “Reformasi” Internal Security Act (ISA) political prisoners at Kamunting Detention Camp, and the possibility that their period of detention without trial for them and four other political prisoners will be extended beyond two years, in Malaysia.
According to the information received, two of the six so-called “Reformasi” political reform activists that are being detained without trial under the ISA since their arrests in April 2001, have been assaulted by detention camp security personnel. The detainees have reportedly been protesting against the treatment that they have received during detention, including the destruction of their fruit and vegetable garden, attempts to force Dr. Badrulamin Bahrom, who suffered from high blood pressure to travel to Kuala Lumpur, and preventing Tian Chua from having access to his laptop computer, which he requires in order to prepare his PhD application. Tian Chua reportedly took the laptop from the camp office instead. On May 9th, Kamunting Detention Camp Commander Abdul Basir Mohamad finally met with the political prisoners and apologized for the destruction of the garden, following which the protests were ended. However, later the same day camp security personnel in riot gear stormed the dormitory reportedly attempting to seize the laptop. Tian Chua, who suffers from asthma, was brutally pinned to the ground and handcuffed. Hashmudding Rais, shouted at security personnel were sitting on Mr. Chua, attempting stop the ill-treatment, and he in turn was then pinned down, handcuffed and sent to solitary confinement. As Mr. Chua tried to negotiate with the security personnel he was again pinned down, and this time his “sarong” was removed, leaving him naked outside the dormitory. The situation ended when Mr. Chua agreed to surrender the laptop in exchange for Mr. Rais’ release from solitary confinement. In addition to the brutal treatment of the detainees, the same sources have informed OMCT of the harassment of a member of the detainees’ legal team. Cheah Kah Peng was reportedly denied access to his clients and was verbally abused, threatened and spat upon by policemen at the detention centre’s front gate.
These same sources have informed OMCT that the two-year detention without trial order of the six “Reformasi” political prisoners that are being detained under the ISA will expire in June 2003. The six political prisoners include: the afore-mentioned Tian Chua, (Vice president of National Justice Party, labour and human rights activist); Hishamudding Rais (a film director and a reform movement activist); Dr. Badrulamin Bahrom (Central Committee member of National Justice Party); Mohd Ezam Mohd Noor (Youth Chief of National Justice Party); Saari Sungib (Reform movement activist) and Lokman Adam (Youth leader of National Justice Party). All six prisoners were detained in April 2001, prior to a mass demonstration in support of former Deputy Prime Minister Anwar Ibrahim, who was convicted in April 2000 (see information below).
The government has failed to produce any evidence to support the claim made two years ago that these six political prisoners had attempted to overthrow the government through militant means. The prisoners continue to be held in Kamunting Detention Camp, deprived of their right to defend themselves in court. On September 6th, 2002, the Federal Court of Malaysia ruled that the detention of these prisoners was mala fide (in bad faith). The ISA advisory board adopted the same opinion, recommending that the prisoners be released. Detention without trial is permitted under the draconian International Security Act (ISA), that was enacted in the 1960s and remains frequently used to arrest and indefinitely detain human rights and opposition 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. In April 2003, the National Human Rights Commission (Suhakam) recommended that the Malaysian government abolished the ISA. In June 2003, the Minister for Home Affairs will decide whether to release the six political prisoners or to extend the detention for another two-year period.
The International Secretariat of OMCT is gravely concerned about the brutal and degrading treatment of the political prisoners at Kamunting Detention Camp. OMCT calls on the Malaysian Government to guarantee the physical and psychological integrity of the detainees at all time. OMCT is concerned that the detention without trial of the six afore-mentioned political prisoners may be extended, and that the events at the camp may be used as an excuse to renew the detention order. OMCT calls for their immediate release. OMCT calls on the Malaysian government to abolish the ISA in accordance with the National Human Rights Commission's recommendation.
Brief reminder of the situation
On September 20th 1998, Mr Anwar Ibrahim was arrested under the ISA. On April 14th 1999, the High Court in Kuala Lumpur found Mr Ibrahim guilty of corruption and sentenced him to 6 years imprisonment. Many sources including the United Nations Special Rapporteur on Independence of Judges and Lawyers expressed concerns over the fairness of the trial. On October 5th 1999, Mr Ibrahim was subjected to ill-treatment while in custody. He was accused of corruption and of having homosexual relationship with Dr Ahmad Anees. Dr Ahmad Anees was held in Kuala Lumpur’s Bukat Aman prison. It was alleged that Dr Ahmad Anees confessed under torture to being sodomized by Mr Ibrahim. During Mr Ibrahim’s trial, which began on 2nd November 1998, he accused the police of beating him. Dr Ahmad Anees was released on 26th March 1999. In August 2000, Mr. Ibrahim was sentenced to 9 additional years of jail time for sodomy. Mr. Ibrahim suffered a serious back injury at the time of his arrest, allegedly due to the ill-treatment he suffered. As of June 2002, he was still not permitted to leave the country for the necessary surgery.
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 six “Reformasi” activists being detained under the ISA;
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 that their detention period is not extended by another two years;
iv. immediately abolish the ISA;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
§ Dato' Seri Dr Mahathir bin Mohamad, Prime Minister's Office, Federal Government Administration Center, 62502 Putrajaya, MALAYSIA, Fax: +603 8888 3444, E-mail: ppm@smpke.jpm.my
§ Dato Abdullah Haji Ahmad Badawi, Minister of Home Affairs & Deputy Prime Minister, Ministry of Home Affairs (Menteri Dalam Negeri), Aras 13, Blok D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor, Malaysia, Fax: + 603 8886 8014, E-mail: tpm@smpke.jpm.my
§ 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
Please also write to the embassies of Malaysia in your respective country.
Geneva, May 12th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.