Malaysia
09.08.00
Urgent Interventions
Malaysia: new information regarding the situation of those arrested on 8th August
Case MYS 230998.8
Eighth Follow-up of Case 230998
Geneva 9th August 2000
The International Secretariat of OMCT has received new information with regards to the following situation in Malaysia.
New Information
The International Secretariat of OMCT has received new information regarding the situation of those arrested yesterday, 8th August 2000, during a gathering outside the High Court, including reports of torture and police brutality.
Tian Chua and Abdul Malek Hussein, arrested on 8th August 2000 at 9:30am, and detained under the Criminal Procedure Code article 105 on preventive detention, were reportedly released this morning at 11am from IPK (Ibu Pejabat Kontijen) without being charged. OMCT has also received reports that Tian was tortured in detention.
OMCT has also received a new, confirmed list of those persons detained yesterday 8th August 2000. Nosuria b. Ismail, Monas Suffian Putra b. Zulkarnain, Sabran b. Hamzah, Mohd. Jasni Zakaria, Nekmat b. Abu, Zainal Abidin Hashim. According to the information received, these persons were released around 11am from Balai Polis Stadium on bail. They are to be charged in court this Friday for illegal assembly on 8th August 2000. It is reported that Sabran b. Hamzah and Monas Suffian were also subjected to torture.
In the case of Tian Chua was reportedly rudely manhandled when the police dragged him into the police truck. Furthermore, when he was brought to Kuala Lumpur Police Headquarters after his arrest, he was separated from the other detainees and taken to the Serious Crime Department. In a room, he was surrounded by a few police officers, namely Superintendent Shatar, Sargeant Amin, Lance Coporal Juswan Singhand, officer Ismail and a few police officers, whom Tian was not able to identify. Also present in the room were DSP Zainuddin, ASP Manoharan, Chief Inspector Mazlan, Chief Inspector Jagil and others. He was pushed and fell on the floor before he was kicked by the police officers a few times on his back. He was not able to tell who kicked him as his attackers were behind him. He was left unattended for a while and assaulted and kicked again by a Chinese policeman with a mask on his face. After the assault he was sent into police lock up cell at Kuala Lumpur Police Headquarters and the detainees in the lock up cells were reportedly ordered and encouraged by the police to assault Tian Chua. Two detainees allegedly beat Tian Chua on his body and choked his neck. Police officers outside the cell meanwhile watched and further threatened him with further physical violence. A request for medical treatment was apparently ignored by the police.
According to the information received, Sabran b. Hamzah was assaulted by police during his arrest. He was allegedly punched in the face 5 or 6 times and kicked in the stomach and back by 4 or 5 uniformed police officers. He was detained for one night at Tun H.S. Lee police station.
A police officer allegedly gripped Monas Suffian by his neck during his arrest to stop him from chanting slogans. Monas stated that he was gripped for about 5 minutes making it difficult for him to breathe.
Brief reminder of the situation
On 8th August 2000 a crowd of around a thousand people had reportedly gathered in support of Anwar Ibrahim around the HongKong & ShangHai Bank building (at the banks of the river facing the High Court), in spite of the arrest of 7 people a few days ago. (See Cases MYS 040800/1) OMCT was informed that the crowd was waiting patiently for Wan Azizah (Anwar Ibrahim’s wife) to address them.
At around 12.30pm., the police and FRU moved in to disperse the crowd. It was estimated that more than 10 people were arrested at that point.
The International Secretariat of OMCT expressed its grave concern over the sentencing of Anwar Ibrahim, deputy prime minister, to 9 years jail for sodomy. This sentence is to be added to a previous sentence of 6 years, on 14th April 2000 for alleged misuse of power. Anwar’s foster brother, Sukma Dermawan, also charged with sodomy, was sentenced to six years in jail and four strokes of rotan.
Mr Anwar Ibrahim was first arrested on September 20th 1998, along with twelve other persons under the Internal Security Act (ISA) which allows for indefinite detention without trial. On 14th April 1999, the High Court in Kuala Lumpur found Mr Ibrahim guilty of corruption and sentenced him to 6 years imprisonment. Many sources, including Param Cumaraswamy, the United Nations Special Rapporteur on Independence of Judges and Lawyers expressed concerns over the fairness of the trial.
The International Secretariat of OMCT remains gravely concerned over the deterioration of the human rights situation in Malaysia.
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 and ensure that the procedural rights of those facing charges are guaranteed at all times. As such bring them before an impartial and competent tribunal;
ii. order an immediate investigation into the circumstances of these arrests, particularly the allegations of torture and ill-treatment in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iii. put an end to the use of excessive force with regards to those persons exercising their right to freedom of opinion;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Datuk Abdullah Ahmad Badawi, Home Minister, Jalan Dato Onn, 50502, Kuala Lumpur MALAYSIA
Fax : +603 2301051
Ybhg. Tan Sri Musa Hitam, Chairperson, Malaysian National Human Rights Commission, c/- Kementerian Luar Negeri, Wisma Putra 50602, Kuala Lumpur MALAYSIA Fax: +603 2425043
Tan Sri Norian Mai, Inspector General of Police, Headquarters of Royal Police of Malaysia, Bukit Aman, 50560 Kuala Lumpur Malaysia, Fax: 603-22731326
Tan Sri Mohtar Abdullah, Attorney General, Bangunan Bank Rakyat, Jalan Tangsi, 50732 Kuala Lumpur. Fax: +603 298 4172
Geneva, 9th August 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Eighth Follow-up of Case 230998
Geneva 9th August 2000
The International Secretariat of OMCT has received new information with regards to the following situation in Malaysia.
New Information
The International Secretariat of OMCT has received new information regarding the situation of those arrested yesterday, 8th August 2000, during a gathering outside the High Court, including reports of torture and police brutality.
Tian Chua and Abdul Malek Hussein, arrested on 8th August 2000 at 9:30am, and detained under the Criminal Procedure Code article 105 on preventive detention, were reportedly released this morning at 11am from IPK (Ibu Pejabat Kontijen) without being charged. OMCT has also received reports that Tian was tortured in detention.
OMCT has also received a new, confirmed list of those persons detained yesterday 8th August 2000. Nosuria b. Ismail, Monas Suffian Putra b. Zulkarnain, Sabran b. Hamzah, Mohd. Jasni Zakaria, Nekmat b. Abu, Zainal Abidin Hashim. According to the information received, these persons were released around 11am from Balai Polis Stadium on bail. They are to be charged in court this Friday for illegal assembly on 8th August 2000. It is reported that Sabran b. Hamzah and Monas Suffian were also subjected to torture.
In the case of Tian Chua was reportedly rudely manhandled when the police dragged him into the police truck. Furthermore, when he was brought to Kuala Lumpur Police Headquarters after his arrest, he was separated from the other detainees and taken to the Serious Crime Department. In a room, he was surrounded by a few police officers, namely Superintendent Shatar, Sargeant Amin, Lance Coporal Juswan Singhand, officer Ismail and a few police officers, whom Tian was not able to identify. Also present in the room were DSP Zainuddin, ASP Manoharan, Chief Inspector Mazlan, Chief Inspector Jagil and others. He was pushed and fell on the floor before he was kicked by the police officers a few times on his back. He was not able to tell who kicked him as his attackers were behind him. He was left unattended for a while and assaulted and kicked again by a Chinese policeman with a mask on his face. After the assault he was sent into police lock up cell at Kuala Lumpur Police Headquarters and the detainees in the lock up cells were reportedly ordered and encouraged by the police to assault Tian Chua. Two detainees allegedly beat Tian Chua on his body and choked his neck. Police officers outside the cell meanwhile watched and further threatened him with further physical violence. A request for medical treatment was apparently ignored by the police.
According to the information received, Sabran b. Hamzah was assaulted by police during his arrest. He was allegedly punched in the face 5 or 6 times and kicked in the stomach and back by 4 or 5 uniformed police officers. He was detained for one night at Tun H.S. Lee police station.
A police officer allegedly gripped Monas Suffian by his neck during his arrest to stop him from chanting slogans. Monas stated that he was gripped for about 5 minutes making it difficult for him to breathe.
Brief reminder of the situation
On 8th August 2000 a crowd of around a thousand people had reportedly gathered in support of Anwar Ibrahim around the HongKong & ShangHai Bank building (at the banks of the river facing the High Court), in spite of the arrest of 7 people a few days ago. (See Cases MYS 040800/1) OMCT was informed that the crowd was waiting patiently for Wan Azizah (Anwar Ibrahim’s wife) to address them.
At around 12.30pm., the police and FRU moved in to disperse the crowd. It was estimated that more than 10 people were arrested at that point.
The International Secretariat of OMCT expressed its grave concern over the sentencing of Anwar Ibrahim, deputy prime minister, to 9 years jail for sodomy. This sentence is to be added to a previous sentence of 6 years, on 14th April 2000 for alleged misuse of power. Anwar’s foster brother, Sukma Dermawan, also charged with sodomy, was sentenced to six years in jail and four strokes of rotan.
Mr Anwar Ibrahim was first arrested on September 20th 1998, along with twelve other persons under the Internal Security Act (ISA) which allows for indefinite detention without trial. On 14th April 1999, the High Court in Kuala Lumpur found Mr Ibrahim guilty of corruption and sentenced him to 6 years imprisonment. Many sources, including Param Cumaraswamy, the United Nations Special Rapporteur on Independence of Judges and Lawyers expressed concerns over the fairness of the trial.
The International Secretariat of OMCT remains gravely concerned over the deterioration of the human rights situation in Malaysia.
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 and ensure that the procedural rights of those facing charges are guaranteed at all times. As such bring them before an impartial and competent tribunal;
ii. order an immediate investigation into the circumstances of these arrests, particularly the allegations of torture and ill-treatment in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iii. put an end to the use of excessive force with regards to those persons exercising their right to freedom of opinion;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Datuk Abdullah Ahmad Badawi, Home Minister, Jalan Dato Onn, 50502, Kuala Lumpur MALAYSIA
Fax : +603 2301051
Ybhg. Tan Sri Musa Hitam, Chairperson, Malaysian National Human Rights Commission, c/- Kementerian Luar Negeri, Wisma Putra 50602, Kuala Lumpur MALAYSIA Fax: +603 2425043
Tan Sri Norian Mai, Inspector General of Police, Headquarters of Royal Police of Malaysia, Bukit Aman, 50560 Kuala Lumpur Malaysia, Fax: 603-22731326
Tan Sri Mohtar Abdullah, Attorney General, Bangunan Bank Rakyat, Jalan Tangsi, 50732 Kuala Lumpur. Fax: +603 298 4172
Geneva, 9th August 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.