Malaysia
05.06.01
Urgent Interventions
Malaysia: One ISA detainee released, four sentenced to two years in prison
MYS 110401.3
Third follow-up of Case MYS 110401
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 a reliable source that another of the Internal Security Act (ISA) incommunicado detainees in Malaysia has been released, and that four of them have been sentenced to two years in prison. The detainees were arrested in early April for participating in organising a rally to mark the second anniversary of the conviction of former Deputy Prime Minister Anwar Ibrahim.
According to the information received, Mr. Raja Petra, the Executive Director of the Free Anwar Campaign, was reportedly released by the police from the Kuala Lumpur Police Headquarters on June 2nd, as a result of pressure exerted by national and international solidarity campaigns, having been arrested on April 11th, 2001 and detained without having access to legal representation since then. Two of the original ten activists arrested under the ISA were released on June 1st as a result of Habeas Corpus applications, but seven of them remain in detention. The remaining detainees include: Mr. Mahd. Ezam Mhd. Noor (Head of the National Youth - NY - movement); Mr. Chua Tian Chang (NY Vice President); Mr. Haji Saari Sungip (April 14th Rally Organising Chairperson); Mr. Hishamuddin Rais (freelance journalist/film-maker); Mr. Badaruddin Ismail (a member of human rights organisation Suaram, Voice of the Malaysian People); Dr. Badrul Amin Baharom (National Youth Exco of the National Justice Party - NJP); and Mr. Lokman Nor Adam (Executive Secretary of Youth Wing, NJP). The activists that had previously been released are: Mr. N Gobala Krishnan (National Youth movement Secretary) and Mr. Abdul Ghani Haroon (Penenag Youth Exco of National Justice Party - NJP).
According to the information received, as a result of Home Minister Datuk Abdullah Badawi’s decision, Mr. Mahd. Ezam Mhd. Noor, Mr. Haji Saari Sungip, Mr. Hishamuddin Rais and Mr. Chua Tian Chang have been sentenced to two years of imprisonment at the Kamunting Detention Centre without having recourse to a trial.
The International Secretariat of OMCT welcomes the release of Mr. Raja Petra, but is gravely concerned for the physical and psychological integrity of the four activists who have been sentenced to a two years extention to their detention under the ISA, and the three remaining detainees, who’s whereabouts and condition remain unknown. OMCT urges the Malaysian authorites to reconsider the ISA, as suggested by Shah Alam High Court Judge, Justice Mohd Hishamudin Mohd Yunus, who ordered the relase of the other two detainees last week, and immediately release the remaining detainees. OMCT remains gravely concerned about the conditions of detention of the ISA detainees, especially the lack of access to legal representation, lengthy periods of solitary confinement, and notably the powers granted to the authorities under the ISA, which effectively legalise arbitrary arrests and incommunicado detention, in complete violation of the detainess’ basic human rights. OMCT is also concerned that the Malaysian authorities will worsen the current situation by conducting further arrests under the ISA during the mass rally which is expected to be held on June 9th by the Abolish ISA movement in order to protest these detentions and call for the ISA to be abolished.
Brief reminder of the situation
According to the information received, Mr. N Gobala Krishnan and Mr. Abdul Ghani Haroon, have been released, following a ground-breaking ruling by Shah Alam High Court Judge, Justice Mohd Hishamudin Mohd Yunus. They had been detained under the ISA for 50 and 49 days respectively. Judge Hishamudin ordered the two men to be released after ruling that their detention was unlawful and done in bad faith, and also ordered the police not to re-arrest them for 24 hours, as there were fears that the two men would be re-arrested immediately after having left the Court building by the very large police presence that had gathered outside. Judge Hishamudin reportedly decided to rule in favour of releasing the two men, as their detention was unlawful due to the arresting officers having failed to justify the detention, and that affidavits filed by the respondents to contest the case were vague and that they failed to provide grounds for authorising further detention. He added that the men’s detentions were conducted in bad faith, as they were not allowed access to their families and legal counsel for 40 days – stating that such action was “cruel, inhuman and oppressive” to both the detainees and their families, and in violation of their constitutional rights, and that there is no provision under the ISA that gives the police such drastic powers.
In a significant development to this situation, Judge Hishamudin reportedly also called for the ISA to be re-evaluated by Parliament. The prosecutors have not as yet signalled an intention to appeal against the decision to release these two ISA detainees. Three other ISA detainees have also filed habeas corpus applications with this court, with their cases scheduled to be heard on June 14th. The Malaysian authorities can effectively detain someone indefinitely without trial, under the auspices of the ISA.
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.
Action requested
Please write to the authorities in Malaysia urging them to:
1. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
2. secure that all those detained be allowed to meet with their relatives and/or lawyers;
3. 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;
4. 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, June 5th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Third follow-up of Case MYS 110401
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 a reliable source that another of the Internal Security Act (ISA) incommunicado detainees in Malaysia has been released, and that four of them have been sentenced to two years in prison. The detainees were arrested in early April for participating in organising a rally to mark the second anniversary of the conviction of former Deputy Prime Minister Anwar Ibrahim.
According to the information received, Mr. Raja Petra, the Executive Director of the Free Anwar Campaign, was reportedly released by the police from the Kuala Lumpur Police Headquarters on June 2nd, as a result of pressure exerted by national and international solidarity campaigns, having been arrested on April 11th, 2001 and detained without having access to legal representation since then. Two of the original ten activists arrested under the ISA were released on June 1st as a result of Habeas Corpus applications, but seven of them remain in detention. The remaining detainees include: Mr. Mahd. Ezam Mhd. Noor (Head of the National Youth - NY - movement); Mr. Chua Tian Chang (NY Vice President); Mr. Haji Saari Sungip (April 14th Rally Organising Chairperson); Mr. Hishamuddin Rais (freelance journalist/film-maker); Mr. Badaruddin Ismail (a member of human rights organisation Suaram, Voice of the Malaysian People); Dr. Badrul Amin Baharom (National Youth Exco of the National Justice Party - NJP); and Mr. Lokman Nor Adam (Executive Secretary of Youth Wing, NJP). The activists that had previously been released are: Mr. N Gobala Krishnan (National Youth movement Secretary) and Mr. Abdul Ghani Haroon (Penenag Youth Exco of National Justice Party - NJP).
According to the information received, as a result of Home Minister Datuk Abdullah Badawi’s decision, Mr. Mahd. Ezam Mhd. Noor, Mr. Haji Saari Sungip, Mr. Hishamuddin Rais and Mr. Chua Tian Chang have been sentenced to two years of imprisonment at the Kamunting Detention Centre without having recourse to a trial.
The International Secretariat of OMCT welcomes the release of Mr. Raja Petra, but is gravely concerned for the physical and psychological integrity of the four activists who have been sentenced to a two years extention to their detention under the ISA, and the three remaining detainees, who’s whereabouts and condition remain unknown. OMCT urges the Malaysian authorites to reconsider the ISA, as suggested by Shah Alam High Court Judge, Justice Mohd Hishamudin Mohd Yunus, who ordered the relase of the other two detainees last week, and immediately release the remaining detainees. OMCT remains gravely concerned about the conditions of detention of the ISA detainees, especially the lack of access to legal representation, lengthy periods of solitary confinement, and notably the powers granted to the authorities under the ISA, which effectively legalise arbitrary arrests and incommunicado detention, in complete violation of the detainess’ basic human rights. OMCT is also concerned that the Malaysian authorities will worsen the current situation by conducting further arrests under the ISA during the mass rally which is expected to be held on June 9th by the Abolish ISA movement in order to protest these detentions and call for the ISA to be abolished.
Brief reminder of the situation
According to the information received, Mr. N Gobala Krishnan and Mr. Abdul Ghani Haroon, have been released, following a ground-breaking ruling by Shah Alam High Court Judge, Justice Mohd Hishamudin Mohd Yunus. They had been detained under the ISA for 50 and 49 days respectively. Judge Hishamudin ordered the two men to be released after ruling that their detention was unlawful and done in bad faith, and also ordered the police not to re-arrest them for 24 hours, as there were fears that the two men would be re-arrested immediately after having left the Court building by the very large police presence that had gathered outside. Judge Hishamudin reportedly decided to rule in favour of releasing the two men, as their detention was unlawful due to the arresting officers having failed to justify the detention, and that affidavits filed by the respondents to contest the case were vague and that they failed to provide grounds for authorising further detention. He added that the men’s detentions were conducted in bad faith, as they were not allowed access to their families and legal counsel for 40 days – stating that such action was “cruel, inhuman and oppressive” to both the detainees and their families, and in violation of their constitutional rights, and that there is no provision under the ISA that gives the police such drastic powers.
In a significant development to this situation, Judge Hishamudin reportedly also called for the ISA to be re-evaluated by Parliament. The prosecutors have not as yet signalled an intention to appeal against the decision to release these two ISA detainees. Three other ISA detainees have also filed habeas corpus applications with this court, with their cases scheduled to be heard on June 14th. The Malaysian authorities can effectively detain someone indefinitely without trial, under the auspices of the ISA.
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.
Action requested
Please write to the authorities in Malaysia urging them to:
1. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
2. secure that all those detained be allowed to meet with their relatives and/or lawyers;
3. 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;
4. 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, June 5th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.