Malaysia
02.07.03
Urgent Interventions
Malaysia: release of 2 but harsh sentencing of 9 Burmese refugees
Case MYS 240603.1
Follow-up of Case MYS 240603
Arbitrary detention / Risk to personal integrity / Release
Geneva, July 2nd, 2003
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 Suara Rakyat Malaysia (SUARAM), a member of the OMCT network, of the further developments concerning the arrested Burmese nationals in Malaysia.
According to the information received, two of the six Burmese nationals arrested for demonstrating outside the Burmese embassy in Kuala Lumpur have now been released. This brings the total number released to three, as Mu Mu Kyaw Lyin (previously listed as Daw Mu Kwaaw), a woman with refugee status, had already been released on June 24th, 2003. She left for Canada the same day. The three Burmese nationals who remain in detention have been charged in court.
Simon Zehu and A War (previously listed as Saw Ayea Wa) were charged under Section 6(1) of the Immigration Act (IA) and Thaung Shwe (previously listed as Michael Thaung) was charged under Section 15 (1) c IA for overstaying his visa. He originally entered Malaysia legally with a valid passport. The penalties under Section 6 (1) of the IA have been increased since August 2002, and if convicted, the detainees could face up to 5 years in prison, a fine of up to RM10, 000 and up to 6 strokes of the whip. Under Section 15(1) c Mr. Thaung faces the same possible sentence without the whipping. The three are currently seeking assistance from the United Nations High Commissioner for Refugees (UNHCR) and their applications are pending. Their lawyer, Latheefa Koya, claims that these three individuals are members of the National League for Democracy, a Burmese opposition group and face serious risks to their personal integrity if they are extradited to Burma (Myanmar).
Separately, six Burmese nationals from the Rohingya ethnic minority were arrested when the attempted to enter the US embassy seeking asylum. Zubir Bashir, Abdul Malik Abdul Jabbar, Neza Muddin Nor Bashar, Sayed Armed s/o Shafi Armed, Salimmular s/o Kobiahamed and Razman Ali s/o Nor Islam were all charged under Section 6 (1) c of the IA. These six individuals have all claimed that they are recognized as refugees by UNHCR and have given their certificates to the police. This information was not made known to the court at the time when they were charged as mentioned above. Lawyers are reportedly in the process of verifying their status with UNHCR.
The International Secretariat of OMCT welcomes the release of three of the detainees but condemns the continued detention of the afore-mentioned peaceful demonstrators and asylum seekers and calls for their immediate release. OMCT also urges the Malaysian authorities to ensure that its norms and practices with regard to all persons are consistent with international law and standards regarding the right to liberty and security of the persons, the right to fair trial and the prohibition of ill treatment and torture. OMCT further urges the Malaysian authorities to ensure that they are not extradited to Burma, where they face a high risk of being subjected to torture.
Brief reminder of the situation
Six Burmese nationals were arrested on June 19th, 2003, in the vicinity of the Burmese Embassy in Kuala Lumpur. A group of Burmese nationals were engaged in protesting the continued detention of pro-democracy leader Aung San Suu Kyi in Burma. The six persons in question were part of a group of approximately 40 demonstrators attempting to walk past the embassy bearing pictures of Ms. Suu Kyi and signs calling for her release. The demonstrators were stopped by police about 20 meters from the embassy. The police ordered the protestors to disperse, but those who resisted and held up their signs were arrested.
The arrested individuals, which include five men and one woman, were taken to the Cheras Police Station for questioning. Of the six arrestees, one holds refugee status and the others have reportedly registered with the United Nations High Commissioner for Refugees (UNHCR) and have received working visas or are waiting for their applications to be processed. The six arrested persons are: Mu Mu Kyaw Lyin (woman, has refugee status); A War and Thaung Shwe (both of whom reportedly have working visas); Swe Taet Htun Wo and Kolet (both of whom are waiting for their applications to be processed by the UNHCR); and one other person whose name and situation is currently unknown.
After their arrest, the police obtained an extension of remand orders on two occasions, totalling 8 days of detention. This was reportedly done in "secrecy," as the lawyers were not informed or present at the courts, despite placing themselves on record as the detainees' solicitors. Our sources indicate that this is a long-standing problem faced by lawyers, as magistrates and the police seem to work in collusion in "administratively" granting remand orders, without advising the person in question's legal counsel.
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 afore-mentioned persons;
ii. order their immediate release in the absence of legal charges that are consistent with international law and standards, 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:
· 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
· Stanley Augustin, Deputy Public Prosecutor's office, Timbalan Pendakwa Raya, Jabatan Peguam Negara, Tingkat 16, Bahagian Pendakwaan, Bangunan Bank Rakyat, Jalan Tangsi 50512, Kuala Lumpur, Malaysia, Fax 603-2698 4457
· Datuk Gani Patail, Attorney General's office, Peguam Negara, Jabatan Peguam Negara, Aras 3, Block C3, Pusat Pentadbiran Kerajaan Persekutuan, 62502 Putrajaya, Malaysia, Fax 603-8888 9377
Please also write to the embassies of Malaysia in your respective country.
Geneva, July 2nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case MYS 240603
Arbitrary detention / Risk to personal integrity / Release
Geneva, July 2nd, 2003
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 Suara Rakyat Malaysia (SUARAM), a member of the OMCT network, of the further developments concerning the arrested Burmese nationals in Malaysia.
According to the information received, two of the six Burmese nationals arrested for demonstrating outside the Burmese embassy in Kuala Lumpur have now been released. This brings the total number released to three, as Mu Mu Kyaw Lyin (previously listed as Daw Mu Kwaaw), a woman with refugee status, had already been released on June 24th, 2003. She left for Canada the same day. The three Burmese nationals who remain in detention have been charged in court.
Simon Zehu and A War (previously listed as Saw Ayea Wa) were charged under Section 6(1) of the Immigration Act (IA) and Thaung Shwe (previously listed as Michael Thaung) was charged under Section 15 (1) c IA for overstaying his visa. He originally entered Malaysia legally with a valid passport. The penalties under Section 6 (1) of the IA have been increased since August 2002, and if convicted, the detainees could face up to 5 years in prison, a fine of up to RM10, 000 and up to 6 strokes of the whip. Under Section 15(1) c Mr. Thaung faces the same possible sentence without the whipping. The three are currently seeking assistance from the United Nations High Commissioner for Refugees (UNHCR) and their applications are pending. Their lawyer, Latheefa Koya, claims that these three individuals are members of the National League for Democracy, a Burmese opposition group and face serious risks to their personal integrity if they are extradited to Burma (Myanmar).
Separately, six Burmese nationals from the Rohingya ethnic minority were arrested when the attempted to enter the US embassy seeking asylum. Zubir Bashir, Abdul Malik Abdul Jabbar, Neza Muddin Nor Bashar, Sayed Armed s/o Shafi Armed, Salimmular s/o Kobiahamed and Razman Ali s/o Nor Islam were all charged under Section 6 (1) c of the IA. These six individuals have all claimed that they are recognized as refugees by UNHCR and have given their certificates to the police. This information was not made known to the court at the time when they were charged as mentioned above. Lawyers are reportedly in the process of verifying their status with UNHCR.
The International Secretariat of OMCT welcomes the release of three of the detainees but condemns the continued detention of the afore-mentioned peaceful demonstrators and asylum seekers and calls for their immediate release. OMCT also urges the Malaysian authorities to ensure that its norms and practices with regard to all persons are consistent with international law and standards regarding the right to liberty and security of the persons, the right to fair trial and the prohibition of ill treatment and torture. OMCT further urges the Malaysian authorities to ensure that they are not extradited to Burma, where they face a high risk of being subjected to torture.
Brief reminder of the situation
Six Burmese nationals were arrested on June 19th, 2003, in the vicinity of the Burmese Embassy in Kuala Lumpur. A group of Burmese nationals were engaged in protesting the continued detention of pro-democracy leader Aung San Suu Kyi in Burma. The six persons in question were part of a group of approximately 40 demonstrators attempting to walk past the embassy bearing pictures of Ms. Suu Kyi and signs calling for her release. The demonstrators were stopped by police about 20 meters from the embassy. The police ordered the protestors to disperse, but those who resisted and held up their signs were arrested.
The arrested individuals, which include five men and one woman, were taken to the Cheras Police Station for questioning. Of the six arrestees, one holds refugee status and the others have reportedly registered with the United Nations High Commissioner for Refugees (UNHCR) and have received working visas or are waiting for their applications to be processed. The six arrested persons are: Mu Mu Kyaw Lyin (woman, has refugee status); A War and Thaung Shwe (both of whom reportedly have working visas); Swe Taet Htun Wo and Kolet (both of whom are waiting for their applications to be processed by the UNHCR); and one other person whose name and situation is currently unknown.
After their arrest, the police obtained an extension of remand orders on two occasions, totalling 8 days of detention. This was reportedly done in "secrecy," as the lawyers were not informed or present at the courts, despite placing themselves on record as the detainees' solicitors. Our sources indicate that this is a long-standing problem faced by lawyers, as magistrates and the police seem to work in collusion in "administratively" granting remand orders, without advising the person in question's legal counsel.
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 afore-mentioned persons;
ii. order their immediate release in the absence of legal charges that are consistent with international law and standards, 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:
· 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
· Stanley Augustin, Deputy Public Prosecutor's office, Timbalan Pendakwa Raya, Jabatan Peguam Negara, Tingkat 16, Bahagian Pendakwaan, Bangunan Bank Rakyat, Jalan Tangsi 50512, Kuala Lumpur, Malaysia, Fax 603-2698 4457
· Datuk Gani Patail, Attorney General's office, Peguam Negara, Jabatan Peguam Negara, Aras 3, Block C3, Pusat Pentadbiran Kerajaan Persekutuan, 62502 Putrajaya, Malaysia, Fax 603-8888 9377
Please also write to the embassies of Malaysia in your respective country.
Geneva, July 2nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.