Malaysia
31.07.01
Urgent Interventions

Malaysia: release of an ISA student detainee

Case MYS 130701.2
Second Follow-up for Case MYS 130701

Geneva, July 31st, 2001

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 a reliable source of the release of 24-year old Khairul Anwar Ahmad Zainuddin, who was arrested at the beginning of July under the ISA in Malaysia.

According to the information received, Mr. Zainuddin, a Kemahiran Mara Skills Institute student leader, was released by the Malaysian authorities on July 28th, 2001, having spent 23 days in detention without being charged, under the Internal Security Act section 73(1).

According to the information received, following his release, Mr. Zainuddin’s sister announced that he was “okay and fine,” without giving details about his treatment while in detention.

The ISA has been frequently used since its enactment in 1960 by the Malaysian authorities, in order to arrest and effectively indefinitely detain human rights and oppostition 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 of Home Affairs, meaning that the person can effectively be detained indefinitely without a trial.

OMCT welcomes Mr. Zainuddin’s release, but is still gravely concerned about all the other persons currently being detained under the ISA, and urges the Malaysian authorites to reconsider the ISA as a whole, as suggested by Shah Alam, High Court Judge and Justice Mohd Hishamudin Mohd Yunus, during recent rulings, which lead to several ISA detainees being released (see Urgent Appeal Case MYS 110401.2 on June 1st, 2001). OMCT also welcomes the Malaysian Human Rights Commision (Suhakam) announcement on July 25th, that it is to hold an investigation into the recent arrests under the ISA, and will continue to monitor its progress.




Brief reminder of the situation

24-year old Khairul Anwar Ahmad Zainuddin and 22-year old Mohamad Fuad Mahd Ikhwan were detained by the Malaysian authorities under the Internal Security Act section 73(1), on July 5th and July 6th respectively.

According to the information received, Khairul Anwar Ahmad Zainuddin, a Kemahiran Mara Skills Institute student leader, had participated in a demonstration on June 8th, to protest against ISA in front of the National Mosque. Seven students were arrested during the gathering and were reportedly severely beaten by the police during their detention, before being released on bail on June 9th, but were told to report back to renew their bail on July 5th. Mr. Zainuddin was accompanying six of these students in order to offer them his support when he was arrested, having reportedly been involved in coordinating the student support movement on June 8th. He was being detained incommunicado by the police, for an initial period of two months under the ISA, and his whereabouts were not known.

According to the information received on July 23rd, 2001, 22-year old Mohamad Fuad Mahd Ikhwan, the President of the Student Representative Council of University Malaya, was released from detention on Monday July 16th, 2001, having been detained under the Internal Security Act (ISA) section 73(1) without charge for 10 days. He was arrested by the authorities on July 6th, while driving his motorcycle, because he represented an alleged threat to state security, having participated in a demonstration to protest against the ISA on June 8th. He was being held incommunicado at an unknown location until his release. He reportedly claimed to be “fine” after his release, although no details concerning the conditions of his detention have yet become available.

Remarks

OMCT wishes to thank all those institutions, organisations and individuals who intervened on the detainee’s behalf.

Geneva, July 31st, 2001

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.