Malaysia
17.06.03
Urgent Interventions
Malaysia: release of the remaining reformasi ISA detainees
Case MYS 110401.14
Follow-up of Case MYS 110401
Release
Geneva, June 17th, 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 release of the remaining three detainees of the ISA-six in Malaysia.
According to the information received, Mr. Mohd Ezam Mohd Nor, the Keadilan Youth Chief and one of the “reformasi” six that had been held under the ISA (Internal Security Act), was finally reunited with his family on June 10th, 2003 after 26 months of detention. His bail application was accepted by the Shah Alan High Court and Justice K N Segara decided to grant Mr. Mohd Nor's application for a stay of sentence regarding charges of breaching the Official Secrets Act, leading to his release.
Mr. Lokman Adam and Dr. Badrulamin Bahron were released on the morning of June 12th, 2003, after their two-year ISA detention was not renewed by the Minister for Home Affairs. Lokman Adam had, in addition, been facing an illegal assembly charge. Magistrate Marzilah Manap, in Kuala Lumpur, refused to hear the bail application while Mr. Adam was still detained under the ISA. Once released, a new bail application was filed, and granted, allowing Mr. Adam to return home at around 4 pm on June 12th, 2003.
The six reformasi accused of attempting to topple the government through militant means, Mohd Ezam Mohd Nor, Dr. Badrulamin Bahronwere, Lokman Adam, Tian Chua, Saari Sungib and Hishamuddin Rais have now been freed, but approximately 100 other individuals remain detained under the ISA. Malaysia has felt strong international pressure to free the ISA-6 detainees. Parliamentarians from Denmark, Britain, Japan, and the Netherlands, 40 Islamic scholars and local and international rights groups have all campaigned for the detainees’ release.
Remarks
The International Secretariat of OMCT welcomes the release of all six of the activists and wishes to thank the individuals and institutions that intervened on their behalf over this lengthy campaign that has included 15 urgent appeals! OMCT will continue to monitor the situation of the other detainees that are being held under the ISA and continue to support the campaign that aims at the abolishment of the ISA.
Brief reminder of the situation
The six “reformasi” political prisoners that were being detained under the ISA were Tian Chua, Hishamudding Rais, Mohd Ezam Mohd Noor, Saari Sungib, Dr. Badrulamin Bahrom and Lokman Adam. All six prisoners were detained in April 2001, prior to a mass demonstration against the government and in support of former Deputy Prime Minister Anwar Ibrahim, who was convicted in April 2000 (see previous appeals).
The government 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 cwere held in Kamunting Detention Camp, deprived of their right to defend themselves in court. On Spetember 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.
Dentention without trial is permitted under the draconian International Security Act (ISA), which was enacted in the 1960s and has been 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 to the Malaysian government that the ISA be abolished.
Geneva, June 17th, 2003
Follow-up of Case MYS 110401
Release
Geneva, June 17th, 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 release of the remaining three detainees of the ISA-six in Malaysia.
According to the information received, Mr. Mohd Ezam Mohd Nor, the Keadilan Youth Chief and one of the “reformasi” six that had been held under the ISA (Internal Security Act), was finally reunited with his family on June 10th, 2003 after 26 months of detention. His bail application was accepted by the Shah Alan High Court and Justice K N Segara decided to grant Mr. Mohd Nor's application for a stay of sentence regarding charges of breaching the Official Secrets Act, leading to his release.
Mr. Lokman Adam and Dr. Badrulamin Bahron were released on the morning of June 12th, 2003, after their two-year ISA detention was not renewed by the Minister for Home Affairs. Lokman Adam had, in addition, been facing an illegal assembly charge. Magistrate Marzilah Manap, in Kuala Lumpur, refused to hear the bail application while Mr. Adam was still detained under the ISA. Once released, a new bail application was filed, and granted, allowing Mr. Adam to return home at around 4 pm on June 12th, 2003.
The six reformasi accused of attempting to topple the government through militant means, Mohd Ezam Mohd Nor, Dr. Badrulamin Bahronwere, Lokman Adam, Tian Chua, Saari Sungib and Hishamuddin Rais have now been freed, but approximately 100 other individuals remain detained under the ISA. Malaysia has felt strong international pressure to free the ISA-6 detainees. Parliamentarians from Denmark, Britain, Japan, and the Netherlands, 40 Islamic scholars and local and international rights groups have all campaigned for the detainees’ release.
Remarks
The International Secretariat of OMCT welcomes the release of all six of the activists and wishes to thank the individuals and institutions that intervened on their behalf over this lengthy campaign that has included 15 urgent appeals! OMCT will continue to monitor the situation of the other detainees that are being held under the ISA and continue to support the campaign that aims at the abolishment of the ISA.
Brief reminder of the situation
The six “reformasi” political prisoners that were being detained under the ISA were Tian Chua, Hishamudding Rais, Mohd Ezam Mohd Noor, Saari Sungib, Dr. Badrulamin Bahrom and Lokman Adam. All six prisoners were detained in April 2001, prior to a mass demonstration against the government and in support of former Deputy Prime Minister Anwar Ibrahim, who was convicted in April 2000 (see previous appeals).
The government 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 cwere held in Kamunting Detention Camp, deprived of their right to defend themselves in court. On Spetember 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.
Dentention without trial is permitted under the draconian International Security Act (ISA), which was enacted in the 1960s and has been 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 to the Malaysian government that the ISA be abolished.
Geneva, June 17th, 2003