Malaysia
02.11.01
Urgent Interventions
Malaysia: the arrest of 48 persons during anti-ISA demonstration
Case MYS 021101
Arbitrary detention/Freedom of expression and assembly
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Malaysia.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source, of the arrest of 48 persons during anti-ISA demonstration in Malaysia.
According to the information received, on October 28th, 2001 the Malaysian police arrested 48 activists who had gathered near Kamunting Detention Camp in Northern Malaysia to protest against the use of the Internal Security Act (ISA). It is at this camp that several persons are being arbitrarily detained under the ISA (See Urgent Appeal MYS 110401). Organized by the Movement to Abolish ISA, the gathering of roughly 300 people, including women, children, and senior citizens, had hoped to submit a memorandum to the camp’s commandant to express concern over the welfare and health of the current ISA detainees, and to commemorate the 14th anniversary of Operasi Lalang, during which 107 people were arrested and three newspaper offices temporarily closed in 1987.
According to the information received, tensions mounted when the group of protesters were stopped by police authorities 3km away from the Kamunting Detention Camp. When the organisers, led by Suaram’s co-coordinator S Arutchelvam, tried to negotiate with the police to pass through and deliver the memorandum, having previously been given permission to do so, they were given orders to select a delegation of three people and have the crowd dispersed within five minutes. Police Superintendent Adnan Rahmat, who gave the order, threatened that failure to do so would result in the use of water cannons by the Federal Reserve Unit. The delegation sent to the Detention Camp, which included PRM president Dr Syed Husin Ali, PAS Youth leader Mahfuz Omar and Bahirah Tajol Aris, the wife of ISA detainee Mohd Esam Mohd Nor, failed to deliver the memorandum, as once the delegation had arrived at the camp, guards would only permit the entry of one member, a condition which the delegation could not accept.
According to the information received, the group began to disperse following police orders, walking away to coffee shops and restaurants to await the delegates’ return. While participants walked away, groups of plainclothes policemen began making arrests of representatives as well as bystanders, who were either observing these events or eating in nearby shops. In total, the police detained two cameramen, a journalist and 45 other persons. Following their release, the police requested that 37 of the persons in question report back to Taiping police headquarters on November 6th, 2001, while 11 of the more influential demonstrators were told to return on October 31st. When they did present themselves, they were then told to return on November 30th. The group of 11 persons included:
· Abd Ghani Haroon (KeADILan Youth Exco Kepala Batas)
· S Arutchelvan A/L Subramaniam (SUARAM coordinator)
· Fairus Hashim (KeADILan)
· Panir Sevam Varathan (CDC- Community Development Centre Activist)
· Mohd Akhbar b. Ahmad from Lunas
· Salman Mohd Nor from Batu Kurau
· Dr. Jeyakumar Devaraj (PSM central committee member)
· Mohd Saleh Othman (PAS)
· Mohd Nasir Sudin (Harakah photographer)
· Hanafiah Hamzah (Channel News asia reporter)
· Sevan A/L Doraisamy (Radiq Radio reporter)
The ISA has been frequently used since its enactment in 1960 by the Malaysian authorities, in order 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 of Home Affairs, meaning that the person can effectively be detained indefinitely without a trial. Under the auspices of the ISA, there is no obligation to make evidence public. Detainees being held 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, which are allegedly often used to extract false signed confessions from the detainees.
The International Secretariat of OMCT is gravely concerned about the arbitrary arrest of the 48 people in question and the Malaysian authorities’ continuing violation of the rights to freedom of expression and assembly under the auspices of the ISA. Furthermore, OMCT is gravely concerned about the Malaysian authorities continuing use of arrest and detention of persons, especially given that the authorities may increasingly resort to these measures under the pretext of combatting terrorist threats in light of the September 11th attacks on the United States.
Action requested
Please write to the authorities in Malaysia urging them to:
i. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
ii. put an immediate end to the persecution and harassment of the above-mentioned persons;
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
· 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, November 2, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary detention/Freedom of expression and assembly
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Malaysia.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source, of the arrest of 48 persons during anti-ISA demonstration in Malaysia.
According to the information received, on October 28th, 2001 the Malaysian police arrested 48 activists who had gathered near Kamunting Detention Camp in Northern Malaysia to protest against the use of the Internal Security Act (ISA). It is at this camp that several persons are being arbitrarily detained under the ISA (See Urgent Appeal MYS 110401). Organized by the Movement to Abolish ISA, the gathering of roughly 300 people, including women, children, and senior citizens, had hoped to submit a memorandum to the camp’s commandant to express concern over the welfare and health of the current ISA detainees, and to commemorate the 14th anniversary of Operasi Lalang, during which 107 people were arrested and three newspaper offices temporarily closed in 1987.
According to the information received, tensions mounted when the group of protesters were stopped by police authorities 3km away from the Kamunting Detention Camp. When the organisers, led by Suaram’s co-coordinator S Arutchelvam, tried to negotiate with the police to pass through and deliver the memorandum, having previously been given permission to do so, they were given orders to select a delegation of three people and have the crowd dispersed within five minutes. Police Superintendent Adnan Rahmat, who gave the order, threatened that failure to do so would result in the use of water cannons by the Federal Reserve Unit. The delegation sent to the Detention Camp, which included PRM president Dr Syed Husin Ali, PAS Youth leader Mahfuz Omar and Bahirah Tajol Aris, the wife of ISA detainee Mohd Esam Mohd Nor, failed to deliver the memorandum, as once the delegation had arrived at the camp, guards would only permit the entry of one member, a condition which the delegation could not accept.
According to the information received, the group began to disperse following police orders, walking away to coffee shops and restaurants to await the delegates’ return. While participants walked away, groups of plainclothes policemen began making arrests of representatives as well as bystanders, who were either observing these events or eating in nearby shops. In total, the police detained two cameramen, a journalist and 45 other persons. Following their release, the police requested that 37 of the persons in question report back to Taiping police headquarters on November 6th, 2001, while 11 of the more influential demonstrators were told to return on October 31st. When they did present themselves, they were then told to return on November 30th. The group of 11 persons included:
· Abd Ghani Haroon (KeADILan Youth Exco Kepala Batas)
· S Arutchelvan A/L Subramaniam (SUARAM coordinator)
· Fairus Hashim (KeADILan)
· Panir Sevam Varathan (CDC- Community Development Centre Activist)
· Mohd Akhbar b. Ahmad from Lunas
· Salman Mohd Nor from Batu Kurau
· Dr. Jeyakumar Devaraj (PSM central committee member)
· Mohd Saleh Othman (PAS)
· Mohd Nasir Sudin (Harakah photographer)
· Hanafiah Hamzah (Channel News asia reporter)
· Sevan A/L Doraisamy (Radiq Radio reporter)
The ISA has been frequently used since its enactment in 1960 by the Malaysian authorities, in order 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 of Home Affairs, meaning that the person can effectively be detained indefinitely without a trial. Under the auspices of the ISA, there is no obligation to make evidence public. Detainees being held 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, which are allegedly often used to extract false signed confessions from the detainees.
The International Secretariat of OMCT is gravely concerned about the arbitrary arrest of the 48 people in question and the Malaysian authorities’ continuing violation of the rights to freedom of expression and assembly under the auspices of the ISA. Furthermore, OMCT is gravely concerned about the Malaysian authorities continuing use of arrest and detention of persons, especially given that the authorities may increasingly resort to these measures under the pretext of combatting terrorist threats in light of the September 11th attacks on the United States.
Action requested
Please write to the authorities in Malaysia urging them to:
i. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
ii. put an immediate end to the persecution and harassment of the above-mentioned persons;
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
· 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, November 2, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.