Malaysia
01.06.01
Urgent Interventions
Malaysia: two of the ten ISA detainees have been released, and one has received a family visit
MYS 110401.2
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 two of the ten Internal Security Act (ISA) incommunicado detainees in Malaysia have been released, and one detainee has been granted a family visit. The detainees were arrested 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. N Gobala Krishnan (National Youth movement Secretary), arrested on April 10th and Mr. Abdul Ghani Haroon (Penenag Youth Exco of National Justice Party - NJP), 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. During questioning, Mr. Gobala Krishnan claimed to have been “very badly treated” during his detention, including being placed in solitary confinement in a room with a bright light on all the time. 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. The detainees, however, preferred not to talk to the press about their detention, instead choosing to wait until all the other eight ISA detainees are released.
According to the information received, Judge Hishamudin decided to rule in favour of releaseing 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.
According to the information received, in a separate development, one of the remianing reformists and activists currently detained incommunicado under the ISA since April 10th 2001, National Justice Party Vice President Mr. Chua Tian Chang, has finally been granted a family visit on May 23rd, 2001, after 43 days in incommunicado detention. Mr. Chua’s brother and father were reportedly allowed to meet with him at 2:30pm in a room in the Kuala Lumpur City Police Headquarters, in the presence of four police officers. According to his visitors, Mr. Chua looks pale and tired and has been kept in solitary confinement in a cell without windows. It is not known when Mr. Chua will be released, although, under the ISA, the Malaysian Home Minister will decide after the detainees' 60th day in detention -on June 10th - whether to extend his sentence without a trial for a further two years. Mr. Chua is unlikely to be released before the end of June, however, as he was expecting to perform well in upcoming elections in the state of Sarawak, although it is thought that he may be released after the elections have been concluded. The Abolish ISA Movement, a coalition of Malaysian NGOs, is expected to hold a mass rally on June 9th, 2001, in the hope of securing the immediate release of the ISA detainees, three of which have still reportedly not been allowed access to their families. They are: Hishamuddin Rais, Badaruddin Ismail, Abdul Ghani Haroon. None of the ten ISA detainees have had access to legal representation during their detention.
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.
The International Secretariat of OMCT welcomes Judge Hishamudin’s ruling, and urges the Malaysian authorites to reconsider the ISA, as suggested, and immediately release the remaining detainees. OMCT, however, 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 on June 9th.
Brief reminder of the situation
The Malaysian authorities have arbitrarily arrested and detained incommunicado a further four pro-reform activists under the Internal Security Act (ISA), since the first detentions took place on April 10th, 2001, taking the total number of activist detained to ten. The most recent detainees include: Abdul Ghani Haroon (Penenag Youth Exco of National Justice Party - NJP), arrested on April 11th; Dr. Badrul Amin Baharom (National Youth Exco of NJP), arrested on April 20th; Lokman Nor Adam (Executive Secretary of Youth Wing, NJP), arrested April 24th; and Badaruddin Ismail (a member of human rights organisation Suaram, Voice of the Malaysian People), arrested on April 26th, 2001.
Those arrested on April 10, 2001 included: Mr. Mahd. Ezam Mhd. Noor (Head of the National Youth - NY - movement); Mr. Chua Tian Chang (NY Vice President); Mr. N Gobala Krishnan (NY Secretary); Mr. Haji Saari Sungip (April 14th Rally Organising Chairperson); and Mr. Hishamuddin Rais (freelance journalist/film-maker). This was followed on April 11, 2001, by the arrest of Mr. Raja Petra Kamaruddin (Free Anwar Campaign website executive director), also under the auspices of the ISA.
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 1st, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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 two of the ten Internal Security Act (ISA) incommunicado detainees in Malaysia have been released, and one detainee has been granted a family visit. The detainees were arrested 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. N Gobala Krishnan (National Youth movement Secretary), arrested on April 10th and Mr. Abdul Ghani Haroon (Penenag Youth Exco of National Justice Party - NJP), 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. During questioning, Mr. Gobala Krishnan claimed to have been “very badly treated” during his detention, including being placed in solitary confinement in a room with a bright light on all the time. 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. The detainees, however, preferred not to talk to the press about their detention, instead choosing to wait until all the other eight ISA detainees are released.
According to the information received, Judge Hishamudin decided to rule in favour of releaseing 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.
According to the information received, in a separate development, one of the remianing reformists and activists currently detained incommunicado under the ISA since April 10th 2001, National Justice Party Vice President Mr. Chua Tian Chang, has finally been granted a family visit on May 23rd, 2001, after 43 days in incommunicado detention. Mr. Chua’s brother and father were reportedly allowed to meet with him at 2:30pm in a room in the Kuala Lumpur City Police Headquarters, in the presence of four police officers. According to his visitors, Mr. Chua looks pale and tired and has been kept in solitary confinement in a cell without windows. It is not known when Mr. Chua will be released, although, under the ISA, the Malaysian Home Minister will decide after the detainees' 60th day in detention -on June 10th - whether to extend his sentence without a trial for a further two years. Mr. Chua is unlikely to be released before the end of June, however, as he was expecting to perform well in upcoming elections in the state of Sarawak, although it is thought that he may be released after the elections have been concluded. The Abolish ISA Movement, a coalition of Malaysian NGOs, is expected to hold a mass rally on June 9th, 2001, in the hope of securing the immediate release of the ISA detainees, three of which have still reportedly not been allowed access to their families. They are: Hishamuddin Rais, Badaruddin Ismail, Abdul Ghani Haroon. None of the ten ISA detainees have had access to legal representation during their detention.
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.
The International Secretariat of OMCT welcomes Judge Hishamudin’s ruling, and urges the Malaysian authorites to reconsider the ISA, as suggested, and immediately release the remaining detainees. OMCT, however, 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 on June 9th.
Brief reminder of the situation
The Malaysian authorities have arbitrarily arrested and detained incommunicado a further four pro-reform activists under the Internal Security Act (ISA), since the first detentions took place on April 10th, 2001, taking the total number of activist detained to ten. The most recent detainees include: Abdul Ghani Haroon (Penenag Youth Exco of National Justice Party - NJP), arrested on April 11th; Dr. Badrul Amin Baharom (National Youth Exco of NJP), arrested on April 20th; Lokman Nor Adam (Executive Secretary of Youth Wing, NJP), arrested April 24th; and Badaruddin Ismail (a member of human rights organisation Suaram, Voice of the Malaysian People), arrested on April 26th, 2001.
Those arrested on April 10, 2001 included: Mr. Mahd. Ezam Mhd. Noor (Head of the National Youth - NY - movement); Mr. Chua Tian Chang (NY Vice President); Mr. N Gobala Krishnan (NY Secretary); Mr. Haji Saari Sungip (April 14th Rally Organising Chairperson); and Mr. Hishamuddin Rais (freelance journalist/film-maker). This was followed on April 11, 2001, by the arrest of Mr. Raja Petra Kamaruddin (Free Anwar Campaign website executive director), also under the auspices of the ISA.
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 1st, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.