New arrests under the Internal Security Act (ISA)_Risk of torture and other forms of ill-treatment

Via fax : 0060 3 8888 3444

Geneva, 12 February 2010

Your Excellency,

The World Organisation Against Torture (OMCT), the largest network of NGOs fighting against torture and other forms of ill-treatment in the world, is writing to you to express its serious concern about the latest arrests in Malaysia under the Internal Security Act (ISA).

According to the information received by its member organisation in Malaysia, Suara Rakyat Malaysia (SUARAM), on 21 January 2010, 50 people were arrested under the ISA at Sungai Cincin, Gombak (State of Selangor), when they were reportedly attending an informal religious class. The police action force broke into the house where they were having their class, without warning or identifying themselves. On 22 January 2010, 38 of them were released. As to this date, 12 of them remain detained, allegedly suspected of terrorism and international terrorist networking. However, according to the information received, no charges have been brought against them. Furthermore, their respective lawyers have been trying to get access to them since their arrest, but to no avail.

The nine individuals who have been identified by SUARAM are: Mr. Azzahari bin Murad (Malaysian), Mr. Aiman Al Dakkak (Syrian Nationality), Mr. Mohamed Hozifa (Syrian Nationality), Mr. Kutiba Al-Issa (Syrian Nationality), Mr. Khalid Salem (Yamani Nationality), Mr. Luqman Abdul Salam (Nigerian Nationality), Mr. Hassan Barudi (Syrian Nationality), Mr. Hussam Khalid (Jordanian Nationality) and Mr. Abdul Alhi Bolajoko Uthman (Nigerian Nationality). While their exact whereabouts are currently unknown, they are believed to be detained at the Police Headquarters. No further information is currently available on the fate of the remaining three, whose names could not be obtained.

OMCT is seriously concerned about the fate of the twelve abovementioned individuals, in particular because of the 60-day detention for “investigation” allowed under the ISA. OMCT recalls that previous detainees under the ISA have reported to have been interrogated and tortured during that initial detention time.

OMCT recalls that the ISA was originally enacted in 1960 to succeed emergency laws aimed at combating the communist insurgency during the 1940s and 1950s. The law, which allows for arrest without warrant and indefinite detention without trial, violates internationally recognised human rights standards. Under the ISA, individuals are deprived of many of their fundamental human rights, such as their right to a fair and public trial, the right to be presumed innocent until proven guilty according to law, and their right not to be subjected to torture and other cruel, inhuman or degrading treatment.

OMCT recognises that one of a government’s primary duties is to ensure the security of its citizens. Nevertheless, security should not be used as a pretext to undermine the fundamental rights and guarantees enshrined in international human rights law.

In light of this, OMCT, along with SUARAM, had, on previous occasions, called on the Government of Malaysia to take all necessary steps to repeal this law and release all individuals arbitrarily detained under the ISA. OMCT is all the more concerned about these latest arrests, since the Government of Malaysia is apparently in the midst of talks about reviewing the Act.

Accordingly, OMCT reiterates its previous calls and urges you, Your Excellency, to ensure that the physical and psychological integrity of the twelve abovementioned individuals is guaranteed at all times and that they are immediately released in the absence of valid legal charges that are consistent with international law and standards, and if such charges exist, to ensure that they are given a prompt and fair trial, in which their procedural rights are guaranteed at all times, including immediate access to a lawyer of their choice.

OMCT further reiterates its call on the Malaysian Government to take the necessary steps to effectively repeal the law in order to respect fundamental rights and freedoms.

We hope that the concerns expressed in this letter will receive the attention they deserve and we would welcome your prompt response on these matters.

Yours sincerely

Eric Sottas
Secretary General
OMCT

Cc: Permanent Mission of Malaysia to the United Nations Office at Geneva and other International Organizations in Switzerland, Fax: +41 22 710 75 01