Malaysia
14.06.11
Urgent Interventions

Secret detention of Mr. Abdul Haris Bin Syuhadi_Fear for his safety

Case MYS 140611

Arbitrary arrest and detention/ Secret detention/ Fearfor the safety and personnel integrity

The International Secretariat of the WorldOrganisation Against Torture (OMCT) requests your URGENT intervention inthe following situation in Malaysia.

Brief description of the situation

TheInternational Secretariat of OMCT has been informed by SUARAM, a member of OMCTSOS-Torture Network, about the arbitrary arrest and detention of Mr. Abdul HarisBin Syuhadi, 63 years old, who resides and works as a petty traderat Kampung Batu Belah, in Klang, by police officers, in events occurred in Klang. OMCT is gravelyconcern about his safety as he has been arrested and since then secretly detainedunder the Internal Security Act (ISA).

Accordingto the information received, on 5 June 2011, at about 8 pm, Mr.Abdul Haris Bin Syuhadi was arrested at his house bypolice officers for alleged terrorism activities, under Section 73 (1) of the ISA[1].To date, the whereabouts of Mr. Abdul Haris BinSyuhadi remain unknown and he has reportedly not been charged with any offence.

The International Secretariat of OMCT is gravelyconcerned about the safety of Mr. Abdul Haris Bin Syuhadi and recalls to theauthorities of Malaysia that they are legally bound to effectivelyensure the physical and psychological integrity of all persons deprived ofliberty in accordance with international human rights law.

OMCT urges the competent authorities to immediatelydisclose the whereabouts of Mr. Abdul Haris Bin Syuhadi and release him in the absence of valid legal charges and judicial processconsistent with international legal standards, or ifsuch charges exist, bring him before an impartial and competent tribunal andguarantee his procedural rights at all times.

OMCT has on several occasions expressed gravest concerns over existingemergency and anti-subversion laws in Malaysia which provide for indefinitedetention without trial in clear violation ofinternationally recognised human rights standards relating to fair trials,namely the Dangerous Drugs Act 1985 (DDA), the Emergency Ordinance 1969 (EO)and the ISA[2]. Underthe 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 innocentuntil proven guilty according to law, and their right not to be subjected totorture and other cruel, inhuman or degrading treatment. OMCT recallsthat the UN Working Group on Arbitrary Detention has urged the Government ofMalaysia, following his mission to the country, to take steps to repeal the ISA[3].

Action requested

Please write to theauthorities in Malaysia urging them to:

i. Immediately locate anddisclose the whereabouts ofMr.Abdul Haris Bin Syuhadi;

ii. Guarantee, in allcircumstances, his physical and psychological integrity;

iii. Grant Mr. Abdul Haris BinSyuhadi unconditional access to a lawyer of his choice andhis family, as well as guarantee that he is promptly examined by independentdoctors and receives adequate and free medical care, in accordance, inter alia,with the UN Standard Minimum Rules for the Treatment of Prisoners;

iv. Order his immediate releasein the absence of valid legal charges that are consistent with internationallaw and standards, or, if such charges exist, bring him promptly before animpartial, independent and competent tribunal and guarantee his proceduralrights at all times;

v. Carry out a prompt,effective, thorough, independent and impartial investigation into the arrestand detention of Mr.Abdul Haris BinSyuhadi, the result of which must be made public, in orderto bring those responsible before a competent, independent and impartialtribunal and apply penal, civil and/or administrative sanctions as provided bylaw;

vi. Ensure the respect of humanrights and fundamental freedoms throughout the country in accordance withnational laws and international human rights standards.

Addresses

Ø Prime Minister of Malaysia Mr. Dato' Sri Mohd Najib bin Tun Abdul Razak, PrimeMinister’s Office Malaysia, Perdana Putra Building, Federal GovernmentAdministrative Centre, 62502 PUTRAJAYA, Selangor, Malaysia, Fax: + 60 3 88883444, Email: ppm@pmo.gov.my

Ø Malaysian HomeAffairs Minister Hishammuddin Hussein, Ministry of Home Affairs,Blok D1 & D2, Kompleks D, Pusat Pentadbiran, Kerajaan Persekutuan, 62546 Putrajaya, Fax:03-88891613/03-88891610, Email: hishammuddin@moha.gov.my

Ø Director, Batu Gajah Detention camp, Pusat PemulihanAkhlak, Jalan Brewster, 31000 Batu Gajah, Perak,No. Fax : 05-3661519

Ø Permanent Mission of Malaysia to the United Nations in Geneva,ICC-1er/ H, Pré-Bois 20, P.O. 1834, CH-1215, Geneva 15, Switzerland, Email :mwgeneva@ties.itu.int, Fax: +4122 710 75 01

Please also write to the embassies of Malaysia in your respective country.

Geneva, 14 June 2011.

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

[1] Section Powerto detain suspected persons.

[2] See for example OMCT joint press release on 1 August 2010,www.omct.org

[3] See the Report of the UN Working Group on Arbitrary Detention, 8 February 2011, A/HRC/16/47/Add.2.

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