Arbitrary arrest under ISA and fear for safety

The International Secretariat of the World Organisation Against Torture (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 SUARAM, a member of the OMCT SOS-Torture network, of the arbitrary arrest of five Hindu Rights Action Force (HINDRAF) leaders under the Internal Security Act (ISA) on 13 December 2007 in Kuala Lumpur.

According to the information received, Mr. P. Uthayakumar (Hindraf legal adviser), Mr. M. Manoharan (lawyer), Mr. R. Kenghadharan (lawyer), Mr. V. Ganabatirau (lawyer), Mr. T. Vasanthakumar (organizing secretary) were arrested by the Special Branch police officers under Section 8 (1), which allows the person to be detained for any period not exceeding two years, of the ISA. They are currently reportedly held at the police headquarters in Bukit Aman.

According to the same information, Mr. Kenghadharan was the first to be arrested at his office in Petaling Jaya at about 12:30 p.m. by a team of police from Bukit Aman, followed by Mr. Ganabatirau, who was reportedly picked up by the police in Seremban. Mr. Vasanthakumar was reportedly nabbed at about 2:00 p.m. at Brickfields. Mr. Manoharan is believed to have been arrested while he visited Mr. Kenghadharan at Bukit Aman and Mr. Uthayakumar was reportedly taken away from his legal firm in Bangsar.

On 25 November 2007, Hindraf had organised a mass rally in Kuala Lumpur which was reportedly violently repressed and turned violent. Thirty-one of the protesters were charged with attempted murder and causing mischief with some of them also facing a third charge of illegal assembly.

According to the information, the police have since been targeting Hindraf lawyers over the past few weeks. The crackdown started with the arrest of chairperson, Mr. P. Waythamoorthy, Mr. P. Uthayakumar and Mr. Ganabatirau on 23 November 2007. They were then charged with sedition in Klang. Then, Mr. Uthayakumar was arrested and charged on another count of sedition in Kuala Lumpur. He was arrested once more and kept overnight in remand before being released on 12 December 2007 without being charged.

The International Secretariat of OMCT is very much concerned about these arbitrary arrests, in particular under the ISA, considered by the United Nations Working Group on Arbitrary Detention as contrary to international human rights law since it allows long term detention without trial. The ISA further violates fundamental rights such as the right to trial, the right to legal counsel, the right to defend oneself in open court and the right to be presumed innocent until proven guilty. OMCT is furthermore concerned about the physical and psychological integrity of the five individuals as they might be at risk of torture and ill-treatment. OMCT further condemns the arrests of human rights lawyers, activists and members of the public in the past few days as they exercised their right to peaceful assembly and freedom of expression[1]. OMCT recalls that Malaysia, as a member of the UN Human Rights Council, committed to respect the highest standard of human rights protection.

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 Mr. P. Uthayakumar, Mr. M. Manoharan, Mr. R. Kenghadharan, Mr. V. Ganabatirau, and Mr. T. Vasanthakumar;
2. Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
3. Order a thorough and impartial investigation into these events, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
4. Sign, ratify and implement the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) as well as the Optional Protocol to this Convention (OPCAT);
5. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Dato’ Seri Abdullah bin Haji Ahmad Badawi, Prime Minister and Minister of Internal Security Prime Minister’s Office Malaysia, Perdana Putra Building, Federal Government Administrative Centre, 62502 PUTRAJAYA, Selangor, Malaysia., Tel: + 60 3 8888 6000, Fax: + 60 3 8888 3444, Email: ppm@pmo.gov.my
• Tan Sri Musa Hassa, Inspector General of Police, Ibu Pejabat Polis Diraja Malaysia, 50560 Bukit Aman, Kuala Lumpur, Malaysia, Tel: +603 2262 6015 Fax: +603 2272 5613
• Ambassadeur King Bee Hsu, 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, 13 December 2007

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

[1] See OMCT Press Release of 12 December 2007 and 13 November 2007.