Fear for the safety of Mr. Kadir bin Hashim arrested under the ISA

Arbitrary arrest and detention/ Fear for the safety

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. Kadir bin Hashim, a42-year-old disable man, member of Parti Keadilan Rakyat[1](PKR), who resides and runs a restaurant at Kampung Kerinchi, Kuala Lumpur, byseveral special branch officers, in events occurred in Kampung Kerinchi, KualaLumpur. OMCT is gravely concern about his safety as he was arrested anddetained under the Internal Security Act (ISA).

Accordingto the information received, on 1stApril 2011, at about 6.50 pm, Mr. Kadir binHashim was arrested at his house by several special branch officers, who werewearing plain clothes and ambushed the house without notifying and introducingthemselves. They reportedly also took some of Mr. Kadir bin Hashim’s belongingswithout saying what they took.

Mr.Kadir bin Hashim was reportedly arrested under Section 73 (1) of ISA[2],allegedly for having been involved in subversive movement. He would be detainedat Malaysian Police Headquarters. He has reportedly no access to a lawyer norto his family or to a doctor. The caretaker officer[3]reportedly told the lawyers to send an official letter in order to get accessto Mr. Kadir bin Hashim, which was sent on 4April 2011.

The International Secretariat of OMCT is gravelyconcerned about the safety of Mr. Kadir bin Hashim 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 further urges the competent authorities toimmediately release Mr. Kadir bin Hashim in theabsence of valid legal charges and judicial process consistent withinternational legal standards, or if such chargesexist, bring him before an impartial and competent tribunal and guarantee hisprocedural rights at all times. OMCT has on several occasions expressedgravest concerns over existing emergency and anti-subversion laws in Malaysiawhich provide for indefinite detention without trialin clear violation of internationally recognised human rights standardsrelating to fair trials, namely the Dangerous Drugs Act 1985 (DDA), theEmergency Ordinance 1969 (EO) and the ISA[4].Under the ISA, individuals are deprived of many oftheir 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, andtheir right not to be subjected to torture and other cruel, inhuman ordegrading treatment. OMCT recalls that the UN Working Group on ArbitraryDetention has urged the Government of Malaysia, following his mission to thecountry, to take steps to repeal the ISA[5].

Action requested

Please write to the authoritiesin Malaysia urging them to:

i. Guarantee, in allcircumstances, the physical and psychological integrity of Mr. Kadir binHashim;

ii. Grant Mr. Kadir binHashim prompt and unconditional access to a lawyer of hischoice and his family, as well as guarantee that he is promptly examined byindependent doctors and receives adequate and free medical care, in accordance,inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;

iii. 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;

iv. Carry out a prompt,effective, thorough, independent and impartial investigation into the arrestand detention of Mr. Kadir bin Hashim, the result of which mustbe made public, in order to bring those responsible before a competent,independent and impartial tribunal and apply penal, civil and/or administrativesanctions as provided by law;

v. 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 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, 5 April 2011.

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

[1] The PKR is a centristpolitical party in Malaysia formed in 2003 bya merger of the National Justice Party and the older Malaysian People's Party.

[2] Section Power to detainsuspected persons.

[3] The officerwho is in charge of responding to any inquiries relatedto Mr. Kadir bin Hashim.

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

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