Follow-up of case MYS 151210_Writ of habeas corpus to free M. K. Selvachandran was rendered academic_OMCT remains seriously concerned about his safety and detention

​Case MYS 151210.1Follow-up of case MYS 151210Habeas corpus application rendered academic/ Arbitrarydetention/ Fear for the safety TheInternational Secretariat of the World Organisation Against Torture (OMCT) has received new informationand requests your URGENTintervention in the following situation in Malaysia. Newinformation TheInternational Secretariat of OMCT has been informed by SUARAM, a member of OMCTSOS-Torture Network, that the writ of habeas corpus to free M. K. Selvachandran, a witness whotestified against the police in the case of a death in police custody, wasrendered academic following his transfer to the Batu Gajah detention camp, on 14 December 2010. According to the information received, on 20 December2010,the High Court ruled that ithad no longer jurisdiction to hear the habeas corpus application filed, on 10November 2010, on behalf of Mr. K. Selvachandran for his 60 days in detention afterhe was transferred to Batu Gajah detention camp under a two-year detentionorder issued by Malaysia’s Home Minister. Mr. K. Selvachandran’s lawyer hasreportedly decided to challenge the decision before the Appeal Court. The International Secretariat of OMCT reiterates itsgrave concerns about the safety of Mr. K. Selvachandran 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. K. Selvachandran 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 his proceduralrights at all times. OMCT has on several occasions expressed gravestconcerns over existing emergency and anti-subversion laws in Malaysia whichprovide for indefinite detention without trial inclear violation of internationally recognised human rights standards relatingto fair trials, namely the Dangerous Drugs Act 1985 (DDA), the EmergencyOrdinance 1969 (EO) and the Internal Security Act (ISA)[1].In this regard, OMCT recalls that the UN Working Group on Arbitrary Detentionhas urged the Government of Malaysia, following his mission to the country, torepeal or amend four preventive laws in force in the country that allowdetention without trial, in some cases indefinitely, including the DDA[2].OMCT is all the more concerned about the detention of Mr. K. Selvachandran sincehe seems to be detained solely for having testified against the police in theR. Gunasegaran’s death in police custody (seebelow). Finally,OMCT calls on the competent authorities of Malaysia to carry out a prompt, effective,thorough, independent and impartial investigation into the beatings suffered by Mr.K. Selvachandran duringhis arrest, the result of which must be made public, in order to bring those responsible before a competent, independent andimpartial tribunal and apply penal, civil and/or administrative sanctions asprovided by law. Background information OMCThad earlier been informed about the arbitrary detention of 39-year-old Mr. K.Selvachandran. Accordingto the information received, on 14 December 2010, Mr. K.Selvachandran was transferred to Batu Gajah detention camp in the state ofPerak after Malaysia’s Home Minister issued a two-year detention order underthe Dangerous Drugs (Special Preventive Measures) Act 1985 (DDA), which provides for detention without trial for up to twoyears [3].Mr. K. Selvachandran was reportedly not allowed to see his family before histransfer. His habeas corpus hearing was scheduled for 20 December 2010. Mr.K. Selvachandran was reportedly arrested under unspecified charges under theDDA, on 25 October 2010, by fiveplain-clothes police officers, only a few hours after a court delivered an openverdict at the inquest into R. Gunasegaran’s death in police custody, ruling that the cause of his death could not beconclusively proven. Mr. K. Selvachandran had testified during theinquest that he had seen a policeman kicking Mr. R. Gunasegaran before thislatter collapsed and died at Sentul police station, on 16 July 2009. Duringthe arrest, Mr. K. Selvachandran was allegedly beaten by the police in front ofhis wife and children before he was taken to the Kuala Lumpur police contingentheadquarters. He would suffer from hearing problems due to the beatings. Action requested Please write to theauthorities in Malaysia urging them to: i. Guarantee, in all circumstances, the physical andpsychological integrity of Mr. K. Selvachandran;ii. Grant Mr. K. Selvachandran 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;iii. Order his immediate release in the absence of validlegal charges that are consistent with international law and standards, or, ifsuch charges exist, bring him promptly before an impartial, independent andcompetent tribunal and guarantee his procedural rights at all times;iv. Carry out a prompt, effective, thorough,independent and impartial investigation into the reports of beatings, theresult of which must be made public, in order to bring those responsible beforea competent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;v. Ensure that an effective remedy, including theright to full redress with compensation and rehabilitation be granted to thevictim concerned;vi. Ensure the respect of human rights and fundamentalfreedoms throughout the country in accordance with national laws andinternational human rights standards. Addresses Ø Prime Minister of Malaysia Mr. Dato' Sri Mohd Najib bin Tun Abdul Razak,Prime Minister’s Office Malaysia, PerdanaPutra Building, Federal Government Administrative Centre, 62502 PUTRAJAYA,Selangor, Malaysia, Fax: + 60 3 8888 3444, Email: ppm@pmo.gov.my Ø Malaysian Home Affairs 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.myØ Director, Batu Gajah Detention camp, Pusat Pemulihan Akhlak, Jalan Brewster, 31000 Batu Gajah, Perak, No. Fax : 05-3661519Ø 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, 20 December 2010 Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.
[1] See for example OMCT joint press release on 1 August 2010, www.omct.org [2] See the UN Working Group on Arbitrary Detention press release on 18 June 2010, « Arbitrary Detention: Preventive Laws should be repealed or amended in Malaysia - UNexpert body”.[3] The Dangerous Drugs (Special PreventiveMeasures) Act 1985 (DDA) gives powers to the police to arrest and detain anysuspect who “has been or is associatedwith any activity relating to or involving the trafficking in dangerous drugs”for up to sixty days without an order of detention. At the end of the 60-daydetention, the Home Minister is provided powers to hand a two-year detentionorder, if he is satisfied that “it isnecessary in the interest of public order that such person be detained”.Section 11A of the DDA provides powers to the Home Minister to extend adetention order, for a period not exceeding two years, but the number ofextensions is not limited.