Malaysia
03.10.01
Urgent Interventions
Malaysia: 9 activists to be detained for another two years under the ISA, one activist released
Case MYS 070801.1
Follow-up of Case 070801
Incommunicado detention / Fair trial / Risk of torture / Release
Geneva, October 3rd , 2001
The International Secretariat of OMCT has received new information regarding the following situation in Malaysia.
New Information
The International Secretariat of OMCT has been informed by a reliable source that, on September 25th, 2001, the Minister for Home Affairs ordered that nine activists being detained incommunicado under the Internal Security Act (ISA) be detained for two more years without a trial. One activist, who was arrested at the same time as the other nine, has been released.
According to our sources, the activists in question, three of whom are members of the Parti Islam SeMalaysia (PAS) Islamic political party, were arrested under the auspices of the ISA between August 2nd and August 4th, 2001. These persons are (name, position if available, place of arrest):
· Asfawani Abdullah (arrested in Kuala Keti, Kedah);
· Abu Bakar Che Doi (arrested in Tilam Batu, Kedah);
· Zainun Ismail (PAS youth leader, arrested in Baling, Kedah);
· Solehan Abdul Ghaffar (arrested in Wakaf Tembesu, Terengganu);
· Alias Ngah (arrested in Manir, Terengganu);
· Ahmad Pozi Darman (arrested Ulu Tilam, Johor);
· Ahmad Tajuddin Abu Bakar (PAS Larut Youth Chief, arrested in the state of Perak);
· Nik Adli Nik Abdul Aziz (son of Chief Minister of PAS party in Kelantan, Kelantan);
· Mohd Lothfi Ariffin (arrested in Kg Sidek Kupang, Kedah).
They are to serve their sentences at Kamunting detention camp. During their 50-day initial detention period, the ten detainees were denied access to legal counsel, as it is usually the case with the detention of persons arrested under the ISA. According to our sources, it is thought that they have been subjected to ill-treatment and potentially torture during their incommunicado detention and interrogation. The other detainee, Norashid Sakip (PAS student leader, arrested in Simpang Renggam, State of Johor) was released, but has been placed under a Restricted Residence Order, meaning that he cannot leave the state of Johor.
Under the auspices of the ISA, there is no obligation to make evidence public. Detainees being held under the ISA are reportedly often subjected to various forms of torture, including physical assault, sleep deprivation, round-the-clock interrogation, threats of bodily harm to family members, including detainees' children, which are allegedly often used to extract false signed confessions from the detainees.
According to our sources, the authorities claim that these persons represent a danger for the national government, as they allegedly belong to a local Islamic group called Kumpulan Mujahidin Malaysia (Malaysian Mujahedin Group), which is being blamed for several crimes, including bank robberies, an attack on a church and a murder. The authorities claim that this group is planning a coup in order to establish an Islamic state, and that its members have been trained at military and religious training camps in Afghanistan.
According to the information received, these arrests and detentions are aimed at discrediting the PAS Islamic political party, as three of the detainees in question are members of the party. The authorities are reportedly trying to make the PAS appear to be an Islamic extremist movement.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the nine persons that are to be detained for to two years, as they are at risk of being subjected to ill-treatment, including poor detention conditions, a lack of access to their families, lawyers, medical assistance, and that they may potentially be tortured during this time. OMCT continues to urge the Malaysian authorites to reconsider the ISA as a whole, as suggested by Shah Alam, High Court Judge and Justice Mohd Hishamudin Mohd Yunus, during recent rulings, which lead to several ISA detainees being released (see Urgent Appeal Case MYS 110401.2 on June 1st, 2001).
Remarks
OMCT fears that there may be an increase in the number of arrests made under the auspices of the ISA in the near future, as it is thought that Malaysia may use the recent terrorist acts on the USA, and the ensuing global increase in anti-terrorist security activity, to justify cracking down further Islamic opposition groups.
Brief reminder of the situation
According to the information received, 10 persons, including Parti Islam SeMalaysia (PAS) opposition party members, were under the Internal Security Act (ISA) during the first week of August 2001.
According to the information received, Prime Minister Dr. Mahathir has claimed that the PAS party was holding a series of gatherings despite a ban on such activities, in order to force the Government to arrest participants under the ISA, leading to an increase in the growing popular anti-Government sentiment. This ban has been criticised by Suhakam, the Malaysian Human Rights Commission. Deputy Prime Minister Abdullah Ahmad Badawi, however, has denied that these arrests were part of a police crackdown on PAS. In contradiction, Police Chief Norian Mai has stated that the arrests under the ISA were conducted on suspicion of these persons being members of a group known as “Mujahedin Group”, who are accused of waging an Islamic “holy war,” adding that all of them had undergone training in Afghanistan.
According to the information received, leader Norashid Sakip was arrested under the article 73 of the ISA. Little is known at this time concerning the circumstances of the arrests of the other nine men, except for the fact that no official reasons for their arrests have been given and no charges have been brought against them.
Action requested
Please write to the authorities in Malaysia urging them to:
i. take all necessary measures to guarantee the detainees’ physical and psychological integrity;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Ybhg Tan Sri Musa Hitam, Chairperson Malaysian Human Rights Commission, C/o Kementerian Luar Negeri, Wisma Putra, 50602 Kuala Lumpur. Fax : 603-2425043 / Email: humanrights@humanrights.com.my
· Datuk Abdullah Ahmad Badawi, Home Minister, Jalan Dato Onn, 50502 Kuala Lumpur. Fax-603-2301051
· Tan Sri Norian Mai, Inspector General of Police, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50560 Kuala Lumpur. Fax: 603-22731326
Please also write to the embassies of Malaysia in your respective country.
Geneva, October 3rd , 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case 070801
Incommunicado detention / Fair trial / Risk of torture / Release
Geneva, October 3rd , 2001
The International Secretariat of OMCT has received new information regarding the following situation in Malaysia.
New Information
The International Secretariat of OMCT has been informed by a reliable source that, on September 25th, 2001, the Minister for Home Affairs ordered that nine activists being detained incommunicado under the Internal Security Act (ISA) be detained for two more years without a trial. One activist, who was arrested at the same time as the other nine, has been released.
According to our sources, the activists in question, three of whom are members of the Parti Islam SeMalaysia (PAS) Islamic political party, were arrested under the auspices of the ISA between August 2nd and August 4th, 2001. These persons are (name, position if available, place of arrest):
· Asfawani Abdullah (arrested in Kuala Keti, Kedah);
· Abu Bakar Che Doi (arrested in Tilam Batu, Kedah);
· Zainun Ismail (PAS youth leader, arrested in Baling, Kedah);
· Solehan Abdul Ghaffar (arrested in Wakaf Tembesu, Terengganu);
· Alias Ngah (arrested in Manir, Terengganu);
· Ahmad Pozi Darman (arrested Ulu Tilam, Johor);
· Ahmad Tajuddin Abu Bakar (PAS Larut Youth Chief, arrested in the state of Perak);
· Nik Adli Nik Abdul Aziz (son of Chief Minister of PAS party in Kelantan, Kelantan);
· Mohd Lothfi Ariffin (arrested in Kg Sidek Kupang, Kedah).
They are to serve their sentences at Kamunting detention camp. During their 50-day initial detention period, the ten detainees were denied access to legal counsel, as it is usually the case with the detention of persons arrested under the ISA. According to our sources, it is thought that they have been subjected to ill-treatment and potentially torture during their incommunicado detention and interrogation. The other detainee, Norashid Sakip (PAS student leader, arrested in Simpang Renggam, State of Johor) was released, but has been placed under a Restricted Residence Order, meaning that he cannot leave the state of Johor.
Under the auspices of the ISA, there is no obligation to make evidence public. Detainees being held under the ISA are reportedly often subjected to various forms of torture, including physical assault, sleep deprivation, round-the-clock interrogation, threats of bodily harm to family members, including detainees' children, which are allegedly often used to extract false signed confessions from the detainees.
According to our sources, the authorities claim that these persons represent a danger for the national government, as they allegedly belong to a local Islamic group called Kumpulan Mujahidin Malaysia (Malaysian Mujahedin Group), which is being blamed for several crimes, including bank robberies, an attack on a church and a murder. The authorities claim that this group is planning a coup in order to establish an Islamic state, and that its members have been trained at military and religious training camps in Afghanistan.
According to the information received, these arrests and detentions are aimed at discrediting the PAS Islamic political party, as three of the detainees in question are members of the party. The authorities are reportedly trying to make the PAS appear to be an Islamic extremist movement.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the nine persons that are to be detained for to two years, as they are at risk of being subjected to ill-treatment, including poor detention conditions, a lack of access to their families, lawyers, medical assistance, and that they may potentially be tortured during this time. OMCT continues to urge the Malaysian authorites to reconsider the ISA as a whole, as suggested by Shah Alam, High Court Judge and Justice Mohd Hishamudin Mohd Yunus, during recent rulings, which lead to several ISA detainees being released (see Urgent Appeal Case MYS 110401.2 on June 1st, 2001).
Remarks
OMCT fears that there may be an increase in the number of arrests made under the auspices of the ISA in the near future, as it is thought that Malaysia may use the recent terrorist acts on the USA, and the ensuing global increase in anti-terrorist security activity, to justify cracking down further Islamic opposition groups.
Brief reminder of the situation
According to the information received, 10 persons, including Parti Islam SeMalaysia (PAS) opposition party members, were under the Internal Security Act (ISA) during the first week of August 2001.
According to the information received, Prime Minister Dr. Mahathir has claimed that the PAS party was holding a series of gatherings despite a ban on such activities, in order to force the Government to arrest participants under the ISA, leading to an increase in the growing popular anti-Government sentiment. This ban has been criticised by Suhakam, the Malaysian Human Rights Commission. Deputy Prime Minister Abdullah Ahmad Badawi, however, has denied that these arrests were part of a police crackdown on PAS. In contradiction, Police Chief Norian Mai has stated that the arrests under the ISA were conducted on suspicion of these persons being members of a group known as “Mujahedin Group”, who are accused of waging an Islamic “holy war,” adding that all of them had undergone training in Afghanistan.
According to the information received, leader Norashid Sakip was arrested under the article 73 of the ISA. Little is known at this time concerning the circumstances of the arrests of the other nine men, except for the fact that no official reasons for their arrests have been given and no charges have been brought against them.
Action requested
Please write to the authorities in Malaysia urging them to:
i. take all necessary measures to guarantee the detainees’ physical and psychological integrity;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Ybhg Tan Sri Musa Hitam, Chairperson Malaysian Human Rights Commission, C/o Kementerian Luar Negeri, Wisma Putra, 50602 Kuala Lumpur. Fax : 603-2425043 / Email: humanrights@humanrights.com.my
· Datuk Abdullah Ahmad Badawi, Home Minister, Jalan Dato Onn, 50502 Kuala Lumpur. Fax-603-2301051
· Tan Sri Norian Mai, Inspector General of Police, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50560 Kuala Lumpur. Fax: 603-22731326
Please also write to the embassies of Malaysia in your respective country.
Geneva, October 3rd , 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.