Malaysia: Acquittal of seven 'ISA demonstration' students

Case MYS 090703.1 ESCR
Follow up to Case MYS 090703
Economic, Social and Cultural Rights Concern
Release


Geneva, 2nd May 2005

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Malaysia.


New Information

The International Secretariat of OMCT has been informed by a reliable source that 7 students, Rafzan Ramli, Mara University of Technology (UTM), Helman Sanuddin, UTM, Dzulkefle Idris, UTM, Wan Mohd. Sanusi Wan Modh. Noor, University of Malaysia (UM), Kairul Amal Mahmud, UM, Ahmad Kamal Abd. Hamid, UM, Nik Noorhafizi Mik Ibrahim, University Kebangsaan Malaysia (UKM), previously charged with illegal assembly and then suspended from their university studies for their participation in a demonstration on June 8th 2001, were acquitted by the Kuala Lumpur magistrate’s court on 22nd April 2004.

According to the information received, the prosecution had failed to prove that they had organised and participated in an anti-Internal Security Act (ISA) demonstration outside the National Mosque in Kuala Lumpur on June 8, 2001. The prosecution also failed to prove that it was an unlawful assembly. When asked, the prosecution said it has to wait for further instruction to decide whether it would appeal against the decision.


Brief reminder of the situation

The International Secretariat of OMCT was informed of the arrest of seven students who were charged with illegal assembly under section 27(5) of the 1967 Police Act. They were suspended from their university studies for their participation in a demonstration on June 8th 2001.

According to the information received, following their arrest on June 8th 2001, they were detained at the Tun H.S. Lee police station at Jalan Stadium overnight before being granted police bail. The students sought the withdrawal of the charges retained against them and a reinstatement to their university studies. The hearing began in July 2003 after it was postponed on eight previous occasions.


Remarks

The International Secretariat of OMCT welcomes the court’s decision and wishes to thank the individuals and institutions who intervened on their behalf.

Geneva, 2nd May 2005