Malaysia
16.07.01
Urgent Interventions
Malaysia: arbitrary arrest of 3 children under the ISA
CHILD CONCERN
Case MYS 160701.CC
The International Secretariat of 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 a reliable source of the arrest by the Malaysian police of three children under the Internal Security Act (ISA), on 15th July 2001.
According to the information received, a peaceful demonstration with more than 1500 people was held in front of the Kamunting detention camp, on July 15th, to commemorate the 100th day of detention of the political and reform activists being held under the ISA. The police intervened with water canons to put an end to the demonstration and then arrested 41 of the demonstrators, including the three children in question, Norashikin bte Baharin (14 years old), Rohaida Ayu bte Arifin (15 years old), Abdul Rahman bin Mohd Nor (16 years old). They are now being held at Taiping police station. Eyewitness accounts alleged that people were beaten with batons and dragged away into police trucks. The 41 detainees have reportedly been arrested for “illegal assembly,” and are expected to be brought before a magistrate within 24 hours.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of all the persons arrested, most notably the three children. OMCT recalls that under Article 37, para b, of the Convention of the Rights of the Child, “no child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.” OMCT also urges the Malaysian authorities 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).
Action requested :
Please write to the authorities in Malaysia urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
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 and, in particular, the Convention on the Rights of the Child.
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, July 16th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Case MYS 160701.CC
The International Secretariat of 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 a reliable source of the arrest by the Malaysian police of three children under the Internal Security Act (ISA), on 15th July 2001.
According to the information received, a peaceful demonstration with more than 1500 people was held in front of the Kamunting detention camp, on July 15th, to commemorate the 100th day of detention of the political and reform activists being held under the ISA. The police intervened with water canons to put an end to the demonstration and then arrested 41 of the demonstrators, including the three children in question, Norashikin bte Baharin (14 years old), Rohaida Ayu bte Arifin (15 years old), Abdul Rahman bin Mohd Nor (16 years old). They are now being held at Taiping police station. Eyewitness accounts alleged that people were beaten with batons and dragged away into police trucks. The 41 detainees have reportedly been arrested for “illegal assembly,” and are expected to be brought before a magistrate within 24 hours.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of all the persons arrested, most notably the three children. OMCT recalls that under Article 37, para b, of the Convention of the Rights of the Child, “no child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.” OMCT also urges the Malaysian authorities 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).
Action requested :
Please write to the authorities in Malaysia urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
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 and, in particular, the Convention on the Rights of the Child.
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, July 16th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.