Malaysia
16.01.03
Urgent Interventions
Malaysia: arrest of a prominent PRIM politician, who is also a lawyer involved in the inquest concerning the death of a youth in police custody
Case MYS 160103
Arbitrary arrest / Incommunicado detention / Risk to personal integrity
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 Suaram, a member of the OMCT network, of the arrest of a prominent PRIM politician, who is also a lawyer involved in the inquest concerning the death of a youth in police custody in Malaysia.
According to the information received, Saudara Udayakumar, a lawyer and the Chairman of the pro-tem committee of Parti Reformasi Insan Malaysia (PRIM), was arrested on January 16th, 2003, outside the Sepang Magistrate Court, immediately after the session of the Inquest of Tharma Rajen a/l Subramaniam, which had entered into its tenth day.
According to the information received, 19-year old Tharma Rajen a/l Subramaniam died in police custody on June 21st, 2002 at Putrajaya Hospital. Saudara Udayakumar was involved in this death in custody case as a lawyer.
Saudara Udayakumar was reportedly arrested by a team of police officers, led by SAC Abu Bakar, and it is believed that he is being held under Section 506 of the Criminal Procedure Code (CPC), at the Sepang Police Station, although this remains to be confirmed. The exact reasons for his arrest have not yet surfaced.
The International Secretariat of OMCT is gravely concerned by the arrest of Saudara Udayakumar and suspects that it has likely occurred in relation with his involvement in the Tharma Rajen a/l Subramaniam case as a lawyer and his political activities with PRIM. Given that his exact whereabouts are not currently know, OMCT fears that he may be being subjected to ill-treatment or potentially even torture, as people being detained incommunicado in Malaysia run a higher risk of being subjected to such treatment. OMCT therefore calls on the Malaysian authorities to guarantee Saudara Udayakumar's personal integrity and to immediately release him in the absence of valid legal charges.
Action requested
Please write to the authorities in Malaysia urging them to:
i. take all necessary measures to guarantee Saudara Udayakumar’s physical and psychological integrity;
ii. immediately locate his whereabouts;
iii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses
· Dato' Seri Dr Mahathir bin Mohamad, Prime Minister's Office, Federal Government Administration Center, 62502 Putrajaya, MALAYSIA, Fax: +603 8888 3444, E-mail: ppm@smpke.jpm.my
· Dato Abdullah Haji Ahmad Badawi, Minister of Home Affairs & Deputy Prime Minister, Ministry of Home Affairs (Menteri Dalam Negeri), Aras 13, Blok D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor, Malaysia, Fax: + 60 3 8886 8014, E-mail: tpm@smpke.jpm.my
· Tan Sri Norian Mai, Inspector General of Police, Ketua Polis Negara, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50502 Kuala Lumpur, Malaysia, Fax: + 60 3 2273 1326
· Chairman, Human Rights Commission (SUHAKAM), Ybhg. Tan Sri Musa Hitam Suruhanjaya Hak Asasi Manusia Malaysia, 29th Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia, Fax: + 60 3 2612 5620, E-mail: humanrights@humanrights.com.my
Please also write to the embassies of Malaysia in your respective country.
Geneva, January 16, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest / Incommunicado detention / Risk to personal integrity
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 Suaram, a member of the OMCT network, of the arrest of a prominent PRIM politician, who is also a lawyer involved in the inquest concerning the death of a youth in police custody in Malaysia.
According to the information received, Saudara Udayakumar, a lawyer and the Chairman of the pro-tem committee of Parti Reformasi Insan Malaysia (PRIM), was arrested on January 16th, 2003, outside the Sepang Magistrate Court, immediately after the session of the Inquest of Tharma Rajen a/l Subramaniam, which had entered into its tenth day.
According to the information received, 19-year old Tharma Rajen a/l Subramaniam died in police custody on June 21st, 2002 at Putrajaya Hospital. Saudara Udayakumar was involved in this death in custody case as a lawyer.
Saudara Udayakumar was reportedly arrested by a team of police officers, led by SAC Abu Bakar, and it is believed that he is being held under Section 506 of the Criminal Procedure Code (CPC), at the Sepang Police Station, although this remains to be confirmed. The exact reasons for his arrest have not yet surfaced.
The International Secretariat of OMCT is gravely concerned by the arrest of Saudara Udayakumar and suspects that it has likely occurred in relation with his involvement in the Tharma Rajen a/l Subramaniam case as a lawyer and his political activities with PRIM. Given that his exact whereabouts are not currently know, OMCT fears that he may be being subjected to ill-treatment or potentially even torture, as people being detained incommunicado in Malaysia run a higher risk of being subjected to such treatment. OMCT therefore calls on the Malaysian authorities to guarantee Saudara Udayakumar's personal integrity and to immediately release him in the absence of valid legal charges.
Action requested
Please write to the authorities in Malaysia urging them to:
i. take all necessary measures to guarantee Saudara Udayakumar’s physical and psychological integrity;
ii. immediately locate his whereabouts;
iii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses
· Dato' Seri Dr Mahathir bin Mohamad, Prime Minister's Office, Federal Government Administration Center, 62502 Putrajaya, MALAYSIA, Fax: +603 8888 3444, E-mail: ppm@smpke.jpm.my
· Dato Abdullah Haji Ahmad Badawi, Minister of Home Affairs & Deputy Prime Minister, Ministry of Home Affairs (Menteri Dalam Negeri), Aras 13, Blok D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor, Malaysia, Fax: + 60 3 8886 8014, E-mail: tpm@smpke.jpm.my
· Tan Sri Norian Mai, Inspector General of Police, Ketua Polis Negara, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50502 Kuala Lumpur, Malaysia, Fax: + 60 3 2273 1326
· Chairman, Human Rights Commission (SUHAKAM), Ybhg. Tan Sri Musa Hitam Suruhanjaya Hak Asasi Manusia Malaysia, 29th Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia, Fax: + 60 3 2612 5620, E-mail: humanrights@humanrights.com.my
Please also write to the embassies of Malaysia in your respective country.
Geneva, January 16, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.