Malaysia
07.11.00
Urgent Interventions
Malaysia: further arrests and ill-treatment
Case MYS 061100.1
Follow-up to Case MYS 061100
Geneva, 7 November 2000.
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Malaysia.
New information
The International Secretariat of OMCT has received information confirming the arrest of 6 persons on 4 November 2000 and 120 persons (117 men and 4 women) on 5 November 2000.
According to the information received, on 6 November 2000, all 126 persons arrested in connection with the Sunday 5 November public assembly over the weekend in Klang, were brought before the Magistrate by the police for an application for extension of remand for the purposes of completing investigations under section 117 of the Criminal Procedure Code.
A total of 26 persons complained the Magistrate that they had suffered injuries caused by the police during their arrests. These injuries ranged from broken ribs, deep cuts on the head and body, to swellings and aberrations. One of the detainees is currently in hospital.
About 40 detainees reportedly complained that, following their arrest, they were placed in the 'Black Maria'. There, they were subjected to three incidents of fumes being sprayed which caused their eyes and head to hurt. These persons also alleged that they were detained in the 'Black Maria' for about 3 hours in very cramped conditions, with the flaps closed, making it difficult to breathe.
Reports also indicate that not all injured during their arrest/detention were taken to hospital for medical attention. According to the information received, about 10 people are injured due to the violent assault of police and need immediate medical treatment. There are another 40 detainees who are in serious pain as a result of being tear gassed during the demonstration. One person is reported to have lost their eyesight. Others complained that they had not received medication.
One woman, Nora, 25 years, complained to the magistrate that she was asked to strip naked at the Kapar Police Lock-up, and was then asked to do 10 “ketuk Ketapis” (hold ears, squat and stand) by a woman officer in the lock-up.
It is noted that, although the police can hold a suspect for only 24 hours after arrest, in many cases, this 24 hours had lapsed before they were brought before the Magistrate for the remand application. Furthermore, not one statement had been taken during the period since the arrest until the remand application.
It is further reported that the police intimidated lawyers representing the detainees and family members through a heavy presence and by chasing them away from outside the Port Klang Police Station. Families were also denied their right to send food to those detained. The 10 lawyers who came to represent those arrested were kept waiting outside the gate in the hot sun and only two were eventually allowed in. The Magistrate only allowed 15 minutes for the lawyers to get instructions from their clients.
See Case MYS 061100 for a list of some of those arrested.
Brief reminder of the situation
The International Secretariat of OMCT was informed of the arrest of 122 people, including 4 women and 1 child, many of them sustaining injuries caused by the police, during a gathering called by reformists and opposition at Jalan Kebun, Bandaraya Shah Alam on 5th November 2000.
According to the information received, following speeches given by opposition leaders on the highway between 3:30 pm and 5 pm, when the police (approximately 6000 police were reportedly deployed at the gathering) were approached to be informed that the crowd would be dispersing, the police allegedly fired tear gas and water at those gathered.
People were arrested from the early afternoon at various points. Police were seen arresting people at toll-booths and being dragged out of their cars. Police officers were also allegedly puncturing tyres, smashing cars and car lights and one windscreen of car parked near the gathering was smashed by a tear-gas canister.
In the run-up to these events, it is noted that on 4th November 2000, six people were arrested, the day before the "Gathering of 100,000 Citizens":1) Mohd. Johari bin Yasim - Youth Leader of Parti KeADILan Nasional - Shah Alam Division, 2) Zaidi Yusof - Executive member of the Youth Movement of Selangor Parti KeADILan Nasional, 3) Nik Ismail Mohd. Ros - Selangor Youth Secretary - Parti KeADILan Nasional, 4) Abu Bakar - Reformist Activist, 5) Norazimah Mohd. Nor - Reformist Activist (Female) (previously arrested on 4th August 2000 - See MYS 040800), 6) Hairi - Reformist Activist
All the six were arrested around 5.30pm. by a team lead by the Deputy Chief Police Officer (CPO) of Selangor. The men are said to be detained at the Port Klang police station, whereas Norazimah is said to be detained at the women's lockup at Kapar police station.
Action requested
Please write to the authorities in Malaysia urging them to:
take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons and 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;
guarantee immediate access to medical care;
order a thorough and impartial investigation into the circumstances of these arrests and allegations of ill-treatment in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
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
Geneva, November 7, 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up to Case MYS 061100
Geneva, 7 November 2000.
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Malaysia.
New information
The International Secretariat of OMCT has received information confirming the arrest of 6 persons on 4 November 2000 and 120 persons (117 men and 4 women) on 5 November 2000.
According to the information received, on 6 November 2000, all 126 persons arrested in connection with the Sunday 5 November public assembly over the weekend in Klang, were brought before the Magistrate by the police for an application for extension of remand for the purposes of completing investigations under section 117 of the Criminal Procedure Code.
A total of 26 persons complained the Magistrate that they had suffered injuries caused by the police during their arrests. These injuries ranged from broken ribs, deep cuts on the head and body, to swellings and aberrations. One of the detainees is currently in hospital.
About 40 detainees reportedly complained that, following their arrest, they were placed in the 'Black Maria'. There, they were subjected to three incidents of fumes being sprayed which caused their eyes and head to hurt. These persons also alleged that they were detained in the 'Black Maria' for about 3 hours in very cramped conditions, with the flaps closed, making it difficult to breathe.
Reports also indicate that not all injured during their arrest/detention were taken to hospital for medical attention. According to the information received, about 10 people are injured due to the violent assault of police and need immediate medical treatment. There are another 40 detainees who are in serious pain as a result of being tear gassed during the demonstration. One person is reported to have lost their eyesight. Others complained that they had not received medication.
One woman, Nora, 25 years, complained to the magistrate that she was asked to strip naked at the Kapar Police Lock-up, and was then asked to do 10 “ketuk Ketapis” (hold ears, squat and stand) by a woman officer in the lock-up.
It is noted that, although the police can hold a suspect for only 24 hours after arrest, in many cases, this 24 hours had lapsed before they were brought before the Magistrate for the remand application. Furthermore, not one statement had been taken during the period since the arrest until the remand application.
It is further reported that the police intimidated lawyers representing the detainees and family members through a heavy presence and by chasing them away from outside the Port Klang Police Station. Families were also denied their right to send food to those detained. The 10 lawyers who came to represent those arrested were kept waiting outside the gate in the hot sun and only two were eventually allowed in. The Magistrate only allowed 15 minutes for the lawyers to get instructions from their clients.
See Case MYS 061100 for a list of some of those arrested.
Brief reminder of the situation
The International Secretariat of OMCT was informed of the arrest of 122 people, including 4 women and 1 child, many of them sustaining injuries caused by the police, during a gathering called by reformists and opposition at Jalan Kebun, Bandaraya Shah Alam on 5th November 2000.
According to the information received, following speeches given by opposition leaders on the highway between 3:30 pm and 5 pm, when the police (approximately 6000 police were reportedly deployed at the gathering) were approached to be informed that the crowd would be dispersing, the police allegedly fired tear gas and water at those gathered.
People were arrested from the early afternoon at various points. Police were seen arresting people at toll-booths and being dragged out of their cars. Police officers were also allegedly puncturing tyres, smashing cars and car lights and one windscreen of car parked near the gathering was smashed by a tear-gas canister.
In the run-up to these events, it is noted that on 4th November 2000, six people were arrested, the day before the "Gathering of 100,000 Citizens":1) Mohd. Johari bin Yasim - Youth Leader of Parti KeADILan Nasional - Shah Alam Division, 2) Zaidi Yusof - Executive member of the Youth Movement of Selangor Parti KeADILan Nasional, 3) Nik Ismail Mohd. Ros - Selangor Youth Secretary - Parti KeADILan Nasional, 4) Abu Bakar - Reformist Activist, 5) Norazimah Mohd. Nor - Reformist Activist (Female) (previously arrested on 4th August 2000 - See MYS 040800), 6) Hairi - Reformist Activist
All the six were arrested around 5.30pm. by a team lead by the Deputy Chief Police Officer (CPO) of Selangor. The men are said to be detained at the Port Klang police station, whereas Norazimah is said to be detained at the women's lockup at Kapar police station.
Action requested
Please write to the authorities in Malaysia urging them to:
take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons and 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;
guarantee immediate access to medical care;
order a thorough and impartial investigation into the circumstances of these arrests and allegations of ill-treatment in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
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
Geneva, November 7, 2000
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.