Malaysia
03.10.02
Urgent Interventions
Malaysia: Home Minister's arbitrary decision not to release ISA detainees
Case MYS 110401.10
Follow-up of Case MYS 110401
Arbitrary detention / Fair trial
Geneva, October 3rd, 2002
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 Suaram, a member of the OMCT network, of the decision by Malaysian Home Minister Datuk Abdullah Badawi not to release the activists being detained by the authorities under the draconian Internal Security Act, despite a recent decision by the Federal Court that their initial detention was illegal.
According to the information received, Home Minister Datuk Abdullah Badawi announced his decision not to release “reformasi”activists Tian Chua, Hishamuddin Rais, Mohamad Ezam Mohd Noor and Saari Sungib from detention under the Internal Security Act, and this despite a ruling by the Federal Court that the first 60 days of their detention under section 73 of the ISA was illegal. On September 6th, 2002, Justice Tun Mohamad Dzaiddin Abdullah stated that "their arrest and detention was not for the dominant purpose of Section 73 to enable the police to conduct further investigation regarding the appellants acts and conduct which are prejudicial to the security of Malaysia, but merely for intelligence gathering which is unconnected with national security." He added that, “clearly, from the affidavits which I highlighted above, the questions that were asked were more on the appellants' political activities and for intelligence gathering."
Furthermore, Judge Steve Shim Lip Kiong in his judgement also stated that, "as I have said before, on the basis of the affidavits filed by the respondent, there is nothing to indicate or suggest of the detaining authority's reason to believe in terms of Section 73(1)(b), which stipulates that “any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe that he has acted or is about to act or is likely to act in any manner prejudice to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof”."
The activists were arrested on April 10th, 2001, for their alleged participation in a plot to overthrow the government, since which time another of the initial group of detainees, Raja Petra Kamaruddin, has been released. Mohd Ezam Mohd Noor was convicted in August under the Official Secrets Act and is serving a two-year jail term in Kajang Prison, and the Federal Court has stated that its latest ruling does not apply to his current sentence or the renewable two-year jail terms which the afore-mentioned persons are serving under section 8(1) of the ISA under, without having been brought to trial. On April 20th, 2001 Badrul Amin Bahron and Lokman Noor Adam were also arrested under the ISA and have habeas corpus appeals pending before the court, in which they are currently also seeking for a their initial detention periods to be ruled as having been illegal.
According to the information received, there are no valid legal grounds for their detention. The Home Minister claimed that there were valid reasons for their detention in relation to national security, which openly runs contrary to the Federal Court judgement, but has failed to provide any supporting evidence.
Separately, on the night of October 1st, 2002, the Malaysian police reportedly used violence to seal off the Selangor Chinese Assembly Hall in Kuala Lumpur, where the Abolish ISA Movement was launching its "Mala-Fide Campaign," calling for the release of all “reformasi” activists being detained under the ISA and to protest against the Home Minister's decision. In a standoff between more than 100 police officers accompanied by around 30 members of the Federal Reserve Unit (FRU) and some 300 campaigners, more than 10 people suffered minor injuries.
According to the information received, acting Police Chief Dell Akbar Khan reportedly claimed that it was the "right and prerogative" of the police to seal off the hall. Dell, who arrived about an hour after the crowd had dispersed, explained to reporters that the police had to stop the event because the organisers had called on "all Malaysians" to participate. He said police were worried that the situation would get out of control. He was responding to questions linked to the campaigners' right to organise the activity within their own building, which are private premises. The Human Rights Commission of Malaysia (Suhakam) today criticised the police for employing strong measures to stop the anti-Internal Security Act meeting. Commissioner Prof. Hamdan said the police should have allowed the event to carry on if it was held on private property and did not hinder the public in any way.
The International Secretariat of OMCT is gravely concerned about the Home Minister's decision not to release the “reformasi” activists in question, despite the ruling that their initial detention for a period of 60 days under the ISA was illegal, as this gravely undermines the status of Malaysia's courts and is a violation of the detainees’ fundamental rights. OMCT is also gravely concerned by the authorities forceful dispersal of the peaceful demonstration in Kuala Lumpur. Finally, OMCT reiterates its call for the authorities to abolish the ISA.
Brief reminder of the situation
The ISA has been frequently used since its enactment in 1960 by the Malaysian authorities, in order to arrest and indefinitely detain human rights and opposition campaigners. The ISA reportedly allows the authorities to arbitrarily arrest, detain incommunicado and interrogate activists, without granting them access to legal counsel or family visits for up 60 days, and without conducting a trial for a period of up to two years. This period is, however, renewable by the Minister for Home Affairs, meaning that the person can effectively be detained indefinitely without a trial. The ISA violates the detainee's rights to access to legal counsel, family visits and a fair trial and is often used to suppress the person's rights of expression and to demonstration. Detainees 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, and are allegedly often used to extract false signed confessions from the detainees.
Action requested:
Please write to the authorities in Malaysia urging them to:
i. order the “reformasi” activists being detained under the ISA's 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;
ii. guarantee an immediate investigation into their arrests and detention, and the reported ill-treatment to which they have been subjected, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
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:
· 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
· Datuk Abdullah Ahmad Badawi, Home Minister, Aras 13, Block D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 652020 Putrajaya, Selangor, Malaysia, Fax: +603 8886 8014
Please also write to the embassies of Malaysia in your respective country.
Geneva, October 3rd, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case MYS 110401
Arbitrary detention / Fair trial
Geneva, October 3rd, 2002
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 Suaram, a member of the OMCT network, of the decision by Malaysian Home Minister Datuk Abdullah Badawi not to release the activists being detained by the authorities under the draconian Internal Security Act, despite a recent decision by the Federal Court that their initial detention was illegal.
According to the information received, Home Minister Datuk Abdullah Badawi announced his decision not to release “reformasi”activists Tian Chua, Hishamuddin Rais, Mohamad Ezam Mohd Noor and Saari Sungib from detention under the Internal Security Act, and this despite a ruling by the Federal Court that the first 60 days of their detention under section 73 of the ISA was illegal. On September 6th, 2002, Justice Tun Mohamad Dzaiddin Abdullah stated that "their arrest and detention was not for the dominant purpose of Section 73 to enable the police to conduct further investigation regarding the appellants acts and conduct which are prejudicial to the security of Malaysia, but merely for intelligence gathering which is unconnected with national security." He added that, “clearly, from the affidavits which I highlighted above, the questions that were asked were more on the appellants' political activities and for intelligence gathering."
Furthermore, Judge Steve Shim Lip Kiong in his judgement also stated that, "as I have said before, on the basis of the affidavits filed by the respondent, there is nothing to indicate or suggest of the detaining authority's reason to believe in terms of Section 73(1)(b), which stipulates that “any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe that he has acted or is about to act or is likely to act in any manner prejudice to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof”."
The activists were arrested on April 10th, 2001, for their alleged participation in a plot to overthrow the government, since which time another of the initial group of detainees, Raja Petra Kamaruddin, has been released. Mohd Ezam Mohd Noor was convicted in August under the Official Secrets Act and is serving a two-year jail term in Kajang Prison, and the Federal Court has stated that its latest ruling does not apply to his current sentence or the renewable two-year jail terms which the afore-mentioned persons are serving under section 8(1) of the ISA under, without having been brought to trial. On April 20th, 2001 Badrul Amin Bahron and Lokman Noor Adam were also arrested under the ISA and have habeas corpus appeals pending before the court, in which they are currently also seeking for a their initial detention periods to be ruled as having been illegal.
According to the information received, there are no valid legal grounds for their detention. The Home Minister claimed that there were valid reasons for their detention in relation to national security, which openly runs contrary to the Federal Court judgement, but has failed to provide any supporting evidence.
Separately, on the night of October 1st, 2002, the Malaysian police reportedly used violence to seal off the Selangor Chinese Assembly Hall in Kuala Lumpur, where the Abolish ISA Movement was launching its "Mala-Fide Campaign," calling for the release of all “reformasi” activists being detained under the ISA and to protest against the Home Minister's decision. In a standoff between more than 100 police officers accompanied by around 30 members of the Federal Reserve Unit (FRU) and some 300 campaigners, more than 10 people suffered minor injuries.
According to the information received, acting Police Chief Dell Akbar Khan reportedly claimed that it was the "right and prerogative" of the police to seal off the hall. Dell, who arrived about an hour after the crowd had dispersed, explained to reporters that the police had to stop the event because the organisers had called on "all Malaysians" to participate. He said police were worried that the situation would get out of control. He was responding to questions linked to the campaigners' right to organise the activity within their own building, which are private premises. The Human Rights Commission of Malaysia (Suhakam) today criticised the police for employing strong measures to stop the anti-Internal Security Act meeting. Commissioner Prof. Hamdan said the police should have allowed the event to carry on if it was held on private property and did not hinder the public in any way.
The International Secretariat of OMCT is gravely concerned about the Home Minister's decision not to release the “reformasi” activists in question, despite the ruling that their initial detention for a period of 60 days under the ISA was illegal, as this gravely undermines the status of Malaysia's courts and is a violation of the detainees’ fundamental rights. OMCT is also gravely concerned by the authorities forceful dispersal of the peaceful demonstration in Kuala Lumpur. Finally, OMCT reiterates its call for the authorities to abolish the ISA.
Brief reminder of the situation
The ISA has been frequently used since its enactment in 1960 by the Malaysian authorities, in order to arrest and indefinitely detain human rights and opposition campaigners. The ISA reportedly allows the authorities to arbitrarily arrest, detain incommunicado and interrogate activists, without granting them access to legal counsel or family visits for up 60 days, and without conducting a trial for a period of up to two years. This period is, however, renewable by the Minister for Home Affairs, meaning that the person can effectively be detained indefinitely without a trial. The ISA violates the detainee's rights to access to legal counsel, family visits and a fair trial and is often used to suppress the person's rights of expression and to demonstration. Detainees 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, and are allegedly often used to extract false signed confessions from the detainees.
Action requested:
Please write to the authorities in Malaysia urging them to:
i. order the “reformasi” activists being detained under the ISA's 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;
ii. guarantee an immediate investigation into their arrests and detention, and the reported ill-treatment to which they have been subjected, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
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:
· 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
· Datuk Abdullah Ahmad Badawi, Home Minister, Aras 13, Block D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 652020 Putrajaya, Selangor, Malaysia, Fax: +603 8886 8014
Please also write to the embassies of Malaysia in your respective country.
Geneva, October 3rd, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.