Malaysia
17.04.02
Urgent Interventions
Malaysia: Hunger strikes being held by six ISA detainees and around 12 supporters
Case MYS 110401.9
Follow-up of Case MYS 110401
Hunger strikes being held by six ISA detainees and their supporters
Geneva, April 17th, 2002
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 the Asian Human Rights Commission and SUARAM, that six reformist activists currently being held under the Internal Security Act (ISA) have engaged in hunger strikes, which begun on April 10th, 2002, in protest against their continuing detention without trial. According to the information received, the six activitists: Keadilan leaders, Mr. Mohd. Ezam Mohd Noor (Head of National Youth-NY), Mr. Chua Tian Chang (NY vice-president), Mr. Lokman Noor Adam (Executive Secretary of Youth Wing, NJP), Saari Sungip (former Jemaah Islamiah Malysian president), Mr. Hishamuddin Rais (freelance journalist/film-maker), and Dr. Badrul Amin Bharom (National Youth Exco of the National Justice Party - NJP), were detained last year for their alleged participation in a plot to overthrow the government, and were sentenced on June, 2001 to two years of imprisonment at the Kamunting Detention Centre in Perak, without having had recourse to a trial,.
According to the information received, on April 5th, 2002, the six activists, together with some 12 relatives and supporters, threatened to hold a hunger strike on the first anniversary of their arrest, if their demands, which were released in a signed statement by the chairman of the ISA Abolishment Movement, Zaid Kamaruddin, were not met. The six detainees were calling for their immediate release and that the former deputy Prime Minister Anwar Ibrahim, who was sentenced to 15 years imprisonment on charges of corruption and sodomy, and who is currently suffering from severe back problems, be allowed to undergo spinal surgery abroad.
According to the information received, the six detainees are experiencing health problems in connection with the hunger strike, are not receiving adequate medical attention and are being denied access to their medical records. The prisoners have reportedly lost weight, and are extremely weak. Dr. Badrul Amin Bharom’s condition is especially alarming, as, despite the fact that he is suffering from high blood pressure, he has been refused admission to the hospital. On April 12th, 2002, Dr. Santhindran, a specialist from Taiping Hospital, reportedly required that Dr. Badrul Amin Bharom stay at the hospital for observation, due to the serious nature of his condition, but two hours later, the camp authorities denied that this request had been made. Following this event, the other five detainees declared that from April 15th, 2002, they would refuse water, until Dr. Badrul Amin Bharom, who is now reportedly suffering from a high fever, was admitted to the hospital, and it is feared that if this action is continued, the activists may die within three days. It has also been reported on April 15th, Anwar Ibrahim began a total hunger stike of his own, including the refusal of water and medication for his back problem, in order to demonstrate solidarity and sympathy to his supporters. On April 16th he was reportedly forced to abandon this action after having contracted the flu. Several supporters have reportedly collapsed as a result of their hunger strikes.
According the information received, since the hunger strike began, family members of the detainees have been intimidated and harassed by the authorities. Lawyers and personal doctors of the detainees have been denied access to their clients. The road that leads to the detention centre has reportedly been sealed off, only allowing family members to go through. Relatives of the prisoners have complained that they have been unnecessarily questioned and photographed repeatedly when visiting the prisoners. Dr. Badrul Amin has not seen his family because he has allegedly refused to see anyone until his doctor Dr. Musa, who came from Kuala Lumpur, was present. Two of the children of one of the activists were reportedly taken off the camp’s visiting list. A message sent by Tian Chua’s relatives, commemorating Black-14, was confiscated. The police threatened Cheah Kah Peng, one of the detainees’ lawyers, when he refused to leave the detention centre until he saw his clients. According to the report, demonstrators in favour of the six activists are also experiencing police harrasment.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the six afore-mentioned activists and their supporters, and in particular of Dr. Badrul Amin who is currently in a critical situation, and has been denied access to the hospital. OMCT also condemns the harassment to which the family members and supporters of the activists are being subjected and that the detainees have not been granted access to their lawyers and medicla assisitance. Furthermore, OMCT remains gravely concerned about the conditions of detention of all of the ISA detainees, including lengthy periods of solitary confinement. OMCT strongly condemns the ISA, notably the powers granted to the authorities under its auspices, which effectively legalise arbitrary arrests and incommunicado detention, in complete violation of the detainees’ basic human rights, and 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 rulings last year, which lead to several ISA detainees being released (see Urgent Appeal Case MYS 110401.2 on June 1st, 2001).
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 supress 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:
· take all necessary measures to guarantee the physical and psychological integrity of Mr. Mohd. Ezam Mohd Noor, Mr. Chua Tian Chang, Mr. Lokman Noor Adam, Saari Sungip, Mr. Hishamuddin Rais, Dr. Badrul Amin Bharom, and Mr. Anwar Ibrahim, and their supporters;
· guarantee their access to legal representation, their families and medical assistance;
· 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 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 Lampur, Malaysia, Fax : 603 242 50 43, Email : humanrights@humanrights.com.my
· Datuk Abdullah Ahmad Badawi, Home Minister, Jalan Dato Onn, 50502 Kuala Lampur, Malaysia, Fax : 603 230 10 51
· Tan Sri Norian Mai, Inspector General of Police, Ibupejabat Polis Dirija Malaysia, Bukit Aman, 50560 Kuala Lampur, Malaysia, Fax : 603 227 313 26
Please also write to the embassies of Malaysia in your respective country.
Geneva, April 17th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case MYS 110401
Hunger strikes being held by six ISA detainees and their supporters
Geneva, April 17th, 2002
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 the Asian Human Rights Commission and SUARAM, that six reformist activists currently being held under the Internal Security Act (ISA) have engaged in hunger strikes, which begun on April 10th, 2002, in protest against their continuing detention without trial. According to the information received, the six activitists: Keadilan leaders, Mr. Mohd. Ezam Mohd Noor (Head of National Youth-NY), Mr. Chua Tian Chang (NY vice-president), Mr. Lokman Noor Adam (Executive Secretary of Youth Wing, NJP), Saari Sungip (former Jemaah Islamiah Malysian president), Mr. Hishamuddin Rais (freelance journalist/film-maker), and Dr. Badrul Amin Bharom (National Youth Exco of the National Justice Party - NJP), were detained last year for their alleged participation in a plot to overthrow the government, and were sentenced on June, 2001 to two years of imprisonment at the Kamunting Detention Centre in Perak, without having had recourse to a trial,.
According to the information received, on April 5th, 2002, the six activists, together with some 12 relatives and supporters, threatened to hold a hunger strike on the first anniversary of their arrest, if their demands, which were released in a signed statement by the chairman of the ISA Abolishment Movement, Zaid Kamaruddin, were not met. The six detainees were calling for their immediate release and that the former deputy Prime Minister Anwar Ibrahim, who was sentenced to 15 years imprisonment on charges of corruption and sodomy, and who is currently suffering from severe back problems, be allowed to undergo spinal surgery abroad.
According to the information received, the six detainees are experiencing health problems in connection with the hunger strike, are not receiving adequate medical attention and are being denied access to their medical records. The prisoners have reportedly lost weight, and are extremely weak. Dr. Badrul Amin Bharom’s condition is especially alarming, as, despite the fact that he is suffering from high blood pressure, he has been refused admission to the hospital. On April 12th, 2002, Dr. Santhindran, a specialist from Taiping Hospital, reportedly required that Dr. Badrul Amin Bharom stay at the hospital for observation, due to the serious nature of his condition, but two hours later, the camp authorities denied that this request had been made. Following this event, the other five detainees declared that from April 15th, 2002, they would refuse water, until Dr. Badrul Amin Bharom, who is now reportedly suffering from a high fever, was admitted to the hospital, and it is feared that if this action is continued, the activists may die within three days. It has also been reported on April 15th, Anwar Ibrahim began a total hunger stike of his own, including the refusal of water and medication for his back problem, in order to demonstrate solidarity and sympathy to his supporters. On April 16th he was reportedly forced to abandon this action after having contracted the flu. Several supporters have reportedly collapsed as a result of their hunger strikes.
According the information received, since the hunger strike began, family members of the detainees have been intimidated and harassed by the authorities. Lawyers and personal doctors of the detainees have been denied access to their clients. The road that leads to the detention centre has reportedly been sealed off, only allowing family members to go through. Relatives of the prisoners have complained that they have been unnecessarily questioned and photographed repeatedly when visiting the prisoners. Dr. Badrul Amin has not seen his family because he has allegedly refused to see anyone until his doctor Dr. Musa, who came from Kuala Lumpur, was present. Two of the children of one of the activists were reportedly taken off the camp’s visiting list. A message sent by Tian Chua’s relatives, commemorating Black-14, was confiscated. The police threatened Cheah Kah Peng, one of the detainees’ lawyers, when he refused to leave the detention centre until he saw his clients. According to the report, demonstrators in favour of the six activists are also experiencing police harrasment.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the six afore-mentioned activists and their supporters, and in particular of Dr. Badrul Amin who is currently in a critical situation, and has been denied access to the hospital. OMCT also condemns the harassment to which the family members and supporters of the activists are being subjected and that the detainees have not been granted access to their lawyers and medicla assisitance. Furthermore, OMCT remains gravely concerned about the conditions of detention of all of the ISA detainees, including lengthy periods of solitary confinement. OMCT strongly condemns the ISA, notably the powers granted to the authorities under its auspices, which effectively legalise arbitrary arrests and incommunicado detention, in complete violation of the detainees’ basic human rights, and 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 rulings last year, which lead to several ISA detainees being released (see Urgent Appeal Case MYS 110401.2 on June 1st, 2001).
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 supress 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:
· take all necessary measures to guarantee the physical and psychological integrity of Mr. Mohd. Ezam Mohd Noor, Mr. Chua Tian Chang, Mr. Lokman Noor Adam, Saari Sungip, Mr. Hishamuddin Rais, Dr. Badrul Amin Bharom, and Mr. Anwar Ibrahim, and their supporters;
· guarantee their access to legal representation, their families and medical assistance;
· 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 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 Lampur, Malaysia, Fax : 603 242 50 43, Email : humanrights@humanrights.com.my
· Datuk Abdullah Ahmad Badawi, Home Minister, Jalan Dato Onn, 50502 Kuala Lampur, Malaysia, Fax : 603 230 10 51
· Tan Sri Norian Mai, Inspector General of Police, Ibupejabat Polis Dirija Malaysia, Bukit Aman, 50560 Kuala Lampur, Malaysia, Fax : 603 227 313 26
Please also write to the embassies of Malaysia in your respective country.
Geneva, April 17th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.