Malaysia
31.07.01
Urgent Interventions

Malaysia: release of 37 demonstrators

Case MYS 160701.1
Follow-up of Case MYS 160701

Geneva, July 31st, 2001

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 a reliable source of the release on July 16th of 37 demonstrators, including 10 women and 31 men, who were being held by the Malaysian police under the Police Act, Section 27 (5), having been arrested on 15 July 2001. The police also released four children that had been arrested along with the 37 adults, later on during July 15th. They were arrested during a peaceful demonstration being held to commemorate the 100th day of detention of the political and reform activists being held under the Internal Security Act (ISA).

According to the information received, the four children were released later on during the day of their arrest, but the 37 adults were only released on police bail - amounting to RM 1000 - each in the afternoon of July 16th. They have been charged with illegal assembly, and hearings are scheduled at the Taiping Magistrate Court on October 4th and 5th concerning their case. It is worth noting that the 41 persons were arrested under the Police Act, Section 27 (5), rather than under the ISA, as stated in the original appeal, although they were protesting against the ISA at the time of their arrest.

According to the information received, Aliza Jaafar, the wife of ISA detainee Hj. Saari Sungib, (see Urgent Appeal Case MYS 110401) was one of those being detained. The detainees’ names are as follows:

Mohd Zariddin, Sulaiman bin Meor Abdul Rahman, Ahmad Sazli bin Saad, Zuraini bte Abdullah (woman), Keh Sue Yek, Rosdi bin Mohd, Osman bin Mohd, Azmi bin Ashim, Norleta bte Baharin (woman), Rahman bte Yatin (woman), Mohd Zarin Kairy bin Zainuddin, Mohd Zainur bin Osman, Aliza bte Jaafar (woman), Normah bte Che Mat (woman), Siti aminah bte Mat (woman), Ahmad Tarmizi bin Abdullah, Seok Loy, Kassim bin Yahya, Abdul Majid bin Ahmad, Redzuan bin Abdul Samad, Baharuddin bin Abdullah, Mior Johor bin Mior Abu Bakar, Mat Zahudi bin Mohd Nor, Saharuddin bin Rasak, Tajul Arifin bin Mohd Yusof, Mohd Saifianuddin bin Mohd salleh (child – age unknown), Mohd Akhir bin Arifin, Zul Helmi bin Yahya, Mohd Azam bin Mekhtar, Mohd Lokman bin Mohd Ali, Noraini bte Mohtar (woman), Norashikin bte Baharin (14 years old), Ahmad Shahrani bin Che Azmi, Abdul Rahman bin Mohd Nor (16 years old), Atipah bte Uri (woman), Mohd Kamis bin Abdullah, Mohd Jallaludin bin Mohd Taib, Mamor bin Yahaya, Mohd Shuib bin Ismail, Abdul Ghani bin abu Yamin, Rohaida Ayu bte Arifin (15 years old).

Brief reminder of the situation

The International Secretariat of OMCT has been informed by a reliable source of the arrest by the Malaysian police of 41 demonstrators, including 10 women and 31 men, under the Police Act, Section 27, on 15 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, who were then held at Taiping police station. Eyewitness accounts alleged that people were beaten with batons and dragged away into police trucks. The 41 detainees were reportedly arrested for “illegal assembly,” and were to be brought before a magistrate within 24 hours.

The ISA has been frequently used since its enactment in 1960 by the Malaysian authorities, in order to arrest and effectively indefinitely detain human rights and oppostition 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 of Home Affairs, meaning that the person can effectively be detained indefinitely without a trial.

Remarks

OMCT wishes to thank all those institutions, organisations and individuals who intervened on the detainees’ behalf.

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. bring them before an impartial and competent tribunal and guarantee that their procedural rights are respected 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.

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 31st, 2001

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.