Malaysia
05.11.01
Urgent Interventions
Malaysia: release of Dr. Badrul Amin from the Kamunting Detention Camp
Case MYS 110401.6
Sixth follow up of Case MYS 110401
Release/Arbitrary detention/Fair trial
The International Secretariat of OMCT has received new information in the following situation in Malaysia.
New information:
The International Secretariat of OMCT has been informed by a reliable source of the release of Dr. Badrul Amin from the Kamunting Detention Camp in Malaysia.
According to the information received, the Keadilan leader, Dr. Badrul Amin Baharom was released November 3rd, 2001, from the Kamunting Detention Camp after having been sentenced to a two year detention order June 13th under the ISA. The day of his release marked the 287th day of his detainment.
According to the information received, an officer at the Kamunting Detention Camp phoned the family of Dr. Badrul Amin to announce his release, but gave no reason as to why he was being discharged. Dr. Badrul Amin had been detained together with nine other Keadilan and reformasi activists under the ISA in April for alleged involvement in a militant attempt to overthrow the government (See Urgent Appeal Case MYS 110401).
Currently, Lokman Nor Adam is still in custody. Tian Chua Chang, Haji Saari Sungip, Ezam, Mohd Nor and Hishamuddin Rais are still in detention, having been sentenced without trial to two years of imprisonment at the Kamunting Detention Center. Their recent Habeus Corpus appeal had been rejected.
The International Secretariat of OMCT welcomes the release of Dr. Badrul Amin, but is gravely concerned for the physical and psychological integrity of Lokman Nor Adam, Tian Chua Chang, Haji Saari Sungip, Ezam Mohd Nor and Hishamuddin Rais, and urges the Malaysian authorites to reconsider the ISA, as suggested by Shah Alam, High Court Judge and Justice Mohd Hishamudin Mohd Yunus. Furthermore, OMCT remains gravely concerned about the conditions of detention of the ISA detainees, especially the lack of access to legal representation, lengthy periods of solitary confinement, and notably the powers granted to the authorities under the ISA, which effectively legalise arbitrary arrests and incommunicado detention, in complete violation of the detainess’ basic human rights.
Brief reminder of the situation
Since 10 April, 2001, the Malaysian authorities have arbitrarily arrested and detained incommunicado altogether ten pro-reform activists under the Internal Security Act (ISA). In the meantime, five have been released, but another five still remain in detention, viz., Lokman Nor Adams; Mr. Chua Tian Chang; Mr. Haji Saari Sungip; Mr. Ezam Mohd Noor, and Mr. Hishamuddin Rais.
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:
i. take all necessary measures to guarantee the physical and psychological integrity of Lokman Nor Adam, Tian Chua Chang, Haji Saari Sungip, Ezam Mohd Nor and Hishamuddin Rais;
ii. intervene with the appropriate authorities in order to secure that those detained be allowed to meet with their relatives and/or lawyers;
iii. 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;
iv. 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, November 5, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Sixth follow up of Case MYS 110401
Release/Arbitrary detention/Fair trial
The International Secretariat of OMCT has received new information in the following situation in Malaysia.
New information:
The International Secretariat of OMCT has been informed by a reliable source of the release of Dr. Badrul Amin from the Kamunting Detention Camp in Malaysia.
According to the information received, the Keadilan leader, Dr. Badrul Amin Baharom was released November 3rd, 2001, from the Kamunting Detention Camp after having been sentenced to a two year detention order June 13th under the ISA. The day of his release marked the 287th day of his detainment.
According to the information received, an officer at the Kamunting Detention Camp phoned the family of Dr. Badrul Amin to announce his release, but gave no reason as to why he was being discharged. Dr. Badrul Amin had been detained together with nine other Keadilan and reformasi activists under the ISA in April for alleged involvement in a militant attempt to overthrow the government (See Urgent Appeal Case MYS 110401).
Currently, Lokman Nor Adam is still in custody. Tian Chua Chang, Haji Saari Sungip, Ezam, Mohd Nor and Hishamuddin Rais are still in detention, having been sentenced without trial to two years of imprisonment at the Kamunting Detention Center. Their recent Habeus Corpus appeal had been rejected.
The International Secretariat of OMCT welcomes the release of Dr. Badrul Amin, but is gravely concerned for the physical and psychological integrity of Lokman Nor Adam, Tian Chua Chang, Haji Saari Sungip, Ezam Mohd Nor and Hishamuddin Rais, and urges the Malaysian authorites to reconsider the ISA, as suggested by Shah Alam, High Court Judge and Justice Mohd Hishamudin Mohd Yunus. Furthermore, OMCT remains gravely concerned about the conditions of detention of the ISA detainees, especially the lack of access to legal representation, lengthy periods of solitary confinement, and notably the powers granted to the authorities under the ISA, which effectively legalise arbitrary arrests and incommunicado detention, in complete violation of the detainess’ basic human rights.
Brief reminder of the situation
Since 10 April, 2001, the Malaysian authorities have arbitrarily arrested and detained incommunicado altogether ten pro-reform activists under the Internal Security Act (ISA). In the meantime, five have been released, but another five still remain in detention, viz., Lokman Nor Adams; Mr. Chua Tian Chang; Mr. Haji Saari Sungip; Mr. Ezam Mohd Noor, and Mr. Hishamuddin Rais.
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:
i. take all necessary measures to guarantee the physical and psychological integrity of Lokman Nor Adam, Tian Chua Chang, Haji Saari Sungip, Ezam Mohd Nor and Hishamuddin Rais;
ii. intervene with the appropriate authorities in order to secure that those detained be allowed to meet with their relatives and/or lawyers;
iii. 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;
iv. 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, November 5, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.