Malaysia
27.05.02
Urgent Interventions
Malaysia: the 17 demonstrators arrested on May 1st, 2002 have been released on police bail
Case MYS 030502.1
Follow-up to case MYS 030502
Arbitrary arrests/Attacks/Release/Ill-treatment
Geneva, May 27th, 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 SUARAM, that the 17 demonstrators arrested on May 1st, 2002 have been released on police bail.
According to the information received, on May 2nd, 2002, the May Day marchers were released on police bail after having been held overnight, although no charges had been brought against them. The detainees were told to report back to the Dang Wangi district police headquarters on May 16th, 2002, in order to find out whether they will face any legal action, however on that date they were notified that their bail would be extended until June 15th, 2002. The detainees’ identities and affiliations are as follows: Alaigal: 1. Mohanarani (woman), 2. Dr. Kumar Devaraj, 3. Nathan. Livestock Committee Bukit Tinggi Estate: 4. A. Devindran (Chairperson). Party Sosialis Malaysia: 5. Dr. Nasir Hashim (President), 6. V. Selvam (Central Committee; Indah Water Union Executive Secretary), 7. K. Ramasamy (Chairperson Subang branch). Plantation Workers Support Committee: 8. Sivami Subramaniam, 9. Sevan Doraisamy, 10. Vankat Rao Naidu, 11. Eswaran Sengalrayan, 12. Ravi Chandran Muniandy. SUARAM: 13. S. Arutchelvan (Coordinator), 14. Choo Shin Chei (member). WIMTECH: 15. Lee Siew Hwa (woman), 16. Shaharuddin Adnan (video documentator), 17. Abdul Rahman Abdul Aziz (pedestrian).
It appears that the un-named child who had reportedly been arrested during the demonstration was not detained for any length of time, although reports concerning his situation remain unclear. Several children were however intimidated by the police during the demonstration. The police reportedly pulled them forcibly from the crowd and interrogated them, asking their names, addresses, schools, etc. According to the information received, the two women detainees complained about the conditions of their detention at the Wangsa Maju police station in Kuala Lumpur, since they had been held in a 10 by 8 feet cell with 23 other women - who reportedly were all migrant workers - and there was poor ventilation and inadequate toilet facilities.
According to the report on May 1st, 2002, around 4 p.m., Mr. T. Mohan, Mr. Saravanan, and Mr. Ramu were arrested after attempting to bring food to the police station for the 17 detainees who had been arrested during the demonstration. On May 14th, Mr. T. Mohan and Mr. Saravanan were charged under Section 90 of the Police Act for “disorderly conduct in the police station” at the Kuala Lumpur magistrate court. The three men were accused of shouting that the police was cruel because it did not give food to those detained. Magistrate Syafeera bt. Mohd. Said ordered a bail of RM 1,500, which is triple the maximum bail for this offence. Mr. Ramu was not charged and has been released.
According to the information received, on May 16th, 2002, a crowd of around 50 people gathered in front of the police station in support of the 17 demonstrators who had to report as requested. The police reportedly attacked the assembled crowd after they showed a reportedly harmless red banner with inscriptions on it. The police first attempted to grab the banner, but were prevented by the crowd, however when the banner was shown again for a group photo the police reportedly attacked the assembled group using canes, and beat the demonstrators. The banner was eventually handed to the police, but two people had been arrested, 49-year old Regina from Ladang Strashila, Ipoh, and S. Eswaran, an activist from Seremban. At least seven people were injured during the attack. Vijayagandhi, an activist from Seremban, was reportedly beaten up by a plainclothes policeman while he was being held by two other policemen. The majority of the victims were women. A woman leader was reportedly pulled by the hair, and a number of them have bruises and swellings as a result of the violence inflicted on them. The two people who had been arrested were reportedly treated abusively in the station, and were released later that day.
According to the report, police official Supt. Jamshah met with a delegation of social activists and opposition party officials, who briefed him on ploice excesses during the afore-mentioned events, following which he declared that an investigation into these events would be carried out by a impartial team and not by the Dang Wangi police. The May 16th attack was also reportedly led by Dang Wangi District’s Chief Police Officer, Bakri Zinin, who had been responsible for the May 1st incident. More than 45 complaints have been filed against him by community groups following the May Day demonstration’s repression.
While the International Secretariat of OMCT welcomes the investigation into the aforementioned events, it remains gravely concerned that the Malaysian authorities will continue to harass the peaceful demonstrators and may even re-arrest some of their number when they report back to the Dang Wangi district police headquarters on May 16th, 2002. OMCT is also concerned about the Malaysian authorities’ use of force against the peaceful May Day demonstration and against the people assembled in front of Dang Wangi police station on May 16th, 2002, where in both cases a number of persons were reportedly injured. These events also represent violations of these persons’ rights to the freedoms of opinion and association. OMCT is also gravely concerned about the arrests of the afore-mentioned persons, and the ill-treatment to which they have been subjected during arrest and subsequent detention. OMCT calls on the Malaysian authorities to immediately halt the harassment of members of the opposition. Furthermore, OMCT calls for Chief Police Officer Bakri Zinin to be brought to justice for the human rights violation that he ordered during these events.
Brief reminder of the situation
According to the information received, on May 1st, 2002, the police violently dispersed a peaceful demonstration of workers that began in Chow Kit and was scheduled to end in Kuala Lumpur City Centre (KLCC Twin Towers). After the demonstrators had walked for approximately 1.5 km, a group of police officers from the Dang Wangi district attacked the assembled crowd without warning or provocation. Bakri Zinin, the officer in charge of Dang Wangi Police District OCPD, reportedly led the assault, and attacked the negotiators who were present at the front of the march. By 12:30 p.m. the police had arbitrarily arrested 18 people, including an 8-year old boy.
Action requested
Please write to the authorities in Malaysia urging them to:
· ensure that the afore-mentioned persons will not be re-arrested 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;
· put an immediate end to the harassment of persons that are engaged in peaceful demonstrations;
· guarantee that all persons that were injured in these events will be afforded adequate reparation;
· 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, May 27th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up to case MYS 030502
Arbitrary arrests/Attacks/Release/Ill-treatment
Geneva, May 27th, 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 SUARAM, that the 17 demonstrators arrested on May 1st, 2002 have been released on police bail.
According to the information received, on May 2nd, 2002, the May Day marchers were released on police bail after having been held overnight, although no charges had been brought against them. The detainees were told to report back to the Dang Wangi district police headquarters on May 16th, 2002, in order to find out whether they will face any legal action, however on that date they were notified that their bail would be extended until June 15th, 2002. The detainees’ identities and affiliations are as follows: Alaigal: 1. Mohanarani (woman), 2. Dr. Kumar Devaraj, 3. Nathan. Livestock Committee Bukit Tinggi Estate: 4. A. Devindran (Chairperson). Party Sosialis Malaysia: 5. Dr. Nasir Hashim (President), 6. V. Selvam (Central Committee; Indah Water Union Executive Secretary), 7. K. Ramasamy (Chairperson Subang branch). Plantation Workers Support Committee: 8. Sivami Subramaniam, 9. Sevan Doraisamy, 10. Vankat Rao Naidu, 11. Eswaran Sengalrayan, 12. Ravi Chandran Muniandy. SUARAM: 13. S. Arutchelvan (Coordinator), 14. Choo Shin Chei (member). WIMTECH: 15. Lee Siew Hwa (woman), 16. Shaharuddin Adnan (video documentator), 17. Abdul Rahman Abdul Aziz (pedestrian).
It appears that the un-named child who had reportedly been arrested during the demonstration was not detained for any length of time, although reports concerning his situation remain unclear. Several children were however intimidated by the police during the demonstration. The police reportedly pulled them forcibly from the crowd and interrogated them, asking their names, addresses, schools, etc. According to the information received, the two women detainees complained about the conditions of their detention at the Wangsa Maju police station in Kuala Lumpur, since they had been held in a 10 by 8 feet cell with 23 other women - who reportedly were all migrant workers - and there was poor ventilation and inadequate toilet facilities.
According to the report on May 1st, 2002, around 4 p.m., Mr. T. Mohan, Mr. Saravanan, and Mr. Ramu were arrested after attempting to bring food to the police station for the 17 detainees who had been arrested during the demonstration. On May 14th, Mr. T. Mohan and Mr. Saravanan were charged under Section 90 of the Police Act for “disorderly conduct in the police station” at the Kuala Lumpur magistrate court. The three men were accused of shouting that the police was cruel because it did not give food to those detained. Magistrate Syafeera bt. Mohd. Said ordered a bail of RM 1,500, which is triple the maximum bail for this offence. Mr. Ramu was not charged and has been released.
According to the information received, on May 16th, 2002, a crowd of around 50 people gathered in front of the police station in support of the 17 demonstrators who had to report as requested. The police reportedly attacked the assembled crowd after they showed a reportedly harmless red banner with inscriptions on it. The police first attempted to grab the banner, but were prevented by the crowd, however when the banner was shown again for a group photo the police reportedly attacked the assembled group using canes, and beat the demonstrators. The banner was eventually handed to the police, but two people had been arrested, 49-year old Regina from Ladang Strashila, Ipoh, and S. Eswaran, an activist from Seremban. At least seven people were injured during the attack. Vijayagandhi, an activist from Seremban, was reportedly beaten up by a plainclothes policeman while he was being held by two other policemen. The majority of the victims were women. A woman leader was reportedly pulled by the hair, and a number of them have bruises and swellings as a result of the violence inflicted on them. The two people who had been arrested were reportedly treated abusively in the station, and were released later that day.
According to the report, police official Supt. Jamshah met with a delegation of social activists and opposition party officials, who briefed him on ploice excesses during the afore-mentioned events, following which he declared that an investigation into these events would be carried out by a impartial team and not by the Dang Wangi police. The May 16th attack was also reportedly led by Dang Wangi District’s Chief Police Officer, Bakri Zinin, who had been responsible for the May 1st incident. More than 45 complaints have been filed against him by community groups following the May Day demonstration’s repression.
While the International Secretariat of OMCT welcomes the investigation into the aforementioned events, it remains gravely concerned that the Malaysian authorities will continue to harass the peaceful demonstrators and may even re-arrest some of their number when they report back to the Dang Wangi district police headquarters on May 16th, 2002. OMCT is also concerned about the Malaysian authorities’ use of force against the peaceful May Day demonstration and against the people assembled in front of Dang Wangi police station on May 16th, 2002, where in both cases a number of persons were reportedly injured. These events also represent violations of these persons’ rights to the freedoms of opinion and association. OMCT is also gravely concerned about the arrests of the afore-mentioned persons, and the ill-treatment to which they have been subjected during arrest and subsequent detention. OMCT calls on the Malaysian authorities to immediately halt the harassment of members of the opposition. Furthermore, OMCT calls for Chief Police Officer Bakri Zinin to be brought to justice for the human rights violation that he ordered during these events.
Brief reminder of the situation
According to the information received, on May 1st, 2002, the police violently dispersed a peaceful demonstration of workers that began in Chow Kit and was scheduled to end in Kuala Lumpur City Centre (KLCC Twin Towers). After the demonstrators had walked for approximately 1.5 km, a group of police officers from the Dang Wangi district attacked the assembled crowd without warning or provocation. Bakri Zinin, the officer in charge of Dang Wangi Police District OCPD, reportedly led the assault, and attacked the negotiators who were present at the front of the march. By 12:30 p.m. the police had arbitrarily arrested 18 people, including an 8-year old boy.
Action requested
Please write to the authorities in Malaysia urging them to:
· ensure that the afore-mentioned persons will not be re-arrested 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;
· put an immediate end to the harassment of persons that are engaged in peaceful demonstrations;
· guarantee that all persons that were injured in these events will be afforded adequate reparation;
· 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, May 27th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.