Malaysia
02.06.03
Urgent Interventions
Malaysia: three reformasi ISA detainees released
Case MYS 110401.13
Release / Arbitrary detention
Geneva, June 2nd, 2003
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 Suara Rakyat Malaysia (SUARAM), a member of the OMCT network, of the decision to release three of the six so-called reformasi ISA detainees in Malaysia.
According to the information received, on June 1st, three of the six reformasi being detained under the International Security Act (ISA) were released following the expiration of their two-year detention order. Tian Chua, vice president of the opposition National Justice Party (Keadilan), reform activist Saari Sungib, and filmaker/writer Hishamuddin Rais are the three ISA detainees that were released. Mr. Sungib was released immediately, while Tian Chua and Hishamuddin Rais are being forced to stay at Taiping Prison, waiting for bail to be posted for the other illegal assembly charges they are facing. Mr. Chua will appear at Kulim Magistrate Court on June 3rd, and both men will appear at Kuala Lumpur Magistrate Court on June 4th, to process bail. Mohd Ezam Mohd Nor was also released from serving a sentence under the ISA, but will be forced to stay at Kajang Prison, serving another sentence under the Official Secrets Act. There is no new information regarding Lokman Adam and Dr. Badrulamin Bahrom, whose detention orders will expire on June 12th.
Early on Sunday approximately 100 activists and family members assembled outside the Kamunting detention camp in northern Perak state, but the demonstrators were reportedly forced to disperse by 200 security personnel, including riot squad units with batons and water cannons.
Malaysia has felt strong international pressure to free the ISA-6 detainees. Parliamentarians from Denmark, Britain, Japan, and the Netherlands, 40 Islamic scholars and local and international rights groups have all campaigned for the detainees’ release. The Home Ministry's Secretary-General released a statement that the police had decided not to seek an extension of the detention order against the four persons mentioned above.
OMCT welcomes the release of the three ISA detainees and wishes to take this opportunity to thank everyone who intervened on their behalf. OMCT is, however, still gravely concerned by the continuing arbitrary detention of Lokman Adam and Dr. Badulamin Bahrom, whose detention orders may still be extended, and of Mohd Ezam Mohd Nor, who is being forced to serve an additional sentence. OMCT calls on the Malaysian Government to ensure that the detention orders are not extended and that Mr. Nor is also released.
Background Information
The six political prisoners that were being detained were Tian Chua, Hishamudding Rais, Mohd Ezam Mohd Noor, Saari Sungib, Dr. Badrulamin Bahrom and Lokman Adam. All six prisoners were detained in April 2001, prior to a mass demonstration against the government and in support of former Deputy Prime Minister Anwar Ibrahim, who was convicted in April 2000. (See previous appeals)
The government failed to produce any evidence to support the claim made two years ago that these six political prisoners had attempted to overthrow the government through militant means. The prisoners were held in Kamunting Detention Camp, deprived of their right to defend themselves in court. On September 6th, 2002, the Federal Court of Malaysia ruled that the detention of these prisoners was mala fide (in bad faith). The ISA advisory board adopted the same opinion, recommending that the prisoners be released.
Detention without trial is permitted under the draconian International Security Act (ISA), enacted in the 1960s and frequently used 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. In April, 2003, the National Human Rights Commission (Suhakam) recommended to the Malaysian government that the ISA be abolished. In June, 2003, the Minister for Home Affairs will decide whether to release the six political prisoners or to extend the detention for another two-year period.
Action requested
Please write to the authorities in Malaysia:
i. welcoming the decision to release Tian Chua, Saari Sungib and Hishamudin Rais;
and urging them to:
ii. order the detainees’ 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;
iii. Immediately abolish the Internal Security Act (ISA);
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
· 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
· Dato Abdullah Haji Ahmad Badawi, Minister of Home Affairs & Deputy Prime Minister, Ministry of Home Affairs (Menteri Dalam Negeri), Aras 13, Blok D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor, Malaysia, Fax: + 603 8886 8014, E-mail: tpm@smpke.jpm.my
· Chairman, Human Rights Commission (SUHAKAM), Ybhg. Tan Sri Musa Hitam Suruhanjaya Hak Asasi Manusia Malaysia, 29th Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia, Fax: + 60 3 2612 5620, E-mail: humanrights@humanrights.com.my
Please also write to the embassies of Malaysia in your respective country.
Geneva, June 2nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Release / Arbitrary detention
Geneva, June 2nd, 2003
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 Suara Rakyat Malaysia (SUARAM), a member of the OMCT network, of the decision to release three of the six so-called reformasi ISA detainees in Malaysia.
According to the information received, on June 1st, three of the six reformasi being detained under the International Security Act (ISA) were released following the expiration of their two-year detention order. Tian Chua, vice president of the opposition National Justice Party (Keadilan), reform activist Saari Sungib, and filmaker/writer Hishamuddin Rais are the three ISA detainees that were released. Mr. Sungib was released immediately, while Tian Chua and Hishamuddin Rais are being forced to stay at Taiping Prison, waiting for bail to be posted for the other illegal assembly charges they are facing. Mr. Chua will appear at Kulim Magistrate Court on June 3rd, and both men will appear at Kuala Lumpur Magistrate Court on June 4th, to process bail. Mohd Ezam Mohd Nor was also released from serving a sentence under the ISA, but will be forced to stay at Kajang Prison, serving another sentence under the Official Secrets Act. There is no new information regarding Lokman Adam and Dr. Badrulamin Bahrom, whose detention orders will expire on June 12th.
Early on Sunday approximately 100 activists and family members assembled outside the Kamunting detention camp in northern Perak state, but the demonstrators were reportedly forced to disperse by 200 security personnel, including riot squad units with batons and water cannons.
Malaysia has felt strong international pressure to free the ISA-6 detainees. Parliamentarians from Denmark, Britain, Japan, and the Netherlands, 40 Islamic scholars and local and international rights groups have all campaigned for the detainees’ release. The Home Ministry's Secretary-General released a statement that the police had decided not to seek an extension of the detention order against the four persons mentioned above.
OMCT welcomes the release of the three ISA detainees and wishes to take this opportunity to thank everyone who intervened on their behalf. OMCT is, however, still gravely concerned by the continuing arbitrary detention of Lokman Adam and Dr. Badulamin Bahrom, whose detention orders may still be extended, and of Mohd Ezam Mohd Nor, who is being forced to serve an additional sentence. OMCT calls on the Malaysian Government to ensure that the detention orders are not extended and that Mr. Nor is also released.
Background Information
The six political prisoners that were being detained were Tian Chua, Hishamudding Rais, Mohd Ezam Mohd Noor, Saari Sungib, Dr. Badrulamin Bahrom and Lokman Adam. All six prisoners were detained in April 2001, prior to a mass demonstration against the government and in support of former Deputy Prime Minister Anwar Ibrahim, who was convicted in April 2000. (See previous appeals)
The government failed to produce any evidence to support the claim made two years ago that these six political prisoners had attempted to overthrow the government through militant means. The prisoners were held in Kamunting Detention Camp, deprived of their right to defend themselves in court. On September 6th, 2002, the Federal Court of Malaysia ruled that the detention of these prisoners was mala fide (in bad faith). The ISA advisory board adopted the same opinion, recommending that the prisoners be released.
Detention without trial is permitted under the draconian International Security Act (ISA), enacted in the 1960s and frequently used 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. In April, 2003, the National Human Rights Commission (Suhakam) recommended to the Malaysian government that the ISA be abolished. In June, 2003, the Minister for Home Affairs will decide whether to release the six political prisoners or to extend the detention for another two-year period.
Action requested
Please write to the authorities in Malaysia:
i. welcoming the decision to release Tian Chua, Saari Sungib and Hishamudin Rais;
and urging them to:
ii. order the detainees’ 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;
iii. Immediately abolish the Internal Security Act (ISA);
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
· 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
· Dato Abdullah Haji Ahmad Badawi, Minister of Home Affairs & Deputy Prime Minister, Ministry of Home Affairs (Menteri Dalam Negeri), Aras 13, Blok D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor, Malaysia, Fax: + 603 8886 8014, E-mail: tpm@smpke.jpm.my
· Chairman, Human Rights Commission (SUHAKAM), Ybhg. Tan Sri Musa Hitam Suruhanjaya Hak Asasi Manusia Malaysia, 29th Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia, Fax: + 60 3 2612 5620, E-mail: humanrights@humanrights.com.my
Please also write to the embassies of Malaysia in your respective country.
Geneva, June 2nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.