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MALAYSIA: Family of ISA Detainee refused entry and detained

July 22, 2001

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

23 July 2001

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UA-25-2001 - Family of ISA Detainee refused entry and detained

MALAYSIA: Denial of right to freedom of association and expression, denial of prisoners' right to family visits to
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The latest UPDATE for this appeal is available at:
http://www.ahrchk.net/ua/mainfile.php/2001/190/ | http://www.ahrchk.net/ua/mainfile.php/2001/173/
http://www.ahrchk.net/ua/mainfile.php/2001/159/ | http://www.ahrchk.net/ua/mainfile.php/2001/140/

The Malaysian government has stepped up yet again its deprivation and violation of the basic rights of the ISA detainees. Ms. Mabel Au, fiancee of Mr. Tian Chua (one of the six men detained for 2 years under ISA), has been denied entry into Malaysia. Ms. Au - a Hong Kong resident and coordinator of the Committee for Asian Women Workers (CAW) based in Bangkok - has visited Mr. Chua at the Kamunting Detention Centre in Malaysia once previously since his arrest under the notorious Internal Security Act (see BACKGROUND), but this time was refused entry for unspecified 'security reasons'. Not only was she not allowed to enter the country, she herself was detained in an airport lock-up for 13 hours pending her deportation flight. She was denied the right to contact her embassy. Her mobile phone was rendered inoperable by the guards after she managed to make a brief call to other family members waiting outside.

This is how Ms. Au described her detention in immigration:
"Basically the lock-up was a freezer. There were two rooms in the female lock-up. People had to sleep on the hard concrete floor. At the most they got some cardboard to sleep on. Then I had no food and not even water to drink. I informed the officers that I wanted to make a phone call but those people were so good at ignoring people as if they were deaf."

Ms. Au said that she was surprised to find even pregnant women and children were detained for long periods in the immigration area, and that the conditions in the men's area was even worse than the conditions she endured. She went on to comment on her deportation:

"According to the immigration officer, the reason for not allowing me to go into Malaysia is security reason. Is the Malaysia government saying that by visiting my fiancee would bring a big impact to Malaysia's security situation? It is very obvious that the Mahatir government wants to put pressure on Tian by depriving his rights to see me. Besides the government also want to put off the participation of the family committee in the AIM (Anti-ISA Movement) as the government has found that the families are successfully getting support from the public. However the 13 hours illegal detention and the groundless deportation is irrational. It only showed that the Mahatir government is in deep trouble. Mahatir is so anxious to suppress criticism from the people. All the suppression from the government will not stop our struggle. On the contrary, the suppression is holding us together to fight against this brutal and corrupted regime until justice is attained."

The following comments were recorded in Malaysiakini.com:
Tian’s sister Chua Thien See:
"Au is on the black list because the Malaysian government is fearful of her presence. She is very popular with the Chinese media and she is a woman of substance. The treatment received by my brother's fiance?is inhumane and illogical."

Parti Rakyat Malaysia (PRM) Youth secretary Latheefa Koya:
"Families of ISA detainees are now being treated like criminals. We told the officers (Immigration) that this was a form of victimisation but they replied that they were following orders."

DAP Member of Parliament for Seputeh Teresa Kok:
"The Home Affairs Ministry must state a proper reason for barring her. Au is a foreigner and works for an international organisation. Banning her from Malaysia will give this country a very bad image. If the government thinks that Au can create chaos in this country, something must be very, very wrong and the government must be very, very weak."

Families of the ISA Detainees movement:
"The government should act in a ‘wise and rational manner?by withdrawing its decision on Au. Nothing can break the spirit of the families of ISA detainees and this will instead strengthen their resolve to free those detained and seek the abolishment of the ISA."

RIGHTS OF PRISONERS

The UN Standard Minimum Rules for the Treatment of Prisoners (1955) affirms that prisoners - including untried prisoners and persons arrested or detained without charge - have the right to visits by family members and friends:

Para 37. Prisoners shall be allowed under necessary supervision to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits.

Para 92. An untried prisoner shall be allowed to inform immediately his family of his detention and shall be given all reasonable facilities for communicating with his family and friends, and for receiving visits from them, subject only to restrictions and supervision as are necessary in the interests of the administration of justice and of the security and good order of the institution.

Para 95. Without prejudice to the provisions of article 9 of the International Covenant on Civil and Political Rights, persons arrested or imprisoned without charge shall be accorded the same protection as that accorded [in the other relevant sections of the 'Minimum Rules']

BACKGROUND

The Malaysian Internal Security Act (ISA) is one of a many National Security Laws in Asia that are used to arbitrarily arrest political opponents, journalists, activists and organisers. It can be applied even on the subjective assumption of the possibility of future crime and used to detain without trial for long periods of time. It is often used in conjunction with torture to create terror and prevent

The following people in Malaysia have been served with detention orders that will imprison them for two years without trials under the ISA, an act which violates all international norms related to arrests, detentions and fair trials:

- Mr. Mohm. Ezam Mohamad Nor, national youth chief of the National Justice Party or Parti Keadilan Nasional
- Mr. Tian Chua, vice president of the National Justice Party
- Mr. Hishamuddin Rais, a columnist and social activist
- Mr. Saari Sungip, chairperson of the April 14 People Memorandum Rally
- Mr. Badrul Amin, National Leader of NJP
- Mr. Lokman Adam, Youth Leader of NJP

The use of the ISA comes after many detentions and the harassment of many people who have been demanding democratic reforms in Malaysia. These detentions indicate the decision of the Mahathir government to implement a strong crackdown on the democratic movement.

The ISA has been used on many other occassions, including the initial detention of Anwar Ibrahim, the then Deputy Prime Minister (who is currently in jail under politically motivated criminal charges), and most recently two student activists on 5-6 July, one of whom - Khairul Anwar Ahmad Zaenuddin - remains under incommunicado ISA detention in an undisclosed location.

SUGGESTED ACTION

Write to the Minister of Home Affairs, who is responsible for the Department of Immigration, demanding that:
- Ms. Mabel Au be allowed to enter the country and visit her fiance, according to the UN Standard Minimum Rules for the Treatment of Prisoners (1955)
- Mr. Tian Chua and the 6 others currently being detained under the ISA be released immediately, as their arrest is arbitrary and politically motivated
- The ISA be abolished, as it is a tool for preventing freedom of association, expression and assembly.

SEND LETTERS TO

Hon'ble Datuk Abdullah Ahmad Badawi
Minister for Home Affairs and Deputy Prime Minister
Aras 13, Blok D1, Parcel D
Pusat Pentadbiran Kerajaan Persekutuan
62546 PUTRAJAYA.
Alamat Kawat : "KDN, Putrajaya"
Fax: 603 8886 8014
Email: tpm@smpke.jpm.my

SEND A COPY OF YOUR LETTER TO

Department of Immigration
Aras 1-7, Blok 1
Pusat Bandar Damansara,
50550 Kuala Lumpur
Fax: 03 256 2340

Document Type :
Urgent Appeal Case
Document ID :
UA-25-2001
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.