MALAYSIA: A Serious Crackdown in Malaysia

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA032000
ISSUES: Democracy, Freedom of association, Freedom of expression,

 

It is reported that several arrests are taking place in Malaysia, which the human rights activists and observers describe as a crack down on the opposition. The most significant among them is the arrest of Karpal Singh who heads the legal team defending the former deputy Prime-Minister Anwar Ibrahim. He is charged with sedition for a remark made in the course of

defending his client to the effect that, people in high places are involved in the alleged poisoning of Anwar in prison. This is the first occasion that sedition charges have been framed on the basis of the remarks made by a lawyer in the course of defending a client.

 

The charge is likely to have a chilling effect on the legal profession, causing further loss of confidence in the legal process and confirming the authoritarian nature of the regime in power in Malaysia. The two other detained so far are of Zulkifli Sulong, the editor of the newspaper Harakah, Chia Lim Thye, the owner of the company, which prints Harakah. and

Marina Yusoff, the vice-president of the National Justice Party – Keadilan.

 

 

MORE INFORMATION REGARDING THE DETENTION

 

THE DETENTION OF ZULKIFLI SULONG: According to news sources Zulkifli Sulong was detained when he surrendered himself at the Sentul police station after being issued an arrest warrant. As requested he has been to the police

station at 10:30 a.m. on the 12 January 2000. The editor of Harakah, Zulkifli Sulong has been charged for publishing an article allegedly written by KeADILan, the deputy president Chandra Muzaffar. The said article, which appeared on Aug 2 last year, had accused the media of working in concert with the judiciary in persecuting the sacked deputy prime minister Anwar Ibrahim. Also arrested was Prema¡¯s Chia Lim Thye, the

owner of the company, which prints Harakah. Zulkifli told the newspaper Malaysiakin that it appeared the police had decided to go after Harakah after Chandra¡¯s court case was thrown out on a technicality. During Anwar¡¯s trial, the court issued a show-cause notice to Chandra on why he should

not be cited for contempt. Zulkifli has been released later on police bail of RM 3,000. He further stated that he has been questioned earlier by the police several times in connection with the article. Zulkifli added that the arrest of Harakah¡¯s printer, Chia, was meant to frighten him and other

potential printers of the bi-weekly tabloid. Both Zulkifi and Chai have been released on bail and will have to appear in courts tomorrow.

 

THE DETENTION OF KARPAL SINGH: Former Democratic Action Party (DAP) MP Karpal Singh was arrested under Section 4 (1) B of the Sedition Act on 12 January 2000. He would be charged in court on Friday 14 January 2000, said

DAP publicity secretary Ronnie Liu, who had accompanied Karpal to the Dang Wangi police station this afternoon. According to Liu, Karpal was to be charged for the remarks he made in court that \”people in high places\” were

behind an alleged attempt to poison sacked deputy prime minister Anwar Ibrahim with arsenic last September. Karpal, who is a defence lawyer for Anwar, was reported to have told the court during the sodomy trial that \”someone out there wants to get rid of him (Anwar) … even to the extent

of murder.\” \”I suspect people in higher places are responsible for the situation,\” Karpal added.

 

 

THE DETENTION OF MARINA YUSOFF: Police detained

Parti Keadilan Nasional

vice president Marina Yusof on 12 January 2000 when she surrendered at the Cheras police station following issuance of a warrant for her arrest. The arrest warrant has been issued one day before Hari Raya Aidilfitri. The warrant was faxed from Penang and she was told to report to the police

station on 12 January 2000. According to Cheras deputy police chief Supt Aman Hussain, Marina surrendered at 10:40 a.m. She has been later released on police bail of RM 5,000. He further stated that police would charge Marina on Friday at the Bukit Mertajam Magistrate¡¯s Court in Pulau Pinang

under Section 4(1)(B) of the Seditionh Act 1948 which carried a fine of RM 5,000 or three years¡¯ imprisonment or both upon conviction for the first offence. The charge was based on news reports which appeared in New Straits Times (NST) and Utusan Malaysia in October last year. On Oct 6, the

NST reported that United Malay National Organisation (UMNO) Youth had branded Marina \”a traitor for alleging that UMNO leaders were responsible for starting the May 13 incident in 1969.\” Marina, a lawyer, came to the

police station accompanied by fellow party vice president Tian Chua and the director of human rights NGO Suara Rakyat Malaysia (SUARAM) Sivarasa Rasiah. According to newspaper Malaysiakini, Marina argued that her speech

was taken out of the context by the two newspapers. \”They (the police) have based their arrest on the reports that appeared in NST and Utusan, which had been twisted,\” she said. She added that she made her statements on Sept

29 last year, and yet it wasn¡¯t until Oct 6 that the news report appeared in print.

 

FEAR FOR FURTHER ARRESTS

 

All the three arrests have been seen as part of a crackdown and the fears are that more persons will be arrested in the future.

 

All the statements alleged to be seditious, have been made during the time of the last elections in which government saw the reduction of its majority in the parliament. Some observers remark that the arrests are meant to silence the opposition voices emerging within the ruling party itself.

 

Asian Human Rights Commission strongly condemns the above arrests of individuals related to opposition political parties. The sections of Malaysian society defending and promoting democracy and human rights no doubt deserve the express support of the international community at this

difficult moment. All organizations dealing with the protection and the independence of the judiciary and of the legal process in particular need to make a concerted effort to prevent this grave crack down on the democratic forces.

 

RECOMMENDED ACTION

 

AHRC urge all individuals, groups and UN agencies to act urgently on this emerging situation in Malaysia. AHRC appeal to all individuals, groups to write to Malaysian authorities condemning the above detentions and

especially appeal to United Nations agencies and particularly UN Secretary General Kofi Annan and UN High Commissioner for Human Rights Mary Robinson to intervene with the Malaysian authorities with regards to the recent

detentions.

 

Please send your appeals/letters to:

 

Dato Seri Mahathir

bin Mohamad Prime Mister’s Department

Jalan Dato Onn 50502

Kuala Lumpur

Malaysia

Faxes : +(603) – 298-4172

 

Dato Abdulah Badawi

Deputy Prime Minister and Minister of Home Affairs

Jalan Dato’ Onn

50502 Kuala Lumpur,

Malaysia

Faxes: +(603) – 230 1051

 

Tan Sri Mohtar Abdullah

Attorney General

Bangunan Bank Rakyat

Jalan Tangsi

50732 Kuala Lumpur

Malaysia

 

Copies to:

 

Ms. Mary Robinson

Office of the UN High Commissioner for Human Rights

Palais des Nations

8-14 aveneue de la Paix

CH 1211 Geneve

Switzerland

Fax: +(41) 22 9170213

Document Type : Urgent Appeal Case
Document ID : UA032000
Countries : Malaysia,
Issues : Democracy, Freedom of association, Freedom of expression,