Malaysia: Internal Security Detentions and Other Arrests

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA981021
ISSUES: Arbitrary arrest & detention,

The ASIAN HUMAN RIGHTS COMMISSION urge you to continue your support for justice and human rights in Malaysia. One more person arrested under the Malaysian detentions Internal Security Law. Two human rights activst arrested over the weekend. Further update on AHRC Urgent Appeal on Malaysia.

ISA Detainees

1. Anwar Ibrahim, Ex-deputy Prime Minister and Finance Minister *remanded

2. S Nallakarupan, Ex-director of Public Relations Magnum Corp

3. Ruslan Kassim, President, Negri Sembilan United Malays National Organisation

4. Haji Saari Haji Sungib President, Jemaah Islah Malaysia (JIM)

RELEASED FROM ISA DETENTION

1. Ahmad Zahid Hamidi former UMNO Youth Chief 2. Dr. Zamri Abdul Kadir Head, Lumut state UMNO Youth 3. Tamunif Mokhtar Division Head of Cheras district UMNO 4. Asmon Ismail State assemblyman for Panti 5. Kamaruddin Mat Noor State assemblyman for Semarak 6. Ahmad Azam Abdul Rahman President of ABIM ( Muslim youth organization) 7. Abdul Halim Ismail Deputy National President, ABIM 8. Mukhtar Redhuan Deputy President, ABIM 9. Shaharuddin Baharuddin Secretary General, ABIM 10. Kamruddin Jafaar Chairman, Institute of Policy Research 11. Prof. Dr. Siddiq Baba Student Affairs Rector, International Islamic University 12. Amidi Abdul Manan President, National Muslim Students Association 13. Ahmad Shabrinin Mohamad Sidek Secretary General, National Muslim Students’ Association 14. Mahinder Singh Randhawa Civil and structural engineer

The Internal Security Act (ISA) detention which started in September still continues. 13 persons detained unnder ISA have been released. 14 October 1998 former deputy Prime Minister ISA detention was lifted and he is now remanded in custody at Sungei Bolah prison on 10 charges of sex crimes and corruption. Those detained under the ISA remain in incommunicado detention at an unknown location.

DETAINED FOR PARTICIPTING IN PEACEFUL ASSEMBLY

17 October 1998: A total of 134 persons including 17 women were arrested at the rally of about 10,000. Human rights activist Rajendra Devraj and Stephanie Bastiam were both arrested while observing the peaceful "reformasi" protest calling on Prime Minister Mahathir Mohammed to resign.

18 October 98: Both Rajendran Devaraj and Stephanie Bastian will be remanded for 4 days (18-21/10/98). The Magistrate Puan Wan Rufaidah ordered 15 women and 4 men to be detained for 3 days (18-20/10/98). All the rest, including two women (Stephanie Bastian and another) were remanded for 4 days (18-21/10/98).

All the 134 detainees were represented by Pusat Bantuan Guaman (Group of Lawyers)at the remand proceedings. The lawyers applied for the immediate release of all while the police applied for for 14 days remand. Moreover, the lawyers raised the issue that since unreasonable force was used by police during arrest that made the arrest wrong in law and therefore void.

Magistrate was informed by more then 80% of the detainees that they were beaten, slapped, punched and/or kicked. They had bruises and cuts on their body. Since the arrest on 17 October 1998 the police refused to send the detainees to hospital for medical treatment. The Magistrate ordered the police to send all the detainees who were beaten to the hospital for treatment.

Access to lawyers and/or family were denied to the detainees, the lawyers asked the Magistrate for access to the detainees for them to get instructions. The lawyers informed the Magistrate that access of only 20 minutes was given to the 69 detained in the Dang Wangi Police Station. The lawyers had to stand at the lock up door and talk to the suspects though the grills, with police officers present outside the door and inside the lockup. At any one time only two detainees could be met.

RECOMMENDED ACTION: AHRC condemns the use of Internal Security Act (ISA) as a violation of the rule of law, human rights and the principles of democratic government and calls on the Malaysian government to repeal the ISA in total. AHRC also condemns the continued detention of the 134 persons and the unprovoked police assault on peaceful march and non-violent protest. AHRC is very concern on the frequent unreasonable force used by the police to disperse peaceful rallies and protests. Please continue to send your appeals letters and faxes to the Malaysian authorities urging: – all ISA detainees be released immediately without conditions including Anwar Ibrahim who is now remanded; – condemn the use of the ISA on legitimate expressions of dissent; – that police brutality at peaceful gatherings of citizens be curbed immediately;and the right to freedom of assembly and expression be respected. – release all those arrested in the streets immediately or charge them immediately; – condemn the use of force and intimidation on detainees and condemn police intimidation on family and friends of the detainees; – ensure that all medical assistance will be made available to detainees; – urge that bail be given to Anwar Ibrahim for the duration of his trial.

SEND APPEALS TO:

Dato Seri Dr Mahathir bin Mohamad Prime Minister and Minister of Home Affairs Jalan Dato’ Onn 50502 Kuala Lumpur, Malaysia Faxes: 603 – 238 3784, 2984172,

Dato Tajol Rosli Ghazali Deputy Minister of Home Affairs Jalan Dato Onn 50502 Kuala Lumpur, Malaysia Faxes: 603 – 230 1051

Datuk Mokhtar Abdullah Attorney General’s Chambers Jabatan Peguam Negara Malaysia, Tingkat 20, Bangunan Bank Negara Malaysia Jalan Tangsi, Kuala Lumpur, Malaysia Fax: 60-3-2984172

Tan Sri Rahim Noor, Inspector-General of Police Ibu Pejabat Polis Persekutuan, Bukit Aman, Kuala Lumpur, Malaysia Fax: 603-2910707

send copies to diplomatic representative of Malaysia accredited to your country.

Document Type : Urgent Appeal Case
Document ID : UA981021
Countries : Malaysia,
Issues : Arbitrary arrest & detention,