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UPDATE (MALAYSIA): Internet campaign for the release of pro-reform activists detained under the ISA

May 2, 2001

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPADTE URGENT APPEAL <br>
<br>
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM <br>
<br>
Update on Urgent Appeal 3 May 2001 <br>
------------------------------------------------------------ <br>
UP-04-2001 (RE: FA02/01): Activists and political leaders detained under the Internal Security Law (ISA) <br>
<br>
UPDATE (MALAYSIA) - Internet campaign for the release of pro-reform activists detained under the ISA <br>
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<br>
Dear Friends, <br>
<br>
Malaysian police have arrested opposition political leaders and pro-reform activist during last month. Until today, all ten activists are being held under the Internal Security Act (ISA), which allows the authorities to detain people indefinitely without trial. <br>
<br>
In order to draw your attention and solidarity action, we are forwarding this following Internet campaign on this incident. We also urge you to write protest letter to demand for the release of all those detained and to express your solidarity. <br>
<br>
Thank you. <br>
<br>
Urgent Appeal Desk <br>
Asian Human Rights Commission <br>
<br>
============================= <br>
<br>
Internet campaign for the release of pro-reform activists detained under ISA <br>
<br>
As a concerned Malaysian, I request your urgent intervention in the following situation in Malaysia. <br>
<br>
<br>
BRIEF DESCRIPTION OF THE SITUATION <br>
<br>
In an ongoing crackdown of legitimate dissidents in Malaysia, the police have confirmed that the following 10 persons have been arrested under the draconian International Security Act (ISA), which provided for detention without trial; <br>
<br>
1) Tian Chua, Parti Keadilan Nasional (National Justice Party), vice-president <br>
<br>
2) Mohamad Ezam Mohd. Nor, Parti Keadilan Nasional, Youth president <br>
<br>
3) N Gobala Krishnan, Parti Keadilan Nasional, Youth secretary-general <br>
<br>
4) Saari Sungib, 'people's Memorandum', organizing committee chairperson <br>
<br>
5) Hishamuddin Rais, media columnist and social activist <br>
<br>
6) Raja Petra Kamaruddin, the international Free Anwar Campaign, director. <br>
<br>
7) Abdul Ghani Harun, Parti Keadilan Nasional, Youth central committee <br>
member <br>
<br>
8) Dr. Badrul Amin Baharom, Keadilan member and social activist <br>
<br>
9) Lokman Adam, Keadialan Youth central committee member <br>
<br>
10) Badaruddin Ismail, An activist for the human rights group, Suara Rakyat Malaysia (Suaram) <br>
<br>
Those detained were arrested without warrant and denied access to their lawyer and families. Under the ISA, the police are not required to produce those detained before magistrates. Until now, police have not released any official information regarding the whereabouts of the detainees. The request by the Human Rights Commission of Malaysia (Suhakam) to visit those detained has received no response from the authorities. <br>
<br>
Subsequently, five of the detainees, Keadilan vice-president Tian Chua, Youth leaders Mohamad Ezam Mohd Nor and Saari Sungib, Free Anwar Campaign (Freeanwar.com) web master Raja Petra Raja Kamaruddin <br>
and social activist-cum-malaysiakini columnist Hishamuddin Rais filed their habeas corpus application. <br>
<br>
On 25 April 2001, the High Court turned down the habeas corpus applications on the grounds that the court had no jurisdiction to hear the matter as the arrests and the detention were done in accordance with powers vested in the police through the ISA. The court added that their detentions were valid in the interest of national security. The judgement effectively denied those detained any legal avenue for judicial review. <br>
<br>
Throughout the history of ISA, detainees have been tortured, questioned and forced to make statements. There is a genuine concern for the well being and safety of those detained. <br>
<br>
The detainees are unable to defend themselves as the authority refuses to provide them with the evidence against them. <br>
<br>
According to Article 9 of the International Covenant on Civil and Political Rights, anyone detained on a criminal charge shall be entitled to trial within a reasonable time or to release. <br>
<br>
<br>
BACKGROUND IFORMATION - The Internal Security Act <br>
<br>
Section 73 (1) Internal Security Act: <br>
<br>
\&quot;Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe - <br>
<br>
a. that there are grounds which would justify his detention under section 8 and <br>
b. that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof.\&quot; <br>
<br>
Sect 8. Power to order detention or restriction of persons. <br>
<br>
\&quot;(i) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that person be detained for any period not exceeding two years.\&quot; <br>
<br>
- Why the ISA is a Draconian Law <br>
<br>
Since 1960 when the Act was enacted, thousands of people including trade unionists, student leaders, labor activists, political activists, religious groups, academicians, NGO activists have been arrested under the ISA. The ISA has been consistently used against people who criticize the government and defend human rights. It has been the most convenient tool for the state to suppress opposition and open debate. The Act is an instrument maintained by the ruling government to control public life and civil society. <br>
<br>
The ISA provides for 'preventative detention' without trial for an indefinite period. The ISA violates fundamental rights and goes against the principles of justice and undermines the rule of law. <br>
<br>
The ISA goes against the right of a person to defend himself in an open and fair trial. The person can be incarcerated up to 60 days of interrogation without access to lawyers. <br>
<br>
A person detained under the ISA is held incommunicado, with no access to the outside world. Furthermore, lawyers and family are not allowed access to the detainee. <br>
<br>
Torture goes concurrently with ISA detention. Former detainees have testified to being subjected to physical and psychological torture. This may include one or more of the following: physical assault, sleep deprivation, round-the-clock interrogation, threats of bodily harm to family members, including detainees' children. Prolonged torture and deprivation have led to detainees signing state-manufactured 'confessions' under severe duress. <br>
<br>
In the last two years, police also conducted similar operations, resulting in mass arrests and police brutality. <br>
<br>
14th until 17th April, 1999 (Anwar's sentencing) - 117 were arrested <br>
14th until 15th April, 2000 - 54 people were arrested <br>
<br>
<br>
ACTION REQUESTED <br>
<br>
Please write to the Malaysia authorities urging them to <br>
1. ensure the physical and psychological integrity of the detainees; <br>
<br>
2. order the immediate release of the detainees if they are being held in detention without any valid charges or, in the event they have been charged, bring them immediately before a competent and impartial tribunal and guarantee their full procedural rights and their right to legal counsel at all times, in conformity with the international human rights standards; <br>
<br>
3. derogate its legislation regarding detention without trial; <br>
<br>
4. allow lawyer and families members of detainees to visit them to ensure their well-being and safety are not threatened; <br>
<br>
5. guarantee all human rights and fundamental freedoms and conform their actions to international human rights standards. <br>
<br>
<br>
SEND LETTER TO <br>
<br>
1. The Prime Minister of Malaysia <br>
<br>
Dato' Seri Dr Mahathir bin Mohamad <br>
Prime Minister's Office <br>
Federal Government Administration Center <br>
62502 Putrajaya <br>
MALAYSIA <br>
Fax: +603 8888 3444 <br>
E-mail: ppm@smpke.jpm.my <br>
<br>
2. Deputy Prime Minister and Minister of Home Affairs <br>
<br>
Dato' Seri Abdullah bin Ahmad Badawi <br>
Deputy Prime Minister and Minister of Home Affairs <br>
Email: tpm@smpke.jpm.my <br>
<br>
3. Minister in Prime Minister Department <br>
<br>
Dato' Rais bin Yatim <br>
Minister in Prime Minister Department <br>
E-mail: jpmrais@smpke.jpm.my <br>
<br>
4. The Chairperson of the Malaysian National Human Rights Commission <br>
<br>
Ybhg Tan Sri Musa Hitam <br>
Chairperson <br>
National Human Rights Commission, <br>
29th. Floor, Menara Tun Razak, <br>
Jalan Raja Laut, 50350 Kuala Lumpur <br>
MALAYSIA <br>
Fax: +603 2612 5620 <br>
Tel: +603 2612 5600 <br>
E-mail: humanrights@humanrights.com.my <br>
<br>
5. Inspector General of Police <br>
<br>
Tan Sri Norian Mai <br>
Headquarters of Royal Police of Malaysia <br>
Bukit Aman <br>
50560 Kuala Lumpur <br>
Malaysia <br>
Fax: +603 2273 1326 <br>
<br>
And send copies to <br>
<br>
Kofi Annan <br>
Secretary-General, <br>
United Nations Room S-3800, <br>
New York NY 10017 <br>
Fax: 1-212-963 4879/2155 <br>
Email: ecu@un.org <br>
<br>
Mrs. Mary Robinson <br>
Office of the UN High Commissioner for Human Rights <br>
Palais des nations <br>
8-14 avenue de la Paix, <br>
CH 1211 Geneve, <br>
Switzerland <br>
Fax: (41) 229170213 <br>
Email: webadmin.hchr@unog.ch <br>
<br>
or to the Malaysia embassy of your country. <br>
<br>
============================== <br>
<br>
Please contact the Urgent Appeals coordinator if you require more <br>
information or wish to report human rights violations. <br>
=========================================================== <br>
AHRC Urgent Appeals Programme <br>
Asian Human Rights Commission <br>
Unit D, 7th Floor, Mongkok Commercial Centre, <br>
16 - 16B Argyle Street, Kowloon, HONGKONG <br>
Tel: +(852) - 2698-6339 <br>
Fax: +(852) - 2698-6367 <br>
E-mail: ua@ahrchk.org <br>
<br>

Document Type :
Urgent Appeal Update
Document ID :
UP-04-2001
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.