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MALAYSIA: Update on ISA detainees and appeal letter to join

December 14, 2001

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 13 December 2001
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UP-46-2001 (RE: UA25/01: Abolish the Internal Security Act (ISA) Campaign)
MALAYSIA: Update on ISA detainees and appeal letter to join
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Dear Friends,

As this year comes to an end, we cannot but help reflect on the human rights situation in Asia and worry about our friends who are still suffering under miserable conditions. The Asian Human Rights Commission (AHRC) is involved in the campaign to abolish the Internal Security Act (ISA) in Malaysia as well as several other Asian countries, even if the name of the law is different, since the Malaysian government arrested and detained human rights activists and opposition political leaders earlier this year without a trial.

In this spirit, we are sending you updates on this situation and are forwarding you the appeal below of SUARAM, a Malaysian human rights group, in order for you to express your solidarity for the ISA victims. AHRC also would like to express our strong solidarity and send our warmest greetings for the Muslim holiday of Hari Raya Aidilfitri and the birthday of our friend, Tian Chua, an ISA detainee.

Thank you.


Urgent Appeals Desk
Asian Human Rights Commission

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UPDATE ON MALAYSIAN DETAINEES

- ISA detainee placed under house arrest

On Nov. 3, Dr Badrul Amin Bahron, one of the 10 political and social activists arrested under the ISA in April this year and sent to Kamunting Detention Camp for two years in June, was released under strict conditions.

For example, Dr. Badrul is forbidden to talk to the media about the conditions in prison, to stand for political office, to participate in political activities or gatherings. He is also confined to the district where he lives for 24 hours a day and can only leave the area with written permission from the police to whom he has to report every week. He must sleep in his own house each night. Dr. Badrul feels that this is even more restrictive than being in prison.

- Conditions for the other five ISA detainees

Since they went on a boycott of prison food on Sept. 11, 2001, some of the demands of the five political and social activists detained in Malaysia under the ISA since April have been met. They have now stopped the boycott, although prison food has not improved significantly.

The detainees are now allowed to see each other during a one-hour recreation period every day. They will also celebrate the Muslim New Year Hari Raya Aidilfitri with their families.

However, it is not known whether those who were reported to have health complaints - for example, Tian Chua has had asthma attacks and Hisham has suffered from severe migraine headaches - have been allowed to see a doctor.

Generally, the family and friends who have visited the detainees have found them in good spirits.

While we continue to press the Malaysian government to release them unconditionally, and in the long run to abolish the draconian ISA, we would like to encourage you to send some special greetings to them at this time of the year.


APPEAL LETTER FROM SUARAM

Re: Send Hari Raya greeting card to Muslim detainees under ISA and
birthday card to Tian Chua

Since the arrest of our friends, Tian Chua, Hishamuddin Rais, Mohd. Ezam Mohd. Noor, Hajisaari Sungip and Lokman Adam under the notorious ISA in April this year, eight months have passed. Although our friends are still behind bars, they are, however, still in high spirits.

With the coming of Hari Raya (a major religious festival for Muslims after going through the month-long fast of Ramadan) on Dec. 16 or 17 and the approach of the birthday of Tian Chua on Dec. 21, we urge you to send Hari Raya greeting cards and a birthday card to these political detainees who have committed no crime but who have been critical of injustice, corruption, cronyism and the violation of human rights practices of the Malaysian government. They were merely exercising their basic human rights and seeking to uphold human dignity.

Under the ISA, these detainees have been brutally deprived of the right to an open and fair trial, the right to be presumed innocent before trial and the right to legal representation to defend themselves.

We encourage you to circulate this letter to your circle of friends and relatives. Please send the Hari Raya greeting card to Hishamuddin Rais, Mohd. Ezam Mohd. Noor, Hajisaari Sungip, Lokman Adam and the birthday card to Tian Chua to express your solidarity and support for their struggle at the following address:

Kamunting Detention Camp
34009 Taiping,
Perak, Malaysia

Your card will be a big encouragement to the detainees. For more information on ISA detention, please visit www.suaram.org/isa. We thank you for your solidarity support and cooperation.

Released by:
Suara Rakyat Malaysia (Suaram)
383, Jalan 5/59, Petaling Garden,
Petaling Jaya, 46000
Selangor, Malaysia
Tel: 60 3 77843525
Fax: 60 3 77843526
Email: wkpeng@pc.jaring.my
Web site: www.suaram.org
Document Type :
Urgent Appeal Update
Document ID :
UP-46-2001
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.