Internet Campaign For The Release of Reformasi Activists Detained Under

Internet Campaign For The Release of Reformasi
Activists Detained Under ISA

As a concerned Malaysian, I request your urgent
intervention in the following situation in Malaysia

Brief description of the situation.

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.:

1) Tian Chua, Parti Keadilan Nasional vice-president

2) Mohamad Ezam Mohd. Nor, Keadilan Youth president

3) N Gobala Krishnan, Keadilan Youth secretary-general

4) Saari Sungib, 'People's Memorandum' organising
committee chairperson

5) Hishamuddin Rais, media columnist and social
activist

6) Raja Petra Kamaruddin, the international Free Anwar
Campaign director.

7) Abdul Ghani Harun, Keadilan Youth central committee
member

8) Dr Badrul Amin Baharom, Keadilan member and social
activist

9) Lokman Adam, Keadialan Youth central committee
member

10) Badaruddin Ismail, An activist  for the human
rights group Suara Rakyat Malaysia (Suaram)

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. 

Subsequently, five of the detainees, Keadilan
vice-president Tian Chua, Youth leaders Mohamad Ezam
Mohd Nor and Saari Sungib, Free Anwar Campaign
(Freeanwar.com) webmaster Raja Petra Raja Kamaruddin
and social activist-cum-malaysiakini columnist
Hishamuddin Rais filed their habeas corpus
application. 

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.

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. 

The detainees are unable to defend themselves as the
authority refuses to provide them with the evidence
against them. 

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.

BACKGROUND IFORMATION - The Internal Security Act

Section 73 (1) Internal Security Act:

"Any police officer may without warrant arrest and
detain pending enquiries any person in respect of whom
he has reason to believe -

that there are grounds which would justify his
detention under section 8 and 
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." 
Sect 8. Power to order detention or restriction of
persons.

"(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."

- Why the ISA is a Draconian Law

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.

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.

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.

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.

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.

In the last two years, police also conducted similar
operations, resulting in mass arrests and police
brutality.

14th until 17th April, 1999 (Anwar's sentencing) - 117
were arrested
14th until 15th April, 2000 - 54 people were arrested


Action requested 
Please write to the Malaysia authorities urging them
to 

1. ensure the physical and psychological integrity of
the detainees;
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;   
3. derogate its legislation regarding  detention
without trial; 
4. allow lawyer and families members of detainees to
visit them to ensure their well-being and safety are
not threatened;
5. guarantee all human rights and fundamental freedoms
and conform their actions to international human
rights standards.

Send the appeals to 
Dato' Seri Dr Mahathir bin Mohamad
Prime Minister
Email :ppm@smpke.jpm.my

Dato'  Seri Abdullah bin Ahmad Badawi
Deputy Prime Minister and Minister of Home Affairs
Email : tpm@smpke.jpm.my

Dato' Rais bin Yatim
Minister in Prime Minister Department
Email : jpmrais@smpke.jpm.my

Ybhg Tan Sri Musa Hitam
Chairperson
National Human Rights Commission,
29th. Floor, Menara Tun Razak,
Jalan Raja Laut,
50350 Kuala Lumpur.
Fax- 603-26125620
Tel-603-26125600
humanrights@humanrights.com.my

Kofi Annan
Secretary-General,
United Nations Room S-3800,
New York NY 10017
Fax: 1-212-963 4879/2155
Email : ecu@un.org

Mrs. Mary Robinson
Office of the UN High Commissioner for Human Rights
Palais des nations
8-14 avenue de la Paix,
CH 1211 Geneve,
Switzerland
Fax : (41) 229170213
Email: webadmin.hchr@unog.ch

Inspector General of Police
Tan Sri Norian Mai
Headquarters of Royal Police of Malaysia
Bukit Aman
50560 Kuala Lumpur
Malaysia
Fax: +603 22731326

or to the Malaysia embassy of your country.

Alternatively, you can go to sign the online petition
of Amnesty International  at
http://www.stoptorture.org/urgent/index.php.

Kindly inform me of any action undertaken in your
reply.

Update:
The authorities finally yielded to the pressure from
the tremendous responses of concerned groups and
individuals by allowing family members access to the
detainees.
 
Thank you,

Yours sincerely,

Ong Eu Soon
Email: eusoon@yahoo.com









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