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Malaysia
894. By letter dated 2 March 2004, the Special Rapporteur notified the Government that he had received allegations concerning approximately 100 detainees held under the Internal Security Act (ISA), including Shukry Omar Talib, Muhamad Faiq Hafidh, Shahrial Sirin, Mohammed Kadar, Abdullah Daud, Muhamad Ismail Anuawarul, Ahmad Yani Ismail, Abdul Samad Shukri Mohd, Abdul Razak Baharudin, Mohd Sha Sarijan, Ahmad Sajuli Abd Rahman and Suhaimi Mokhtar. They were arrested for alleged connections to Jeemah Islamiyah, which is allegedly linked to Al-Qaeda. Some of them have been held without charge or trial for more than two years. It is alleged that these detainees are subjected to solitary confinement, threats, and mental and physical intimidation after their arrest. According to their relatives, there is evidence of physical abuse against some of them. It is also reported that they have limited access to counsel. Furthermore, at least 20 of the persons held without trial have had their detentions extended for an additional two years. Relatives of the so-called “ISA detainees” allege that security officials have promised the detainees they would be released earlier if they would not challenge their detention in court or speak to the media or human rights groups about their situation.
895. By letter dated 2 July 2004, the Government responded that the Internal Security Act 1960 is an Act passed by the Parliament of Malaysia to “provide for the internal security of Malaysia, preventive detention, the prevention of subersion, the suppression of organized violence against person and property in specified areas of Malaysia, and for matters incidental thereto.” ISA was enacted in order to ensure that Malaysia’s well-being and security is protected and its economic stability maintained. Arrest and detention under the ISA is empowered by sections 8 and 73 of the Act. The detention itself is governed by the Internal Security (Detained Persons) Rules of 1960, which outlines the guidelines for the human treatment of detainees under the ISA. Individuals detained under the ISA are deemed to be a threat to national security and public order, which necessitates the immediate removal of their presence from society. Investigations are then carried out on their alleged activities, which involves delicate balancing and in-depth inquiry. However, the Government stresses that at no time during these investigations are detainees subjected to cruel, inhuman or degrading treatment. The individuals referred to were arrested for their membership in the Jemaah Islamiyah, an organization with links to the Al-Qaeda terrorist organization. The authorities took all due necessary precautions available under the law to ensure that untoward incidents did not occur in Malaysia and militant teachings were not spread throughout the country and region. In the pursuit of these noble goals, the rights of the community and public order are of paramount importance. The claim that security officials have promised the detainees that their release was conditional upon their silence is totally unfounded. The detainees will be released once the authorities are satisfied that they would no longer present a threat to security and public order.
896. By letter dated 13 May 2004, sent jointly with the Special Rapporteur on the human rights of migrants, the Special Rapporteur notified the Government that he had received allegations concerning Muhammad Iqbal, a Pakistani national. In possession of a work permit, he succeeded in a claim for wrongful dismissal against his employer. However, the employer refused to compensate him and the case was then referred to the Secession Court for enforcement. Pending this, Muhammad Iqbal was issued a special pass, to be renewed on a monthly basis by the Immigration Department. Since December 2002, the Immigration Department has refused to extend it because Muhammad Iqbal was not sponsored by a Malaysian, which rendered him undocumented. On 9 September 2003 he was arrested by Immigration officers in Kota Bahru, brought to trial on 27 September 2003, convicted for violations of immigration laws, and sentenced to four months’ imprisonment and three strokes of the rotan.
897. By letter dated 23 August 2004, the Government informed that since the end of 2002, the Immigration Department could no longer extend the special pass granted to him since he was no longer in gainful employment and had no foreseeable means of supporting himself in the country without a sponsor. On 10 September 2003, he was detained under s. 6(1)(c) of the Immigration Act 1959/1963 concerning illegal entry into the country. Muhammad Iqbal chose to be charged in court, even though he was given the opportunity to pay a fine, he entered a guilty plea, and refused a lawyer. He was sentenced to four months’ imprisonment and two strokes of the rattan. While serving his sentence, he appealed to the High Court of Kota Bharu, however this time he was charged on 7 February 2004 under s. 15(1)(c) of the Act, concerning overstaying the special pass. He was sentenced to three months’ imprisonment, appealed, but he later pleaded guilty on 25 July and was sent to the Pengkalan Chepa Prison. He is currently appealing to the High Court for a review of the sentence passed on 25 July.
898. By letter dated 21 July 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning Mageswaran Ramasamy, aged 29. He was found hanging in the toilet of the Petaling Jaya Police Headquarters on 17 June 2004. That day, He had gone to the Police Headquarters that day to file a report, and his body was discovered in the toilet seven hours later, at about 10 p.m. Reports indicate that there was a wound about one inch long on his lower right abdomen, which had been stitched up. Rapidly, the Assistant Commissioner of Police publicly stated that there was no murder and that this was a case of suicide. Therefore, no investigation was undertaken to explain the suspicious circumstances of Mr. Ramasamy’s death. On 2 July 2004, a joint memorandum was submitted to the Inspector General of Police by eight NGOs, calling for an immediate independent and impartial investigation and a post-mortem. The group also called for the immediate suspension of the Assistant Commissioner of Police and other police officers suspected to be involved in this event.
899. By letter dated 18 August 2004, the Government informed that on 17 June 2004, a body was found in a locked public toilet next to the canteen and police lock-up at approximately 10.40 p.m., and not in the toilet of the police station. The body was discovered by a factory clerk and a canteen employeef who had scaled the toilet wall after receiving no response from within the toilet. The body was found lying face down with a rubber hose around the neck. A pathologist from the Universiti Malaya Medical Centre and a magistrate were dispatched to the scene. The alleged wound on his right lower abdomen was an incision made by the coroner during the autopsy and was detailed in the coroner’s report. The report confirmed hanging as the cause of death.
Urgent appeals
900. On 6 February 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on extrajudicial, summary or arbitrary executions, regarding Sofyan Jalil aged 30, Muhammad Yusuf, aged 35, Yunus, aged 45, Darmadi, aged 44, Abdullah, aged 32, Kamaruddin, aged 35, Ilyas, Marzuki, Safwadi, Dek Gam, aged 18, Maskur, Andri Usman, aged 20, Jal, Azmi, aged 36, Salim, Muhammad Ali, Tarmizi Husain, aged 24, Azhari, aged 23, MaWardi, aged 28, Asri, aged 28, Fikran, aged 23, Nazar, aged 32, Fuadi, aged 28, MaWardi, aged 34, Hanafiah, aged 24, Muhammad, Muji, aged 28, and Fitra, aged 24, Syarifah, aged 30, Khalidah, aged 25, and Nurul, aged 25. According to the allegations received, they were among a group of 40 asylum-seekers from Aceh arrested by the Malaysian Police on 25 January 2004 during a raid on a migrant community shelter in Kampung Sungai Nibong, Penang and held at the Balai Polis Bayan Lepas “lock-up” and Balai Polis Balik Pulau “lock-up”, on the island of Penang. Asylum-seekers who are sent back reportedly face significant risks to their personal integrity. While in Malaysia, they could also be charged under the 1967 Immigration act and sentenced to five months’ imprisonment as well as flogging. None of the detainees were registered with UNHCR.
Follow-up to previously transmitted communications
901. By letter dated 17 December 2003, the Government provided information concerning Ahmad Muaz Ali Bakry, Mohamed Amin, Mohamed Ikhwan Abdullah, Abu Bakar Mohamed Radzi Abdul Razak, Ahmad Firdaus Kamaruddin, Shahrulnizam Hamzah, Mohamed Akil Abdul Raof, Edi Irman Shaari, Mohamed Faiz Kamarulzaman, Nurul Mohamed Fikri Mohamed Safar, Mohamed Arifin Zulkamaen, Abidzar Jaafar, and M. T. N. (E/CN.4/2004/56/Add.1, para. 968.). The Government informed that they were detained on 10 November 2003 under section 73(1) of the Internal Security Act (ISA) upon their arrival in Malaysia. They had earlier been detained in Pakistan for 50 days for suspected links with the militant group Jemaah Islamiyah. On 24 November 2003, four of the individuals (Ahmad Muaz Ali Bakry, Mohammed Amin, Ahmad Firdaus Kamaruddin and M. T. N.) were released. Shahrulnizam Hamzah, Mohammed Faiz Kamarulzaman, Nurul Mohammed Firki Mohammed Safar and Mohammed Ariffin Zulkarnaen were freed on 10 December 2003, but placed under a Restricted Order for two years, in accordance with section 8(5) of the ISA. The remaining five individuals have been issued with two-year detention orders under section 8 of the ISA, and are currently being detained at the Kamunting Detention Camp in Perak. The family members of those detained under the ISA are allowed access to the detainees at a date and time prescribed by the authorities. Their rights, as guaranteed by the Federal Constitution, remain inviolable, regardless of whether they are detained under the ISA or under any other Act of Parliament.
902. By letter dated 17 December 2003, the Government provided information concerning eight asylum-seekers from NAD province, Indonesia (E/CN.4/2004/56/Add.1, para. 969). The Government informed that the communication did not contain sufficient information to identify the detainees who were allegedly mistreated by the camp guards, and therefore an investigation would not be possible.
903. By letter dated 9 January 2004, the Government provided information concerning
Saudara Udayakumar (E/CN.4/2004/56/Add.1, para. 958). The Government informed that
on 16 January 2003, stemming from reported threats he made to a witness, Mr. Udayakumar
was arrested under section 506 of the Penal Code for criminal intimidation. He was also
arrested under section 228 of the Penal Code for intentional insult or interruption to a public
servant in any stage of a judicial proceeding. Mr. Udayakumar was charged at the Sepang
Magistrate Court on 21 January 2003. For the offence under section 506 of the Penal Code,
the Court handed down a decision of discharge not amounting to an acquittal. There is
currently an appeal by the Attorney General’s office for a fresh hearing of the case. The
charge under section 228 of the Penal Code was withdrawn by the Attorney General. Mr.
Udayakumar has been given access to counsel and has been tried in court according to the due
process of law. At no time was he arbitrarily deprived of any of his rights as guaranteed by the
Federal Constitution, nor was he held incommunicado pending trial of his case.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.