Update
8 November 2001

According to local sources, National Justice Party leader, Badrul Amin Baharom, was released from the Kamunting Detention Camp on 3 November 2001, after 287 days of detention without trial.

Arrested in April together with nine others under the ISA for alleged involvement in a militant attempt to overthrow the government, Badrul and five other detainees were sent to Kamunting under a two-year detention order without trial in June. No reason was given for his release, nor was there signs of early release as well for the other detainees.

Badrul Amin's family is very happy about the news and thanks all who have extended solidarity and support for his release.

Currently, Lokman Nor Adam, Tian Chua, Haji Saari Sungip, Mohd Ezam Mohd Noor and Hishamuddin Rais are still in Kamunting. Their recent Habeus Corpus appeal had been rejected.

Local organizations continue to urge support for their campaigns until the last ISA detainees are released and the draconian ISA is abolished.

Sources:
Suaram
World Organisation Against Torture (OMCT)

Update
30 October 2001

Following Amnesty International's campaign to support the ISA detainees, Hotline recieved the following update and recommended action about the six Malaysians, Tian Chua, Mohd Ezam Mohd Noor, Haji Saari Sungip, Hishamuddin Rais, Badrul Amin Baharom and Lokman Nor Adam, detained under ISA since April 2001:

More information on the current situation of the detainees can be found in Amnesty International's web site at:

http://www.web.amnesty.org/ai.nsf/recent/ASA280292001?OpenDocument   or
http://www.web.amnesty.org/ai.nsf/print/ASA280292001?OpenDocument (for printer friendly version)

Update
13 August 2001

In April, Hotline disseminated Amnesty International's requests to support the 10 Malaysians detained under the Internal Security Act (ISA). As of 30 June 2001, their latest status is as follows:

• Four detainees have been released since early June
  - N. Gobala Krishnan
  - Abdul Ghani Haroon
  - Raja Petra Kamaruddin
  - Badaruddin Ismail

• By 13 June, six have been sent to Kamunting Detention Centre
  - Mohd Ezam Mohd Noor
  - Tian Chua
  - Hishamuddin Rais
  - Haji Saari Sungip
  - Badrul Amin Baharom
  - Lokman Nor Adam
  under detention orders that will imprison them for two years without trials under ISA.

In July and August, arrests of opposition members under ISA have continued in different parts of the country.

• On 5 July 2001, Khairul Anuar Ahmad Zainuddin, a student leader from Institut Kemahiran Mara, was arrested under ISA. Khairul was released on 28 July.

• On 6 July 2001, Mohamad Fuad Mohd Ikhwan, president of the Student Representative Council of University Malaya, was also arrested under ISA.

• On 2 August 2001, Norashid Sakip, Pan Malaysian Islamic Party (PAS) Youth chief, was arrested and detained under Section 73 of the ISA.

• According to a local source, Mohd Lothfi Ariffin and Nik Adli Nik Abdul Aziz (Kelantan Chief Minister's son) were also arrested under ISA on 3 and 4 August, respectively.

In order to show your awareness and concern for the detainees arrested under ISA - a law that allows any person to be arrested for a period of not exceeding 60 days for police interrogation, as well as detention for two years without trial - please continue to WRITE LETTERS to Malaysian authorities urging that ISA detainees be released and the ISA be repealed so that it no longer allows for detention without trial of those exercising their right to freedom of expression or assembly.

Please join the PETITION at http://www.stoptorture.org/urgent/index.php (your action is still needed) or SEND LETTERS TO:

The Prime Minister of Malaysia
Dato Seri Dr. Mahathir bin Mohamad
Prime Minister's Office
Federal Government Administration Center, 62502 Putrajaya, MALAYSIA
Fax : 60 3 8888 3444
Salutation: Dear Dr. Mahathir

SEND COPIES TO:

Chairman, Human Rights Commission (SUHAKAM)
Ybhg. Tan Sri Musa Hitam
Suruhanjaya Hak Asasi Manusia Malaysia
29th Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia
Fax: 603 2612 5620
E-mail: humanrights@humanrights.com.my

Minister of Home Affairs and Deputy Prime Minister
Dato' Abdullah Haji Ahmad Badawi
Menteri Dalam Negeri, Jalan Dato Onn, 50502 Kuala Lumpur, Malaysia
Fax: 603 230 1051 or 603 230 1217
Email: tpm@smpke.jpm.my

Please keep posted for further information, updates and action.

Sources:
ALIRAN
Women's Development Collective

SAMPLE LETTER

Thank You for Your Continued Support.

Update
14 June 2001

One of the three detainees, Badaruddin Ismail, whose status was previously unknown, was reportedly released on 5 June. According to the close friend of the detainees, the four ISA detainees, who were sent to Kamunting Detention Center for two years without trial, are allowed to receive unlimited letters, but could only send one letter per week. To help lifting their spirits, please consider sending letters/postcards of solidarity to the Mohd Ezam Mohd Noor, Tian Chua, Hishamuddin Rais and Haji Saari Sungip at:
Kamunting Detention Center
34600 Taiping, Perak,
Malaysia

Update
5 June 2001

On 27 April, Hotline disseminated Amnesty International's requests to support the 10 Malaysian detainees arrested under ISA between 10 and 26 April. Their latest status as of 4 June are as follows:

• 3 detainees have been released: 2 of them (Abdul Ghani Haroon dan N. Gobala Krishnan) through Habeas Corpus Application of Justice Datuk Hishamuddin Mohd Yunus; and one (Raja Petra Kamaruddin) by the police.

• 4 (Mohd Ezam Mohd Noor, Tian Chua, Hishamuddin Rais and Haji Saari Sungip) were sent to Kamunting on detention orders that will imprison them for two years without trials under the Internal Security Act (ISA), an act which violates all international norms related to arrests, detentions and fair trials.

Status of the other 3 (Badrul Amin Baharom, Badaruddin Ismail, Lokman Nor Adam) is unknown. They have reportedly also filed habeas corpus applications to be heard on June 14th. The Abolish ISA Movement, a coalition of Malaysian NGOs, is expected to hold a mass rally on 9 June 2001, in the hope of securing the immediate release of the ISA detainees.

Please keep posted for further information, updates and action.

Update
10 May 2001

As of 7 May 2001, almost one month after the first Internal Security Act (ISA) detainees were arrested on 10 April, the police still has not permitted the Malaysian Human Rights Commission, SUHAKAM, to visit the detainees. On 3 May, a local paper, The Sun's headline stated: 'Suhakam gets green light to visit ISA detainees.' However, as Suhakam Commissioner, Tan Sri Anuar Zainal Abidin, requested to visit the detainees, the police claimed SUHAKAM will be permitted to visit 'at an appropriate time' to be solely determined by them. (In law, the authorities have no excuse to deny Suhakam Commissioners' legitimate access to the detainees because it is an Act of Parliament that has established Suhakam, and confers powers and authority upon its Commissioners, including access to places of detention.) This raises much concern for the welfare and safety of the 10 detainees since no one was yet seen them. It has been a well known fact that former ISA detainees have documented evidence of harsh and cruel treatment while they were in the hands of the police.

On Thursday, 4 May 2001, while presiding over the habeas corpus applications filed on behalf of Abdul Ghani Harun and N Gobala Krishnan (2 of the ISA detainees), Justice Datuk Hishamuddin Mohd Yunus ruled that ISA detainees have both a legal right and a constitutional right to be protected under the law. Justice Hishamuddin's judgment confirms that the police should not be allowed to hide the ISA detainees from the Courts. However, according to ALIRAN (National Consciousness Movement), the police, their political masters and the prosecution will not accept this judgment, but will do whatever they can to have the judgment overturned. Hence, although J. Hishamuddin's judgment on ISA is encouraging, there is no reason to relax opposition to the ISA. ALIRAN invites all to oppose all injustices committed under ISA until all detainees are freed and this despicable instrument of authoritarian rule is abolished.

Please go to Amnesty International's online petition on torture of the Malaysians: http://www.stoptorture.org/urgent/index.php
It takes less than a minute to register and sign the petition. These are then sent to the Malaysian authorities.

Sources:
ALIRAN Website: http://www.malaysia.net/aliran/ or http://www.aliran.com/
Visiting ISA Detainees: SUHAKAM Must Act Urgently; 7 May 2001
LETTER TO THE MEDIA - AN AFFRONT TO PARLIAMENT; 27 April 2001

Malaysia: Human Rights Activists at Risk of Torture
AI Index ASA 28/008/2001 - News Service Nr. 75
26 April 2001

Today's arrest of human rights activist Badaruddin Ismail under the Internal Security Act (ISA) shows the Malaysian authorities are determined to curb legitimate activities in defence of human rights as well as political dissent, Amnesty International said today.

Badaruddin Ismail, a member of leading human rights organization Suaram, had been assisting the families of the victims of arbitrary arrest and documenting an inquiry into police brutality. No reasons for his arrest have been given and he is at risk of torture.

"The Malaysian government has cracked down on its critics by locking away ten activists, mostly from the opposition National Justice Party, in the last two weeks. None of the activists have access to their families or lawyers and all are at risk of police brutality," the organization said calling for the ten, who are prisoners of conscience, to be released immediately.

Prime Minister Mahathir Mohamad has denied the arrests of National Justice Party members were politically motivated, saying that police had evidence that they planned to use explosives and weapons in street demonstrations to overthrow the government. No such evidence has been made public or presented in court.

The Malaysian Human Rights Commission, Suhakam, which called for the release of the detainees, has been denied permission to visit them.

Suhakam, the Malaysian Bar Council, leading opposition parties, non-governmental organizations and Amnesty International have all expressed concern for the safety of the detainees and intensified their calls for the repeal of the ISA. A new coalition has been formed called the "Abolish ISA Movement".

"The Malaysian government should not ignore calls for the repeal of the ISA. Using it to silence critics is a regressive move which inflicts great damage on human rights in a free society," Amnesty International said.

More than 9,300 people around the world have signed Amnesty International's online petition (www.stoptorture.org) expressing concern for the safety of the detainees. The organization's members will continue to write directly to the Malaysian authorities urging the detainees be released and the ISA be either repealed or amended so that it no longer allows for detention without trial of those exercising their right to freedom of expression or assembly. \ENDS

public document
****************************************
For more information please call Amnesty International's press office in
London, UK, on +44 20 7413 5566
Amnesty International, 1 Easton St., London WC1X 0DW
web : http://www.amnesty.org

PUBLIC AI Index: ASA 28/007/2001
26 April 2001

Further information on UA 94/01 (ASA 28/006/2001, 11 April 2001) - Fear of torture or ill-treatment / incommunicado detention without charge or trial/ prisoners of conscience

MALAYSIA Tian Chua [m], Vice President, Parti Keadilan Nasional (PKN)
Mohd Ezam Mohd Noor [m], National Youth Chief, PKN
Haji Saari Sungip [m], PKN activist
Hishamuddin Rais [m], media columnist and social activist
Raja Petra Kamaruddin [m], Director of Free Anwar Campaign
N. Gobala Krishnan [m], Secretary General, PKN Youth
Abdul Ghani Harun [m], PKN Youth Central Committee member
New names: Badaruddin Ismail [m], human rights defender
Dr Badrul Amin Baharom [m], PKN Youth leader
Lokman Nor Adam [m], Executive Secretary, PKN Youth Wing

Malaysian police have arrested another two opposition politicians and a human rights defender, bringing to ten the total number of detainees held under the Internal Security Act (ISA), which allows for indefinite incommunicado detention without charge or trial. They are being held in an unknown place of detention and denied access to their families and lawyers. They are all at grave risk of torture or ill-treatment.

On 26 April Malaysian police arrested human rights defender Badaruddin Ismail, who is a member of the secretariat of a leading human rights organization, Suara Rakyat Malaysia (Suaram), Voice of the Malaysian People. He had been assisting families of detainees and documenting an official enquiry into police brutality. The authorities have given no reasons for his arrest. Amnesty International believes that he has been arrested because of his peaceful activities in defence of fundamental human rights.

Dr Badrul Amin Baharom was arrested on 20 April in the capital, Kuala Lumpur, and Lokman Nor Adam was arrested in Shah Alam in the state of Selangor on 20 April. Both men are leading members of the opposition party, Parti Keadilan Nasional (PKN), National Justice Party.

The seven opposition politicians previously arrested have now been held incommunicado for over two weeks, and fears are mounting that they may have been tortured. The police have refused to reveal their exact place of detention. The Prime Minister, Dr Mahathir Mohamad, has denied that the arrests are politically motivated and has defended the detention without trial, claiming that the police have evidence that the PKN activists were planning to use explosives and weapons in street demonstrations to topple the government. No evidence supporting this accusation has been made public or presented before the courts. Amnesty International believes the real reason for the arrests is to suppress legitimate peaceful dissent, and considers all the detainees to be prisoners of conscience.

The seven detainees' lawyers have sought to challenge the legality of their arrests and have called for them to be brought before a court. However, on 25 April a High Court judge dismissed the habeas corpus petition issued by the lawyers of five of the detainees, ruling that the court had no jurisdiction over the matter as the arrests had been carried out by the police in line with the powers accorded to them under the ISA. The families of the detainees plan to lodge an appeal against the decision. A similar application on behalf of two other detainees is currently pending before another court.

The Malaysian Human Rights Commission, Suhakam, have requested access to the detainees, but so far the police have failed to respond to the request. Suhakam have also called for their release, and urged for the ISA to be repealed or amended to prevent it from being used to violate fundamental human rights. The High Court judge reportedly criticized Suhakam's demand, calling it an "interference with the lawful exercise of discretion by the police". Other groups representing Malaysian civil society, including the Bar Council, leading opposition parties and non-governmental organizations, have also expressed concerns for the safety of the detainees, and have intensified their calls for the repeal of the ISA.