Mat Sah Bin Mohd Satray was detained on suspicion of being a member of Jemaah Islamiyah, a group which was believed to be affiliated to Al-Qaeda. Although there was no evidence to support the allegation, he has been held under the Internal Security Act (ISA) for more than 7 years. The ISA legitimizes arbitrary detention up to two years which could be extended without trial. The UN Working Group on Arbitrary Detention has stated that detention of the victim was arbitrary and violated articles 9 and 10 of the Universal Declaration of Human Rights. Regrettably, the victim was still arbitrarily detained.

While the government has released a few ISA detainees in May, at least three more persons, Mr. Sulaiman Bin Bukhari, Mr. Latif Bin Omar and Samsudin (full name is unknown), were arrested under ISA on 25 June 2009. This reveals that the government has no commitment in repealing the draconian law.

To support the local and regional efforts for the abolition of the ISA, SUA030121(1) was issued in January 2003.

Sources:
Gerakan Mansuhkan ISA (GMI),
International Organization Against Torture (OMCT),
Aliran Online (Malaysian independent human rights journal)

Due to the continuous efforts of the civil society, the government was expected to review the Internal Security Act (ISA) when the Law Reform Committee held the meeting in the first week of May 2009. Ragunath Kesavan, president of the Malaysian Bar, finds it positive that the government is aware of public resentment towards the ISA. He recommended the review should narrow down the scope of the law and permit substantive review of the detention. In a long run, he advocates that the ISA should be abolished.

Three members of the Hindu Rights Action Force were released on 9 May 2009. However, it was reported that one of them was released with conditions, such as a ban on speaking to the media and a curfew. According to the figure of Aliran, an independent human rights journal, as of April 2009, there are at least 27 persons detained under the ISA. It is believed that most of them were detained in relation to religious and racial issues.

To support the call to abolish the ISA, ACPP issued SUA030121(1) in January 2003.


Sources:
SUARAM,
Aliran,
OMCT,
Amnesty International

Human rights situation in Malaysia was examined in the Universal Periodic Review at the United Nations Human Rights Council on 11 February 2009.  The Working Group on the Universal Periodic Review, which comprised of 47 members of the Human Rights Council and observers, recommended the Malaysian government to repeal or amend the ISA.  In the conclusions and recommendations of the report, the Working Group urged that ISA and domestic security laws should be in line with international human rights standards, including increasing legal safeguards of detainees and abolishing the practice of long detention without trial.

Amnesty International estimates that there are at least 50 people who are held without charge or trial under the ISA, including five leaders of the Hindu Rights Action Force.

ACPP is concerned about the Internal Security Act (ISA) that legalizes arbitrary detention and has become a tool to suppress freedom of expression.  To support campaign to abolish the ISA, SUA030121(1) was issued in January 2003.


Sources:
Report of the Working Group on the Universal Periodic Review
Malaysia, Human Rights Council
Amnesty International

 

The court ruling to free Raja Petra Kamaruddin was a landmark success for the movement to abolish Internal Security Act (ISA).  The prominent activist and blogger Raja Petra, founder of the website Malaysia Times, who was detained without trial under the ISA for eight weeks, was released on 7 November 2008.  The government alleged that Raja Petra was a threat to national security having published articles that it said “created racial tension”.

Raja Petra’s release was attributed to court ruling that it was unconstitutional for the government to put him under detention.  The High Court of in the state of Selangor held that Home Minister Syed Hamid Alba acted outside his power by issuing order to hold Raja Petra in detention without charge and trial.  Raja Petra’s lawyer, Mr. Malik Imtiaz Sarwar, expressed that it was the first time that the court interfered in the detention order issued from the home minister since 1989.

Hotline Asia hopes that the case will set a precedence to protect political dissidents and all victims of ISA from arbitrary detention.  To support the abolition of ISA, Hotline Asia issued SUA030121(1) in January 2003.


Sources:
South China Morning Post
BBC News

Three opposition members and journalists were arrested on 12 September 2008 under the Internal Security Act (ISA), which allows indefinite detention without trial.  The three arrested were Ms Tan Hoon Cheng, a journalist of Sin Chew Daily; Raja Petra Kamaruddin, a prominent blogger, and opposition Democratic Action Party lawmaker Ms Teresa Kok.

 Ms Tan’s arrest was believed to be linked to her recent report on ruling United Malays National Organization (UMNO) official Ahmad Ismail’s inflammatory remarks against Chinese, describing the Chinese community as 'squatters'.

Raja Petra Kamaruddin was a prominent blogger well-known for his anti-government stance.  Earlier, his website, Malaysia Today, was shut down by the government but was soon restored.  Newspapers reported he was arrested because of the controversial articles on his website which was deemed as anti-Islam.

Ms Kok was accused of stirring up religious sentiments as she campaigned for a mosque to tone down volume for its call to prayer.  However, the mosque committee has clarified that Ms Kok was not involved in the residents’ petition about the volume.

Shortly after the crackdown, Law Minister Zaid Ibrahim resigned in September to protest against the use of ISA against the opposition memebers and journalist.  He stated that the ISA should only be used against terrorism.  Disappointed with the ruling coalition and frustrated with the failure of introducing reforms, he expressed his consideration to join the opposition after resignation.  Education Minister Hishammuddin Hussein also spoke out against the use of the ISA against Ms Tan.  Meanwhile, several ministers also criticized the arrests but claimed that Cabinet was not consulted in the cases.

Tan Hoon Cheng was later released after an 18-hour detention, and Ms Kok was released on 19 September, while Raja Petra remained in detention.

Although Ms Kok and Raja Petra’s arrests were allegedly related to insulting Islam or stirring up religious sentiment, they got support from Muslim leaders and organizations.  Perlis Mufti Asri Zainul Abidin, the highest appointed Islamic official in a state, criticised the arrest of the opposition, stressing that it was wrong to forbid a person to defend himself.  In addition, Muslim Professionals Forum and Pertubuhan Jemaah Islah Malaysia, two prominent Muslims groups in Malaysia also urge the government to release Ms Kok and Raja Petra.  'The use of the ISA is excessive, inhumane and runs counter to Islam's principles of justice,' Muslim Professionals Forum said.

Restriction to civil and political rights should not be imposed under pretext of national security.  Hotline Asia supports the call on abolition of the ISA, and issued SUA030121(1) in January 2003.


Sources:
The Straits Times (Singapore)
The Business Times (Singapore)

Buhary Seyed Abu Tahir who has been detained for four years under the Internal Security Act (ISA) was released on 23 June 2008.  He was held for alleged links with a nuclear black market involved in proliferation of nuclear weapons technology.  Despite the good sign of the release of BSA Tahir, currently there are still about 65 detainees behind bars in Kamunting Detention Camp. Some have been detained for more than six years.

To call on the abolishment of the ISA which violates the rule of law, Hotline Asia issued SUA030121(1) in 2003.


Sources:
Forum Asia

On 9 November 2006, the Kuala Lumpur High Court allowed the appeal made by the Attorney-General’s Cambers for a re-trial of 7 former University students for illegal assembly in connection with a protest rally against the Internal Security Act (ISA) held outside the National Mosque on 8 June 2001. They will have to enter their defense when the case is heard before the Magistrate’s Court scheduled for 13-16 March 2007.

The High Court judge Mohtarudin Bakri overruled the judgment of the Magistrate’s Court in April 2005 to free the 7 students by claiming that the lower court had failed to consider the following elements:

1. It was an illegal assembly or gathering because there were more than 3 people who participated.
2. The assembly was not of a spontaneous nature but was planned.
3. There was no permit issued by the police for the assembly.
4. All the accused directly participated in the assembly.
5. All of them took part in the assembly without any individual permit issued to them.

The 5 who turned up on 9 November for the case were Nik Norhafizi Nik Ibrahim, Zulkefle Idris, Rafzan Ramli, Helman Sanuddin, Khairul Amal Mahmud. They were required to pay a bail of RM 2,500 each.

The other two, Ahmad Kamal Abdul Hamid and Wan Mohd Sanusi Wan Mohd Noor, needed to attend and hear the decision of the court on 20 November 2006.

In view of the growing detention of activists under the ISA since 2001, as well as the growing movement against it in the following years, Hotline Asia issued SUA030121(1) to support Amnesty International’s campaign to express and sustain concern for people who become victims of the ISA.

Sources:
Amnesty International

The detention orders of Ahmad Yani Bin Ismail and Abdul Samad Shukri Mohamad, who were arrested on 29 December 2001, were extended again at the end of February 2006 for another two years. Like the other 17 detainees whose detention orders are expiring at this time, there were no reasons given for their extension.

The above detainees were detained under Internal Security Act (ISA), in which their detention can be renewed indefinitely. To know more, please refer to SUA030121(1), issued by Hotline Asia in 2003.

Sources:
Amnesty International

Ahmad Yani Bin Ismail and Abdul Samad Shukri Mohamad were arrested on 29 December 2001 in Selangor State. They have remained in detention since then and have not been tried in court. They were detained under the Internal Security Act (ISA), which allows the police to arrest and detain any person they believe to be a `threat' to national security or economic life of Malaysia for up to 60 days for investigation. Police can extend the detention for 2 years, renewable indefinitely.

Their detention orders were renewed in 2004 for an additional two years. Their current detention orders will expire at the end of February 2006.

In response to the above situation, Amnesty International is asking people from all over the world to write letter or cards of support to the detainees and their family before the end of February 2006. In the letter, please do not mention you are a member of Amnesty International and do not write any controversial subjects, such as politics or religion, as all mail is censored and this may prevent the detainees from receiving your letters. The addresses are as below:

To the detainees:

[name of prisoner]
Tempat Tahanan Perlindungan Kamunting
(Kamunting Detention Centre)
34009 Taiping
Perak,
MALAYSIA

To the detainees' families:

Family of [name of prisoner]
ISA Detainees' Family Centre
24 Jalan SS 7/24
Kelana Jaya
47301 Petaling Jaya
Selangor Darul Ehsan
MALAYSIA

Sources:
Amnesty International

In September 2003, students aged between 16 and 21, all Malaysian nationals, were detained by Pakistani authorities, and held without charge for 2 months before being returned to Malaysia where they were immediately arrested by Malaysian police. In response to the arrests, the Malaysian Human Rights Commission (SUARAM) called on the authorities not to misuse the ISA, and to complete investigations into the cases of those held under the Act quickly and in good faith.

In July 2004, the UN Working Group on Arbitrary Detention considered that:

"the incommunicado detention without trial [of the five detainees] is a violation of their fundamental human rights. The authorities should produce them before a competent and impartial court and present evidence of their alleged acts or release them immediately if evidence can not be provided... The Working group considers that administrative detention on such grounds, even being in conformity with a domestic law means to deny the opportunity of a fair trial by an independent and impartial judiciary authority".

It consequently considers the detention as arbitrary.

"The UN Working Group decision is a great victory for human rights defenders in Malaysia since it goes much beyond the individual cases at stake : the UN body questions the legality of the ISA under international human rights law", said Sidiki Kaba, President of the FIDH (The International Federation for Human Rights). SUARAM is a member organization of FIDH in Malaysia.

Hotline Asia issued Urgent Appeal SUA030121(1) to support Amnesty International's campaign against the ISA arrests in Malaysia (ASA 28/002/2003: 'Fear of torture or ill-treatment / fear of incommunicado detention' )

Sources:
SUARAM: http://www.suaram.net/display_statement.asp?ID=96
FIDH: http://www.fidh.org/article.php3?id_article=1654

Although the 6 reformasi activists detained under the Internal Security Act (ISA) in 2001 were released in June 2003, people still continue to be arrested in Malaysia, including minors.

In September 2003, 13 students aged between 16 and 21, all Malaysian nationals, were detained by Pakistani authorities, and held without charge for 2 months before being returned to Malaysia where they were immediately arrested by Malaysian police.  These students had been studying at two Islamic universities in Karachi, Pakistan.  In response to the arrests, the Malaysian Human Rights Commission (SUHAKAM) called on the authorities not to misuse the ISA, and to complete investigations into the cases of those held under the Act quickly and in good faith.  Human rights organizations also expressed concern for the detention of the minors in this case.

The ISA has been repeatedly criticized by domestic and international human rights organizations, as it violates fundamental human rights and has been used as a tool to suppress peaceful political, religious, academic and social activities perceived as threats by the authorities.  They continue to call for the release or fair trial of those who are detained under the ISA, and for the repeal of this unjust law.  More information about the ISA and related cases can be found in Amnesty International

http://web.amnesty.org/pages/mys-200503-action-eng, ALIRAN
http://www.aliran.com/ms/2003/1118.html and SUA030121(1).

Sources:
Amnesty International, Aliran and SUARAM

31 July 2002
Update on Arrests under ISA in Malaysia

All 6 reformasi activists detained under the Internal Security Act (ISA), were released from Kamunting Detention Centre in June 2003 upon the expiry of their two year detention orders. However, it is believed that more than 70 people remain in detention under the ISA and have not been tried in court for any crime.

Saari Sungib, Tian Chua, Hishamuddin Rais, Mohd Ezam Nor, Badrulamin Bahron and Lokman Noor Adam were arrested in April 2001 while organizing a demonstration to mark the second anniversary of the sentencing of former Deputy Prime Minister Anwar Ibrahim (jailed for 15 years on politically motivated charges in an unfair trial). They were held for allegedly planning to topple the government through violent means. No evidence has ever been presented to support these claims and none of them have ever been tried in court on these charges. Members of Amnesty International (AI) all over the world, as well as Malaysian activists and global solidarity groups, have campaigned for the release of these men since their arrest. Hotline also supported these campaigns in 2001.

According to Amnesty International, the legislation violates internationally recognized human rights standards, and has been used against people peacefully expressing their religious and political beliefs. Allowing for arrest without a warrant and indefinite detention without trial, hundreds of people have spent years, and in some cases decades in prison without ever appearing in court. Through a combination of solitary confinement, incommunicado detention and aggressive interrogation techniques, some detainees have been subjected to physical and psychological ill-treatment, sometimes amounting to torture.

Local groups continue to campaign for the remaining ISA detainees, with the ultimate aim of abolishing ISA. They assert that Malaysia's internal security legislation needs to be amended to conform with international human rights standards, including the right to peaceful freedom of expression, association and assembly, and the right to a fair and public trial or repealed.

Source:
Amnesty International
SUARAM

For further information:
http://web.amnesty.org/pages/mys-200503-action-eng

There is no further information regarding the 2 men (names unknown) from religious schools arrested on 11 January 2003 under the Internal Security Act (ISA) of Malaysia. However, people continue to be arrested under the ISA for alleged militant activities. Recently, Abdul Manaf Kasmuri was arrested on 20 February and Mohamad Amin Musa on 9 March, both under the ISA.

Under the ISA, the police may detain without warrant any person deemed a threat to the national security or economic life of Malaysia for up to 60 days for investigation. The Minister of Home Affairs can subsequently issue an indefinitely renewable two-year detention order, without trial. Those detained under the ISA have in the past been denied access to lawyers and their families, and been held in solitary confinement during the first 60 days of their detention. Detainees have reported being subjected to ill-treatment and in some cases torture, during their first 60 days of detention.

Anyone wishing to do further work on the ISA is encouraged to participate in the action being prepared by the Amnesty International from April to June. Please keep posted or go directly to the AI web site at www.amnesty.org

Meanwhile, SUARAM, a local human rights organization in Malaysia, appeals for solidarity action on 10 April 2003 for the 6 political prisoners, Tian Chua (vice president of National Justice Party and a labor and human rights activist), Hishamuddin Rais (a film director and a reform movement
activist), Mohd Ezam Mohd Noor (Youth Chief of National Justice Party), Saari Sungib (reform movement activist), Dr Badrulamin Bahrom (Central Committee member of National Justice Party), and Lokman Adam (Youth leader of National Justice Party), who were detained on 10 April 2001 prior to a mass demonstration against the Mahathir government to mark the first anniversary of the injustice imprisonment of former deputy prime minister, Anwar Ibrahim, who was convicted on 14 April 2000.

The following is the message of SUARAM's appeal:

We appeal to you to extend your solidarity support to these six political prisoners. The call for the release of the political detainees has come more urgent now as the highest court in Malaysia - the Federal Court has ruled on 6 September 2002 that their first 60-day detention by the police under section 73 of the Internal Security Act (ISA) was unlawful and in bad faith. However, the political prisoners are still not released because their detention were extended to another two years under section 8(1) of the ISA before the first 60-day detention lapsed in June 2001. This made the habeas corpus challenge on the detention made under section 73 of the act an academic exercise. We hope you would be able to do one or more of the following actions to support our campaign calling for the immediate and uncondition release of these political prisoners: Send protest letters via email, fax to the following people and diplomatic representatives of Malaysia accredited to your country: Minister of Home Affairs & Deputy Prime Minister Dato Abdullah Haji Ahmad Badawi Ministry of Home Affairs (Menteri Dalam Negeri) Aras 13, Blok D1 Parcel D, Pusat Pentadbiran Kerajaan Persekutuan 65202 Putrajaya, Selangor, Malaysia Telegram: Minister of Home Affairs, Ministry of Home affairs, Selangor, Malaysia Fax: + 60 3 8886 8014 E-mail: tpm@smpke.jpm.my Salutation: Dear Minister of Home Affairs COPIES TO: Chairman, Human Rights Commission (SUHAKAM) Ybhg. Tan Sri Abu Talib Suruhanjaya Hak Asasi Manusia Malaysia 29th Floor Menara Tun Razak Jalan Raja Laut 50350 Kuala Lumpur, Malaysia Fax: + 60 3 2612 5620 E-mail: humanrights@suhakam.org.my Salutation: Dear Chairman Organise peaceful protest gathering on 10 April 2003 in front of the Malaysian Embassy in your country and call for the immediate release of these six political detainees. Please contact Yap Swee Seng (suaram@suaram.org) if you are able to organise solidarity protest for the political prisoners. You can also download the logo of the campaign and the picture of the detainees from www.suaram.org/isa For more information of the campaign, please visit www.suaram.org/isa Suara Rakyat Malaysia (SUARAM) Web: www.suaram.org

Please refer to our updates or web sites for further information and campaigns.

Sources:
Amnesty International and SUARAM