ISA DETAINEE MOHD FADZULLAH HAS BEEN SENT TO KAMUNTING UNDER A TWO YEAR DETENTION ORDER

SUARA RAKYAT MALAYSIA GERAKAN MANSUHKAN ISA

PRESS STATEMENT: 13 SEPTEMBER 2010

Gerakan Mansuhkan ISA (GMI) and Suara Rakyat Malaysia (SUARAM) strongly condemn the two-year detention order of Mohamad Fadzullah Bin Abdul Razak made by the Home Minister. Fadzullah was transferred to Kamunting on 2nd September 2010 without the knowledge of his family and lawyers. His lawyers had already informed Bukit Aman on their representation on behalf of Fadzullah.

Fadzullah, 28, was arrested under the ISA on 15th July 2010. He is alleged to be involved in international terrorist networking. But these allegations have not been proved in any open court in Malaysia since the day he was detained under the ISA. In fact, we are doubtful that these allegations would even withstand the test of an open and independent trial.

The Executive order for a two year detention without trial is a gross travesty of justice. Fadzullah has been denied basic human rights as enshrined in the Universal Declaration on Human Rights, namely the right to a fair trial, the right to defend oneself in an open and independent court, the right to legal counsel and the right to be presumed innocent until proven guilty.

We believe the invocation of Section 8 of the ISA for a two-year detention period was calculated to impede the lawyers’ effort to file a writ of habeas corpus to challenge Fadzullah initial detention under the Section 73(1) of the ISA. He has not given an opportunity to question his detention under the ISA. This is an old tactic and modus operandi has been used in many cases to ensure that any writ for habeas corpus will be deemed academic since the detainee has been detained under a different Section of the law and by a different arm of the executive government.

On a related development, GMI and SUARAM have been informed that Sheikh Abdullah Sheikh Junaidi (70), a Malaysian who was detained on 11th August, has been released from the detention on 25th of August. He had been arrested together with Mustawan Ahbab (34), an Indonesian, and Samsul Hamidi (34), a Malaysian; both of whom are still serving their 60 days detention under Section 73(1) of the ISA.

Although GMI and SUARAM welcome the release, we view this as yet another selective release and stand strongly with our principal value that no one should be detained under the ISA or any form of detention without trial laws.

Clearly, despite the recent appointment of Malaysia to the United Nations Human Rights Council and the pledge by the Malaysian government to promote and protect human rights vis a vie its plans to amend the ISA remains mere rhetoric and empty promises to the Malaysian Rakyat and the international community. The people of Malaysia are against the ISA, torture and other forms of human rights violations. We demand that the government abolish the ISA and put an end to violations of the fundamental rights of human beings!

Released by,
Nalini.E
GMI Secretariat and SUARAM Coordinator