Polis bertindak tidak toleransi dengan menangkap saksi kes inkues Gunasegaran saudara Selvachandran a/l Krishnan

Urgent appeal: 26 Oktober 2010

Polis telah bertindak ganas dan langsung tidak bertoleransi dengan menangkap salah seorang saksi yang menghadiri kes inkues R.Gunasegaran sebelumnya iaitu saudara Selvachandran a/l Krishnan (39 tahun) pada masa lebih kurang 10pm semalam di rumahnya dan ahli keluarganya diberitahu oleh polis bahawa dia akan ditahan selama 60 hari.

Saudara sekarang ditahan di IPK Kuala Lumpur dan ahli keluarganya sedang membuat laporan polis mengenai kes tersebut di Balai Polis Wangsa Maju.

SUARAM berpendirian amat tidak berpuas hati terhadap tindakan polis yang keras serta tidak mematuhi Akta Polis terutama artikel ke 28 dan 28A yang menyatakan tujuan penangkapan terhadap seseorang dan masa tahanan reman tidak boleh lebih daripada 24 jam kecuali bawah Akta Keselamatan Dalam Negeri, Ordinan Darurat atau Akta Dadah Berbahaya 1985 yang bercanggahan dengan prinsip hak asasi manusia.

Suaram berpendirian pihak polis telah melanggari kebebasan hak asasi manusia seperti yang ternyata dalam Perlembagaan Persekutuan dan juga Deklarasi Hak Asasi Manusia dan saksi mahkamah langsung tidak diberi perlindungan malahan ditindas oleh pihak polis.

Tindakan polis seakannya menjatukan keyakinan rakyat malahan jelas menunjukkan sebagai  alat untuk menakutkan rakyat yang berani berdepan sebagai saksi dalam mahkamah demi penegakan keadilan.

Yap Heng Lung

Penyelaras SUARAM

Tindakan semasa diperlukan:

Sila menulis surat bantahan kepada kerajaan dan polis untuk memyuarakan ketidakpuasan terhadap tindakan kekerasan yang dilakukan oleh polis.

Sila menelefon dan menghantar surat kepada:

1.  Ibu Pejabat Polis Kontinjen Kuala Lumpur
Polis Diraja Malaysia
Jalan Hang Tuah
51100 Kuala Lumpur

Telefon : 03-21460522
Faks     : 03-20726786

2. Ketua Polis Negara
Tan Sri Ismail Omar
Ibu Pejabat Polis Diraja Malaysia,
50560 Bukit Aman,
Kuala Lumpur, Malaysia.

Tel: +603 2262 6015
Fax: +603 2272 5613

The Longest Detained ISA Detainee Shamsudin Sulaiman Released Partially but Many More Still Detained Under The ISA

PRESS STATEMENT: 2 SEPTEMBER 2010

Gerakan Mansuhkan ISA (GMI) and Suara Rakyat Malaysia (SUARAM) welcomed the release of Shamsudin Bin Sulaiman, who has been the longest detained Internal Security Act (ISA) detainee since 17 April 2002. He was alleged to be a Jemaah Islamiah (JI) member but till now has not been charge in any open court.

SUARAM and GMI find that the release of Shamsudin Sulaiman as only partial because he is still being restricted to move and will be under police observation. Although we welcome the release but we condemn the government for being selective in the release of the detainees. We demand the government to release all the ISA detainees who has been detained without trial.

Shamsudin Sulaiman
Shamsuddin Sulaiman was arrested on the 17th April 2002 and was the longest serving detainee under the ISA. He was sent to the Police Remand Centre (PRC) at Kampung Batu, and was kept there for 56 days. On 13 June 2002, he was transferred to the Kamunting Detention Centre in the state of Perak. Shamsuddin was an Assistant Accountant at the Health Ministry before he was detained under the ISA. He was arrested because he was ‘perceived to be a threat’ to the country. Initially, he was accused of being a member of Kumpulan Militan Malaysia (KMM), a militant group. Thereafter, the Malaysian authorities dropped this charge against him and accused him of being a member of JI, another militant group. He has been held in solitary confinement for eight years, without charge or trial.

The Home Minister said that Shamsudin Sulaiman was not a threat anymore and there was a recommendation for him to be released.

GMI and SUARAM view this development as another ugly episode of the arbitrary nature of the ISA. Neither clear explanation nor details were given to the nature of the threat or national security risks. In fact under the ISA, the Home Minister has no obligation to disclose to the public or the courts the details of the detention or release. He has absolute power to detain a person without trial or proof, bypassing any judicial process as well as to extent the detention arbitrarily. This is a clear violation of rule of the law.

Detention without trial

The biggest argument against the ISA is the fact that it constitutes “detention without trial” which goes against the basic tenets of human rights. Since its inception, more than ten thousand people have been arrested under the ISA. Currently, there are 18 people still detained under the ISA. Under the ISA, a person is detained without trial or being charged. This means the person is not given an opportunity to be heard in court but is kept behind bars although he has not been found guilty of any offence.

No Amendments, Abolish ISA and the other repressive law!

GMI and SUARAM calls on the Government to respect the people’s demand to Abolish the ISA and other repressive laws that allows for detention without trial such as the Emergency Ordinance (Public Order and Crime Prevention) 1969 (EO) and Dangerous Drugs Act Special Preventive Measures 1985 (DDA). The idea of amending these laws is unnecessary as long as it contains elements of detention without trial. All laws providing for detention without trial should go immediately. We therefore demand the government to abolish the ISA, EO and DDA immediately. We urge the government to pay damages to all the ISA, EO and DDA detainees who have been detained unlawfully under these acts and to resume their life that they have lost for so many years.

Released by,

Nalini. E
GMI Secretariat and SUARAM Coordinator

FASTING MONTH BEGINS WITH HUMAN RIGHTS VIOLATIONS: ANOTHER 3 ARRESTED UNDER THE ISA!

 

PRESS STATEMENT: 11 AUGUST 2010

Gerakan Mansuhkan ISA (GMI) and Suara Rakyat Malaysia (SUARAM) are astonished to learn of the latest arrest under the infamous Internal Security Act (ISA) on the first day of the Ramadhan fasting month.

To invoke the ISA against these individuals is absolutely against the fundamental principles of human rights, justice and international human rights standards.

Those 3 are known as:

  1. Mustawan Ahbab (34) Indonesian
  2. Samsul Hamidi (34) Malaysian
  3. Seikh Abdullah Sheikh Junaidi (70) Malaysian

They were arrested under the Section 73 (1) of ISA alleged to be involved in International terrorist link. Earlier on the 15th July, the government had arrested Mohamad Fadzullah Bin Abbul Razak, (28). He is alleged to be involved in international terrorist networking.

GMI and SUARAM strongly condemn the new arrest under the ISA. The Government must guarantee safety of the detainee and he should be allowed legal assistance immediately. Under the ISA, detainees can be held for up to 60 days in secret locations and in solitary confinement, often in a windowless cell where they lose all sense of time and are at risk of torture and other ill-treatment.

GMI and SUARAM values that the security of the country is of utmost importance and does not condone any terrorist activities, but one’s entitlement to a fair trial should not be deprived on any basis. If the Government has evidence against the suspect, we urge the government to charge him in an open court; otherwise, he should be released without any delay and unconditionally.

It is a shame that the Government is again practicing double standards on issues related to ISA. On one hand, it plans to review the ISA but on the other hand, new detention is carried out discreetly as no prior announc
ements were made. This incident exhibits yet again the true colours of the ISA, which is extremely arbitrary and has been abused in the pretext of national security. We demand the government to release all detainees immediately or charge them in open court.

GMI and SUARAM urge the people of Malaysia to demand for the release of all ISA detainees and for the abolition of the ISA once and for all. For 50 years the ISA has been the dark shadow haunting human rights in Malaysia. Let us fight for our rights and for a better Malaysia without the ISA which allows detention without trial.

Abolish the ISA!!!

Release all ISA detainees!!!

Close KEMTA!!!

Released by,

Nalini.E

GMI Secretariat and SUARAM Coordinator

Federal Court Decision on Former ISA Detainee Abdul Malek Husin: A Negative Development on Human Rights Development in Malaysia

Press Statement: 12 August 2010

Suara Rakyat Malaysia (SUARAM) expresses its grave disappointment and expresses serious concern over the Federal Court judgment today which overturned a RM2.5 million award to former Internal Security Act (ISA) detainee Abdul Malek Husin following an appeal by the Malaysian government.

The Federal court reversed the High Court decision and the Federal Court has upheld the Court of Appeal ruling to overturn a High Court decision his suit against the government. The Federal Court thus ruled that Malek Husin will not receive the damages awarded to him by the High Court and ordered Malek Husin instead to pay RM20, 000 in costs. It’s a total setback to the former detainee and also for the rest of the Malaysians. He was detained without trial for 57days under the ISA; he was tortured, beaten up & now to pay costs RM 20k. Something is really wrong with our judges and judiciary system in Malaysia!

Suaram is of the view that the judgement sets a negative bench mark on human rights development in Malaysia as the court refuse to even hear a fundamental question pertaining Article 5 of the Federal Constitution as it went on to reject the leave application citing Court of Judicature Act. Suaram feels that courts failed to exercise its jurisdiction to address fundamental constitutional rights and civil liberties by choosing to adopt technical grounds per se.

The judgement reaffirms the current worsening culture of impunity and torture by further granting a 20,000 RM cost over a public interest litigation seeking justice over his rights and fundamental liberties that was purportedly violated by the most notorious undemocratic law of the nation. The message sent by the courts is that the only mechanism available to make police actions accountable is laden with risk of reverse punishment in form of a cost. Suaram views that all public interest litigations should not burden litigants with cost or fear of cost in addressing the legal remedy over one’s Constitutional rights and freedom.

The Federal not only refused to hear a question of fundamental rights enshrined in the Federal Constitution but it also went on to punish the person for raising it. The judgement is the biggest blow to our judicial integrity since the controversial Lingam Tape and the controversial appointment of UMNO linked lawyer Tan Sri Zaki Azmi as the Chief Justice of Malaya.

Court Rules In Favour of Human Rights Violators!

SUARAM also views this as another dire attempt by the government to defend the indefensible ISA which allows detention without trial. It is a known fact that all ISA detainees are subjected to severe psychological torture and put in solitary confinement in their 60 days detention. Detention without trial for such a long period without any access to lawyers, family and the outside world is itself a cruel maltreatment to the detainees. Many amongst them, like Male Husin, have been subjected to physical torture while in detention.

Malaysia Accepts Torture?

The Federal Court judgement today, rejecting the findings of the High Court that Abdul Malek was indeed tortured while in detention, did nothing more than to reaffirm the acceptance of torture in the country not only by the Malaysian government – which has still to date refused to ratify the UN’s Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) – but also by the Malaysian judiciary!

SUARAM strongly urges the Malaysian government to immediately ratify the CAT. SUARAM finds no reason for the refusal of the government to do so but for its acceptance of torture as a punishment in the country!

Abolish the ISA!

The absence of judicial checks and balances in ISA detentions has also exacerbated the abuses of power by the police who can get away with impunity. Malaysia cannot call itself a democratic country when there is such a law that permits detention without trial and gross violation of human rights.

SUARAM reiterates its demand that the government abolishes the ISA frees all detainees or accords them a fair trial. SUARAM stands strongly against any law that provides for detention without trial.

Last but not least, SUARAM reaffirms that it will build on the struggles, sacrifices and perseverance of the numerous courageous ex-ISA detainees and their families who have stood up against the draconian law. With the support of the people, SUARAM will continue the struggle until the ISA is finally abolished.

Released by,

Nalini, E.
SUARAM Coordinator

Background

Abdul Malek Husin was arrested on the night of September 25, 1998 after addressing a demonstration earlier that afternoon in Masjid Negara. He accused the police of severely assaulting him, physically and mentally.

In the past trial, Malek Husin told the court that he was slapped by the respondent, Borhan bin Haji Daud when he was arrested. Then he was stripped naked and blindfolded during the interrogation period. He was physically assaulted for about 60 times, beaten-up and hit hard on the head until he passed out. He was also forced to swallow liquid with terrible stench, which deemed to be urine. His interrogators also threatened to inject him with the HIV/AIDs virus.

Malek Husin filed his suit civil suit in March 1999, naming special branch officer Borhan Daud, the then police chief Abdul Rahim Noor and the government as respondents. On 18 October 2007, then Kuala Lumpur High Court judge Mohd Hishamudin Mohd Yunus, ruled that Malek Husin’s detention during the Reformasi demonstrations in 1998, were made in bad faith under Article 5 of the Federal Constitution. He was rewarded RM 2.5 Million for the damages.

On the 25th March, The Court of Appeal’s convened by a panel of three judges, reversed the High Court decision and ruled that Malek Husin detention was lawful and rejected his allegations of torture while in custody. The Court of Appeal thus ruled that Malek Husin will not receive the damages awarded to him by the High Court and ordered Malek Husin instead to pay RM50, 000 in costs.

NATIONWIDE ANTI ISA RALLY IN CONJUCTION WITH 50 YEARS OF ISA: SUCCESS DESPITE OF POLICE BRUTALITY!

PRESS STATEMENT: 2 AUGUST 2010

NATIONWIDE ANTI ISA RALLY IN CONJUCTION WITH 50 YEARS OF ISA:  SUCCESS DESPITE OF POLICE BRUTALITY!

Suara Rakyat Malaysia (SUARAM) and Gerakan Mansuhkan ISA (GMI) strongly condemns the abuse of police powers in cracking down on peaceful Anti ISA candlelight vigils held simultaneously at several states such as Selangor, Penang, Perak, Kedah, Kelantan, Negeri Sembilan, Johor, Sabah and Sarawak.

POLICE BRUTALITY – A NEVER ENDING STORY!

The nationwide Anti ISA vigil was organized by GMI and SUARAM to oppose the Internal Security Act (ISA) in conjunction with the 50th anniversary since the ISA was enacted on 1st of August 1960. In total, 38 participants were arrested during the Anti ISA vigil including GMI Chairperson, Syed Ibrahim, and SUARAM Coordinators Nalini Elumalai, Ong Jing Cheng, Kohila (Secretariat Member), Choo Chon Kai (Penang Branch Secretariat Member) and Arutchelvan (Director of SUARAM). Although this number is comparatively lower than the Anti ISA Rally last year when 589 people including minors were arrested; the 38 arrests by the police yesterday were unnecessary as it was a peaceful vigil.

The police in Petaling Jaya, Penang and Kelantan were far more brutal and arrogant compared to the other states. Although intimidation by the police occurred in other states, the real “champion” of the brutality was the Petaling Jaya Police Chief Arjunaidi Mohamed. Arjunaidi was arrogant and completely unprofessional when dealing with the crowd. He did not allow time for the crowd to disperse or to put it bluntly; he did not know the proper process to disperse a peaceful assembly. In addition, his police officers were brutal and violent when arresting participants. Although the Bar Council and SUHAKAM Commissioners were monitoring the situation at the vigil, the actions of the police proved that they had complete disregard for the basic human rights.

These arrests are a case of abuse of power by the government machineries and a failure to protect and uphold the fundamental rights enshrined in the Federal Constitution. We are deeply shocked and disturbed by this blatant transgression of the rule of law.

THE ISA SHOULD BE REPEALED WITH IMMEDIATE EFFECT

Facing widespread criticism both at home and abroad, the ISA has badly damaged Malaysia’s reputation and this lead the government to finally propose a review of the ISA. However, it is clear that they have no intention of relinquishing this formidable and invaluable crutch of power. They are going all out to sell the idea of amendment, rather than repeal. Considering the history of the ISA, it seems very likely that these amendments will be minor and merely cosmetic, and will not achieve anything in terms of removing its elements of injustice and violation of human rights.

In conjunction with 50 years of ISA, we challenge the Prime Minister Najib Razak to abolish the ISA immediately. SUARAM and GMI will never compromise on the issue of detention without trial. All Acts which allow or have resulted in oppression, torture and abuse of people should have no place in the statutes, and should be abolished without delay. We once again remind the government that we will not stay quiet until we witness the draconian ISA abolished!

Demands Reiterated

SUARAM strongly urges the government to repeal all detention-without- trial laws as these legislations severely violate fundamental human rights. SUARAM also reiterate several other longstanding demands to the government, including:

The immediate establishment of an independent and effective oversight monitoring body to ensure accountability in the police force such as the Independent Police Commission on Misconduct and Complaints (IPCMC) as recommended by the Royal Police Commission

SUARAM and GMI also would like to take this opportunity to thank all the brave Malaysians who turned up yesterday to support the call of the abolition of the ISA. In addition, we would like extend our gratitude to SUHAKAM and Bar Council Human Rights Committee for sending official monitoring teams and finally, to the lawyers from the Bar Council Legal Aid Centre for their roles in upholding Human Rights in Malaysia.

Salam Perjuangan.

Released by,

Nalini.E
SUARAM Coordinator and GMI Secretariat