Release Political Prisoners Under ISA!

URGENT APPEAL: 12 SEPTEMBER 2002

Background

On 6 September 2002, the Federal Court ruled that the first 60 days detention of five reformasi leaders, namely Tian Chua, Mohad Ezam Mohd Nor, Hishamuddin Rais, Saari Sungib and Raja Petra under the Internal Security Act (ISA) by the police is UNLAWFUL. They had unanimously agreed that the detentions in April 2001 by the police were made in bad faith.

The Federal Court is the highest court in Malaysia and the judgement was made by Chief Justice Mohamed Dzaiddin Abdullah, Chief Judge of the High Courts of Sabah and Sarawak Steve Shim, Justice Siti Norma Yaakob and Justice Abdul Malek Ahmad.

The ISA provides the government with power to arrest anyone suspected to be prejudicial to national security without charge or trial.

HOWEVER, THE FEDERAL COURT DECISION DID NOT RESULT IN THE RELEASE OF THE FOUR POLITICAL PRISONERS!

As the habeas corpus application is filed against the detention made by the police under section 73 of the ISA, which empowers the police to arrest up to 60 days those suspected of committing activities prejudicial to national security, the Federal Court ruled that the judgement would not affect the two-year detention orders signed by the Home Minister Abdullah Ahmad Badawi under Section 8(1) of the ISA. The Federal Court adviced the lawyers of the political prisoners to file in a fresh habeas corpus application to challenge the two-year detention.

Tian Chua, Mohad Ezam Mohd Nor, Hishamuddin Rais, Saari Sungib and Raja Petra were arrested in April 2001 for allegedly trying to topple the government through militant means. The lawyers filed in the habeas corpus application in April 2001 to challenge the detention. Before the first 60-day detention lapsed, Raja Petra was released on 2 June 2001 while the other four were served an order to extend their detention to two years at the Kamunting Detention Center.

Until today, the government has not produce any evidence to substantiate their allegations thrown at the political prisoners. Amnesty International has declared the detainees as prisoners of conscience.

Two other political prisoners who were arrested together with the five reformasi leaders in April 2001 and are still being detained under the ISA at the Kamunting Dteention Camp, are Dr. Badrulamin and Lokman Nor Adam. They did not file in habeas corpus application.

We call upon you to give solidarity support to these political prisoners and to pressure the Malaysian government for immediate and unconditional release of these political detainees.

ACTION/CONTRIBUTION REQUIRED :

Send protest letter/ fax in the next few days to urge the Malaysian government to adhere to rule of law and demand for the immediate and unconditional release of the political prisoners.

All protest letters/ fax should target:

Datuk Abdullah Ahmad Badawi
Kementerian Dalam Negeri,
Aras 13, Blok D1, Parcel D,
Pusat Pentadbiran Kerajaan Persekutuan,
65202 Putrajaya, Malaysia
Fax : 03-8886 8014
email: tpm@smpke.jpm.my

His Excellency Sergio Vieira de Mello
High Commissioner for Human Rights
Office if the UN High Commissioner for Human Rights
Palais des Nations,
8-14 avenue de la Paix,
CH 1211 Geneve, Switzerland
Fax : (41) 229170213
Email: webadmin.hchr@unog.ch

Note : You can use the sample letters as a guideline and please send us a copy for filling purposes.

(EXAMPLE OF PROTEST LETTER THE HOME MINISTER)

LETTERHEAD

date:

To,

Datuk Sri Abdullah Ahmad Badawi
Kementerian Dalam Negeri,
Aras 13, Blok D1, Parcel D,
Pusat Pentadbiran Kerajaan Persekutuan,
65202 Putrajaya, Malaysia
Fax : 03-8886 8014
email: tpm@smpke.jpm.my

Datuk Sri Minister of Home Affairs

RELEASE POLITICAL PRISONERS UNDER ISA
In view of the landmark decision of the Fderal Court on 6 September 2002, which found the detention of the six reformasi leaders as unlawful and bad-faith (malafide), we call upon the Home Minister to immediately order the release of the six political prisoners currently held at Kamunting Detention Center.

We find that their continuous detention is a gross violation of human rights and runs contrary to the notion of rule of law. We call for their immediate and unconditional release.

We believe that Datuk Sri in your capacity as the Home Minister will order the immediate release of the six political prisoners and adhere to the decision of the Federal Court. Releasing the six is the only proper and legal course of action which can demonstrate your governnment's commitment to the rule of law in Malaysia.

We thank you and very much look forward for their release.

RELEASE POLITICAL PRISONERS UNDER ISA !
ABOLISH ISA!

Truthfully,

.........

Name

Position in organisation:

(EXAMPLE OF PROTEST LETTER TO THE OFFICE OF THE UN HIGH COMMISSIONER FOR HUMAN RIGHTS)

LETTERRHEAD

date:

To,:

Your Excellency Sergio Vieira de Mello
High Commissioner for Human Rights
Office of the UN High Commissioner for Human Rights
Palais des Nations,
8-14 avenue de la Paix,
CH 1211 Geneve, Switzerland
Fax : (41) 229170213
Email: webadmin.hchr@unog.ch

Dear High Commissioner for Human Rights,

URGENT APPEAL ON MALAYSIA: SIX STILL NOT RELEASED AFTER COURT RULING

We are seeking your urgent intervention to secure for the immediate release of six political prisoners currently detained under the Internal Security Act, which allows for indefinite detention without trial.

The six political prisoners are :

1) Ezam Mohd Noor
2) Tian Chua
3) Saari Sungib
4) Hishamuddin Rais
5) Dr. Badrulamin
6) Lokman Nor Adam

The call for their release 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 believe the extension of the two-year detention of the political detainees cannot be justified if the first detention is found to be unlawful. The Home Affairs Minister who has the power to call for their release has not ordered for their release. We view their continuous incarceration in dettention camp as illegal and politically motivated. Their detention is a gross human rights violation and we call upon your excellency to intervene for the immediate and unconditional release of the six political prisoners.

We urge your office to persuade or pressure the Malaysian Government to release the six political prisoners.

We thank you and very much look forward for your intervention.

Truthfully,

.........

Name

Position in organisation:

Suara Rakyat Malaysia (Suaram)
383 (1st Floor), Jalan 5/59,
Petaling Garden, 46000
Petaling Jaya, Selangor,
Malaysia
Tel: 603-77843525, 77820357
Fax: 603-77843526
Email: suaram@suaram.org
http://www.suaram.org