URGENT APPEAL: Death penalty of three Malaysians in Singapore

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Forwarded Urgent Appeal: AHRC-FUA-003-2008

29 February 2008
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SINGAPORE/MALAYSIA: Death penalty of three Malaysians in Singapore

ISSUES: Death Penalty
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Dear friends,

The Asian Human Rights Commission (AHRC) wishes to forward an appeal received from Amnesty International regarding the death penalty of three Malaysians in Singapore. Please intervene in this case in order to save their lives and urge the relevant authorities in Singapore to join the international community for the moratorium on executions.

If you have further queries, please contact the Regional Campaign Assistants given below.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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For queries, Lea Biason (Lea.Biason@amnesty.org) and Charlotte Chompff (Charlotte.Chompff@amnesty.org).

SINGAPORE

Hamir Hasim (m) aged 23, Malaysian national
Kamal Kupli (m) aged 24, Malaysian national
Abdul Malik Usman (m) aged 28, Malaysian national

Hamir Hasim, Kamal Kupli and Abdul Malik are at risk of imminent execution in Singapore. On 18 February their final appeal was rejected by the Court of Appeals. Amnesty International is calling for their death sentence to be commuted by the President.

On 1 March, 2007 all 3 men had been convicted of murder, which carries a mandatory death sentence in Singapore. Hamir Hasim, a gardener, and Kamal Kupli and Abdul Malik Usman, both cleaners, were found guilty of attacking and killing a man that they robbed in December 2005.

BACKGROUND INFORMATION

Singapore has one of the highest execution rates per capita in the world. There has been very little public debate about the death penalty in Singapore, partly as a result of tight government controls on the media. The UN Special Rapporteur on Extrajudicial, summary or arbitrary executions noted in a 2005 report that legal safeguards in Singapore do not meet international human rights standards. Echoing the concerns of many lawyers and activists, he argued that the mandatory penalty denies the judiciary the necessary discretion to sentence people fairly and appropriately.

Amnesty International opposes the death penalty in all cases, and supports the global trend away from the use of the death penalty, powerfully expressed in the UN General Assembly’s resolution calling for a worldwide moratorium on executions on 18 December 2007.

Amnesty International recognizes the need of governments to address serious crime, including murder, but notes that there is no clear evidence that the death penalty deters crime any more effectively than other forms of punishment. Today 135 countries have abolished the death penalty in law or practice.

RECOMMENDED ACTION: Please rush personally-worded appeals

- urging the President to commute the death sentences of Hamir Hasim, Kamal Kupli and Abdul Malik Usman immediately;

- expressing concern that the death penalty is mandatory for murder in Singapore, and calling on the authorities to take steps to adopt a moratorium on executions, with a view to restricting the scope of the death penalty and ultimately abolishing the death penalty, as called for in the resolution passed by the United Nations General Assembly in December 2007.

APPEALS TO:

President Sellapan Rama Nathan
Office of the President of the Republic of Singapore
Orchard Road
Singapore 238823
Fax: 011 65 6737 5522
Email: s_r_nathan@istana.gov.sg
Salutation: Dear President Nathan

COPIES TO:

His Excellency Mr Vanu Gopala MENON
High Commissioner for Singapore
c/o Permanent Mission to the U.N.
231 East 51st Street
New York, NY 10022, USA
Fax: (212) 826-2964

Lee Hsien Loong
Office of the Prime Minister
Istana Annexe, Orchard Road
Singapore 0923
Fax: 011 65 6835 6621
Email: lee_hsien_loong@pmo.gov.sg
Salutation: Dear Prime Minister

Professor S. Jayakumar
Ministry of Law
100 High Street
The Treasury 08-02
Singapore 179434
Fax: 011 65 6332 8842
Salutation: Dear Minister

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

ISA-held state rep: Let me be sworn in before sultan

ISA-held state rep: Let me be sworn in before sultan

Apr 7, 08 6:05pm

Kota Alam Shah state representative and ISA detainee M Manoharan today demanded to be freed so he can be sworn into office. Lawyer Manoharan and four other Hindu rights activists have been held without trial under internal security laws since December after organising an unprecedented mass rally claiming discrimination against ethnic Indians. In March 8 general election he contested for the state seat in Selangor representing the opposition DAP, soundly beating the incumbent in what was seen as a protest against the draconian legislation. The ruling Barisan Nasional coalition suffered unprecedented setbacks in the elections, with voters angry over its handling of ethnic tensions as well as rising inflation and crime. "I have written to his majesty the Sultan of Selangor asking for my immediate release so that I could better serve the constituents," Manoharan said in a statement from the Kamunting detention centre. However, attorney-general Abdul Gani Patail told the country's highest court last week that the five activists, who are under a two-year detention order, should not be released as they are a threat to national security. Home Minister Syed Hamid Albar has said that Manoharan could be sworn in before the state legislature's speaker at Kamunting, as has been done twice in the past when detainees won office. Minister warns Hindraf But Manoharan said the government's refusal to release him before the swearing-in ceremony for the Selangor state government, scheduled for April 22, undermined democracy and was disrespectful to the state's royal ruler. "I therefore demand and insist that, as a lawfully elected state assemblyman, I be take taken to the state legislative assembly for the purpose of swearing-in. There should be no compromise," he said. "The purpose of taking oath is an important aspect and element of our... democratic process." Syed Hamid today also cautioned the Hindraf activist group, of which Manoharan is a leading member, against organising any more rallies. "Please do not threaten the welfare of the country. The government will then have no choice but to act protect the country," he said according to the state Bernama news agency.

...the disabled are still fighting social prejudice in order to live independently

Saturday April 5, 2008

Treated lightly

By SHOBA MANO

Fifty years into Merdeka, and the disabled are still fighting social prejudice in order to live independently.

A disabled person is usually confined to the home or cared for by family members. Some are sent to live in institutions or private nursing homes.

With these limited options, the disabled can hardly lead a fulfilling life, and do all the things that the able-bodied take for granted.

Hence, to improve their quality of life, the Independent Living Movement began in the US, starting with the Center for Independent Living in Berkley, California in the late 1960s.

The amended Street Drainage and Building Act specifies the gradient of ramps, but this one is just too steep. — SHOBA MANO

From there, the movement spread to Asia and flourished in Japan, where a government agency called the Japan International Cooperation Agency (Jica) began helping other Asian countries to implement Independent Living (IL) for the disabled.

Between 2005 and 2007, Jica worked with the Social Welfare Department in Malaysia to organise IL workshops and seminars in Kuala Lumpur. They trained at least 60 peer counsellors to provide emotional, relational, information and job-related support to other disabled.

However, most of these peer counsellors are unable to provide their services on a fulltime basis due to the lack of funding.

Peter Tan, 42, is one such peer counsellor. But thanks to a grant from Toyota Foundation of Japan, he operates the Independent Living Centre (ILC) in Kuala Lumpur on an ad hoc basis.

This ILC is one of two in Malaysia. The other is in Petaling Jaya. Unlike in Japan, the Malaysian government does not provide them with an annual grant, and hence, these peer counsellors only provide their services when they are free to do so.

“By comparison, Japan currently has 60 ILCs under the auspices of the National Council on Independent Living (NCIL) and Japan Council of Independent Living Centres (JCIL),” said Tan.

These organisations receive annual grants from the Japanese Government, so that the ILCs can employ full-time personal assistants to help the disabled with daily activities.

Personal assistants in Japan earn salaries equal to those of fresh university graduates. They are also selected from a pool, so even if one or more of them go on leave, there will still be others to care for the disabled.

The Japanese ILCs also provide job opportunities by hiring the disabled as clerical and administrative staff.

Tan said the biggest problem faced by the disabled regarding independent living was not their physical limitations.

“Our biggest problem is social prejudice. When society treats us as if we don’t exist, and don’t consider our disabilities when designing access to public transport, buildings and offices, then we are forced into isolation.

“This is when the futility of life sets in, and we become depressed,” he said.

Tan said under the standard set by Jica, IL was defined as having equal opportunities and access to education, jobs, mobility and all other basic rights enjoyed by the able-bodied.

The Uniform Building (Amendment) Bylaws 1991 of the Street Drainage and Building Act 1974 provides clear guidelines for the disabled to have access to public buildings and even specifies the gradient for ramps.

“But even modern buildings do not adhere to the law. So whatever ramp they have is useless to the disabled as the gradient is too steep and can cause a wheelchair to tip backwards.”

For public transport, only the Putra LRT is accessible, while the STAR and Monorail services are still inaccessible to the disabled,” said Tan.

“Even feeder buses do not have disabled-friendly facilities, although some of them do have ramps. The problem is that when they are let down, these ramps do not align correctly to the curb and can cause a disabled person to fall off his wheelchair.”

N. Surendran, the legal advisor to Malaysians against Death Penalty and Torture (Madpet), an organisation dedicated to fighting for the rights of the disabled and animals, among others, said social prejudice had much broader implications in Malaysia.

“Social prejudice is not just confined to the disabled, but extends to animals too and that is why very few among the disabled community have pets.

“The blind and those in wheelchairs, for instance, can be far more independent if they were encouraged to have trained guide dogs to take them around. With guide dogs and service dogs that are trained for other disabilities, even the reliance on personal assistants will be reduced.

“But these dogs are not allowed in public places in Malaysia, unlike overseas where the disabled can take them everywhere they go,” he said

Surendran urged the government to provide funding for ILCs and support the medical and food bills of dogs and other pets, due to the therapeutic effect they have on humans.

He said with government funding, Madpet can even help to train dogs for the disabled.

“This will result in more dogs, cats and other animals being adopted from shelters as well, so it’s a win-win situation for humans and animals,” he said.

Surendran also complained that the proposed Persons with Disability Act, which was drafted in 2002, has yet to be tabled in Parliament.

“I’m also unable to obtain a copy of the Bill to check for any omissions. NGOs and others with experience in helping the disabled ought to have been consulted before the Bill was drafted, but this did not happen either,” he said.

Overall law reform vital, Zaid told

Overall law reform vital, Zaid told

Apr 4, 08 12:31pm

Law minister Mohd Zaid Ibrahim should not set his sights only on reforming the judiciary but also to consider taking a human rights approach to law reform. Stating this today, Klang MP Charles Santiago also called on Zaid to take “the most significant step” towards that end by working on the abolition of the Internal Security Act (ISA). “Detention without trial deprives people's rights to be on trial before the court, because one is innocent until one has been sentenced by a judge,” he said in a statement. “That's the spirit of law,” he added. Santiago also called for the release of ISA detainee and fellow DAP member M Manoharan so that he can represent the Kota Alam Shah state constituency in the Selangor legislative assembly. Manoharan was one of five Hindu Rights Action Force (Hindraf) leaders imprisoned last December after the group spearheaded public protests against allegedly state-sanctioned ethnic discrimination and marginalisation. Despite being behind bars, Manoharan was voted during the March 8 polls to the Kota Alam Shah state assembly seat. Pak Lah's responsibility Prime Minister Abdullah Ahmad Badawi - who, as then internal security ministry signed the detention orders for the ‘Hindraf 5' - should not continue to deprive the Kota Alam Shah community their ‘voice’ by the continued detention of Manoharan, said Santiago. “All five Hindraf leaders were detained during Abdullah's term as internal security minister. It’s Abdullah's responsibility now to release the five Hindraf leaders to portray a reformed cabinet. “The Klang community will be very upset if their elected representative, who won with a 7000 strong majority, is not able to return and serve their community. “The BN federal government has no right to ignore the community's voice by (arbitrarily) continuing to detain their assemblyman without trial”, he added. Santiago also rebutted Malacca Chief Minister Mohd Ali Rustam who had recently labelled the Hindraf leaders as threats to national security. The Hindraf leaders were merely fighting for Indians to be accorded basic religious and human rights that are guaranteed by the Federal Constitution as these had been ignored by the BN-led government, said Santiago. He also noted that even leading figures within BN component parties MIC and MCA have called for the release of the Hindraf 5.

Samy meets Syed Hamid on Hindraf 5 release

Samy meets Syed Hamid on Hindraf 5 release

Chan Kok Leong | Apr 3, 08 6:40pm

Samy Vellu, who called for the release of the five detainees on Sunday, met Home Minister Syed Hamid Albar this afternoon to discuss their release. "We understand that the five were detained to preserve the security of the country but now after more than four months, we hope that the government will reconsider their detention," said Samy Vellu. "The Home Minister said that they will have to seek the police's view on this before reconsidering and that he (Syed Hamid) cannot decide unilaterally." The 72-year-old said MIC will leave it to the minister to sort it out and take the appropriate action. Samy Vellu also said that he would not be raising the issue with Prime Minister Abdullah Ahmad Badawi because the matter was under the home minister's purview and not the prime minister's anymore. The Federal Court is currently hearing an appeal against the Kuala Lumpur High Court decision in February to reject a habeas corpus application by the five Hindraf leaders. On Dec 13 last year, P Uthayakumar, M Manoharan, V Ganabatirau, R Kengadharan and K Vasanthakumar - dubbed as the Hindraf 5 - were detained under Section 8(1) of the Internal Security Act 1960 for two years. Following this, the five filed a habeas corpus application to the Kuala Lumpur High Court on grounds that their detention was illegal and unconstitutional. However, High Court judicial commissioner Zainal Azman Ab Aziz on Feb 26 ruled that the detention orders issued by Abdullah were valid. The three-member Federal Court panel consists of Chief Judge of Malaya Alauddin Mohd Sheriff, Arifin Zakaria and Hashim Yusoff. They are detained for allegedly being a threat to the national security. More Hindu priests from India Apart from the release of Hindraf 5, Samy Vellu also raised the issue of allowing more Hindu priests from India to work here. According to the former works minister, there are currently 500 Hindu priests from India working in Malaysia on contract but there are 26,000 temples here. Furthermore, since early this year most of the work permits were not renewed, he told reporters at the Home Ministry today. "These priests from India have their specialities and we must have them. The home minister has assured us that the matter will be brought to the attention of the cabinet," said Samy Vellu. During the hour-long meeting, the issue of de-registration of two Hindu temples (Subramaniam and Mariaman) in Ipoh was also raised. "There was some internal conflict there and complaints were filed with the Register of Societies. As a result of that, the two temples were de-registered," said Samy Vellu. "I've asked Syed Hamid to consider lifting the de-registration." Also present in the meeting were MIC secretary general Dr S Subramaniam and central working committee member SK Devamany.

AG: PM did not act in 'cavalier fashion' against Hindraf 5

AG: PM did not act in 'cavalier fashion' against Hindraf 5

Andrew Ong | Apr 3, 08 2:30pm

The decision to detain five Hindraf leaders under the Internal Security Act (ISA) was made based on information provided by the police, attorney-general Abdul Gani Patail told the Federal Court today. In his submissions, Abdul Gani dismissed the appellants’ charge that the then Internal Security Minister Abdullah Ahmad Badawi had acted in a cavalier fashion in issuing the detention orders. "The prime minister... had ordered their arrest (last December) upon a thorough police investigation which deemed them as a threat to national security," he said. The Federal Court is hearing an appeal against the Kuala Lumpur High Court decision in February to reject a habeas corpus (wrongful detention) application by the five Hindraf leaders. Abdul Gani argued that Abdullah’s affidavit in-reply during the High Court proceedings had stated that the latter had gone through the detailed facts raised during police investigations. He added that these include claims that the appellants had through their past activities raised racial sentiments, hatred for the government and had links with terrorist organisations such as Sri Lanka's Liberation Tigers of Tamil Eelam (LTTE). PM's sworn statement Abdul Gani also read Abdullah's sworn statement in court, which said the five could have started racial riots and linked them to LTTE. "In pursuing their cause, Hindraf had tried to get international acknowledgement and help from the terrorist organisation LTTE with the intention of further inciting riots in this country, which has and will threaten peace and national security," the statement said. "If not stopped and contained, this could cause racial riots on a larger scale in this country, threatening peace and national security," it added. As such, Abdul Gani argued that Abdullah, also the prime minister, could not have acted in a “cavalier fashion” as submitted by appellant’s counsel Karpal Singh yesterday. “There is no evidence to deny this. To say that there were no investigations and that the prime minister went on his own frolic is mere baseless conjectures,” Abdul Gani told the court. Abdul Gani then told the country's highest court that Karpal had eluded the fact that the police had provided detailed findings on the five Hindraf leaders and that the internal security minister had the “unfettered discretion” to issue the detention orders. Case postponed On Dec 13 last year, P Uthayakumar, M Manoharan, V Ganabatirau, R Kengadharan and K Vasanthakumar - dubbed as the Hindraf 5 - were detained under Section 8(1) of the Internal Security Act 1960 for two years. Following this, the five filed a habeas corpus application to the Kuala Lumpur High Court on grounds that their detention was illegal and unconstitutional. However, High Court judicial commissioner Zainal Azman Ab Aziz on Feb 26 ruled that the detention orders issued by Abdullah were valid. The matter is now under review of the Federal Court three-member panel comprising of Chief Judge of Malaya Alauddin Mohd Sheriff, Arifin Zakaria and Hashim Yusoff. The case was later postponed today as the three federal judges have to attend the funeral for former federal judge. A date for the next hearing has yet to be fixed. Karpal is expected reply to Abdul Gani’s submission during the next hearing.

Wednesday April 2, 2008

Hindraf 5 victimised by minister, court hears

By RAPHAEL WONG

PUTRAJAYA: The five Hindu Rights Action Force (Hindraf) leaders have been victimised by the Internal Security Minister, who abused his powers when he directly resorted to issuing detention orders against them without arrests and detention pending inquiries, the Federal Court heard.

Counsel Karpal Singh said the detention orders made by the minister amounted to an exercise of dictatorial powers.

"This is not a police state where a minister can exercise his discretion as he likes. Therefore the Judiciary is the last bastion to prevent excesses of the Executive," he said, adding that the apex court should act without fear or favour and rule that the detention order against the five Hindraf leaders was unlawful and void.

On Feb 26, the five Hindraf leaders detained under the Internal Security Act (ISA) failed to secure an order from the High Court for their release from what they claimed as unlawful detention.

High Court judicial commissioner Zainal Azman Ab Aziz threw out the applications, saying that the detention orders issued by Prime Minister Datuk Seri Abdullah Ahmad Badawi on Dec 13 last year, were valid under the law.

Abdullah, in his capacity as Internal Security Minister, had issued the two-year detention orders against M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kengadharan, and K. Vasantha Kumar under Section 8(1) of the Act.

At Wednesday's proceedings, Karpal Singh also said the trial judge was wrong when he failed to conclude that there was no exceptional circumstances for the minister to resort directly to detain the five men under Section 8(1) of the Act.

He said the police force was able enough to conduct investigations against the five men and submit a report to the minister, who in turn, could then make a detention order, if necessary.

"I do not see how a minister, on his own, can take on the role of Sherlock Holmes and investigate before making the detention order.

"We accept the concerns of the minister but his decision cannot be subjective and arbitrary," he said.

Karpal Singh also submitted that the minister had acted mala fide adding that the orders were made for a collateral or ulterior purpose – a purpose not envisaged by Parliament when it passed the ISA in 1960.

"The public does not support Manoharan's detention and this is evident as they elected him as the Kota Alam Shah state assemblyman during the recent elections," he said, adding that the people wanted a fast and fair judicial verdict.

Attorney-General Tan Sri Abdul Gani Patail will submit before Chief Judge of Malaya Justice Alauddin Mohd Sheriff as well as Federal Court judges Justices Arifin Zakaria and Hashim Mohd Yusoff on Thursday.

Wednesday April 2, 2008

MCA calls for release of Hindraf five

PETALING JAYA: MCA vice-president Datuk Donald Lim Siang Chai has called on the Home Minister to seriously consider freeing the five Hindraf leaders from ISA detention “if they are found not to be a threat to the country’s stability.”

Making this call to Home Minister Datuk Seri Syed Hamid Albar, he said releasing the five would show that the Government was democratic.

“It will show that the Government is open in its handling of issues affecting the people. This in turn will enable the Government to garner more support from the people,” he said.

Lim also suggested that the Government arrange a special dialogue for the Indian community to voice out any grievances.

“The five leaders had organised the street demonstrations to highlight the plight of the Indian community,” he said.”

Federal Court hears Hindraf 5 appeal

Federal Court hears Hindraf 5 appeal

Andrew Ong | Apr 2, 08 4:05pm

The country’s highest court today began its hearing on an appeal against the Kuala Lumpur High Court’s decision to quash the bid for freedom by five Hindu Rights Action Force (Hindraf) leaders who are being detained without trial. The Federal Court three-member panel comprising justices Arifin Zakaria, Hashim Yusoff and Chief Judge of Malaya Alauddin Mohd Sheriff spent the entire morning hearing a 11-page submission from Karpal Singh, who is representing the detainees. "It (ISA) is the defamation of life, liberty, without the opportunity to defend oneself in the court of law," he told the top judges who are set to decide on whether to release the five. Proceedings adjourned at 1pm and attorney-general Abdul Gani Patail would be making his submissions tomorrow. On Dec 13 last year, P Uthayakumar, M Manoharan, V Ganabatirau, R Kengadharan and K Vasanthakumar - dubbed as the Hindraf 5 - were detained under Section 8(1) of the Internal Security Act 1960 for two years. The five were arrested shortly after organising a mammoth street rally in Kuala Lumpur which drew some 30,000 disgruntled Indians on Nov 25 last year. Following this, the five filed a habeas corpus (wrongful detention) application to the High Court claiming that their detention was illegal and unconstitutional. However, High Court judicial commissioner Zainal Azman Ab Aziz on Feb 26 ruled that the detention orders issued by then internal security minister Abdullah Ahmad Badawi were valid. 'Dictatorial powers' Karpal today submitted that Abdullah had acted in bad faith for not resorting to Section 73 (1), which allows for 60 days of detention without trial. He explained that by doing so, Abdullah had deprived the appellants the opportunity to exculpate themselves so that the police could recommend that a detention order under Section 8 (1) not be made. "What the first respondent did amounts to exercise of dictatorial powers. The judiciary is the last bastion to prevent excesses of the executive. "In this case, this court should act without fear or favour and rule that the detention order against the appellants is unlawful and void," he added. Karpal also argued that Zainal Azman was wrong in disagreeing that Abdullah could not have made an informed decision before issuing the detention orders. 'Prove national security threat' Speaking to reporters later, lawyer Gobind Singh Deo explained that the appellants are trying to convince the court that Section 8 and Section 73 of the ISA must be read together. "There has been precedents where the two sections are read separately but I believe that this is the first time this matter has been challenged in at the Federal Court level," he said. Meanwhile, newly elected Kapar MP S Manickavasagam told a crowd of some 100 Hindraf supporters outside the Palace of Justice that he would take the matter to Parliament should the appeal be rejected. The crowd which had gathered outside the tightly guarded court house chanted 'Makkal Sakti' or people power, while waving posters which read 'Free the Hindraf 5'. The crowd later dispersed peacefully. Manickavasagam also announced that he and other community leaders would be submitting a letter to Home Minister Syed Hamid Albar on Monday over the matter. "Until today, he has yet to prove that the five Hindraf leaders are a threat to national security. We challenge him to prove the government’s allegations or release them," he said. Syed Hamid has repeatedly rejected appeals to release the Hindraf leaders citing security concerns. Pushpaneela: Release my husband One of the detained, lawyer Manoharan, who stood as an opposition candidate in the Selangor state legislature, soundly beat the incumbent in March 8 polls while in detention. His wife, S Pushpaneela, appealed for his immediate release. "I plead with the prime minister to show some compassion to my family and I, who are under great stress and strains and also a feeling of uncertainty about our future," she said. Attorney-general Abdul Gani Patail is due to oppose Karpal's appeal motion tomorrow. "I will act solely on the basis of the law as the opposing counsel," he told AFP. Hindraf supporters - mostly clad in saffron - began converging in front of the Palace of Justice in Putrajaya since 7am. Entry passes for media personnel and the public were quickly snapped up before 9am.

Why can't the 'reform cabinet' set them free?

Why can't the 'reform cabinet' set them free?

Apr 2, 08 1:38pm

When Prime Minister Abdullah Ahmad Badawi unveiled his new team two weeks ago in the wake of Barisan Nasional’s worst ever electoral setback, it was touted as the ‘reform cabinet’. This appeared to be more spin than fact, said opposition leader Lim Kit Siang, who is DAP parliamentarian for Ipoh Timor. According to him, the government has failed to do the one thing which could signal that it is firmly on the path of reform - the release of five Hindu Rights Action Force (Hindraf) leaders who are held under the Internal Security Act (ISA), which allows for detention without trial. Last Monday, Home Minister Syed Hamid Albar, the man who has the powers to sign the release orders for Hindraf 5, has adamantly rejected the move. He even ticked off S Samy Vellu for the MIC leader’s sudden U-turn on the ISA detention in demanding the release of the five activists. “Hamid Albar has single-handedly destroy Abdullah's reputation that he is belatedly delivering his reform pledges by his refusal to immediately releasing the five Hindraf leaders,” said Lim. “In obstinately refusing to accede to demands for the immediate and unconditional release of the Hindraf 5 - even without calling for an instant review of the ISA detention of the Hindraf 5 - Hamid is showing utter contempt of the verdict of the Malaysian voters in the March 8 ‘political tsunami’.” Mano can’t attend swearing-in ceremony In making the ‘free Hindraf 5' call on Sunday, Samy Vellu - who was once highly critical of Hindraf - denied that it was a publicity stunt. The Hindraf leaders detained under the tough security law are P Uthayakumar, V Ganabatirau, M Manoharan, T Vasantha Kumar and R Kengadharan. The five were arrested shortly after organising a mammoth street rally which drew some 30,000 disgruntled Indians to the streets in Kuala Lumpur on Nov 25 last year. In the March 8 polls, Manoharan - one of the Hindraf 5 - won the Kota Alam Shah state seat in Selangor, which he contested under a DAP ticket. Syed Hamid has yesterday rejected Manoharan's application to enable him to attend the swearing-in ceremony for elected state representatives. Manoharan and his four Hindraf colleagues are being held in Taiping's detention camp.

Two-faced' Samy slammed on HIndraf 5

'Two-faced' Samy slammed on HIndraf 5

Mar 31, 08 7:25pm

S Samy Vellu’s call for the release of the Hindraf 5 from Internal Security Act (ISA) detention is a political ploy by the MIC president, alleged the Abolish ISA Movement (GMI) today. "The demand made by the former works minister is dishonest and is apparently politically motivated," said GMI president, Syed Ibrahim Syed Noh (right) in a statement. He said the timing of Samy’s call for the release of the five was suspect as the MIC boss had never made such calls prior to the general election on March 8. In a dramatic move, Samy, at an event at the party’s headquarters yesterday, publicly called for the release of the Hindraf ISA detainees as he said ‘there were no longer reason to detain them’. The veteran politician said he would meet Prime Minister Abdullah Ahmad Badawi soon to discuss this matter. He also urged Hindraf chairperson P Waythamoorthy - who is currently in London in self-exile - to return to Malaysia, saying he latter was not a political refugee. Samy’s call came in as a shock to many as he was among the government and BN leaders who had vociferously criticised the Hindraf movement prior to the arrests of its key leaders on Dec 13. Meanwhile the wife of ISA detainee and Kota Alam Shah assemblyman M Manoharan today denied she had sought help from Samy Vellu for the release of her husband. "I didn't go and see Samy Vellu," S Pushpaneela was reported by Star Online as saying. Samy Vellu had on Sunday claimed that Pushpaneela had met him to discuss the matter. Release all detainees Hindraf has been credited for being partly responsible for the worst ever performance by the MIC in a general election following the March 8 polls. Samy Vellu lost at his parliamentary constituency in Sungai Siput while the rest of the party’s top leadership fared no better, losing in all their respective constituencies they had contested. Syed Ibrahim said Samy’s call for the release of the Hindraf 5 was a move necessary for him to regain the trust of the Indian community which saw Hindraf as a voice for their struggle against increasing marginalisation by the government. "If he is really sincere about justice, why does he not call for the release of all 70 ISA detainees, all of which have been denied their basic right to a fair trial," questioned Syed Ibrahim. He said GMI would continue to insist that the government release all the 70 ISA detainees being held and not just the Hindraf 5 as the detention of all the 70 was unjust and a violation of their human rights.

Samy calls for Hindraf 5's release

Samy calls for Hindraf 5's release

RK Anand | Mar 30, 08 12:14pm

In a dramatic about-turn, MIC president S Samy Vellu today called for the release of the five Hindu Rights Action Force (Hindraf) leaders held without trial under the Internal Security Act (ISA). The veteran politician said he will meet Prime Minister Abdullah Ahmad Badawi soon to discuss this matter. He also urged Hindraf chairperson P Waythamoorthy - who is currently in London on self-exile - to return to the country and be reunited with his family, saying that the latter is not a political refugee. Samy Vellu was speaking to reporters after opening the MIC divisional leaders workshop on 'Rebranding MIC' at the party's headquarters in Kuala Lumpur. The Hindraf leaders detained under the security law are Waythamoorthy's brother, Uthayakumar, V Ganabatirau, M Manoharan, T Vasantha Kumar and R Kengadharan. The five - four of whom are lawyers - were arrested shortly after organising a mammoth street rally in Kuala Lumpur which drew some 30,000 people on Nov 25 last year. Approached by detainees' families Samy Vellu revealed that the families of Manoharan and R Kengadharan had approached him for assistance. "Because they made an approach, I will talk to the PM (about securing their freedom)," he said, adding, "We also don't want them to be kept inside. "The government has to make a decision. Kenghadharan is very sick, Manoharan is an elected member. So I think it is quite reasonable. I am going to ask PM (to release them) and meet the Internal Security Minister (Syed Hamid Syed Albar). "I made some moves on this earlier, but I didn't tell anybody. I will now make a very strong move to see what can be done," he added Manoharan won the Kota Alam Shah state seat in Selangor under a DAP ticket in the March 8 elections. In the past, Samy Vellu had been critical of Hindraf and the Nov 25 demonstration. The movement, in return, also accused MIC and the party's boss of failing to uplift the status of the Indian community. Not a publicity stunt Responding to a question, Samy Vellu denied that the move to call for the five's release was a publicity stunt. Describing it as being motivated by "fairness", he said: "At the same time, we feel that as Indians, we have to do something about this." The MIC president also revealed how he had helped secure the release of four students detained with scores others in the wake of the Hindraf rally. Thirty-one detainees were later charged with the attempted murder of a policeman, but this was subsequently dropped. Samy Vellu said this happened because he spoke to the prime minister and attorney-general Abdul Gani Patail. "But one of the detainees' fathers scolded me like hell... (the father said) 'Who the hell are you?', 'Where were you when my son was arrested?' "He ashamed me, it was very unreasonable. But I didn't take it to mind, as long as the students were released and the (attempted murder) charge against the others was reduced," he added. The MIC president said "many had argued for them because they want publicity." "We only want the truth," he said.

Gov't rejects calls to release detained state legislator

Gov't rejects calls to release detained state legislator

Mar 28, 08 6:17pm

Home Affairs Minister Syed Hamid Albar today rejected opposition calls for the release of an ISA-detained state legislator, citing the need to uphold public security. "We must react to the country's internal security and public order," Syed Hamid was quoted saying by the state Bernama news agency. The opposition parties last week pressed for five ethnic Indian activists, including lawyer M Manoharan who won a seat in recent elections, to be freed from the Internal Security Act, which allows for indefinite detention without trial. Manoharan, standing for the DAP, was elected from his detention centre - soundly beating the government incumbent in the Kota Alam Shah state seat in the March 8 general elections. Syed Hamid said Manoharan will be forced to sit out of the newly formed state assembly when it convenes. "You definitely can't be at two places at the same time," he said. The five are leaders of rights group Hindraf who were detained last December for organising an unprecedented mass rally claiming discrimination against ethnic Indians. Police used tear gas, water cannon and baton charges to break up the November protest, which drew at least 8,000 people. The opposition, which now controls more than a third of parliamentary seats, has said it will seek to repeal the ISA - which dates back to the British colonial era when it was used against communist insurgents. It is currently being used to hold more than 100 people, including about 80 alleged Islamic militants.

Senior lawyer wants Hindraf 5 released

Senior lawyer wants Hindraf 5 released

Mar 24, 08 4:09pm

Senior lawyer and international jurist Param Cumaraswamy today urged the government to release the five Hindu Rights Action Force leader presently being detained under the Internal Security Act. He said that the recent results of the general election indicated that there was no longer any justification whatsoever for the continuation of their detentions. “The results of the general elections two weeks ago must be seen as vindicating whatever suspicions the government had against them at the time of their detention. “The cause of Hindraf has now become part of the cause of MIC within the government and also the opposition,” he said in an open letter to the newly appointed Home Affairs Minister Syed Hamid Albar. The five - P Uthayakumar, M Manoharan, R Kenghadharan, V Ganabatirau and T Vasanthakumar - were detained on Dec 13 for participating in Hindraf activities that called on the government not to marginalise the Indian community. They were immediately sent to Kamunting detention centre for two-years, to prevent them from acting in any manner prejudicial to the security of the state. Param, a former UN special rapporteur on the independence of judges and lawyers, also said that the fact that one detainee Manoharan was elected in Kota Alam Shah should be taken as a clear message that “the electorate there do not see him as a threat to the security of the state”. “There clearly is no longer any justification whatsoever for the continuation of their detentions,” he added. 100 days in detention Param also reminded Syed Hamid, a former foreign minister, of his long term association with the United Nations programmes for the promotion of human rights and the rule of law and urged him to appreciate that detention without trial offends the first principle of the rule of law. “In the interest of justice and furtherence of racial integration and harmony in the country, please review the orders and release the five and unite them with their families,” said Param. He also said Manoharan must be allowed to serve his electorate of Kota Alam Shah effectively. Meanwhile, Hindraf chairperson P Waythamoorthy said that it has been 100 days since the detention of the five and urged the government to release them as well as to repeal the ISA. He said that Hindraf supporters remembered the 100th day of detention of the five by holding prayer sessions and forums throughout the country on March 22 and 23. He added that a protest was also organised at the San Francisco United Nations Plaza in the US on March 22. In recent weeks various other quarters have also urged the government to release the five Hindraf leaders, including BN coalition partner Gerakan, DAP veteran Lim Kit Siang and an influential Indian business group.

Pak Lah told to free Hindraf 5 (Malaysiakini)

Pak Lah told to free Hindraf 5

Mar 22, 08 12:14pm

Malaysia's opposition on Friday pressed for five ethnic Indian activists, including a man who won in recent elections, to be freed from indefinite detention under a tough security law. Lawyer Manoharan Malayalam, standing for the Democratic Action Party (DAP), was elected from his jail - soundly beating the government incumbent in the state seat on March 8. DAP leader Lim Kit Siang said Prime Minister Abdullah Ahmad Badawi should free the five, leaders of rights group Hindraf, who were detained last December under the Internal Security Act (ISA). They had organised an unprecedented mass rally claiming discrimination against ethnic Indians in November. Police used tear gas, water cannon and baton charges to break up the protest, which drew at least 8,000 people. Lim called for the "immediate and unconditional release (of) the five Hindraf leaders from ISA detention as proof that Abdullah has 'heard the voice' of Malaysians to start the process of 'national healing' after... the general election." Abdullah's Barisan Nasional coalition won the election on March 8 but with a reduced majority and lost an unprecedented five states to the three-party opposition alliance of the DAP, the Islamic PAS and PKR. It was the ruling party's worst election result since 1969. Swearing-in in detention centre Lim said the election result showed that ethnic Indian support for the government had plunged. Manoharan's lawyer Karpal Singh told AFP he had filed an appeal to the Federal Court, the highest in the land, after the High Court last month rejected a freedom bid by the five. Manoharan will be sworn in as a state assemblyman in the detention centre if he was not freed, he added. His wife, lawyer S Pushpaneela, also urged Abdullah to step in and release the men. "Only the prime minister has the power to release him. He should let him (Manoharan) and the others go now to gain more confidence from the people. It looks like people have completely lost their trust in him," she said. Pushpaneela said with Manoharan in detention, she has to undertake most of his duties as state assemblyman in the Kota Alam Shah constituency in central Selangor state.

Gerakan wants Hindraf 5 released (malaysiakini)

Gerakan wants Hindraf 5 released
Mar 19, 08 4:36pm
Gerakan today called upon Prime Minister Abdullah Ahmad Badawi to release the five Hindu Rights Action Force leaders presently being detained under the Internal Security Act. The party’s assistant secretary KK Supramaniam urged all political leaders under the Barisan Nasional coalition to request the prime minister to release the five as soon as possible. “Majority of the Indian Malaysians are upset that the five Hindraf leaders are still being detained under the ISA,” he said in a statement today. The five Hindraf leaders - P Uthayakumar, M Manoharan, R Kenghadharan, V Ganabatirau and T Vasantha Kumar - were arrested on Dec 13 and placed under two-year detention at the Kamunting detention centre for allegedly being a national threat. Hindraf became a household name on Nov 25 last year after a rally it organised drew some 30,000 disgruntled Indians to the streets and made headlines the world over. While numerous quarters agreed with the issues the movement raised, Hindraf also drew criticisms for alleging that a state-sanctioned ethic cleansing of Indians was taking place. The government condemned the movement as an extremist outfit and subsequently detained these five leaders under the ISA. Immunity to Waythamoorthy The movement’s chairperson P Waythamoorthy however escaped detention as he was away in India canvassing support for the movement at that time. He is presently based in London, directing the movement from there with the help of several coordinators in Malaysia. Supramaniam also said that Abdullah should grant immunity to Waythamoorthy to allow him to return to Malaysia. “If the self-exiled leader is to be charge for treason, then I request that other opposition leaders, who have committed the similar offence should also be charged,” he added. The awareness created by Hindraf among the Indian community turned into a huge swing of disapproval against the BN government, resulting in massive losses for parties such as Gerakan, MCA and MIC. Gerakan, a senior component member of the BN, suffered a humiliating blow when it lost its grip of the Penang state government to opposition party DAP. Similarly the anti-establishment wave among the Indian community also resulted in big defeats for MIC, the sole Indian representative in the government, including the defeat of party president S Samy Vellu in Sungai Siput. Gerakan has always advocated for the abolishment of the ISA.

Karpal: Release Manoharan now

Karpal: Release Manoharan now

Athi Veeranggan | Mar 17, 08 11:20am (malaysiakini)

Kota Alam Shah assemblyperson M Manoharan should be released immediately as his continued detention under the Internal Security Act (ISA) is against “the people’s wishes”, said DAP national chairperson Karpal Singh. “He should be released soon to take his oath a member of the Selangor legislative assembly. He has earned his right to serve the people of Kota Alam Shah,” said Karpal. Manoharan, a lawyer, was arrested under the ISA last December along with four leaders of the Hindu Rights Action Force (Hindraf) and are now serving out a two-year detention order at the Kamunting detention camp in Perak. A habeas corpus hearing for Manoharan’s release is scheduled for March 26, but Karpal said that Prime Minister Abdullah Ahmad Badawi need not wait that long to free his client. Manoharan’s election to the Kota Alam Shah state seat has proved that the voters are unhappy and disagree with the government over his detention, said Karpal, who was himself an ISA detainee. The veteran politician argued that it would be improper for the Barisan Nasional (BN) government to continue detaining Manoharan. “He should be given every opportunity to take his oath and serve his constituents. Indeed all five Hindraf leaders should be freed because they were detained without reasonable and proper cause,” said Karpal. In the March 8 polls, Manoharan won the Kota Alam Shah state seat on a DAP ticket. He polled 12,699 votes to defeat BN’s Ching Su Chen by 7,184 votes. ‘Use discretionary power’ New Menteri Besar Khalid Ibrahim said the oath-taking ceremony of Manoharan as a legislative member can wait until Manoharan’s release. However, the Bar Council has argued that the government is duty-bound to allow Manoharan to be sworn in as he is an elected representative. There are two precedents to back this. Two previous ISA detainees, Chian Heng Kai and Chan Kok Kit of DAP, were allowed to take their oath at the Kamunting camp when elected as members of Parliament in the 1978 general election. Chian won the Batu Gajah parliamentary seat in Perak, while Chan was elected by voters in the Sungai Besi parliamentary constituency of Selangor. Chian and Chan were sworn in as MPs in front of then Dewan Rakyat Speaker Dr Syed Nasir Ismail and in the presence of the Dewan Rakyat secretary and representatives of the camp authorities in Kamunting. Since Manoharan's detention is based on a political matter, said Karpal, Abdullah should release him as a gesture of goodwill to Kota Alam Shah constituents. “He has discretionary power and should immediately revoke the detention order and free Manoharan,” added Karpal.

Malaysian Indian Business Association (Miba): FREE HINDRAF 5

After the election results, they have become brave...where were they before this Free Hindraf 5: Indian business group

RK Anand | Mar 12, 08 2:55pm

The Malaysian Indian Business Association (Miba) has appealed to the government to release the five Hindu Rights Action Force (Hindraf) leaders held under the Internal Security Act (ISA). Miba president P Sivakumar told Malaysiakini today that the five had to "shoulder the burden of certain sensitive issues" that others in the community, including the leaders, had failed to make a bold stand on. "Though these leaders were in power, they had either sidelined these issues or were not effective in addressing them," he said. "The five put their necks on the line, the world must know that they are professionals with families and loved ones," he added. Sivakumar also stressed that the five - P Uthayakumar, M Manoharan, R Kenghadharan, V Ganabatirau and T Vasantha Kumar - did not take up these issues for 'cheap publicity'. "They did it because it was a soul searching call to stand up. If their action was wrong, then the voters of all races who cast their ballots for change are also wrong," he said. Massive rally Hindraf became a household name on Nov 25 last year after a rally it organised drew some 30,000 disgruntled Indians to the streets and made headlines the world over. While numerous quarters agreed with the issues the movement raised, Hindraf also drew criticisms for alleging that a state-sanctioned ethic cleansing of Indians was taking place. The government condemned the movement as an extremist outfit and subsequently detained five of its leaders under the ISA. The wave of discontent generated by Hindraf later evolved into what is now popularly referred to as 'Makkal Sakthi' or 'People's Power'. This led to a swing of Indian votes in favour of the opposition and contributed to MIC's crushing defeat in the polls. One of the detained Hindraf leaders -Manoharan - was elected as a state assemblyperson for the Kota Alam Shah seat in Selangor where he contested under a DAP ticket. Support for PM Meanwhile, Miba also expressed support to the Barisan Nasional (BN) government and Prime Minister Abdullah Ahmad Badawi's leadership. "We cannot really blame the PM (for the election outcome). He had inherited a government from the old administration which had lingering issues that went against international norms, issues that were not acceptable by many Malaysians," said Sivakumar. "With the shocking results, Abdullah will be extra careful and will take bold steps and measures to rectify the shortcomings. I am sure he will be able to support and bring progress to the nation," he added. The 2008 polls witnessed the ruling coalition's worst ever electoral performance with BN failing to secure a two-thirds majority in Parliament and losing control over an additional four states. Following this, there were calls -including from former premier Dr Mahathir Mohamad - on Abdullah to accept responsibility and resign. Sivakumar also recorded Miba's appreciation to Inspector-General of Police (IGP) Musa Hassan for the police's neutrality and his pledge to maintain peace and order in the country.

JAPAN:bill proposing a four-year moratorium on the death penalty

Japan MPs moot halt to executions

By Andre Vornic BBC East Asia reporter

Justice minister Kunio Hatoyama supports the death penalty

A cross-party group of Japanese legislators has said it has drafted a .

The bill, a step towards abolition, will shortly be submitted to parliament and introduces life imprisonment without parole as a substitute.

Japan and the United States are the only industrial democracies to maintain capital punishment.

But the initiative is likely to meet stiff opposition.

Secret executions

Critics have long described Japan's use of the death penalty as unworthy of a liberal democracy.

Cult leader Shoko Asahara is on death row

As much as the principle of it, the way the death penalty is administered has been condemned both domestically and abroad: death row inmates are executed at short notice, to deter appeals.

They are put to death by hanging, generally on a Friday and during parliamentary recess to avoid media exposure or public opposition.

At the trial stage, defendants may not have easy access to a lawyer, and the prosecutorial system tends to value confessions above evidence.

Abolitionist parliamentarians appear to think the time is right for reform.

But the current Justice Minister, Kunio Hatoyama, is a vocal supporter of capital punishment. He has signed off six executions since taking office last September.

And surveys suggest a majority of Japanese want to retain the death penalty for particularly heinous crimes.

The country's violent crime rate remains low by global standards, but has risen considerably since the mid-1990s.

Govt abandons monkey export plans

Govt abandons monkey export plans

Feb 2, 08 3:25pm

The Natural Resources and Environment Ministry has abandoned its controversial plan to export monkeys found in urban areas after a majority of them were found to be infected with deadly diseases. According to NST, minister Azmi Khalid said the decision was made after the discovery that about 80 percent of urban monkeys had contracted diseases and were deemed unfit for export. In August last year, the government said it would end a 23-year-old ban on trading monkeys for research and food as well as conducting talks with several countries including Japan for possible export. However, animal rights groups objected and said the monkeys would be sold to laboratories for a profit benefitting the minister instead. Yesterday, Azmi said that about 80 per cent of the 250,000 long-tailed macaques found in urban areas were found to have deadly diseases such as tuberculosis, malaria, hepatitis and Aids. He said the export was to fulfil the demand for exotic meat in a few countries in Asia and in the west. "A study of 2,000 macaques in urban areas conducted several months ago found that 80 per cent of them were infected. "Only 20 per cent were healthy, and of this, only half the number were suitable for export," he said adding that the diseases could possibly spread among the human population. Relocation programmes According to veterinary experts, humans could be infected with diseases carried by the monkeys if there was close contact. Monkeys could also be infected with diseases contracted from humans if the animals licked human spit. Azmi added that the ministry feared that the move to export monkeys would encourage companies to hire agents to seize the monkeys which might lead to uncontrolled hunting of the animal. Veterinary experts have previously called for relocation programmes, reproduction controls and public education to stop residents from feeding or teasing the animals. They also opine that the monkey problem occurred in many major cities throughout the country due to the massive destruction of forests that has pushed the wildlife to seek shelter and food in urban areas. The monkey population in the country is about 700,000, with 250,000 in urban areas. The monkeys usually found at the urban areas include the long-tailed and pig-tailed macaques, and the leaf monkey.

Malaysia: Court hears challenge to the arbitrary detention of five campaigners in favour of the rights of the Indian minority

Press Release

31 January 2008

Malaysia: Court hears challenge to the arbitrary detention of five campaigners in favour of the rights of the Indian minority

International mission of judicial observation

Geneva-Kuala Lumpur-Paris, January 31, 2008. This week, the High Court of Kuala Lumpur heard a legal challenge to the continued detention of five human rights defenders and leaders of the Hindu Rights Action Force (HINDRAF), an NGO defending the rights of the Indian minority in Malaysia[1].

The five men, Messrs. P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabati Rao and T. Vasanthakumar, were arrested on December 13, 2007 under Malaysia’s notorious Internal Security Act (ISA), which grants the Minister of Internal Security, who is also the Prime Minister Abdullah Ahmad Badawi, the unfettered discretion to detain any person to prevent him from acting in any manner prejudicial to the security of Malaysia. The detentions followed peaceful rallies organised by HINDRAF and another coalition of civil society groups which were violently repressed.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), decries the ISA as contrary to fundamental rights such as the right to a fair trial and the right to be presumed innocent until proven guilty.

“The ISA is the epitome of a law that sanctions arbitrary detention”, said Ms. Laurie Berg, an Australian lawyer who observed this week’s hearings on the Observatory’s behalf. “These men have faced no charge, have been convicted of nothing. They are detained at the government’s pleasure and have the sole ‘mercy’ of challenging their detention on narrow technical grounds”. The use of the ISA in this case is all the more worrying since it has become a tool to silence peaceful human rights defenders on spurious security acts.

Furthermore, the Observatory and Suara Rakyat Malaysia (SUARAM) consider the detention of these five HINDRAF leaders as arbitrary insofar as several fundamental rights contained in the UN Universal Declaration of Human Rights such as the right to a fair trial, the right to legal counsel, the right to defend oneself in open court and the right to be presumed innocent until proven guilty have not been observed.

At the end of this week’s hearing, the court said it would give its judgment on February 26, 2008. If the court dismisses the appeal, the HINDRAF advocates will join up to 70 others who are held in indefinite detention, on suspicion of terrorist offences. Several are facing their sixth year in prison under this law.

The Observatory and Suaram call on the Malaysian government to immediately release Messrs. P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabati Rao and T. Vasanthakumar in the absence of valid legal charges against them or, if such charges exist, to bring them before an independent and impartial tribunal, with due respect of the procedural guarantees prescribed by international human rights law. The Observatory and Suaram hope that the fundamental principles from international law will be taken into account by the Kuala Lumpur Court and demands, in consequence, the acquittal and subsequent release of the five HINDRAF leaders.

For further information, please contact:

- SURAM: Yap Swee Seng : +6 03 7784 3525

- OMCT: Delphine Reculeau: +41 22 809 49 39

- FIDH : Gaël Grilhot : + 33 1 43 55 25 18

---

[1] Hearings were held on January 24, 25 and 28, 2008.

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS: MALAYSIA: Five activists are detained for 2 years without trial under the Internal Security Act

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Forwarded Urgent Appeal: AHRC-FUA-001-2008

30 January 2008
------------------------------------------------------
MALAYSIA: Five activists are detained for 2 years without trial under the Internal Security Act

ISSUES: Internal security act; fair trial; freedom of expression & assembly
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to forward an appeal received from MADPET (Malaysians Against Death Penalty and Torture) regarding a case of five human rights activists who were arrested under the Internal Security Act (ISA) in Malaysia on 12 December 2007. The ISA allows detention without trial. All are now being detained by virtue of a 2-year detention order made by I Datuk Seri Abdulah Ahmad Badawi, Prime Minister and Internal Security Minister of Malaysia.

If you have any further inquiry about the case, please feel free to contact Mr. Charles Hector whose contact details are provided below.

Thank you.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

--------------------------------------------------------------------

Charles Hector
for and on behalf of MADPET
E-mail: chef@tm.net.my

URGENT APPEAL

MALAYSIA: 5 Human Rights Activists detained under the Internal Security Act, which is a Detention Without Trial law
------------------------------------------------------

Dear friends,

MADPET (Malaysians Against Death Penalty and Torture) writes to inform you that 5 human rights defenders and activist were arrested by the police on 13 December 2007 under the Internal Security Act (ISA), which allows detention without trial. Inspector-General of Police Musa Hassan said the arrests, under Section 8(1) of the ISA, were made against the five for carrying out activities that threatened national security.

Those arrested are M Manoharan, Hindu Rights Action Force (Hindraf) legal advisers P Uthayakumar, R Kenghadharan and V Ganabatirau and T Vasantha Kumar.

The first 4 are lawyers, who have also been actively involved in human rights issues. It is learnt they were detained under Section 8 (1) of the ISA after Internal Security Minister Datuk Seri Abdulah Ahmad Badawi signed their detention order. The five were sent straight to the Kamunting detention centre in Taiping, Perak, to be detained for two years, without undergoing the usual 60-day investigation period.

This is most unusual because usually persons will be arrested and detained by the police, who can detain persons for not more than 60 days. Only after that if the Minister is "satisfied that the detention of any person is necessary" will the 2-year detention order be signed.

BACKGROUND: (Based on Malaysiakini and other media reports)

Nov 10 BERSIH ASSEMBLY & PROTEST
About 40,000 protesters took part in BERSIH's assembly, whose intention was to hand over a memorandum to the King. BERSIH is calling for electoral reform including a review of the electoral roll, curbs on postal voting, which they say is being abused, and equal access to state media for all competing parties. Police fired tear gas and used water cannons on the protesters. (BERSIH, a coalition of 70 political parties and NGOs). This was the Malaysia's biggest street protest in nearly a decade.

Nov 25, 07 - HINDRAF ASSEMBLY & PROTEST
About 20,000 protesters demonstrated under the shadows of Kuala Lumpur's iconic Twin Towers after their efforts to petition the British High Commission was thwarted by the police with tear gas and chemical-laced water cannon. About 400 persons were arrested that day.

The protest is to support a US$14-trillion lawsuit by the Hindu Rights Action Force (Hindraf) against Malaysia's former colonial power for bringing Indians to Malaysia as indentured labourers and exploiting them for 150 years. The assembly today was for the purpose of submitting a memorandum was to petition Queen Elizabeth II to appoint a Queen's counsel to argue the case on their behalf.

A series of arrests and charges began on 6 December, when 31 Hindraf supporters were charged with attempted murder, after a policeman suffered injuries, and have been refused bail. In addition, three leaders of Hindraf, P. Uthayakumar, P. Waya Moorthy, and Ganapathy Rao, have been charged under the Sedition Act for remarks made during a speech on 16 November, and with a letter posted on their website.

Dec 9 LAWYERS HUMAN RIGHTS DAY MARCH
After the Bar Council succumbed to pressures and fears and called of its annual Human Rights Day walk, several lawyers in defiance call for concerned lawyers and members of the public to join them in their march from SOGO to the Central Market, and about 200 persons did join them for that 7.30 am march. The police stopped the march and arrested 8 persons (of which 5 were lawyers). Later that afternoon, the local authority tried removing banners placed around and in the Bar Council Building, to which the lawyers protested. The Human Rights Committee chairman was arrested for obstructions. All 9 were unreasonably detained overnight and brought to court to charge. The Attorney General personally came and asked that bail be denied. They now face charges of illegal assembly and disobeying police orders to disperse.

Dec 11 BERSIH'S HANDING OVER MEMO IN PARLIAMENT.
17 members of BERSIH who attempted to deliver a memorandum to Parliament were arrested.

What has been happening prior to the arrest and detention under the ISA?

The police have been targeting HINDRAF lawyers over the past few weeks. The crackdown started with the arrest of chairperson P Waythamoorthy, Uthayakumar and Ganabatirau on Nov 23. They were then charged with sedition in Klang.

On Tuesday (11 December 2007), Uthayakumar was again arrested and charged on another count of sedition in Kuala Lumpur. He was arrested once more on the same day and kept overnight in remand before being released yesterday without being charged.

Both Waythamoorthy and Ganabatirau were also re-arrested over the past week and released after being held for some hours.

Waythamoorthy, who is Uthayakumar's younger brother and also a lawyer, is currently in London on a mission to lobby for support from international groups.

Hindraf has come under the police radar after organising nationwide talks in which they are alleged to have made seditious speeches in relation to the marginalisation of the Indian Malaysian community.

Hindraf's rally in Kuala Lumpur attracted some 30,000 people. The police used water cannon and tear gas to disperse the crowd. Thirty-one of the protesters have been charged with attempted murder and causing mischief with some facing a third charge of illegal assembly.

The government has been threatening to use the ISA against Hindraf leaders for some weeks now.

Last week, the Inspector General of Police claimed that Hindraf was linked to terrorist groups and was active in fanning racial sentiments among the Indian community by stirring up their anger and arousing hatred against the government.

He added that the police had been monitoring the group - helmed by six prime movers comprising five lawyers and a senior executive of a private company - since July 28.

Prime Minister Abdullah Ahmad Badawi has for several weeks been threatening to invoke the draconian legislation against Hindraf, which authorities have accused of having links with Sri Lanka's Tamil Tigers. The group denies the charges.

Earlier this week the premier alluded to the use of the ISA by saying that he considered public safety to be more important than public freedom.

SUGGESTED ACTION:

Please call upon the Prime Minister for the immediate release of P Uthayakumar, M Manoharan, R Kenghadharan and V Ganabatirau, T Vasantha Kumar and all persons being detained under the Internal Security Act and other laws that allow for detention without trial.

Sample letter:

Dear Dato' Seri Abdullah Ahmad Badawi,

We call for the immediate and unconditional release of M Manoharan, Hindu Rights Action Force (Hindraf) legal advisers P Uthayakumar, R Kenghadharan and V Ganabatirau, T Vasantha Kumar and all others that are currently being detained under the Internal Security Act and/or other laws that allow detention without trial.

We believe that it is unjust to deprive a person of his right to a fair trial, and call for the repeal of the Internal Security Act and all other laws that allow detention without trial.

Yours sincerely,

------------------------------------
PLEASE SEND LETTERS TO:

Dato' Seri Abdullah Ahmad Badawi
Prime Minister and Minister of Internal Security,
Prime Minister's Office Malaysia,
Perdana Putra Building,
Federal Government Administrative Centre,
62502 Putrajaya,
MALAYSIA
Tel: +603 8888 6000
Fax: +603 8888 3444
E-mail: ppm@pmo.gov.my

Please support the online petition for a UN monitoring mission in Sri Lanka. Help us to get 5000 signatures until the end of the month. Sign here
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