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ISNIN Mei 3 1999
BERITA
Arrests in Malaysia What You Can Do

HUMAN RIGHTS WATCH
( The Malaysian government has been responsible for a series of human rights violations in the incidents leading up to and following the arrest of former Deputy Prime Minister Anwar Ibrahim. Those violations, and what concerned individuals can do in response, are outlined below.
I. THE HUMAN RIGHTS VIOLATIONS INVOLVED
Use of the Internal Security Act (ISA)
This law, a holdover from the British colonial administration, violates human rights intrinsically because of the broad powers given security forces and the fact that a person detained under the ISA can be held indefinitely without charge or trial. The Malaysian government has used the ISA in the past to detain suspected political opponents, including those held during the crackdown known as "Operasi Lalang" in 1987-88 and prominent politicians from Sabah in 1990.
Anwar Ibrahim was held under ISA detention from September 20 until October 14 when he was remanded to prison to await trial. Despite the fact that the ten charges against him are all bailable offenses, the government appears to be keeping Anwar in custody to deny him the ability to speak out freely and to meet with supporters.
The ISA contravenes basic principles of international human rights law, and in particular Art 9 of the Universal Declaration of Human Rights, that states: "No one shall be subjected to arbitrary arrest, detention or exile." Mr. Anwar is going to be tried on sodomy and corruption charges. His first trial, on four counts of corruption, has been scheduled from November 2-14. Many potential witnesses remain under ISA detention.
The Malaysian government has announced that foreigners will be welcome to attend the trial, but that no one will be granted observer status as such, meaning none of the representatives of embassies or international human rights organizations will have privileged access to what is certain to be a very crowded courtroom.
Excessive Use of Force
Evidence and testimony indicate that Anwar and detained supporters have been beaten by police, denied sleep and subjected to threats or other psychological abuse. Mr. Anwar's black eye and bruised arm have generated international outrage and suggest that arresting officers violated a key principle of the United Nations Code of Conduct for Law Enforcement Officers, namely that "Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty."
Moreover, the first principle of the U.N."Body of Principles for the Protection of All Persons under Any form of Detention or Imprisonment" states that "All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person." Principle 6 states, "No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment." Prime Minister Mahathir has ordered an investigation into the treatment of Mr. Anwar, but an independent investigation is also clearly in order.
Violations of the Rights to Freedom of Expression and Assembly
Freedom of expression and assembly, enshrined in the Universal Declaration of Human Rights, have perhaps been hardest hit by recent events in Malaysia. Hundreds of people have been arrested for taking part in "illegal rallies"; one of the largest was on October 17. Besides imposing sweeping bans on public gatherings of persons advocating political reform, police have forbidden Dr. Wan Azizah, Anwar's wife, from addressing public meetings. They have also threatened to arrest her for statements she made in an interview in September expressing the fear tha
Violations of the Right to Freedom of Association
Malaysian University Act forbids students from participating in opposition politics. In September, Education Minister Datuk Seri NajibTun Razak announced that the ministry was monitoring students involved in Anwar's "reformasi" or reform movement, the general objective of which was to reduce corruption in government. Student supporters from the Mara Institute of Technology (IT) were threatened with expulsion and blacklisting from government educational institutions for being involved in Anwar's campaigns. Six students of Universiti Utara Malaysia were arrested and subsequently suspended for involvement in political activity related to a September parliamentary by-election.
Sodomy Laws: Violations of the Right to Privacy and Freedom from Discrimination
Article 17 of the International Covenant on Civil and Political Rights promises that "no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, and correspondence, nor to unlawful attacks on his honour and reputation;" and that "everyone has the right to the protection of the law against such interference or attacks."
The public vilification, arrest and prosecution of Anwar and his associates in connection with allegations of homosexual activity also highlight another important threat to human rights. We have no idea whether there is any substance to the allegations made about Mr. Anwar's sexual activities. We do know that there is a human rights problem with so-called "sodomy laws" more generally. Those laws violate international standards prohibiting discrimination and restricting a government's interference with the right to privacy. A now-substantial body of international law affirms unequivocally that laws criminalizing consensual, private sexual acts between adults are a flagrant violation of human rights protections. Neither public morality nor any political exigency can override the right of anyone to sexual privacy.
II. WHAT CAN YOU DO?
Human Rights Watch advises concerned individuals to send letters to the Malaysian authorities calling for the repeal of the ISA and for the release of all prisoners held for the peaceful expression of their political beliefs; all other detainees should be charged before a court of law and brought promptly to trial.
Writers should seek assurances from the Malaysian government that there will be no further political crackdown on supporters of the reform movement, opposition parties or NGO activists. Blanket bans on demonstrations, such as those imposed by the Malaysian police on reform movement rallies, are a violation of the rights to freedom of expression and freedom of association, and should be lifted.
Malaysian authorities should be urged to take immediate steps to stop excessive use of force by police and to discipline those responsible for abuse.
The voice of the international community is also important. Concerned individuals living outside Malaysia should raise these concerns to their own governments through parliamentarians (in the U.S., members of Congress). Letters of protest can also be sent to Malaysian diplomatic missions abroad.
Pressure can also be brought to bear on Malaysia through the international financial community, which should be urged to press for greater openness in Malaysia and an end to the use of security laws to punish Malaysians citizens critical of Prime Minister Mahathir's economic policies. World Bank President James Wolfensohn's condemnation of Anwar's arrest was very important in this regard. Events leading up to the APEC (Asia-Pacific Economic Cooperation Forum) ministerial meeting on November 14-15 , provide an ideal forum in which criticism of the human rights violations surrounding the arrest can be raised.
Deputy finance ministers of APEC due to meet in Kuala Lumpur on November 5-6 should be asked to raise questions about the arrest of Anwar (who was also Malaysia's former finance minister) and the welfare of other detainees. Mr. Anwar will be on trial then; it would be useful for all APEC member countries to send diplomatic representatives as observers to the trial.
Heads of state from APEC countries should make a point of using the APEC summit on November 17-18 to publicly denounce the arrest of Anwar Ibrahim under the ISA, urge the release of anyone detained for peaceful political activity under the ISA, and call for the lifting by Malaysia of all restrictions on the rights to freedom of expression and association. Participating government officials could take other steps, such as visiting Dr. Wan Azizah as a gesture of support.
If there are peaceful demonstrations during the APEC meetings that are suppressed by the Malaysian authorities, APEC delegates should strongly protest, privately and publicly, restrictions on the rights of free expression and assembly.
Trade associations and business leaders going to Kuala Lumpur for APEC-related activities should also express their concern about the human rights situation and continuing instability.
Persons wishing to contact relevant bodies of the United Nations can send communications to Abid Hussain, Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, or to the United Nations Working Group on Arbitrary Detention. The Working Group is empowered to investigate detention cases that result from the exercise of fundamental freedoms, including freedom of thought or conscience, freedom of opinion or expression, or the right of peaceful assembly and association.
CONTACT INFORMATION
Datuk Seri Dr. Mahathir Mohammad Prime Minister's Department Jalan Dato Onn 50502 Kuala Lumpur, Malaysia Fax: 60-3-2984172, 2383784
Datuk Mokhtar Abdullah Attorney General's Chambers Jabatan Peguam Negara Malaysia, Tingkat 20, Bangunan Bank Negara Malaysia Jalan Tangsi, Kuala Lumpur, Malaysia Fax: 60-3-2984172
Tan Sri Norian Mai, Inspector-General of Police Ibu Pejabat Polis Persekutuan, Bukit Aman, Kuala Lumpur, Malaysia Fax: 603-2910707
Mr. Kofi Annan Secretary-General of United Nations D-519 Palais des Nations Geneva 10, Switzerland Fax: 41 - 22 - 917 0022 (Hotline - Human Rights)
Mary Robinson Office of the United Nations High Commissioner for Human Rights Palais des Nations, 8-14 avenue de la Paix CH 1211 Geneva 10, Switzerland Telephone number: (41 22) 9173456 Fax number: (41 22) 9170213 E-mail: webadmin.hchr@unog.ch
Kapil Sibal, Chair Working Group on Arbitrary Detention c/o Centre for Human Rights Palais des Nations 8-14, avenue de la Paix 1211 Geneva 10 , Switzerland fax to: (41-22) 917.01.23, email: webadmin.hchr@unog.ch

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EDITOR MUKA DEPAN BERITA AM BISNES GLOBAL FOKUS RENCANA SURAT PEMBACA FORUM KOLEKSI CONTACT	ISNIN Mei 3 1999 BERITA Arrests in Malaysia What You Can Do HUMAN RIGHTS WATCH ( The Malaysian government has been responsible for a series of human rights violations in the incidents leading up to and following the arrest of former Deputy Prime Minister Anwar Ibrahim. Those violations, and what concerned individuals can do in response, are outlined below. I. THE HUMAN RIGHTS VIOLATIONS INVOLVED Use of the Internal Security Act (ISA) This law, a holdover from the British colonial administration, violates human rights intrinsically because of the broad powers given security forces and the fact that a person detained under the ISA can be held indefinitely without charge or trial. The Malaysian government has used the ISA in the past to detain suspected political opponents, including those held during the crackdown known as "Operasi Lalang" in 1987-88 and prominent politicians from Sabah in 1990. Anwar Ibrahim was held under ISA detention from September 20 until October 14 when he was remanded to prison to await trial. Despite the fact that the ten charges against him are all bailable offenses, the government appears to be keeping Anwar in custody to deny him the ability to speak out freely and to meet with supporters. The ISA contravenes basic principles of international human rights law, and in particular Art 9 of the Universal Declaration of Human Rights, that states: "No one shall be subjected to arbitrary arrest, detention or exile." Mr. Anwar is going to be tried on sodomy and corruption charges. His first trial, on four counts of corruption, has been scheduled from November 2-14. Many potential witnesses remain under ISA detention. The Malaysian government has announced that foreigners will be welcome to attend the trial, but that no one will be granted observer status as such, meaning none of the representatives of embassies or international human rights organizations will have privileged access to what is certain to be a very crowded courtroom. Excessive Use of Force Evidence and testimony indicate that Anwar and detained supporters have been beaten by police, denied sleep and subjected to threats or other psychological abuse. Mr. Anwar's black eye and bruised arm have generated international outrage and suggest that arresting officers violated a key principle of the United Nations Code of Conduct for Law Enforcement Officers, namely that "Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty." Moreover, the first principle of the U.N."Body of Principles for the Protection of All Persons under Any form of Detention or Imprisonment" states that "All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person." Principle 6 states, "No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment." Prime Minister Mahathir has ordered an investigation into the treatment of Mr. Anwar, but an independent investigation is also clearly in order. Violations of the Rights to Freedom of Expression and Assembly Freedom of expression and assembly, enshrined in the Universal Declaration of Human Rights, have perhaps been hardest hit by recent events in Malaysia. Hundreds of people have been arrested for taking part in "illegal rallies"; one of the largest was on October 17. Besides imposing sweeping bans on public gatherings of persons advocating political reform, police have forbidden Dr. Wan Azizah, Anwar's wife, from addressing public meetings. They have also threatened to arrest her for statements she made in an interview in September expressing the fear tha Violations of the Right to Freedom of Association Malaysian University Act forbids students from participating in opposition politics. In September, Education Minister Datuk Seri NajibTun Razak announced that the ministry was monitoring students involved in Anwar's "reformasi" or reform movement, the general objective of which was to reduce corruption in government. Student supporters from the Mara Institute of Technology (IT) were threatened with expulsion and blacklisting from government educational institutions for being involved in Anwar's campaigns. Six students of Universiti Utara Malaysia were arrested and subsequently suspended for involvement in political activity related to a September parliamentary by-election. Sodomy Laws: Violations of the Right to Privacy and Freedom from Discrimination Article 17 of the International Covenant on Civil and Political Rights promises that "no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, and correspondence, nor to unlawful attacks on his honour and reputation;" and that "everyone has the right to the protection of the law against such interference or attacks." The public vilification, arrest and prosecution of Anwar and his associates in connection with allegations of homosexual activity also highlight another important threat to human rights. We have no idea whether there is any substance to the allegations made about Mr. Anwar's sexual activities. We do know that there is a human rights problem with so-called "sodomy laws" more generally. Those laws violate international standards prohibiting discrimination and restricting a government's interference with the right to privacy. A now-substantial body of international law affirms unequivocally that laws criminalizing consensual, private sexual acts between adults are a flagrant violation of human rights protections. Neither public morality nor any political exigency can override the right of anyone to sexual privacy. II. WHAT CAN YOU DO? Human Rights Watch advises concerned individuals to send letters to the Malaysian authorities calling for the repeal of the ISA and for the release of all prisoners held for the peaceful expression of their political beliefs; all other detainees should be charged before a court of law and brought promptly to trial. Writers should seek assurances from the Malaysian government that there will be no further political crackdown on supporters of the reform movement, opposition parties or NGO activists. Blanket bans on demonstrations, such as those imposed by the Malaysian police on reform movement rallies, are a violation of the rights to freedom of expression and freedom of association, and should be lifted. Malaysian authorities should be urged to take immediate steps to stop excessive use of force by police and to discipline those responsible for abuse. The voice of the international community is also important. Concerned individuals living outside Malaysia should raise these concerns to their own governments through parliamentarians (in the U.S., members of Congress). Letters of protest can also be sent to Malaysian diplomatic missions abroad. Pressure can also be brought to bear on Malaysia through the international financial community, which should be urged to press for greater openness in Malaysia and an end to the use of security laws to punish Malaysians citizens critical of Prime Minister Mahathir's economic policies. World Bank President James Wolfensohn's condemnation of Anwar's arrest was very important in this regard. Events leading up to the APEC (Asia-Pacific Economic Cooperation Forum) ministerial meeting on November 14-15 , provide an ideal forum in which criticism of the human rights violations surrounding the arrest can be raised. Deputy finance ministers of APEC due to meet in Kuala Lumpur on November 5-6 should be asked to raise questions about the arrest of Anwar (who was also Malaysia's former finance minister) and the welfare of other detainees. Mr. Anwar will be on trial then; it would be useful for all APEC member countries to send diplomatic representatives as observers to the trial. Heads of state from APEC countries should make a point of using the APEC summit on November 17-18 to publicly denounce the arrest of Anwar Ibrahim under the ISA, urge the release of anyone detained for peaceful political activity under the ISA, and call for the lifting by Malaysia of all restrictions on the rights to freedom of expression and association. Participating government officials could take other steps, such as visiting Dr. Wan Azizah as a gesture of support. If there are peaceful demonstrations during the APEC meetings that are suppressed by the Malaysian authorities, APEC delegates should strongly protest, privately and publicly, restrictions on the rights of free expression and assembly. Trade associations and business leaders going to Kuala Lumpur for APEC-related activities should also express their concern about the human rights situation and continuing instability. Persons wishing to contact relevant bodies of the United Nations can send communications to Abid Hussain, Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, or to the United Nations Working Group on Arbitrary Detention. The Working Group is empowered to investigate detention cases that result from the exercise of fundamental freedoms, including freedom of thought or conscience, freedom of opinion or expression, or the right of peaceful assembly and association. CONTACT INFORMATION Datuk Seri Dr. Mahathir Mohammad Prime Minister's Department Jalan Dato Onn 50502 Kuala Lumpur, Malaysia Fax: 60-3-2984172, 2383784 Datuk Mokhtar Abdullah Attorney General's Chambers Jabatan Peguam Negara Malaysia, Tingkat 20, Bangunan Bank Negara Malaysia Jalan Tangsi, Kuala Lumpur, Malaysia Fax: 60-3-2984172 Tan Sri Norian Mai, Inspector-General of Police Ibu Pejabat Polis Persekutuan, Bukit Aman, Kuala Lumpur, Malaysia Fax: 603-2910707 Mr. Kofi Annan Secretary-General of United Nations D-519 Palais des Nations Geneva 10, Switzerland Fax: 41 - 22 - 917 0022 (Hotline - Human Rights) Mary Robinson Office of the United Nations High Commissioner for Human Rights Palais des Nations, 8-14 avenue de la Paix CH 1211 Geneva 10, Switzerland Telephone number: (41 22) 9173456 Fax number: (41 22) 9170213 E-mail: webadmin.hchr@unog.ch Kapil Sibal, Chair Working Group on Arbitrary Detention c/o Centre for Human Rights Palais des Nations 8-14, avenue de la Paix 1211 Geneva 10 , Switzerland fax to: (41-22) 917.01.23, email: webadmin.hchr@unog.ch Back To Top
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