Case MYS 050411
Arbitrary arrest and detention/ Fear for the safety
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Malaysia.
The International Secretariat of OMCT has been informed by SUARAM, a member of OMCT SOS-Torture Network, about the arbitrary arrest and detention of Mr. Kadir bin Hashim, a 42-year-old disable man, member of Parti Keadilan Rakyat[1] (PKR), who resides and runs a restaurant at Kampung Kerinchi, Kuala Lumpur, by several special branch officers, in events occurred in Kampung Kerinchi, Kuala Lumpur. OMCT is gravely concern about his safety as he was arrested and detained under the Internal Security Act (ISA).
According to the information received, on 1st April 2011, at about 6.50 pm, Mr. Kadir bin Hashim was arrested at his house by several special branch officers, who were wearing plain clothes and ambushed the house without notifying and introducing themselves. They reportedly also took some of Mr. Kadir bin Hashim’s belongings without saying what they took.
Mr. Kadir bin Hashim was reportedly arrested under Section 73 (1) of ISA[2], allegedly for having been involved in subversive movement. He would be detained at Malaysian Police Headquarters. He has reportedly no access to a lawyer nor to his family or to a doctor. The caretaker officer[3] reportedly told the lawyers to send an official letter in order to get access to Mr. Kadir bin Hashim, which was sent on 4 April 2011.
The International Secretariat of OMCT is gravely concerned about the safety of Mr. Kadir bin Hashim and recalls to the authorities of Malaysia that they are legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with international human rights law.
OMCT further urges the competent authorities to immediately release Mr. Kadir bin Hashim in the absence of valid legal charges and judicial process consistent with international legal standards, or if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times. OMCT has on several occasions expressed gravest concerns over existing emergency and anti-subversion laws in Malaysia which provide for indefinite detention without trial in clear violation of internationally recognised human rights standards relating to fair trials, namely the Dangerous Drugs Act 1985 (DDA), the Emergency Ordinance 1969 (EO) and the ISA[4]. Under the ISA, individuals are deprived of many of their fundamental human rights, such as their right to a fair and public trial, the right to be presumed innocent until proven guilty according to law, and their right not to be subjected to torture and other cruel, inhuman or degrading treatment. OMCT recalls that the UN Working Group on Arbitrary Detention has urged the Government of Malaysia, following his mission to the country, to take steps to repeal the ISA[5].
Please write to the authorities in Malaysia urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Kadir bin Hashim;
ii. Grant Mr. Kadir bin Hashim prompt and unconditional access to a lawyer of his choice and his family, as well as guarantee that he is promptly examined by independent doctors and receives adequate and free medical care, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
iii. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him promptly before an impartial, independent and competent tribunal and guarantee his procedural rights at all times;
iv. Carry out a prompt, effective, thorough, independent and impartial investigation into the arrest and detention of Mr. Kadir bin Hashim, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
v. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Ø Prime Minister of Malaysia Mr. Dato' Sri Mohd Najib bin Tun Abdul Razak, Prime Minister’s Office Malaysia, Perdana Putra Building, Federal Government Administrative Centre, 62502 PUTRAJAYA, Selangor, Malaysia, Fax: + 60 3 8888 3444, Email: ppm@pmo.gov.my
Ø Malaysian Home Affairs Minister Hishammuddin Hussein, Ministry of Home Affairs,Blok D1 & D2, Kompleks D, Pusat Pentadbiran, Kerajaan Persekutuan, 62546 Putrajaya, Fax: 03-88891613/03-88891610, Email: hishammuddin@moha.gov.my
Ø Permanent Mission of Malaysia to the United Nations in Geneva, ICC-1er/ H, Pré-Bois 20, P.O. 1834, CH-1215, Geneva 15, Switzerland, Email : mwgeneva@ties.itu.int, Fax: +4122 710 75 01
Please also write to the embassies of Malaysia in your respective country.
Geneva, 5 April 2011.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
[1] The PKR is a centrist political party in Malaysia formed in 2003 by a merger of the National Justice Party and the older Malaysian People's Party.
[2] Section Power to detain suspected persons.
[3] The officer who is in charge of responding to any inquiries related to Mr. Kadir bin Hashim.
[4] See for example OMCT joint press release on 1 August 2010, www.omct.org
[5] See the Report of the UN Working Group on Arbitrary Detention, 8 February 2011, A/HRC/16/47/Add.2.
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