AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

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FACTS OF THE CASE:

In recent months, the Malaysian government has begun an intensive campaign against individuals believed to be engaging in dissenting political activity. Two students have been detained in the last week, which raises fears that students may become the next targets of government repression. According to Amnesty International, students who support political and social reform are at increased risk of arbitrary detention without trial, imprisonment, and expulsion from universities or colleges for engaging in unauthorized political activity. Government officials have recently made statements condemning dissident students and urging university authorities to take disciplinary measures against students who engage in unauthorized political activity.

On 8 June 2001, a peaceful demonstration was held outside the National Mosque in Malaysia's capital, Kuala Lampur. The demonstration was in support of the repeal or reform of the Internal Security Act (ISA). Certain provisions of the ISA violate international human rights standards. For example, the ISA allows for prolonged detention without charge. In some instances, an individual suspected of "threatening national security" can be arrested and held incommunicado in an unknown location for up to 60 days without access to lawyers, independent medical care, or relatives. During this detention time, detainees are at grave risk of physical and psychological torture or ill-treatment. There are reports that the state security police use torture to coerce confessions and gain information on other suspects. The Home Minister can extend the 60 day detention order for up to two years without charge or trial.

On 5 July 2001, Malaysian security forces arrested 24 year-old student Khairul Anuar Ahmad Zainuddin. Zainuddin is an electrical engineering student at the Institut Kemahiran Mara (IKM) in Kuala Lampur. He was arrested for his alleged participation in the 8 June demonstration. He was arrested after IKM authorities informed him and six other students that they had to go to the police station to answer questions about their suspected involvement in workshops that were characterized by the security forces as an effort to encourage reformists to "overthrow the government via street demonstrations." After being questioned, authorities accompanied Zainuddin to his home, seized some personal papers and his computer, and arrested him.

On 6 July 2001, Mohamad Fuad Mohd Ikhwan, 24, president of the Student Representative Council of the Universiti Malaya, was arrested in Kuala Lumpur. He is being held incommunicado, denied access to family or lawyers, and is at risk of torture or ill-treatment. The police told Ikhwan's family that he had been arrested under Section 73(1) of the ISA, which is a provision that allows the police to detain anyone "acting or about to act in any manner prejudicial to the security of Malaysia."

There is also information that Universiti Teknologi Mara authorities arbitrarily expelled one student for allegedly participating in the 8 June anti-ISA demonstration. Students at other universities also face disciplinary actions for selling anti-ISA badges, printing leaflets, and issuing press releases. Amnesty International reports that the Education Ministry has informed private educational institutions that they should refuse to accept students who have been expelled from state universities for their alleged political activities.

Students have been restricted from participating in unauthorized political activity by the Malaysian Universities and University College Act (UUCA), which strictly forbids students from participating in any political organization or trade union, whether these organizations are on campus or not.

(Sources of information for this case include Amnesty International and Human Rights Watch.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Economic, Social and Cultural Rights

• Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Universal Declaration of Human Rights

• Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
• Article 05: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Article 09: No one shall be subjected to arbitrary arrest, detention or exile.
• Article 20(1): Everyone has the right to freedom of peaceful assembly and association.
• Article 26(1): Everyone has the right to education.

RECOMMENDED ACTION:

Please send telegrams, faxes, airmail letters or emails:

• Calling for the immediate and unconditional release of Khairul Anuar Ahmad Zainuddin and Mohamad Fuad Mohd Ikhwan, as it appears that they have been arrested solely for the peaceful exercise of their rights to freedom of expression, opinion, and association;
• Urging the authorities to grant Khairul Anuar Ahmad Zainuddin and Mohamad Fuad Mohd Ikhwan full access to their lawyers, families, and any medical attention they may require and to guarantee that neither will be subjected to physical or psychological torture or ill-treatment in detention; and
• Expressing concern that students appear to be targeted with detentions and expulsions for exercising their rights to freedom of expression and association.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Dato' Abdullah Haji Ahmad Badawi
Ministry of Home Affairs (Menteri Dalam Negeri)
Aras 13, Blok D1
Parcel D, Pusat Pentadbiran Kerajaan Persekutuan
65202 Putrajaya, Selangor
Malaysia
Fax: 011 60 3 8886 8014
tpm@smpke.jpm.my
Salutation: Dear Minister of Home Affairs

Tan Sri Norian Mai
Ketua Polis Negara
Ibupejabat Polis Diraja Malaysia
Bukit Aman
50502 Kuala Lumpur
Malaysia
Fax: 011 60 3 22731326 (please note that this number may not always available)
Salutation: Dear Inspector General of Police

COPIES SENT TO:

Chairman, Human Rights Commission (SUHAKAM)
Ybhg. Tan Sri Musa Hitam
Suruhanjaya Hak Asasi Manusia Malaysia
29th Floor
Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur
Malaysia
Fax: 011 603 26125620
humanrights@humanrights.com.my


Ambassador Sheikh Khaled Ghazzali
Embassy of Malaysia
2401 Massachusetts Ave. NW
Washington DC 20008

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6796; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals re to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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