15 September 2008

Dear Tan Sri Abu Talib Othman,

The Asian NGOs Network on National Human Rights Institutions (ANNI) writes to you today regarding the arrests of Mr. Raja Petra Kamaruddin, Ms. Tan Hoon Cheng, and Ms. Teresa Kok on 12 September 2008. All three were arrested under the Internal Security Act (ISA).

Mr. Raja Petra Kamaruddin was arrested at around 1:10 pm from his home in Sungai Buloh allegedly by police personnel from Bukit Aman. Mr. Raja Petra Kamaruddin is the founder of the website Malaysia Today. The reason for his arrest is allegedly because he posted articles ridiculing Islam and Muslims in his website.

Ms. Tan Hoon Cheng, a journalist, was arrested at around 8:30 pm from her home in Bukit Mertajam. She had previously written an article reporting the racist statements of Mr. Ahmad Ismail, a member of the ruling party, United Malays National Organisation (UMNO). She reported Mr. Ahmad Ismail making a statement that Chinese Malaysians are “squatters” in the country.

Ms. Teresa Kok, a Member of Parliament, was arrested at around 11:18 pm as she was making her way back to her apartment. Ms. Teressa Kok had been reported recently to have claimed that she had requested the mosque officials of Kota Damansara, Sri Serdang, and Puchong Jaya to tone down the call to prayer. She has, however, denied that she had made such a request. In addition, the mosque officials in question also denied that they ceased sounding of the call to prayer because of any pressure from Ms. Teresa
Kok.

Ms. Tan Hoon Cheng was released at 4:15 pm on 13 September 2008. Mr. Raja Petra Kamaruddin and Ms. Teresa Kok are still under police custody and their whereabouts are unknown. We are extremely concerned about the safety of the two as numerous ISA detainees, past and present, have been subjected to physical and mental torture, inhuman and degrading treatment.

We also have information that Mr. Raja Petra Kamaruddin and Ms. Teresa Kok are being denied access to their lawyers. We have also gathered from our sources that the government of Malaysia has a list of persons who will be arrested under the ISA.

We would like to point out that under Section 4(2)(d) of the Human Rights Commission of Malaysia Act (1999), the SUHAKAM has the power “to visit places of detention in accordance with procedures as prescribed by the laws relating to the places of detention and to make the necessary recommendations.”

It is in this light that we strongly urge the SUHAKAM to use its power to visit detention places to ascertain the whereabouts of Mr. Raja Petra Kamaruddin and Ms. Teresa Kok, ensure their well-being and their right to access to legal counsel, and secure their release.

We would also like to point out that under the Paris Principles, a national human rights institution (NHRI) should have the responsibility to draw “the attention of the Government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations x x x.”

We therefore strongly urge the SUHAKAM to demonstrate that it is indeed in compliance with the Paris Principles and conduct investigations on the arrests of Mr. Raja Petra Kamaruddin, Ms. Tan Hoon Cheng, and Ms. Teresa Kok. Noting SUHAKAM’s previous recommendations against the use of the ISA, we also strongly urge the SUHAKAM to register its strongest condemnation towards the government for this series of arrests, and to secure an assurance from the government that no further arrests under the ISA will be made.

Finally, we strongly urge the SUHAKAM to proactively advocate the government of Malaysia to abolish the ISA for being in clear violation of international human rights law.

We sincerely hope that the SUHAKAM will take these events as an opportunity to show proof that it is indeed worthy of being accorded an “A” status by the International Coordinating Committee (ICC). We urge the SUHAKAM to demonstrate that it is truly a national human rights institution earnest in its pursuit to promote and protect human rights in the country.

We look forward to your response on this matter. Please email us at hrd@forum-asia.org or contact us at +66 2 653 2940 local 403.

Very truly yours,

Emerlynne Gil
Coordinator
Asian NGOs Network on National Human Rights Institutions (ANNI)

CC:
Ms. Jennifer Lynch
Chairperson
International Coordinating Committee
Mr. Gianni Magazzenni
Office of the High Commission on Human Rights (OHCHR) – National Institutions Unit
Mr. Homayoun Alizadeh
Regional Representative
Office of the High Commission on Human Rights (OHCHR) – Southeast Asia
Mr. Kieren Fitzpatrick
Director
Asia Pacific Forum of National Human Rights Institutions (APF)
Ms. Margaret Sekaggya
UN Special Rapporteur on the situation of human rights defenders
Mr. Frank La Rue
UN Special Rapporteur on freedom of expression
The following are the members of the Asian NGOs on National Human Rights Institutions
(ANNI):
ADVAR – Iran
Ain o Salish Kendra (ASK) – Bangladesh
Asian Center for Human Rights (ACHR)
Asian Forum for Human Rights and Development (FORUM-ASIA)
Cambodian League for Promotion and Defence of Human Rights (LICADHO)
Center for Human Rights and Development (CHRD) – Mongolia
Center for Organizing Research and Education (CORE)
Citizens’ Council for Human Rights Japan (CCHRJ) – Japan
Commission for Disappearances and Victims of Violence (KONTRAS) – Indonesia
Defenders of Human Rights Center – Iran
Education and Research Association for Consumer Education (ERA Consumer)- Malaysia
Hong Kong Human Rights Monitor (HKHR) – Hong Kong
Human Rights Organisation of Kurdistan
Indonesian Human Rights Monitor (IMPARSIAL) – Indonesia
Indonesian NGO Coalition for International Human Rights Advocacy (HRWG)-Indonesia
Informal Service Sector Center (INSEC) – Nepal
Institute for Policy Research and Advocacy (ELSAM), Indonesia.
International Campaign for Human Rights in Iran – Iran
Japan Federation of Bar Associations (JFBA) – Japan
Judicial System Monitoring Program (JSMP) – Timor Leste
Korea House for International Solidarity (KHIS) – Korea.
Law and Society Trust (LST) – Sri Lanka
Lawyers’ League for Liberty (LIBERTAS) – Philippines.
Maldivian Detainees Network (MDN) – Maldives
People’s Watch – India
Philippine Alliance of Human Rights Advocates (PAHRA) – Philippines
Suara Rakyat Malaysia (SUARAM) – Malaysia
Taiwan Association for Human Rights (TAHR) – Taiwan
The following are other organizations endorsing this letter:
International NGO Forum on Indonesian Development (INFID)
Mahila Sarvangeen Utkarsha Mandal (MASUM) – India
Migrant CARE – Indonesia
Migrant Forum in Asia (MFA)
Southeast Asian Committee for Advocacy (SEACA)
Tibetan UN Advocacy – Switzerland

Asian NGOs Network on National Human Rights Institutions

0 Response to “Asian NGOs Network on National Human Rights Institutions”

Abolish ISA Campaign Events

Recent Posts

About

Latest ISA Detainees