ABOLISH DETENTION WITHOUT TRIAL RESPECT RIGHT TO FAIR TRIAL

28 October 2019

Joint Media Statement – 27/10/2019

On the occasion of October 27, the anniversary of Operation Lallang in 1987, when about 106 persons were arrested and detained under a draconian Detention Without Trial law, we the 16 undersigned organisations and groups call on Malaysia to abolish all existing Detention Without Trial laws, including the Prevention of Crimes Act 1949 (POCA), Prevention of Terrorism Act 2015(POTA) and Dangerous Drugs (Special Preventive Measures) Act 1985.

In the 1987 Operation Lallang, about 106 persons, including human rights defenders, women activist, politicians, worker rights activist, religious groups and others were arrested and detained without trial under the Detention Without Trial law, the Internal Security Act 1960.

The Detention without Trial law, then and now, does not allow its victims to challenge the alleged reasons for which they have been detained and/or restricted in court – no judicial review.

The police arrest and the Minister orders the Detention/Restrictions, whereby now in place of the Minister, for POCA and POTA, this power is given to the Prevention of Crime Board  and Prevention of Terrorism Board respectively.

Detention Orders could be made indefinitely, two years at a time. Likewise Restriction Orders.

Restriction Orders could including being restricted to a particular village/town/district, not being able to leave place of residence after certain time and not being able to access the internet. If there is a breach of any of the restrictions, it is a crime punishable by law.

Some DWT laws repealed but Detention Without Trial came back stronger

Malaysia, under the previous Barisan Nasional government, repealed the Internal Security Act 1960 (ISA) and the Emergency (Public Order And Prevention. Of Crime) Ordinance 1969, but thereafter brought in Detention Without Trial by amendment into POCA, and enacted a new DWT law being the POTA.

POCA, which was previously a law restricted to triad gangster groups that commit violent crimes, have now had its scope broadened. It now can be used against any persons who is suspected of committing any crime in the Pernal Code. POCA’s First Schedule, item 2 today reads as follows, ‘2. Persons who belong to or consort with any group, body, gang or association of two or more persons who associate for purposes which include the commission of offences under the Penal Code.’ 

POCA can also be used against those suspected in terrorism activities, human trafficking, smuggling of persons and even drug trafficking, amongst others.

Torture of DWT victims

Under these Detention Without Trial laws, even though there is really no necessity for any confessions or evidence gathering, as there will be no trial anyway, and there is no way to challenge in court the reasons for detention, reports of torture has been alleged by victims, usually human rights or political activists who are brave to do so, as many an ordinary detainee is just too fearful of further repercussions or retaliation to speak up.

Irene Xavier, social activist, arrested on 31 Oct 1987 – “I shall always remember how on the ninth day of my detention, I was beaten with a stick. It was the most humiliating experience in my life. I was forced to stand there while an inspector of the Special Branch beat me with a stick – to remind me that they were not going to treat women more leniently. I was truly in a state of shock.”

Chow Chee Keong, social activist, arrested on 28 Oct 1987 – An interrogator tried to burn his genitals with a burning rolled-up piece of newspaper. They pulled his hair, stepped hard on his fingers and toes with their booted feet and whacked his back with rolled-up bundles of newspapers.

Abdul Rahman Hamzah, a former Sarawak State Assemblyman and political secretary to the former Sarawak Chief Minister, arrested on 20 Sept 1988 – They threw ashtrays at him and beat and poked at him with a broom. He had to do endless strenuous exercises like duck-walking, leap-frogging, crawling on all fours and “swimming” on the floor. All these were aimed at destroying his self-esteem and reducing him to a helpless wreck. If he stopped from exhaustion, they kicked him. They put a large tin over his head and hit it hard with a stick. The sound within was deafening and he suffered cuts and bruises all over his head and face. He was also given the notorious “wet treatment”. They pushed his face into a filthy squat-type toilet and flushed it repeatedly.

The incidence of torture of Detention Without Trial victims may be difficult to prove, but the fact that it exist is probable, taking also the consideration of the number of death in police custody and/or death in detention centers.

The Enforcement Agency Integrity Commission (EAIC) after inquiring into the case of Syed Mohd Azlan Syed Mohamed Nur, who died in police custody, found that police officers had intentionally used violence resulting in the death. They recommended action be taken again these officers for murder.

Recently, it was reported that 10 prison warders have been arrested and remanded in connection with the death of a prisoner, who was found dead in his cell, with blunt force trauma wounds to his head and body.(Malay Mail, 23/10/2019).

Detention Without Trial But No Fair Trial Thereafter makes justifications used for Detention lame

The fact that one is detained without trial, does not mean they cannot be charged and tried in court. As an example, section 19G of POCA states, ‘The detention of any person under this Part shall be without prejudice to the taking of any criminal proceeding against that person, whether during or after the period of his detention.’

The fact that we do not hear of such trials and convictions, during or thereafter their detention without trial makes one question the validity of reasons used for their detentions without trial.

Violation of Human Rights – The Right to Fair Trial

Those detained under DWT laws are denied their right to a fair trial.

Article 10 of Universal Declaration of Human Rights states, ‘Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.’

Article 11(1) states, ‘Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.’

Article 9 states ‘No one shall be subjected to arbitrary arrest, detention or exile.’

Victims of DWT laws are subjected to arbitrary administrative detention, and even arbitrary administrative restrictions.

THEREFORE, we

–          Call for the Immediate repeal of all Detention Without Trial Laws, and urge that all persons be accorded the right to a fair trial;

–          Call for the immediate and unconditional release of all victims of Detention Without Trial; and

–          Call for Malaysia to respect human rights.

Charles Hector

For and on behalf of the 16 groups listed below

ALIRAN

EMPOWER Malaysia

Japan Innocence and Death Penalty Research Center

MADPET (Malaysians Against Death Penalty and Torture)

Malaysian Physicians for Social Responsibility

MARUAH, Singapore

Marvi Rural Development Organization (MRDO), Pakistan

Odhikar, Bangladesh

Persatuan Komuniti Prihatin Selangor & KL (PRIHATIN)

Radanar Ayar Association, Myanmar

Sahabat Rakyat 人民之友 மக்கள் தோழர்கள்

SUARAM

Teoh Beng Hock Trust for Democracy

WH4C (Workers Hub For Change)

Banglar Manabadhikar Suraksha Mancha (MASUM)

Programme Against Custodial Torture & Impunity  (PACTI)


International Day for the Eradication of Poverty 2019 – 17 October 2019

17 October 2019

A message from us at Maruah on the International Day for the Eradication of Poverty


Indonesia: Investigate Environmental Lawyer’s Death – Human Rights Watch

13 October 2019

Golfrid Siregar Helped to Protect Sumatra’s Rainforests, Villagers

(Jakarta, October 11, 2019) – Indonesian authorities should immediately and impartially investigate the death of an environmental lawyer, Golfrid Siregar, in Medan, North Sumatra, Human Rights Watch said today.

After midnight on October 3, 2019, a pedicab driver found Siregar unconscious and seriously injured on a street in Medan, the provincial capital, and took him to a local hospital. He never regained consciousness and died on October 6. He had suffered multiple injuries and his wallet and other personal effects were missing.

“Golfrid Siregar was an environmental lawyer and grassroots activist who had dedicated his life to protecting Sumatra’s rainforests and helping villagers protect their land,” said Andreas Harsono, senior Indonesia researcher at Human Rights Watch. “His death under suspicious circumstances demands a prompt, thorough investigation of all those implicated.”

Siregar, 34, represented the Indonesian Forum for the Environment (Wahana Lingkungan Hidup Indonesia, or Walhi), Indonesia’s largest environmental group, in a lawsuit against North Sumatra’s governor over his 2017 approval for the construction of the US$1.5 billion Batang Toru hydroelectric dam. Walhi had argued that the permit issuance process was problematic and was appealing two earlier court verdicts they had lost. He had also sought legal action against the police in a related matter for their alleged failure to adequately respond to a complaint.

On the evening of October 2, Siregar had visited his uncle’s house in Medan, playing board games and having tea, his relatives said. He left by motorcycle at about 11 p.m. to return home. The hospital CCTV shows the pedicab driver who brought Siregar’s unconscious body into the hospital at 1:12 a.m. on October 3. The driver and two people who accompanied him left two minutes later, the police said.

The police later reported that Siregar’s laptop, wallet, ID card, cell phone, and wedding ring were missing, making it more difficult to locate his family. Walhi’s North Sumatra director told the media that Siregar had serious head injuries, swelling in the right eye, and a blue mark, probably internal bruising, on his left hand.

At 11 a.m. on October 3, after locating his motorcycle, the hospital, with police assistance, called Siregar’s family. Surgeons operated later that day and removed a portion of his skull to relieve pressure on the brain.

He died on October 6, leaving his wife, Resmi Barimbing, and their baby daughter, Velycia.

The local police precinct initially claimed that Siregar was injured in a traffic accident. But his family and Walhi have raised concerns that  Siregar was murdered: his motorcycle was not damaged and did not have any asphalt marks. His legs and hands did not have any cuts or wounds typical in traffic accidents. His uncle said Siregar only drank “bottled tea” that evening.

North Sumatra police told journalists they are now conducting an autopsy. On October 10, the police arrested the pedicab driver and the other two men for robbery, for allegedly taking Siregar’s possessions after the traffic accident.

Walhi colleagues said that Siregar had received several threats since they had filed the lawsuit against the Batang Toru dam construction in August 2018 although the threats had probably stopped over the last four to six weeks. Siregar was also taking part in a legal case concerning an alleged forged signature in the Batang Toru dam’s environmental assessment report. He was also involved in other controversial North Sumatra litigation, defending villagers against a concrete company in Siantar, helping villagers in Karo regency over illegal logging, and assisting fishermen in Pantau Labu contesting a sand company.

“The nature of Siregar’s death and the threats he received raise numerous alarm bells,” Harsono said. “All those concerned about Indonesia’s environment will be watching the authorities to ensure that a credible investigation occurs and that any crime associated with his death is appropriately prosecuted.”

For more Human Rights Watch reporting on Indonesia, please visit:
https://www.hrw.org/asia/indonesia


International Day of Older Persons – 1 October 2019

30 September 2019

On the International Day of Older Persons, MARUAH wants to highlight the situation of elders in Singapore.

We feel that while significant efforts have been made, Singapore still has a ways to go in providing adequate healthcare (including mental health care) and combatting loneliness for its elder demographic.

We must ensure our elders are able to live with dignity and grace.


International Day of Peace – September 21st

24 September 2019

MARUAH is raising awareness on key issues of specific key days to mark UN’s International Days.

A part-time executive working with us on this advocacy campaign is the creative force behind these messages.

Join Us: Read. Reflect. Respect


ECOSOC NEWSLETTER I 8-19 JULY 2019

6 August 2019
During the two-weeks High-level Political Forum (HLPF), countries and stakeholders reported on the SDG progress and presented their views and expectations towards the 2019 SDG Summit in September – Video produced by IISD

Please find attached information on the work of the Economic and Social Council, including highlights on the 2019 High-level Political Forum on Sustainable Development (HLPF) which concluded its session recently.  

Click here to view the original newsletter – https://mailchi.mp/db7b27041b54/ecosoc-newsletter-i-8-19-july-3486821


Laos: UN member states must continue to ask “Where is Sombath?” during human rights review

19 July 2019

FIDH – International Federation for Human Rights

and its member organization for Laos

Lao Movement for Human Rights (LMHR)

Joint press release

Paris, 18 July 2019: United Nations (UN) member states must use the upcoming Universal Periodic Review (UPR) of Laos to continue to demand the Lao government determine the fate or whereabouts of civil society leader Sombath Somphone, FIDH and its member organization Lao Movement for Human Rights (LMHR) urged today.

The two organizations made the call in their joint submission for the third Universal Periodic Review (UPR) of Laos, which is scheduled to be held in January-February 2020 in Geneva, Switzerland.

Sombath’s case is emblematic of the pervasive culture of impunity for human rights violations in Laos and the climate of fear that has been gripping local civil society. The international community must continue to press the Lao government to deliver justice for Sombath and his family and hold those responsible for his enforced disappearance accountable,” said FIDH Secretary-General Debbie Stothard.

In January 2015, 10 UN member states (Australia, Canada, Finland, Germany, Luxembourg, Poland, Portugal, Sweden, Switzerland, and the UK) recommended the Lao government conduct an adequate investigation into Sombath Somphone’s enforced disappearance.

In July 2018, the government said it had been “trying very hard” to investigate Sombath’s disappearance. However, this statement has been contradicted by the government’s ongoing refusal to accept international assistance in conducting the probe and to provide any details about the progress of its investigation.

Sombath Somphone was last seen on the evening of 15 December 2012 in Vientiane. Closed-circuit television (CCTV) footage showed that police stopped Sombath’s car at a police post. Within minutes after being stopped, unknown individuals forced him into another vehicle and drove away. Analysis of the CCTV footage showed that Sombath was taken away in the presence of police officers, a fact that supports a finding of government complicity.

“The UPR represents a rare opportunity for all UN member states to engage the Lao government on human rights issues. The international community should be relentless in its calls on the Lao government to address the serious and systematic human rights violations that continue to occur in the country,” said LMHR President Vanida Thephsouvanh.

The joint FIDH-LMHR submission focuses on the following human rights issues in Laos since the second UPR cycle, which began in January 2015: freedom of opinion and expression; freedom of peaceful assembly; freedom of association; enforced disappearances; torture; prison conditions; freedom of religion or belief; the right to participate in the design and implementation of infrastructure and investment projects; and the right to take part in the conduct of public affairs.

Press contacts

FIDH: Andrea Giorgetta (English) – Tel: +66886117722 (Bangkok)

LMHR: Vanida Thephsouvanh (French, English, Lao) – Tel: +33160065706 (Paris)


More than 35 countries defend China over mass detention of Uighur Muslims in UN letter – The Independent

16 July 2019

https://www.independent.co.uk/news/world/asia/china-mass-detentions-uighur-muslims-un-letter-human-rights-a9003281.html

More than 30 countries have signed a letter defending China’s treatment of Uighur Muslims in the Xinjiang region in response to Western criticism.

Ambassadors of 37 states from Asia, Africa, the Middle East and Latin America praised China’s “contribution to the international human rights cause” in the letter sent to the UN’s Human Rights Council on Friday.

The states, including prominent members of the Organisation of Islamic Cooperation, such as Pakistan and Saudi Arabia, said China had faced terrorism, separatism and religious extremism in Xinjiang.

But the signatories said China had restored peace and security in the region through counterterrorism measures and vocational training.

“We note with appreciation that human rights are respected and protected in China in the process of counterterrorism and de-radicalisation,” the letter read.

The letter was a riposte to the action taken by 22 mainly European countries at the start of the week.

They had urged China to halt the arbitrary detention of Xinjiang’s ethnic Uighurs and other minority groups, which academics and human rights groups estimate have swept around one million people into forced re-education.

China did not sign the letter submitted on Friday, but the text closely echoed the language of statements delivered by Chinese diplomats to the council on Thursday and Friday.

China condemned the “distortions” and “hypocrisy” of Western media and the countries criticising its actions in Xinjiang. It said that the region’s people “feel much better and much more happy and secure”.

The letter from the 37 countries lauded China’s “remarkable achievements in the field of human rights” and particularly its contribution to “protecting and promoting human rights through development”.

This is a theme China has advanced in separate resolutions to counterbalance the Western attention to political and civil rights.

Signers of the pro-China letter, including Russia, North Korea, Cuba and Venezuela, also took the opportunity to repeat a position frequently expressed in the UN’s Human Rights Council opposing the “naming and shaming and publicly exerting pressure on other countries” by calling them to account for human rights violations.

New York Times


ANFREL Launches IEOM Report on Thai General Election 2019

8 July 2019

The Asian Network for Free Elections, being the only accredited international election observation group for Thailand’s 2019 General Election, held a panel discussion in Bangkok on 21 June 2019 to present its final International Election Observation Mission (IEOM) report.

In its report, “ANFREL found the 2019 Thai General Election lacking the most important element that makes elections democratic: a healthy political climate. Although the election was peaceful and without obstruction, its legitimacy is questionable”, said  its executive director, Chandanie Watawala. In part, this was because the Thai people were denied access to information that is so vital in any electoral process.

The final mission report of ANFREL’s IEOM emphasized that the election operated in a legal environment designed to prop up the ruling establishment while severely curtailing press freedom and the right to freedom of expression. Freedom of expression for individuals and the media in the lead up to the 2019 Thai general election was more controlled and restricted than during the 2011 general election.

The report was based on the findings gathered by its observers during the entire election period, including election preparation, election day processes, and electoral dispute resolution mechanisms. ANFREL’s assessment is the product of a comprehensive methodology based on international standards and best practices for elections. The  mission was composed of 58 international election observers, including two electoral analysts.

Read full report by clicking on the link below:

Thai 2019 General Election: A Missed Opportunity for Democracy


Endless debate on UN reform – The Jakarta Post

5 July 2019

https://www.thejakartapost.com/news/2019/07/05/endless-debate-un-reform.html

Indonesia has set its top priorities and one special item that it wants to achieve during its two-year term as a nonpermanent member of the United Nations Security Council (UNSC), which ends in December 2020. As the frontline executor of policy, the Foreign Ministry is expected to stick to achievable targets, like a UN resolution to save the lives of millions of Rohingya in Myamar and at the Bangladeshi border.

Indonesia tends to speak and act on behalf of developing countries in the face of much richer and more advanced nations. These efforts have often been effective and workable, but they have not resulted in changes on many occasions.

For example, Indonesia has for almost four decades pushed in vain for UNSC reform. On this international platform, reforming the UNSC means questioning the veto power of the five permanent members and expanding the big five by giving veto power to a representative country of developing nations, which form the majority in the UN.

“Our position is basically that the membership of the UN Security Council must be adjusted to the situation and the number of countries in the world today,” said Febrian Ruddyard, the Foreign Ministry’s director general for multilateral cooperation.

Indonesia apparently hopes its UNSC nonpermanent member status will amplify its voice on the reform issue and elicit a response from the UN’s powerful members. Experience has shown, however, that such antiestablishment calls fall on deaf ears.

Indonesia therefore needs to set more realistic targets and fight it out, especially the four priority issues — promoting world peace, engendering synergy between regional groupings and the UN to maintain peace and stability, encouraging cooperation in the fight against terrorism, extremism and radicalism, and pushing for concerted efforts to achieve the sustainable development goals (SDGs) — as well as pay special attention to the Palestine issue.

Its consistent participation in UN peacekeeping missions, experience in counterterrorism and democratic credentials will surely help Indonesia convince the UN to support its priority agenda while contributing to world peace and order, for which the UN was founded.

As a regular provider of Blue Helmet troops, Indonesia is committed to boosting peacekeeping and peacebuilding and to improving the quality and effectiveness of peacekeeping missions.

In the area of terrorism, extremism and radicalism eradication, Indonesia is considered a role model for championing law enforcement, unlike other countries that have pursued extrajudicial measures.

While the four priorities and the Palestine issue may not be realized anytime soon, or even by the time Indonesia completes its term on the UNSC next year, the country’s two-year tenure would be more relevant if the impacts are felt at home and in Southeast Asia.

Indonesia’s push for a resolution on the Rohingya crisis will be meaningful, given the many years that the minority Muslim people have endured their ordeal. It will be a Herculean task, because a resolution requires the support of at least nine member countries — and veto powers apply. If Indonesia realizes a resolution, it will be a landmark diplomatic achievement for the country in advancing humanity for the world.