Aliran Media Statement
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Internal Security Minister Ministry of Internal Security 65202 Putrajaya Dear Mr Prime Minister Release of ISA Detainees in Malaysia We are writing to express our grave concern over the continued detention of the following ISA detainees: Agung Biyadi Ahmad Bunyamin, Azmi Khan Mahmood, F. Muchlis Abdul Halim, Jaafar Saldin, Mat Sah Mohd Satray, Mazlan Ishak, Nasaruddin Nasir, Shakom Shahid, Shamsuddin bin Sulaiman, Syed Ali Syed Abdullah andYusrin Haiti. They were arbitrarily detained under the ISA on the grounds that they had allegedely acted in a manner prejudicial to Malaysia's national security. Since their detention on 17 April 2004, the Malaysian government has not provided any irrefutable evidence to substantiate the allegations against them or justify their detention. In fact one of them - Nasaruddin Nasir - was even freed by the Shah Alam High Court following his habeas corpus application. Regretfully, he was re-arrested by the police under the ISA. There is reason to believe that they may not be guilty after all. Their detention violates the Universal Declaration of Human rights in that it denies them the right not to be subjected to torture or other cruel, inhuman and degrading treatment, the right to a fair and public trial and the right to be presumed innocent until proven guilty. All these fundamental human rights have been totally ignored in their case. We are also greatly perturbed by reports of torture, inhumane and degrading treatment that the ISA detainees have been subjected to. We are genuinely heartened by the fact that you have rightly condemned the torture and the demeaning treatment of Iraqi prisoners in Abu Gharib prison by the US military. We urge you to show similar compassion for those who have been detained and tortured under the ISA. When there is no judicial review for those detained under the ISA, there is no way to stop or curb any abuse of personal freedom and degrading treatmen by the detaining authorities. Any continued detention without any recourse to the courts is patently unjust and unfair. Under the circumstances, the only noble thing to do is to release them on 11 June 2004 when their two-year detention period expires. Alternately, they should be charged in an open court so that they can defend themselves. This would be in keeping with natural justice. Mr Prime Minister, you have come across as a caring and compassionate man, a man with a gentler and kinder face. Your adminstration is perceived as being different from your predecessor's. Showing compassion to these 11 detainees will enhance that image and separate you from the previous regime that was harsh and uncaring. We look forward to your positive response. With warm regards, Yours faithfully, P Ramakrishnan President 10 June 2004 c.c. United Nations High Commissioner for Human Rights
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