Malaysia: Release and subsequent house arrest of Messrs. V. Ganabatirau and R. Kengadharan - MYS 002 / 0408 / OBS 061.2

07/04/2009
Urgent Appeal

New information:

The Observatory was informed by reliable sources of the placement under Restricted Residence Act (RRA) of Messrs. V. Ganabatirau and R. Kengadharan, two lawyers of the Hindu Rights Action Force (HINDRAF), an NGO defending the rights of the Indian minority in Malaysia [1].

According to the information received, on April 5, 2009, 13 persons detained under the provisions of the Internal Security Act (ISA), which allows for an administrative detention for up to two years without trial, were removed from the Kemta Prison, Kamunting, Perak. Messrs. V. Ganabatirau , R. Kengadharan and the 11 other detainees (eight members of the Darul Islam movement and three foreigners) were thus placed under RRA.

However, as of issuing this urgent appeal, three other HINDRAF leaders, namely Messrs. P. Uthayakumar, legal adviser, M. Manoharan, HINDRAF lawyer, and T. Vasanthakumar, HINDRAF organising secretary, remained detained under section 8(1) the ISA at the Kemta Prison, Kamunting, Perak.

The Observatory calls for the immediate and unconditional release of Messrs. P. Uthayakumar, M. Manoharan, and T. Vasanthakumar, arbitrarily detained in a move to sanction their human rights activities. The Observatory is particularly concerned about Mr. P. Uthayakumar’s health condition, a diabetic suffering from heart problems, who has had limited access to necessary medical treatment.

The Observatory further calls for the lift of the RRA provisions against Messrs. R. Kengadharan and V. Ganabatirau, and recalls that Malaysia was elected to the United Nations Human Rights Council in June 2006 for three years and is committed in this regard to “uphold the highest standards in the promotion and protection of human rights” [2].


Background information:

Messrs. P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabatirau and T. Vasanthakumar had been arrested on December 13, 2007 in Kuala Lumpur by Special Branch police officers under Section 8(1) of ISA. Prime Minister Abdullah Ahmad Badawi, who was then also Internal Security Minister, had ordered for their detention, subsequent to a mass rally HINDRAF had organised on November 25, 2007 in Kuala Lumpur.

On January 24, 25 and 28, 2008, the High Court of Kuala Lumpur heard a legal challenge to their ongoing detention. At the end of the hearing, the court said it would issue its judgment on February 26, 2008. On that date, the Kuala Lumpur High Court rejected their habeas corpus applications.

On February 26, 2008, the lawyers of the five HINDRAF members filed an appeal, which was dismissed on May 14, 2008.

On August 4, 2008, their lawyers filed a new habeas corpus appeal at the Apex Court following the lodging of a case before the Ipoh High Court [3]. This appeal is still pending.

However, on February 11, 2009, the Federal Court unanimously dismissed the five HINDRAF leaders’ motion for review of their habeas corpus application, and agreed with the fact that the Prime Minister could order a person to be detained under Section 8 of ISA without waiting for full investigation by the police.

Actions required:

Please write to the Malaysian authorities, urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Messrs. P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabatirau and T. Vasanthakumar;

ii. Release Messrs. P. Uthayakumar, M. Manoharan, and T. Vasanthakumar immediately and unconditionally as their detention is arbitrary;

iii. Ensure in the meantime that Mr. P. Uthayakumar be granted all necessary medical treatment, if necessary in specialist medical facilities outside the prison where he is held;

iv. Put an end to the restricted residence of Messrs. R. Kenghadharan and V. Ganabatirau, and guarantee in the meantime their right to receive visits and communicate with their lawyers and relatives;

v. Put an end to all acts of harassment against human rights defenders in Malaysia;

vi. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

vii. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with international and regional human rights instruments ratified by Malaysia.

Addresses:

· Y.B Dato’ Seri Najib Tun Razak, Prime Minister, Prime Minister’s Office Malaysia, Perdana Putra Building, Federal Government Administrative Centre, 62502 Putrajaya, Selangor, Malaysia., Tel: + 60 3 8888 6000, Fax: + 60 3 8888 3444, Email: ppm@pmo.gov.my

· Y.B. Dato’ Seri Syed Hamid bin Syed Jaafar Albar, Home Minister and Internal Security Minister, Blok D 2, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 62546 Putrajaya, Malaysia. Fax: + 603 8889 3854. Email : pro@moha.gov.my

· Tuan Yasuhimi Mohamad Yusuf, Director, Kamunting Detention Centre, Taiping, Perak, Malaysia. Fax: +605 883 7010

· Mr. Tan Sri Abu Talib bin Othman, Chairman of the National Human Rights Commission of Malaysia (SUHAKAM), Tingkat 29, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia; Fax: + 603-26125620; Email: humanrights@suhakam.org.my

· H.E. Mr. Othman Hashim, Ambassador, Permanent Representative of Malaysia to the United Nations in Geneva, International Centre Cointrin (ICC), Bloc H (1st floor), Route de Pré-Bois 20, 1215 Geneva 15, Switzerland. Fax: +41 22 710 75 01. Email: mwgeneva@ties.itu.int

· Embassy of Malaysia in Brussels, 414 A avenue de Tervueren, 1150 Woluwe-Saint-Pierre, Belgium, Fax: + 32 2 762 50 49. Email: malbrussels@kln.gov.my

Please also write to the embassies of Malaysia in your respective countries.

***

Paris - Geneva, April 7, 2009

Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.


The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

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