According to the information received, on May 9, 2009, Messrs. P. Uthayakumar, M. Manoharan and T. Vasanthakumar were released from the Kamunting Detention Camp.
On May 8, 2009, the Government of Prime Minister Najib Abdul Razak had said that it had decided to release 13 detainees (six Malaysians, two Indonesians and five Filipinos) held under the Internal Security Act (ISA) as “they no longer need to be held under ISA” and that “they are no longer a threat to national security”. On April 5, 2009, 13 other ISA detainees had already been released, including Messrs. V. Ganabatirau and R. Kengadharan, two other HINDRAF lawyers (See Background information).
Mr. Uthayakumar refused to sign a document specifying conditions for his release. Among others, there were conditions prohibiting him from speaking at public functions and going to his hometown of Seremban. He was released on a RM 50,000.00 bail. Only Mr. Uthayakumar remains prosecuted for “sedition”.
The Observatory welcomes the release of Messrs. P. Uthayakumar, M. Manoharan and T. Vasanthakumar and wishes to thank all the persons, organisations, and institutions that intervened in their behalf. However, the Observatory expresses its concern that Messrs. M. Manoharan, R. Kenghadharan, V. Ganabatirau and T. Vasanthakumar were placed under Restricted Residence Act (RRA)[1], meaning in particular that they have to be back home by 7 pm and that they cannot travel abroad. In addition, they are not allowed to speak to the press, issue press statements or attend public meetings.
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, which allows for an administrative detention for up to two years without trial. 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 judgement 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[2]. 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.
On April 5, 2009, Messrs. V. Ganabatirau and R. Kengadharan and 11 other persons detained under the provisions of the ISA (eight members of the Darul Islam movement and three foreigners) were released from the Kemta Prison, Kamunting, Perak. All 13 were placed under Restricted Residence Act (RRA)[3].
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. Put an end to the restricted residence of Messrs. M. Manoharan, T. Vasanthakumar, R. Kenghadharan and V. Ganabatirau, and guarantee in the meantime their right to receive visits and communicate with their lawyers and relatives;
iii. Put an end to all acts of harassment - including at the judicial level - against Mr. P. Uthayakumar as well as against all human rights defenders in Malaysia;
iv. 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”;
v. 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.
***
Geneva-Paris, May 27, 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.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 25 18 / 33 1 43 55 18 80
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E-mail : Appeals@fidh-omct.org
[1] A person placed under the RRA:
– shall not be permitted to transfer his residence to any other area, town or village, as the case may be, without the written authority of the Chief Police Officer of the State concerned;
– shall not leave the area, town or village within which he resides without the written authority of the Chief Police Officer of the State concerned;
– shall at all times keep the Officer in Charge of the Police District in which he resides notified of the house or place in which he resides;
– shall be liable at such time or times as may be specified in the order to present himself at the nearest police station;
– shall not, without the permission of the Chief Police Officer of the State concerned, make any public speech or address any meeting, or publish in any manner any manifesto, article or other document which, in the opinion of the Chief Police Officer, has a seditious tendency or contains any incitement to violence or is likely to lead to a breach of the peace.
[2] On September 8, 2007, the Ipoh High Court had dismissed their habeas corpus application and ruled that the Minister acted according to the legal provisions in making the order.
[3] A person placed under the RRA:
– shall not be permitted to transfer his residence to any other area, town or village, as the case may be, without the written authority of the Chief Police Officer of the State concerned;
– shall not leave the area, town or village within which he resides without the written authority of the Chief Police Officer of the State concerned;
– shall at all times keep the Officer in Charge of the Police District in which he resides notified of the house or place in which he resides;
– shall be liable at such time or times as may be specified in the order to present himself at the nearest police station;
– shall not, without the permission of the Chief Police Officer of the State concerned, make any public speech or address any meeting, or publish in any manner any manifesto, article or other document which, in the opinion of the Chief Police Officer, has a seditious tendency or contains any incitement to violence or is likely to lead to a breach of the peace.