Dear Friends
Please act on the information below, forwarded from OMCT, and write to the authorities in Malaysia, urging them to guarantee the physical and psychological integrity of Saw Ayea Wa, Michael Thaung, Swe Taet Htun Wo, Kolet and one other person (name and details unknown) who were detained during a peaceful demonstration on June 19th, 2003. A sixth person, Daw Mu Kwaaw, who was also detained, has now been released.
Arbitrary detention/Risk of refoulement and torture/Freedom of expression
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Malaysia.
Brief description of the situation
The International Secretariat of OMCT has been informed by Suara Rakyat Malaysia (SUARAM), a member of the OMCT network, of the arrest of six Burmese nationals demonstrating for the release of Aung San Suu Kyi in Kuala Lumpur, Malaysia.
According to the information received, six people were arrested on June 19th, 2003, in the vicinity of the Burmese Embassy in Kuala Lumpur. A group of Burmese nationals were engaged in protesting the continued detention of pro-democracy leader Aung San Suu Kyi in Burma. The six arrestees were part of a group of approximately 40 demonstrators attempting to walk past the embassy bearing pictures of Ms. Suu Kyi and signs calling for her release. The demonstrators were stopped by police about 20 meters from the embassy. The police ordered the protestors to disperse, but those who resisted and held up their signs were arrested.
The arrested individuals, which include five men and one woman, were taken to the Cheras Police Station for questioning and are currently being detained. Of the six arrestees, one holds refugee status and the others have reportedly registered with the United Nations High Commissioner for Refugees (UNHCR) and have received working visas or are waiting for their applications to be processed. The six arrested persons are: Daw Mu Kwaaw (woman, has refugee status); Saw Ayea Wa and Michael Thaung (both of whom reportedly have working visas); Swe Taet Htun Wo and Kolet (both of whom are waiting for their applications to be processed by the UNHCR); and one other person whose name and situation is currently unknown. Daw Mu Kwaaw has now reportedly been released.
Since their arrest, the police have obtained an extension of remand orders on two occasions, totalling 8 days of detention. This was reportedly done in “secrecy,” as the lawyers were not informed or present at the courts, despite placing themselves on record as the detainees’ solicitors. Our sources indicate that this is a long-standing problem faced by lawyers, as magistrates and the police seem to work in collusion in “administratively” granting remand orders, without advising the person in question’s legal counsel.
The International Secretariat of OMCT condemns the arrests of these peaceful demonstrators and calls for their immediate release in the absence of valid legal charges, or, if such charges exist, for them to receive prompt and impartial trials. OMCT further urges the Malaysian authorities to ensure that they are not deported to Burma, where their personal integrity would be at risk.
Action requested
Please write to the authorities in Malaysia urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the Saw Ayea Wa, Michael Thaung, Swe Taet Htun Wo, Kolet and the other person who was detained during the peaceful demonstration on June 19th, 2003;
ii. order their immediate release in the absence of valid legal charges, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Inspector Jaafar Mohd Noah, Investigation Officer, Cheras Police
Station, Ibu Pejabat Daerah Polis, 56100 Cheras, Kuala Lumpur,
Fax: 03- 9287 9479 or 9284 9290
· Dato’ Seri Dr Mahathir bin Mohamad, Prime Minister’s Office,
Federal Government Administration Center, 62502 Putrajaya, MALAYSIA,
Fax: +603 8888 3444,
E-mail: ppm@smpke.jpm.my
· Dato Abdullah Haji Ahmad Badawi, Minister of Home Affairs & Deputy
Prime Minister, Ministry of Home Affairs (Menteri Dalam Negeri), Aras
13, Blok D1, Parcel D,
Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor,
Malaysia,
Fax: + 603 8886 8014,
E-mail: tpm@smpke.jpm.my
· Stanley Augustin, Deputy Public Prosecutor’s office, Timbalan
Pendakwa Raya, Jabatan Peguam Negara, Tingkat 16, Bahagian
Pendakwaan, Bangunan Bank
Rakyat, Jalan Tangsi 50512, Kuala Lumpur, Malaysia,
Fax 603-2698 4457
· Datuk Gani Patail, Attorney General’s office, Peguam Negara,
Jabatan Peguam Negara, Aras 3, Block C3, Pusat Pentadbiran Kerajaan
Persekutuan, 62502 Putrajaya, Malaysia,
Fax 603-8888 9377
Please also write to the embassies of Malaysia in your respective country.
Geneva, June 24th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal (Case MYS 240603) in your reply.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : omct@omct.org
http://www.omct.org
Case MYS 240603
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Thank you.
Urgent Appeals Desk
Asian Human Rights Commission
