BURMA/MALAYSIA: Sixty eight Burmese protestors holding a peaceful demonstration are arbitrarily detained by the police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from SUARAM, a human rights organization in Malaysia, that 68 Burmese protesters are being detained at the Pudu Police Station in Kuala Lumpur, Malaysia after holding a peaceful demonstration opposite the Myanmar Embassy on 16 June 2005. They held the protest to call for democracy in Burma and show their support for Aung San Suu Kyi, who was to celebrate her 60^th birthday on June 19. However, the police led by the Pudu Police Station Chief, arrested 64 protestors on the spot and the other four persons later in front of Pudu Police Station. They are still detained at the Pudu Police Station. According to the information from the United Nations High Commission for Refugees (UNHCR) in Kuala Lumpur, 38 of those detained carry UNHCR documents. According to SUARAM, none of the detainees have been brought to a magistrate in the first 24 hours of detention.

We urge your strong support to these arrested people. Please send your appeals to the Government of Malaysia and demand the immediate release of all 68 people unconditionally.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Victims: 68 Burmese protesters

Perpetrators: Police force led by Mr. Mohd Asri Mohd Yunus, the chief of the Pudu Police Station

Period of arbitrary arrest/detention: Since 16 June 2005

Place of detention: Pudu Police Station in Kuala Lumpur, Malaysia

Case status: 68 Burmese protesters were arbitrarily arrested and are being detained at the Pudu Police Station without being brought to a magistrate in the first 24 hours since their arrest

Sixty eight Burmese people, including three women, were arrested by the police at about 10:40am of 16 June 2005 and are currently detained at the Pudu Police Station, for taking part in a peaceful protest opposite the Myanmar embassy in Kuala Lumpur, Malaysia.

About 70 pro-democracy protestors had gathered opposite the Myanmar Embassy on June 16 at about 10:00am to show their support for Aung San Suu Kyi, who has been under house arrest in Yangoon for over two years since May 2003. The protest was held to mark Aung San Suu Kyi’s 60^th birthday on June 19. According to the protest organizer, it was staged on June 16 to generate bigger impact as the embassy would be closed on Sunday (June 19).  The protesters carried banners, chanted slogans, sang songs of freedom and called for the unconditional release of Aung San Suu Kyi and other political prisoners in Burma, including U Tin Oo, the vice-chairman of the National League of Democracy (NLD). Pudu Police Station Chief Mohd Asri Mohd Yunus told the protesters that they would be arrested for holding an illegal demonstration if they he did not disperse within 10 minutes. In Malaysia, the Police Act 1967 deems any gathering – without a permit – of more than five people as an illegal assembly that warrants arrest.

According to a witness, the police arrested 64 protestors on the spot at about 10:40am. They were loaded onto a police truck and driven away. The other four persons (two women and two men) were later arrested in front of Pudu Police Station at around 12:30pm. Two out of these four were recognized refugees. According to the information from the United Nations High Commission for Refugees (UNHCR) in Kuala Lumpur, these 68 Burmese people are still being detained at the Pudu Police Station. UNHCR said that 38 of those detained carry UNHCR documents.

SUARAM tried to find out more facts regarding the incident by contacting the investigation officer but failed as he was tight lipped about the current situation of the detainees. It was initially stated that the detainees are arrested for unlawful assembly. However, it is unclear under what law the 68 people are being detained. SUARAM also informed that none of the detainees have been brought to a magistrate in the first 24 hours of their detention. However, under Section 51(5)(b) of the Immigration Act 1959/1963, a non citizen can be detained up to 14 days before being taken to a magistrate.

The AHRC believes that the police action against the Burmese protesters is in violation of the freedom of assembly enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR). All human beings are entitled to this right without distinction of any kind, including nationality. We urge the Government of Malaysia to release those arrested immediately. In the meantime, the Government must allow the UNHCR to visit these people and ensure that they are not being tortured and or otherwise ill treated.

SUGGESTED ACTION:

Please send your appeals to the relevant authorities listed below and urge them to release arrested Burmese immediately.