MALAYSIA: Trial drags on and on for seven suspended university students 

MALAYSIA: Right to assembly, right to education, denied for seven suspended university students
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Dear Friends,

The Asian Human Rights Commission (AHRC) has received a report that the academic careers of seven university students who were detained allegedly for illegal assembly on June 8, 2000, continue to wait for the resumption of their studies pending their trial, which has dragged on for more than three years. As their next court hearing is scheduled to take place from July 7 to 14 this week, your urgent action is required to pressure the authorities to withdraw the charges against the seven students and to reinstate them so that they may continue their studies.

Thank you.

Urgent Appeals Desk
Asian Human Rights Commission

SITUATION

On June 8, 2000, more than 500 students protested against Malaysia¡¯s draconian Internal Security Act (ISA) of 1960 in front of the National Museum in Kuala Lumpur. During the demonstration, seven students were arrested and brought to the Tun H. S. Lee police station at Jalan Stadium where they were detained until the next day when they were granted police bail. They were then charged, however, for allegedly participating in an illegal assembly, which is illegal under Section 27(5) of the Police Act of 1967. All of them were suspended from further studies by their respective universities based on Section 15(d) of the Universities and University Colleges Act of 1971.

Article 10 of the Federal Constitution of Malaysia ensures freedom of assembly. Furthermore, it is a fundamental right recognised by Article 19 and 20 of the Universal Declaration of Human Rights (UDHR) as well as by Article 21 of the International Covenant on Civil and Political Rights (ICCPR). Consequently, the detention of the students who participated in the assembly violates their right to assembly.

Moreover, because of the suspension, the seven students have not been able to pursue their studies for the last three years. The suspension of their studies is a violation of their right to education under Article 12 of the Malaysian Federal Constitution and Article 26 of the UDHR as well as Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Some of them were unable to find a job or to continue their studies. These seven students are mentally suffering now because of the uncertainty of their future and the prolonged legal process. The trial originally commenced only on Oct. 15, 2001, with subsequent hearings held in 2002 on Jan. 2, Feb. 28, May 14, July 9 and Aug. 14. Defence lawyers brought the case before the High Court on a constitutional issue but were not successful in getting the case withdrawn, and the case remains for trial before the Magistrate¡¯s Court. The next trial dates are fixed for this week from July 7 to 14, 2003.

The seven students are:

1. Rafzan Ramli, Mara University of Technology (UTM)
2. Helman Sanuddin, UTM
3. Zulkefle Idis, UTM
4. Wan Mohd. Sanusi Wan Modh. Noor, University of Malaysia (UM)
5. Kairul Amal Mahmud, UM
6. Ahmad Kamal Abd. Hamid, UM
7. Nik Noorhafizi Mik Ibrahim, University Kebangsaan Malaysia (UKM)

SUGGESTED ACTION

Please send a letter to Prime Minister Mahathir bin Mohamad and other government officials in Malaysia, the Human Rights Commission of Malaysia (SUHAKAM) and the chief justice of Malaysia to express your desire for the charges to be dropped against the seven students and for their education to resume immediately. Please also ask for SUHAKAM to create a commission to investigate this case to ensure that the civil rights of students are protected in the future. Lastly, please call for the Universities and University Colleges Act of 1971 to be amended and the ISA to be repealed.

To support this case, please click here: SEND APPEAL LETTER