Case MYS 130707.1
Follow-up of case MYS 130707
Whereabouts located/ Arbitrary detention/ Release
Geneva, 18 July 2007
The International Secretariat of the World Organisation Against Torture (OMCT) has received new information in the following situation in Malaysia.
New information
The International Secretariat of OMCT has been informed by SUARAM, a member of the SOS-Torture network, about the release on police bail of Mr. Nathaniel Tan, employee of the Peoples' Justice Party (PKR - Parti KeADILan Rakyat) information bureau and blogger, on 17 July 2007, after having been taken from his office for questioning by three plainclothes police officers on 13 July 2007 and detained initially without any information about his whereabouts.
According to the information, his arrest and exact location were eventually confirmed and revealed by the police after six hours continued pressure on the evening of 13 July 2007. Mr. Tan was detained at the Dang Wangi police station and his parents were eventually allowed to meet him on that evening.
Mr. Nathaniel Tan was reportedly arrested by police officers from the Commercial Crime Department of the police force following a police report lodged in relation to an anonymous posting in the blog of Mr. Tan alleging a 5 million ringgit bribe received by the Internal Security Minister in exchange of the release of three triad leaders under the Emergency Ordinance, which provides for indefinite detention without trial. According to the information, the police informed that he was arrested for investigation under section 8 of the Official Secret Act regarding wrongful communication of official secret. On the day of his arrest, Mr. Tan was also reportedly brought by the police to his house to seize his computer.
According to the information received, on 14 July 2007, the police brought Mr. Nathaniel Tan to Magistrate’s court to apply for an extension of detention, allegedly without informing Mr. Tan’s lawyers of the time and place of the remand application, even though the lawyers had asked them repeatedly to do so. It is reported that another human rights lawyer named Uthayakumar, who was at the Magistrate’s court at that moment, saw Mr. Tan being brought in and informed Mr. Tan’s lawyers of his presence at the Magistrate’s court. Even though Mr. Tan’s lawyers objected to the application of the remand order by the police, the Magistrate allowed a four day extension of his detention. His lawyers filed a judicial revision against the remand order on 16 July 2007.
Mr. Tan was eventually released on police bail at around 5pm on 17 July 2007.
The International Secretariat of OMCT welcomes the release of Mr. Nathaniel Tan but remains concerned about his personal and physical integrity. OMCT calls on the Malaysian Government to guarantee his integrity at all times and end any judicial proceedings against him in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times. Moreover, as an elected member of the United Nations Human Rights Council, Malaysia should guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Reminder of the situation
According to the information received, at about 4:45 pm on 13 July 2007, Mr. Nathaniel Tan had been taken for questioning by three plainclothes police officers. They were believed to be from the Special Branch and had reportedly asked Mr. Tan to follow them for questioning in the Bukit Aman police headquarters without providing any reasons why he had to do so.
The police also had allegedly requested that Mr. Tan brings his notebook computer with him for questions that were believed to be related to postings on the Internet. According to the same information, the whereabouts of Mr. Tan had remained unknown for about six hours during which the police had denied that Mr. Tan was detained in Bukit Aman police headquarters.
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 Mr. Nathaniel Tan;
ii. End any judicial proceedings against him in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. Order a thorough and impartial investigation into these events, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. Sign, ratify and implement the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) as well as the Optional Protocol to this Convention (OPCAT);
v. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
- Mr. Dato’ Seri Abdullah bin Haji Ahmad Badawi, Prime Minister and Minister of Internal Security 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
- Mr. Datuk Radzi Sheikh Ahmad, Minister of Home Affairs, Level 12, Block D1, Parcel D, Federal Government Administrative Centre, 62546 PUTRAJAYA, Tel: +60 3 8886 8000, Fax: +60 3 8889 1613
- Mr. Tan Sri Musa Hassan, Inspector-General of Police, Ibu Pejabat Polis Diraja Malaysia, Bukit Aman, 50560 Kuala Lumpur, Fax: 0060 3 2273 9602
- H. E. Ambassador King Bee Hsu, ICC-1er/ H, Pre-Bois 20, P.O. 1834, CH-1215, Geneva 15, Switzerland, Email : mwgeneva@ties.itu.int, Fax: +41 22 710 75 01
Please also write to the embassies of Malaysia in your respective country.
Geneva, 18 July 2007
