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, that 68 Burmese persons are being detained in connection with a demonstration at the Burmese Embassy in Malaysia, which took place on 16 June 2005.

According to the information received, at about 10.00 am on 16 June 2005 about 70 persons gathered in front of the Burmese Embassy to show their support for Aung San Suu Kyi, whom was sent to jail in May 2003 and currently remains under house arrest. Led by Pudu Police Station Chief, Mohd Asri Mohad Yunus, police arrived on the scene at 10.20 am and told protestors they had ten minutes to say what they wanted to say and then ordered them to leave. The Police Chief warned that whoever refused to leave would be arrested for staging an illegal demonstration.

The police arrested 64 at the scene of the demonstration and a further four were arrested in front of the Pudu Police Station at 12:30 pm. Two of the later four persons are recognised refugees. Demonstrators were held at Pudu Police Station and then transferred to Cheras Police Station around 2.00 pm only to be returned to Pudu Police Station later that same day.

According to information received, 38 of the 68 detainees were carry UNHCR documents and three of the detainees are women. Representatives from SUARAM attended Pudu Police Station and attempted to discuss the detention of these people with the Investigations Officer but he refused to talk about the current situation of the detainees. Initially, the demonstrators were arrested for unlawful assembly, however, the official charges are unknown and none of the detainees have appeared before a magistrate despite the fact that according to law all detainees must appear before a magistrate within 24 hours of their arrest. In addition, s. 51(5)(b) of the Immigration Act 1959/1963 states that a non-citizen can be held for up to 14 days before being brought before a magistrate.

The International Secretariat of OMCT is gravely concerned over these events and recalls that the rights to freedom of peaceful assembly and association are guaranteed by international human rights law, namely Article 20 of the Universal Declaration of Human Rights and Articles 21 and 22 of the International Covenant of Civil and Political Rights.

Action requested

Please write to the authorities in Malaysia urging them to:

1. Take all necessary measures to guarantee the physical and psychological integrity of the 68 demonstrators;
2. 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;
3. Guarantee the respect of human rights and the fundamental freedoms including civil and political rights throughout the country in accordance with national laws and international human rights standards.
   
   

Addresses:

• Dato Seri Dr. Mahathir bin Mohamad, Prime Minister, Prime Minister's Office, Federal Government Administration Centre, 62502 Putrajaya, Malaysia, Email: ppm@smpke.jpm.my; Fax: +603 8888 3444,
• Dato Abdullah Haji Ahmad Badawi , Minister of Home Affairs & Deputy Prime Minister, Menteri Dalam Negeri,Aras 13, Blok D1,Parcel D, Pusat Pentadbiran Kerajaan Persekutuan,65202 Putrajaya,Selangor, Malaysia,Fax:+ 60388868014, tpm@smpke.jpm.my
  
• Tan Sri Norian Mai, Inspector General of Police, Ketua Polis Negara, Ibupejabat Polis Diraja Malaysia, Bukit Aman, 50502 Kuala Lumpur, Malaysia, Fax: + 60 3 2273 1326
• Attorney General of Malaysia, State Attorney General's Chambers, 9th Floor, Yayasan Sabah Building, 88990 Kota Kinabalu, Sabah, Malaysia, Fax: 6-088-425774
• Mr. Tan Sri Dato Musa Bin Mohamad, Minister of Education, Kementerian Pendidikan Malaysia, Faras 7, Block J, Pusat Bandar Damansara, 50604 Kuala Lumpur, Malaysia, Email: musamohd@moe.gov.my
  
• Human Rights Commission of Malaysia (SUHAKAM), 29th Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur, Malaysia, Fax: +603 2612 5620, Email: humanrights@suhakam.org.my
  
• Mr. Mohamed Dzaiddin Abdullah, Chief Justice of Malaysia, Federal Court of Malaysia, Bangunan Sultan Abdul Samad, Jalan Raja 50506, Kuala Lumpur, Malaysia,
• Ambassadeur, Rajmah, Hussain, ICC-1er / H / Pre-Bois 20 / CP 1834, CH-1215, Geneve 15, Suisse, e-mail : mwgeneva@ties.itu.int, fax: +4122 710 75 01
  

Please also write to the embassies of Malaysia in your respective country.

Geneva, 22 June 2005