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By Edmund Bon , Nik Mohamed Ikhwan and Joachim Maria
We visited the detainees on 14 June 2005 (10am-345pm). Whilst the Tempat Tahanan Perlindungan Kamunting camp officials were unusually nice, we felt there was an ulterior motive to that, and after the visit Corp Minder bought us drinks to "soften" us and try to get information as to what we were trying to do next. Tuan Azmi appeared not to know that the Parliamentary Human Rights caucus is coming on 17 June.
Camp did not allow us to see all of them at the same time, despite our protest, and we suspect it is because they do not want the detainees to mix freely with each other as per past practice. Nevertheless, all the detainees we met despite being separated now have held strong to their beliefs that they should be charged in court or released.
In addition, camp asked us for all the warrants to act before we could see them to which we protested and we said we have been seeing them for years now, and why is this issue raised. Nevertheless, they wanted to have a copy for the file and we allowed them to photocopy the warrants to avoid protracted arguments.
Brief details of the visit: 1.
1st group - Block T4A : Samad Shukri, Sha Sharijan, Suhaimi Mokhtar, Masran
Arshad, Shukry Omar Talib, Zamzuri Sukirman, Abdul Rashid Anwarul, Zainun
Rasyhid 1.1
Caucus on 17 June 2005 - discussed strategies and issues. They want to meet with
the caucus personally, and they are afraid they will be ignored for the "good
detainees" at T2A and T3 who will most likely give a rosy picture of camp and
the ISA.
3 main issues:
On release after 2 years (all have been held for more than 3 years) using
Nazri's assurance when he spoke to Laila, GMI, M'kini at lobby of Parliament in
the presence of Amer, Kit Siang and Edmund (18 January 2005 - see Malaysiakini
reports below), and developments internationally including Guantanamo and fact
that recently JI leaders in Thailand and Bakar Bashir were acquitted after
terrorism charges at trial. Till date, Nazri has not responded to whether Noh
Omar or Badawi whom he was supposed to see have given their response. How long
are the authorities planning to detain them without trial?  Camp conditions such as not enough time for visitation, separation by wire mesh
and fiberglass, letters being censored and asked to be re-written and
photocopied by camp before being sent and letters taking to long to arrive
destination, not informing of death of family members immediately (eg : Shukry
could not pay his last respects to his father when he died as he was only
notified some days after the death) and handcuffing when being taken to see the
MA (medical assistant). Related to this, the basic complaint is that the
detainees are being treated like convicts rather than administrative detainees
who are unconvicted.
Families' welfare - there are over 300 children and 100 wives being affected by
the continued detention of the fathers/husbands. To emphasis this, and
especially when Sharizat came out to support the plight of the families.
Subsidiary issues of Mykad and riot incident (caucus may use riot incident to
sidetrack investigation into the real conditions at camp). Spoke about caucus members and in particular Nazri and Kit Siang and how to
lobby the latter who we said we have made contact with and will do whatever is
necessary to highlight the plight of the detainees. Advised them to prepare a written statement for the caucus and copies for each
Nazri, Kit Siang and the press (to be given to the caucus for release to the
press immediately after the visit on 17 June). We will then get a copy from Kit
Siang for Gerakan Mansuhkan ISA ("GMI") for the possibility of raising it at a
press conference or vide media advisory immediately after the visit so that the
detainees' position may be highlighted to counteract any "negative" statements
of the caucus. 1.2
GMI roadshow to raise public awareness. 1.3
Prisoners' rights suit. They agreed to proceed to file suit after the necessary ground work is done to
once and for settle issues as to camp conditions - visitation rights, family
welfare, group prayers on Friday ("jemaah solat"), handcuffing etc 1.4
Masran's documentation. He passed me a hand written account of his experience including when detained by
the CIA and wants us to help him publish it. 2.
2nd group - Block T2B : Mat Sah Satray, Roshelmy Sharif, Mohammed Kadar,
Abdullah Mohamed Noor, Bakkery Mahhamud, Mohidin Shaari, Ismail Anwarul, Mohd
Zamri bin Sukirman 2.1
Caucus as per above in 1.1. Again, they highlighted that they are being treated worse than the convicted
prisoners in camp. According to them, Special Brach have said to some of them
that because the developments outside the country are "panas", they will not be
released. They questioned the actual methods and criteria used to release
detainees - eg : Razak was because he was very ill but what about Iqbal and Wan
Min? These men are supposedly high-ranking JI leaders yet they have been
released. The detainees feel they are being used as "scapegoats" to fuel
international hunger and in particular, US's relations with Malaysia to combat
terrorism. Several "good detainees" in T2A and T3 such as Idris Salim, Nordin,
Haji Al-Bakkery and Azmi have been taken to Police Remand Center on numerous
occasions and promised release but till now, there has been no action on this by
the authorities. 2.2
Similar issues as per above in 1.2 and 1.3. In addition, they are asking for courses to be given to them so that they will
be able to earn a living once they are released. In particular, Sha Sharijan and
Roshelmy want "kursus keushawanan" as they have lost they jobs and despite the
camp representing there are such courses on a continuous basis, it is not true -
since their detention, only 2-3 such courses have been run for more than 3 and a
half years. 3.
3rd group - Tempat Penerimaan : Shahime Ramli, Sulaiman Suramin, Wan Amin Wan
Hamat, Zaini Zakaria, Jessy Panda @ Abdullah Zaini Sajidan, Ibrahim Ali @
Saifullah Ibrahim Sucipto, Deni Ofresio @ Ahmad Faizol Imam, Terhamid Dahalan @
Adi Utomo Sukamto, Zakaria Samad, Ahmad Zakaria, Hasim Talib, Sofian Salih 3.1
This is the most vulnerable group now. For more than 6 months since the riot on
8 December 2004, they have been not been housed in proper cells but the "Tempat
Penerimaan" which is used as initial orientation cells when detainees arrive at
the camp, and further as "punishment cells" of solitary/dual confinement. 3.2
Zaini Zakaria, Ahmad Zakaria, Deni Ofresio and Sulaiman Suramin are in solitary
confinement. Ibrahim Ali and Sofian Salih, Wan Amin and Terhamid, Shahime and
Hasim Talib, Jessy Panda and Zakaria Samad are in dual confinement. 3.3
Details of their confinement: There is no bed or mattress, and the detainees sleep on cement floor.
There are no lights in the cells.
There is no clock in the cellss and the detainees are unable to tell the time as
their watches have been confisicated.
There is a air vent at the top of the rooms (1 X 2 feet) with metal bars.
On one occasion, Terhamid encountered a snake which entered his cell. On
another, a "lipan" entered Sulaiman's cell.
The diet provided is a "punishment diet" as defined in Internal Security
(Detained Persons) Rules, 1960 ("Rules").
The detainees have to shave their hair and moustaches every 2 weeks.
Some of the detainees have skin problems (eg : itchiness) and infections.
The doors of the cells are open only from 7-11am daily. From 11am-7am (next
day), the detainees are confined in their cells.
The detainees cannot pray in a group ("jemaah solat") as they used to because of
the confinement.
The detainees are not given thermos flasks as they used to and they cannot drink
warm water.
3.4
The detainees are treated this way purportedly because of the December riot.
However, under rules 71 and 72 of the Rules, a detainee may only be punished
after due enquiry, and the punishment is limited to either a reprimand,
deprivation of cerain luxuries or privileges, or confinement in a punishment
cell on a punishment diet for a term not exceeding 5 days for a minor offence or
7 days for an aggravated offence. 3.5
There was no due enquiry or hearing in respect of any or all the detainees. No
charges wher even proferred before the detainees were forced into the punishment
cells. Further, such punishment is limited to only 5 or 7 days. 3.6
They would like to meet the caucus to have their situation improved. The
treatment meted is cruel, inhuman and degrading. Sofian Salih and Hasim Talib
are Filipinos and they have sought refugee status with UNHCR. They were detained
on arrival at Sabah, when they were on transit to another country. Ahmad Zakaria,
Ibrahim Ali, Zakaria Samad, Terhamid, Jessy Panda and Deni Ofresio are
Indonesians and should be returned to Indonesia. The Indonesian Embassy have
been notified of this. 4.
4th group - Block T2A : Nassir Anwarul and Kamarudzaman Samsuddin 4.1
They were split from the group above in 1 and below in 5. Their concerns are
repeated above in 1. 5.
5th group - Block T1 : Abdullah Minyak Silam, Abdul Murad Sudin, Ahmad Yani
Ismail, Mohd Faiq Hafidh, Yazid Sufaat, Mohd Khider Hadran, Zid Saharani Mohamad
Esa 5.1
Their concerns are repeated above in 1 subject to the following. 5.2
After the December riot, and for the years before the 2004 December riot, the
detainees have been branded the more "vocal" group as they regularly voice their
concerns to the camp, lawyers, SUHAKAM and the press by writing letters and
memorandums. They are now under high security surveillance compared to the rest
of the detainees. 5.3
Since 9 December 2004, they have been under solitary confinement in cells within
their block and the times are as follows: 7-1130am : cells
open
1130-2pm : cells close
2-7pm : cells open
7pm-7am : cells close Fridays
7-1130am : cells open
1130-245pm : cells close
245-7pm : cells open
7pm-7am : cells close Sunday and public holidays
7-1130am : cells open
1130-230pm : cells close
230-7pm : cells open
7pm-7am : cells close
5.4 The detainees are handcuffed
when they are taken to see the MA, to hospital and when the police and SB meet
with them. Essential toiletries and writing materials are denied. Letters are
censored or asked to be re-written before it is sent. It takes a long time for
letters to reach the receipients because if the letters are to lawyers or
SUHAKAM, the letters must first be vetted by the Head Office of the Jabatan
Penjara and/or KKDN. 5.5 The detainees have lodged various
reports against the prison officers who assaulted and ill-treated them during
the December 2004 riot, and so that their side of the story may be presented,
but to date no action has been taken.
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