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Open Letter to the Minister for Internal Security and Home Affairs – YB Datuk
Syed Hamid Albar
September 15, 2008
YB Datuk Seri Syed Hamid Albar
Kementerian Hal Ehwal Dalam Negeri, Malaysia
Blok D2, Parcel D
Pusat Pentadbiran Kerajaan Persekutuan
62546 Putrajaya
YB Datuk Seri,
Administrative detentions without trial of:
Raja Petra Kamaruddin – blogger
Tan Hoon Cheng – journalist
Teresa Kok – Member of Parliament and State Legislative Councilor
The arrests and detentions without trial and the circumstances leading to the
same of the abovenamed three under the Internal Security Act 1960 (ISA) on Sept.
12, 2008 are a source of grave concern for the rule of law and democratic values
in Malaysia. All three are reported to have been detained under Section 73 (1)
of the Act for purposes for police inquiry on grounds that there were reasonable
cause to believe that they were acting in a manner prejudicial to the security
of Malaysia. Under the same Act they can be detained for 60 days thereafter you
as Minister could sign a detention order for further detention up to 2 years
which could further be renewed. All such detentions are without trial and
without any form of judicial supervision.
A further cause for concern is over the show cause letters sent to three
newspapers by your Ministry to explain within one week for manipulation of
sensitive issues, reporting a racially sensitive statement made by a politician
belonging to the dominant political party currently in control of the government
and for reporting that the present Inspector General of Police had been "paralysed"
after undergoing a bypass surgery. Those notices were served on the newspapers
under the Printing Presses and Publication Act 1984, a legislation for annual
licensing of newspapers by the Executive.
Obviously if their explanations are not found satisfactory by you the annual
licenses issued for these newspapers would be revoked. The decision to revoke is
final and under the Act cannot be questioned "by any court or any ground
whatsoever". Service of such notices leaves a chilling effect on freedom of the
press.
With regard to the arrests and detentions in the case of Raja Petra Kamaruddin,
there are two charges for sedition and criminal defamation pending against him
for the very news items posted in his blog. Without awaiting the trials on these
charges detaining him administratively would be seen as interfering into the due
process of the court and prejudging the criminal charges and could amount to
contempt of court. Such detention could also be seen as preventing him from
adequately preparing his defences to the two criminal charges.
In the case of journalist, Tan Hoon Cheng, though it is a relieve that she has
since been released after 18 hours of detention yet to subject her to such
arrest and detention under the ISA for having recorded and reported accurately
in the newspaper what is now alleged to be sensitive is beyond belief. What is
of serious concern was the person who uttered the alleged sensitive remark,
Datuk Ahmad Ismail, is currently under investigation for sedition. To date, it
is reported that the police had not completed their investigations. Yet how in
the interim the journalist who reported could be a threat to the security of the
State is most puzzling. How did the police come to believe that she could be a
threat to State security when the investigations were incomplete? Your
clarification at your press conference on Sept. 13 that she was detained partly
because of "alleged threats on her personal safety" is untenable. A country
where the government has been resisting legislation to provide whistle blowers
protection could resort to arbitrary detention under such a draconian
legislation to provide such protection is shocking indeed.
Why the journalist who merely recorded and reported the statement was subjected
to such detention when the person who uttered the statement is still not charged
under the Sedition Act is yet to be explained. Your contention is that Datuk
Ahmad has been suspended for three years from his political party meant that
action has been taken against him. This is most unsatisfactory. The suspension
from his political party was an internal party procedure. No action as yet has
been taken against Datuk Ahmad by the State for an offence against the State. In
any event the fact that UMNO (the political party) suspended him must
necessarily mean that what she reported was true and correct.
In the case of Member of Parliament, Teresa Kok’s detention, you were reported
to have said in the press conference that "She started a very sensitive issue
with the question of the ‘azan’ and it should be stopped". She vehemently denied
these allegations from the beginning and from media reports of various persons
including the mosques concerned there appears abundance of evidence to support
her denial. Yet todate no action seems to have been taken against the former
Chief Minister of the State of Selangor, Khir Toyo, who lost his seat and his
government in the March 8, general elections. It was he who made the allegations
against her which were reported in a vernacular newspaper. Should he not be
investigated for the offence of false news under Section 8(A) of the Printing
Presses and Publications Act 1984 if not detained under the ISA?
The newspaper which originally published the news too may have committed the
same offence. It is learnt that a police report has been lodged against Khir
Toyo. What is the state of the investigations? Why detain Teresa Kok in the
interim?
These latest developments are reminiscent of what happened in Malaysia in 1987
when 106 were detained under this draconian legislation and four newspapers
banned. Those detentions led in the following year to the government’s assault
on the independent judiciary. It is also reminiscent of how internal dissensions
within the dominant political party in power spilled over to violations of human
rights and fundamental liberties and rule of law in the nation with the guardian
of these values namely the judiciary severely damaged and still not recovered.
There is something most unsettling over the conduct of the police on the
investigations of the police reports lodged and the selectivism applied in the
actions taken thus far.
As I mentioned in my earlier letter addressed to you on March 24, 2008 regarding
the continued detention of the five Hindraf leaders under the ISA detention
without trial offend the first principle of the rule of law.
I urge you to without delay take appropriate action to release Raja Petra and
Teresa Kok from detention. I also urge you to withdraw the three show cause
notices served on the newspapers
I am copying this letter to the Chairperson of the UN Human Rights Council, the
UN High Commissioner for Human Rights and the Secretary General of the
Commonwealth in which bodies Malaysia is much involved. It is to bring to their
attention the fragility of the rule of law in Malaysia and how it is
deteriorating. With these developments Malaysia’s role in these bodies is
tenuous. I hope Malaysia is called upon to account for the violation of the rule
of law, human rights and democratic values before these bodies. The Malaysian
government must be ashamed of itself. The developments must be a source of
embarrassment to YB Dato Seri Mohd Shafie Aqbal who only in August was elected
Chair of the EXCO of the Commonwealth Parliamentary Association.
Yours sincerely,
Dato’ Param Cumaraswamy
(former UN Special Rapporteur on the Independence of Judges & Lawyers)
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