© Copyright Amnesty International
	AI REPORT 1998: MALAYSIA

(This report covers the period January-December 1997) Fourteen possible prisoners of conscience held under the Internal Security Act (ISA) were released in February; all but one reportedly remained under orders restricting their freedom of association, speech and movement. Ten possible prisoners of conscience were detained without trial under the ISA in November. Members of the Dayak Iban indigenous community were detained and reportedly ill-treated in connection with protests over land rights. An opposition member of parliament found guilty of sedition and publishing “false news” faced a possible prison sentence, as did the head of a women's non-governmental organization on trial for publishing a report on ill-treatment in camps for detained migrant workers. Caning was inflicted for a range of crimes. At least seven people were sentenced to death and at least two people were executed. Although the government of Prime Minister Mahathir Mohamad reiterated its intention to amend the Internal Security Act (ISA), (see Amnesty International Report 1997), it had not done so by the end of the year. The ISA allows detention for up to two years, renewable indefinitely, of any person suspected of threatening the national security or economic life of Malaysia. In September the police threatened to use the ISA to detain local financial traders suspected of “economic sabotage” by assisting foreign financial speculators. In June, in relation to a libel case, the High Court of Malaysia ruled that the UN Special Rapporteur on the independence of judges and lawyers, Param Cumaraswamy, did not enjoy full immunity from Malaysia's legal process, as guaranteed by the UN Convention on the Privileges and Immunities of the Specialized Agencies. In August the government announced that the application of Shari'a law would be standardized in all states. The announcement followed earlier calls by the government of Kelantan state, headed by the opposition Parti Islam Sa-Malaysia, Islamic Party of Malaysia, for punishments of amputation and stoning, and the arrest by Selangor state religious authorities of three Muslim contestants in a beauty pageant. In February, 14 former members of the banned Al Arqam Islamic sect, who were possible prisoners of conscience, were released after being held without trial under the ISA for between six and nine months (see Amnesty International Report 1997). The government had claimed that the detentions were necessary to curb “deviant” religious teaching. Only one of the 14 was reported to have been released unconditionally. The others were reportedly banished to remote districts and placed under orders restricting their freedom of expression, movement and association. In July the government identified at least 24 other Islamic groups it regarded as “deviant”. In November, 10 possible prisoners of conscience, including Lutpi Ibrahim, a university professor, and Paharuddin Mustapha, a scrapyard dealer and former activist with the opposition Malaysian People's Party, were detained under the ISA for alleged “activities prejudicial to national security and Muslim unity”. Lutpi Ibrahim and Fadzullah Shuib, a college lecturer, filed a writ of habeas corpus and the High Court ordered their release. They were rearrested under the ISA on leaving the court-house. Two of the 10 detainees were released in late December but remained under restriction orders. In June, 42 members of the Dayak Iban indigenous community in the state of Sarawak were detained in connection with a dispute over their native customary land with a private company working with a state government agency. They were possible prisoners of conscience. The Iban were arrested without being shown warrants during an apparently lawful, peaceful protest and were beaten, kicked and assaulted with gun butts by police officers. A local magistrate ordered them to sign a six-month “bond to keep the peace”, but they refused on the grounds that they had not committed any criminal offence. The magistrate then ordered their detention. Nine women were released in early July and the remaining men were released in mid-July after relatives paid bail. In August the High Court in Miri granted their appeal and quashed the magistrate's order. At least two similar cases involving Iban were reported during the year. In December three Iban were shot and injured, one fatally, by police during a demonstration against land developers. Several others were injured by police wielding batons, and six Iban were detained for up to 10 days. In April the Malacca High Court found Lim Guan Eng, deputy leader of the opposition Democratic Action Party, guilty of sedition and “spreading false news”. Lim Guan Eng had been charged after he publicly criticized the government's handling of allegations of statutory rape made against a former Chief Minister of Malacca (see Amnesty International Reports 1996 and 1997). Lim Guan Eng was fined a total of US$6,000 and consequently faced being disbarred from parliament. Before Lim Guan Eng lodged his appeal, the Attorney General filed an appeal on the grounds that the sentence was inadequate, provoking concern that the government was seeking a custodial sentence. The appeals had not been heard by the end of the year. If imprisoned, Lim Guan Eng would be a prisoner of conscience. The trial of Irene Fernandez, director of the non-governmental organization Tenaganita, Women's Force, had not been completed by the end of the year. She was charged in 1995 with maliciously publishing “false news” in a report detailing allegations of ill-treatment, sexual abuse and denial of medical care in camps for detained migrant workers (see Amnesty International Reports 1996 and 1997). If convicted, Irene Fernandez faced up to three years' imprisonment or a fine, or both. If imprisoned, she would be a prisoner of conscience. Caning, a form of cruel, inhuman or degrading punishment, was imposed throughout the year as an additional punishment to imprisonment. In July, in the first such case under the amended Immigration Act, six Indonesian migrant workers who returned to Malaysia following deportation, and their Malaysian boat captain, each received jail sentences and two strokes of the cane. During the year at least seven people were sentenced to death and at least two were executed. Most had been convicted of drug-trafficking offences, for which a death sentence is mandatory. Amnesty International urged the government to withdraw all charges against Irene Fernandez and to halt her trial. It urged the government to set up a full, impartial inquiry into the deaths of migrant workers in detention camps and into other allegations of ill-treatment. In March Amnesty International issued a report, Malaysia: The trial of opposition parliamentarian Lim Guan Eng, and called on the government to ensure that those peacefully exercising their right to freedom of expression could do so free from intimidation and the threat of imprisonment. In April the organization urged the authorities to revoke the fine imposed on Lim Guan Eng and not to deprive him of his parliamentary seat. In July and December Amnesty International expressed concern at the arrest, ill-treatment and fatal shooting of members of the Dayak Iban indigenous people, and called for impartial inquiries into the incidents and for the release of detainees held solely on account of peaceful protests. In November Amnesty International expressed concern at the detention without charge or trial of 10 men under the ISA and urged that they be charged or released. Throughout the year the organization appealed to the authorities to end the punishment of caning and to commute all death sentences. Annual Report UPDATE: From January to June 1998 The Malaysian authorities stepped up efforts to expel undocumented foreigners from Malaysia. On 26 March the police mounted a major operation to forcibly deport more than 500 Indonesians from Aceh province who were held in immigration detention camps around the country. The deaths of eight Indonesians and injuries suffered by many others raised serious questions about the level of force used during the operation. Concerns that asylum-seekers among the group could be at risk of human rights violations were heightened when the Acehnese deportees were detained incommunicado for questioning by the Indonesian military on their return to the country. Most were later released, but remained under the scrutiny of local military personnel. The fate of some members of the group remained unknown. On 1 April, Amnesty International protested the decision to sentence opposition parliamentarian Lim Guan Eng to three years’ imprisonment on charges which the organization believed to be politically motivated. The case against him appeared to reflect a desire not only to silence a prominent critic, but also to deter others from expressing dissenting opinion. Lim Guan Eng was imprisoned overnight before raising bail. He remains free pending his final appeal. COPYRIGHT NOTICE: This report is an extract from the Amnesty International Report 1998 and is copyright (c) Amnesty International Publications. You may not alter this information, repost or sell it without the permission of Amnesty International. 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