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	AI REPORT 1999: MALAYSIA

At least 35 prisoners of conscience and possible prisoners of conscience were held. People suspected of posing a threat to national security, including opponents of government policy, Shi'a Muslims and peaceful demonstrators, were detained without charge or trial. Hundreds of non- violent demonstrators were arrested; many were beaten by police during arrest and in detention. Detainees were at times ill-treated or degraded, or subjected to severe psychological and physical pressure in order to coerce confessions. Caning was inflicted for a range of crimes. At least six people were sentenced to death. Asylum-seekers were among thousands of Indonesians forcibly returned to Indonesia.     Against a backdrop of severe economic recession, political tensions intensified, contributing to the dismissal from office of Deputy Prime Minister Anwar Ibrahim in early September. Anwar Ibrahim's dismissal sparked mass demonstrations calling for wide-ranging political and social reform and for the resignation of Prime Minister Mahathir Mohamad.     Anwar Ibrahim was arrested shortly after leading a 30,000-strong demonstration through the capital, Kuala Lumpur, in September (see below). Demonstrations in support of Anwar Ibrahim and calling for reform continued, despite a nationwide ban imposed in late September on all further “pro-reform” rallies.     At least 35 prisoners of conscience and possible prisoners of conscience, including human rights defenders and opposition politicians, were held.     Prisoner of conscience Lim Guan Eng, deputy leader of the opposition Democratic Action Party, had his sentence increased to 18 months' imprisonment by the Appeal Court in May. The prison sentence was upheld by the Federal Court, Malaysia's highest court, in August. In 1997 Lim Guan Eng had been sentenced to fines for sedition and “spreading false news” for criticizing the Attorney-General (see previous Amnesty International Reports).     Prime Minister Mahathir dismissed Anwar Ibrahim from his posts as Deputy Prime Minister and Finance Minister on 2 September. The next day the police announced publicly that Anwar Ibrahim was under criminal investigation and released detailed but unsubstantiated allegations of sexual misconduct, tampering with evidence, bribery, and threatening national security. Anwar Ibrahim's adopted brother, Sukma Darmawan, and an academic associate, Munawar Ahmad Anees, were detained, held incommunicado and, on 19 September, pleaded guilty to unlawful sexual relations with Anwar Ibrahim. They were each sentenced to six months' imprisonment. In late September the two men retracted their confessions, saying that they were not given voluntarily (see below). They were prisoners of conscience.     Following his dismissal, rallies in support of Anwar Ibrahim gathered momentum and on 20 September Anwar Ibrahim was arrested under the Internal Security Act (isa), which allows detention without charge or trial for up to two years, renewable indefinitely. Sixteen of his political associates, many of them influential within the ruling United Malays National Organization (umno), were also detained under the isa. They included Ahmad Zahid Hamidi, head of umno Youth, Ahmad Azam Abdul Raham, President of the Muslim youth organization Angkatan Belia Islam Malaysia, and Professor Siddiq Baba of the International Islamic University. All 17 were prisoners of conscience; all except Anwar Ibrahim had been released by mid-November.     The authorities also issued a restriction order under the isa in September against Wan Azizah, Anwar Ibrahim's wife, prohibiting her from speaking at public rallies or holding political gatherings at home.     Others arrested under the isa included Shaari Sungip, President of Jamaah Islah Malaysia, an Islamic non-governmental organization, detained in October, and at least six other alleged “pro-reform” supporters detained between October and December.     The trial of Anwar Ibrahim on charges of sodomy and “corrupt practices” (allegedly misusing his ministerial office to interfere with a police investigation of witnesses linked to charges of sexual misconduct) began in November and was continuing at the end of the year.     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, becoming the longest trial in Malaysia's legal history. 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 holding detained migrant workers (see previous Amnesty International Reports). If imprisoned, she would be a prisoner of conscience.     Seven Shi'a Muslims arrested in 1997, including Lutpi Ibrahim, a university professor, were ordered to be detained without charge or trial for two years under the isa (see Amnesty International Report 1998) for allegedly posing a threat to “national security and Muslim unity”. In February they were sent to Kamunting Detention Centre, Perak state. Six of the detainees had been released by early December, reportedly after undergoing “Islamic faith rehabilitation courses”. Two of those released remained subject to isa restriction orders curtailing their freedom of association, expression and movement. Che Kamarulzaman Ismail remained in detention at the end of the year; he was a prisoner of conscience.     From September onwards hundreds of peaceful protesters were arrested. While in detention, their access to legal counsel was restricted. Most were charged with illegal assembly, which carries a maximum penalty of one year's imprisonment, and released on bail. Mass “pro-reform” demonstrations were forcibly broken up by police using tear gas and water cannon spray containing chemical irritants. In late October, protesters responded to police street clearance operations by throwing stones and violent clashes ensued. Sporadic small-scale peaceful protests continued for the rest of the year, along with the arrest and charging of scores of demonstrators.     Many of the protesters reported ill-treatment by police, including being beaten with fists and batons, kicked and slapped, during and after arrest. Tian Chua, Chairperson of the Coalition for People's Democracy, an alliance supportive of reform, lodged an official complaint stating that following a rally in September, he was beaten in a police truck with batons and later kicked and beaten while in detention.     Detainees arrested under the isa or other legislation, who were held incommunicado at unknown locations, were also ill-treated. Anwar Ibrahim appeared in court in September after nine days' incommunicado detention with a swollen eye and visible bruising. Munawar Anees stated how he was ill-treated and degraded as he was stripped naked, insulted, and shaved bald while being subjected to prolonged, aggressive and disorientating interrogation. Sukma Darmawan also alleged he suffered severe physical and psychological pressure as he was stripped naked in an extremely cold room, beaten and threatened with extended detention under the isa.     Caning, a form of cruel, inhuman or degrading punishment, was imposed throughout the year as an additional punishment to imprisonment.     At least six people were sentenced to death during the year. The authorities revealed that 349 people had been executed between 1970 and 1996.     Asylum-seekers were among thousands of Indonesian undocumented migrant workers forcibly deported back to Indonesia. In March alone, more than 11,000 Indonesians were deported from immigration detention camps around the country. In one forcible repatriation operation in March, eight Indonesians were killed and scores injured. Those deported included people known to be at risk of human rights violations in Indonesia. About 500 of those deported were detained on their arrival in Indonesia and held incommunicado in Rancung Military Detention Centre, Aceh. In the past, detainees in Rancung have been tortured and ill-treated.     A group of 27 Acehnese asylum-seekers who sought protection in foreign embassies were arrested in April and forcibly repatriated later in the year. The un High Commissioner for Refugees was denied access to them. At least 10 Acehnese with leave to remain in Malaysia, two of whom were members of the Acehnese Refugee Committee in Malaysia, were arrested during the year, including one who was ordered detained for two years under the isa. Some were forcibly deported to Aceh.     In April Amnesty International published a report, Malaysia: Asylum-seekers at risk in mass deportation of economic migrants, calling for an investigation into deaths during deportation operations and urging the authorities to halt forcible deportations until they could guarantee that no refugees would be at risk of refoulement (forcible return) in the process.     Amnesty International delegates attended the trial hearings of Lim Guan Eng in March and August and the trial of Anwar Ibrahim in November. In October and November the organization published a series of external briefings, including Malaysia: The arrest of Anwar Ibrahim and his political associates, calling for the immediate and unconditional release of all prisoners of conscience. Amnesty International also urged the government to respect the right of peaceful assembly, to ensure that the police did not use excessive force, and to amend the isa to bring it into line with international standards. 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. The complete edition of the Report, covering more than 140 countries and territories,is published in several languages and is available from Amnesty International sections or, in case of difficulty, from the International Secretariat. Additional places where you can purchase copies of the Annual Report can be found here. 1999 Annual Report Index | Country Index