Detention of Minors under the EO is Arbitrary!

SUARA RAKYAT MALAYSIA

Address: 433A, Jalan 5/46, Gasing Indah, 46000 Petaling Jaya, Selangor , Malaysia .

Telephone: +6 03 7784 3525 Fax: +6 03 7784 3526

Email: suaram@suaram. net Web: www.suaram.net

Press Statement: 12 March 2010

Detention of Minors under the EO is Arbitrary!

Suaram expresses disappointment and concern over the detention of the three minors and one youth under the Restricted Residence Act (RRA) 1933 for 2 years. The detention order under the RRA was issued by the Home Minister on 11^th March 2010. The four individuals are Jagendran s/o Panir Selvam (920522-05-5586) , Gunaseelan s/o Suppiah (940723-10-5755) , Puspanathan s/o Muniandy (940328-10-5595) dan Rajkumar s/o Vijayan (890711-14-5589) .

The four were arrested by the Kajang District police officers on the 21^st December 2009, allegedly for involvement in being public nuisance and for possession of a stolen vehicle in their residential area in Semenyih. But until today these allegations against them have not been proved in any court. On the other hand, the four of them have also been brought on a 'remand roadshow' by the police before being pinned under the Emergency Ordinance (Public Order and Crime Prevention). On 10^th January 2010, they were served with detention order under the EO which allows for detention without trial. The four have been detained for 60 days and they were tortured physically and mentally by the police during the entire duration of their detention.

SUARAM is appalled at the increasing number of minors detained under the EO. SUARAM strongly condemns the Minister’s decision to pursue the detention of the minors and the youth under the RRA. Worst still, the detainees will most likely face traumatic experiences and difficulties in their new restricted area. Their rights to move freely, rights to education and more importantly, rights to live a better life with their family have been deprived. This is an outright abuse of power by the Minister who has been blindly signing the detention order. The gross misuse and abuse of the EO on ordinary citizens of the country does not merely lie with the police but with the slipshod manner of the Home Ministry itself.

As of December 2009, it was reported by the media that 819 persons were being detained without trial under the EO at Simpang Renggam Detention Centre and other detention centres around the country. This number does not include those detained without trial in other detention centres around the country. Going by this number of people detained, the EO can be deemed to be ten times worse than the infamous Internal Security Act (ISA) which also allows for arbitrary detention.

SUARAM recognizes the responsibility of the Malaysian government to curb crime and to deal with criminals, gangs and syndicates. But the government should not resort to means that violates human rights such as the EO in efforts to address criminal activity. Unfortunately in Malaysia, EO has been frequently abused by the police and government to deal with suspects of petty crimes. This is an outright misuse of power by the police and the Home Ministry in dealing with the EO detainees, particularly when they have absolute power and their decision cannot be challenged in court. Detention of any individual without trial is a violation of fundamental human rights.

SUARAM urges the government to withdraw the restricted order that have been served to the four of the detainees that have been mention above and immediately release them without any further conditions.

Detention without trial is a gross human rights violation. It violates Article 9, 10 and 11 of the Universal Declaration of Human Rights 1948 and Article 8 of the Covenant on Civil and Political Rights, and the Federal Constitution which guarantees due process and security of persons.

Malaysia has adequate laws in the Child Act 2001 that provides proper procedures of handing arrests and detention of children. Malaysia has ratified the United Nations Convention on the Rights of the Child (CRC) and is obligated to protect and uphold the rights of the child. By detaining minors and subjecting them to such harsh treatment, the government is committing a blatant violation of child rights.

Therefore, we call up on the government to:

1. Immediately repeal the EO, DDA and ISA;
2. Stop re-arresting individuals under the same law (or any other preventive laws) especially those released by the courts through habeas corpus applications or through the recommendations of the Advisory Board ; if need be, they should be charged under existing criminal laws;
3. Stop arresting minors under the EO and respect their rights as laid out under CRC;
4. The police should immediately stop making any further arrests under EO ;
5. All those who are currently detained or restricted under EO should be released immediately or be charged in open court under existing criminal laws.

Released By,

Nalini.E

Detention without Trial Coordinator,

SUARAM