Blatant Abuse of Power by the Police in Latest DDA Arrest : Release Actor Benjy Immediately!

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: 26 March 2010

Blatant Abuse of Power by the Police in Latest DDA Arrest:

Release Actor Benjy Immediately!

SUARAM condemns and expresses its grave concerns over the arrest of actor Khaeryll Benjamin Ibrahim @Benjy under Section 3 of the Dangerous Drugs Act (Special Preventive Measures) 1985 (DDA), which provides for detention without trial up to 60 days, just minutes after he was released by the Magistrate's Court. No grounds were given as why he was arrested under section 3.

Benjy was freed yesterday (25 March 2010) on a RM2,000 bail with one surety but he was re-arrested by a group of 10 plainclothes personnel at 2.50pm, immediately after his mother, actress Azean Irdawaty, posted bail. None of the arresting policemen informed his mother the reasons of Benjy’s re-arrest and instead referred her to their superior officer for more information. Even the lawyers representing Benjy was not allowed by the police to assist Benjy.

Abuse of power and contempt of court

The re-arrest of detainees after being freed by the court is an outright abuse of the system by the police and the government. The use of the DDA or any other preventive detention laws leave those arrested with almost no recourse against wrongful arrest and detention. Worst still, the detainee will most likely face traumatic experiences in the first 60 days of detention under the DDA. SUARAM has documented numerous allegations of flawed police investigations and acts of torture, inhuman and degrading treatment by the police to obtain confession under duress from the DDA detainees.

The use of the DDA, particularly in instances where individuals have already been freed by the court such as the latest case of Benjy, is a blatant abuse of power by the police. Not only has the police disregarded the Magistrate Court ’s decision to release him on bail by detaining him without trial for 60 days, the DDA further confers powers to the Home Minister to sign two-year detention orders which can be renewed indefinitely at the end of the initial 60-day detention. The Home Minister’s decision cannot be challenged in court.

No justification for DDA (the other ISA )!

SUARAM recognizes the responsibility of the Malaysian government to curb crimes and to deal with drugs dealers, drug addicts, criminals, gangs and syndicates. Notwithstanding this, there is no justification for the government to resort to the use laws such as the DDA which violate human rights.

In societies governed by the rule of law, any person suspected of committing a crime is presumed innocent until proven guilty by a court of law which complies with international fair trial standards. The use of the DDA, however, is clearly in contravention of this universal principle. As such, like the ISA , the DDA has no place in any civilized society!

SUARAM stresses that the arbitrary detention of any individual without trial is a gross violation of fundamental human rights which clearly contravenes Article 5(3) of the Federal Constitution.

Release Benjy and all other DDA detainees! Abolish the DDA!

SUARAM therefore demands the police to release Benjy immediately and unconditionally.

SUARAM further strongly calls on the government to abolish the Dangerous Drugs (Special Preventive Measures) Act (DDA) and other detention-without- trial laws. Those held under these laws must be charged in court or released unconditionally.

Released By,

Nalini, E

Coordinator

Campaign against Detention without Trial

SUARAM

Court of Appeal’s Decision on Abdul Malek Hussein Retrogressive and Unjust!

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

Press Statement: 25 March 2010

Court of Appeal’s Decision on Abdul Malek Hussein

Retrogressive and Unjust!

Suara Rakyat Malaysia (SUARAM) expresses its disappointment over the Court of Appeal’s judgement today which overturned a RM2.5 million award to former Internal Security Act (ISA) detainee Abdul Malek Hussein following an appeal by the Malaysian government.

The appellate court, convened by a panel of three judges, reversed the High Court decision and ruled that Abdul Malek’s detention was lawful and rejected his allegations of torture while in custody. The Court of Appeal thus ruled that Abdul Malek will not receive the damages awarded to him by the High Court and ordered Abdul Malek instead to pay RM50, 000 in costs.

Court Rules In Favour of Human Rights Violators!

The judgement by the Court of Appeals is indeed retrogressive and clearly contravenes basic and universally recognised human rights principles. SUARAM, which has campaigned for the abolition of the ISA since 1989, views this as a black day for human rights in the country, with the courts ruling in favour of blatant violators of human rights and thus denying justice for victims.

SUARAM also views this as another dire attempt by the government to defend the indefensible ISA which allows detention without trial. It is a known fact that all ISA detainees are subjected to severe psychological torture and put in solitary confinement in their 60 days detention. Detention without trial for such a long period without any access to lawyers, family and the outside world is itself a cruel maltreatment to the detainees. Many amongst them, like Abdul Malek, have been subjected to physical torture while in detention.

Malaysia Accepts Torture?

The Court of Appeal’s judgement today, rejecting the findings of the High Court that Abdul Malek was indeed tortured while in detention, did nothing more than to reaffirm the acceptance of torture in the country not only by the Malaysian government – which has still to date refused to ratify the UN’s Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) – but also by the Malaysian judiciary!

SUARAM strongly urges the Malaysian government to immediately ratify the CAT. SUARAM finds no reason for the refusal of the government to do so but for its acceptance of torture as a punishment in the country!

Abolish the ISA!

The absence of judicial checks and balances in ISA detentions has also exacerbated the abuses of power by the police who can get away with impunity. It has also facilitated torture and ill-treatment of detainees. Malaysia cannot call itself a democratic country when there is such a law that permits detention without trial and gross violation of human rights.

SUARAM reiterates its demand that the government abolishes the ISA, frees all detainees or accord them a fair trial. SUARAM stands strongly against any law that provides for detention without trial.

Last but not least, SUARAM reaffirms that it will build on the struggles, sacrifices and perseverance of the numerous courageous ex-ISA detainees and their families who have stood up against the draconian law. With the support of the people, SUARAM will continue the struggle until the ISA is finally abolished.

Released by,

Nalini, E.
SUARAM Coordinator

Background

Abdul Malek Hussein was arrested on the night of September 25, 1998 after addressing a demonstration earlier that afternoon in Masjid Negara. He accused the police of severely assaulting him, physically and mentally.

In the past trial, Malek told the court that he was slapped by the respondent, Borhan bin Haji Daud when he was arrested. Then he was stripped naked and blindfolded during the interrogation period. He was physically assaulted for about 60 times, beaten-up and hit hard on the head until he passed out. He was also forced to swallow liquid with terrible stench, which deemed to be urine. His interrogators also threatened to inject him with the HIV/AIDs virus.

Abdul Malek filed his suit civil suit in March 1999, naming special branch officer Borhan Daud, the then police chief Abdul Rahim Noor and the government as respondents. On 18 October 2007, then Kuala Lumpur High Court judge Mohd Hishamudin Mohd Yunus, ruled that Abdul Malek's detention during the reformasi demonstrations in 1998, were made in bad faith under Article 5 of the Federal Constitution. He was rewarded RM 2.5 Million for the damages.