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 .

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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.