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Malaysia: Human Rights Under Threat- the Internal Security Act (ISA) and other restrictive laws

Background
Since the 1970s Amnesty International has raised serious concerns that fundamental human rights enshrined in the Malaysian Constitution and international human rights law are threatened by the Internal Security Act (ISA), which allows indefinite 'preventive' detention without trial, and by a broad array of other laws restricting rights to freedom of expression, assembly and association.
Many of these laws were inherited from the British former colonial government and subsequently tightened incrementally. Their application has been both politically-motivated and selective, with those targeted including political or social activists, academics, students, journalists, trade unionists and other peaceful members of civil society perceived by the government as threats.
Students and academics under threat
Malaysian students and academics wishing to engage in political activities face severe restrictions under the Universities and University Colleges Act (UUCA). According to the act, students may be imprisoned for six months and fined if they are active in any political party, society, or trade union without their university's permission.
Prime Minister Mahathir Mohamad has rejected calls for a review of the Act, accusing the opposition of subverting students against the government and warning students they faced expulsion or the denial of financial assistance if they took part in 'anti-government activities'. Although no prosecutions leading to imprisonment under the UUCA have been reported in recent years, university authorities continue to threaten use of the Act and have initiated disciplinary proceedings against students, leading to suspension or expulsion from their course. Academics are also risk at dismissal for involvement in peaceful political activity.
In October 2001 the Education Minister announced that 61 university lecturers had been dismissed, transferred or issued with warnings for alleged 'anti-government' activities. Students and teachers have also been penalized under the Police Act for participating in demonstrations calling for political reform.
In June 2001 following the arrest of seven students for participating in a peaceful demonstration a number of students were expelled or suspended from their universities. In addition, in July two student activists supportive of reformasi were arrested under the ISA and accused of 'threatening national security'.
After being held incommunicado for 10 and 23 days respectively the students were released.In August 2001 a high-school teacher was charged with sedition for setting a examination question addressing the effectiveness of the Malaysian judiciary.
Amnesty International calls on the Government of Malaysia to respect and uphold fundamental human rights enshrined in the Malaysian Constitution, the Commonwealth Harare Principles and international human rights law. The organization:
  • calls for those detained under the Internal Security Act (ISA) be released immediately or otherwise charged with a recognizably criminal offence. Persons who are suspected of threatening national security should have the opportunity to defend themselves before a court of law in proceedings that meet international standards for fair trial;
  • urges the Malaysian authorities to guarantee that any detainee held under the ISA or other legislation is not subjected to physical or psychological torture or other ill-treatment in detention. All complaints of torture or ill-treatment must be promptly and impartially investigated and those found responsible brought to justice;
  • calls for detainees not to be held incommunicado and to be allowed immediate and regular access to lawyers, their families and independent medical attention;
  • urging that the ISA and other restrictive legislation be repealed or amended so that it no longer allows for the detention of those exercising their right to peaceful freedom of expression, association or assembly.

Source:

http://www.amnesty.org/en/library/asset/ASA28/031/2001/en/dom-ASA280312001en.html

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