The letter further states that it "is also internationally embarrassing for Malaysia as an elected member of the United Nations Human Rights Council to violate basic human rights and fundamental freedoms without hesitation or consideration of the real situation."
It "calls upon the government of Malaysia to release all those unjustly detained for exercising their basic human rights and fundamental freedom of expression, political opinion and right to assembly under the Federal Constitution and international human rights law" and to release those detained under the ISA or charge them in court.
OPEN LETTER TO THE GOVERNMENT Dear Prime Minister and Cabinet Ministers of the Malaysian Government, Aliran Kesedaran Negara would like to directly express to you how appalled and alarmed we are at the recent actions of the police in the name of the government in efforts to suppress peaceful protests that are seen to be human rights violations. The protests are related to protracted problems within the country that have caused much hardship and discontent amongst the ‘rakyat’. Honourable PM, you justified these actions in a statement on 11 December 2007 when you said, “If the choice is between public safety and public freedoms, I do not hesitate to say that public safety will win. My responsibility is to the greater public, especially in the face of police intelligence about planned violent intent.” We appreciate that if the situation of alleged threatened violence were a reality, curbs on particular recognised human rights may be permitted (although doubtfully as a last resort) even under international law. Yet, in contrast, the recent protest marches held by organisations advocating human rights, good governance, fair and free elections, and just treatment of ethnic minorities in Malaysia, have to all intents and purposes been generally peaceful without any indication of violent intent or incitement of such intent. The only tangible violence we have witnessed – which has been reported by national and international media – originated and commenced from the ranks of riot police present at these events in large numbers. Tear gas and water cannons are instruments of police crowd control; the power to arrest is a police power. So far, we have only seen reports in the mainstream media of police allegations of attempted murder during one protest outside Kuala Lumpur City. We have also read of allegations of groups soliciting the assistance of overseas terrorist organizations but have so far seen no full and concrete information for public safety. Moreover, we have not seen any promise by the government to look into and alleviate the problems a large number of people appear to be concerned about. Instead, the government through the police has sent out negative signals in effecting arrests of individuals the Barisan Nasional government sees as threats to national security. Aliran expresses utter disappointment, that the government persists in turning a deaf ear to the obviously disturbing problems in the country. In response to the request to be heard by civil society, the authorities have launched heavy-handed crackdowns on particular organisations and individuals that are involved in trying reasonably to present their case in the form of memoranda to the government and other relevant authorities. We also ask the government what threat the “Peoples’ Freedom Walk” on the eve of International Human Rights Day (10 December 2007) by lawyers exercising their basic human right to free expression and assembly posed to the nation at large. Further, why was Bar Council human rights committee chief Edmund Bon arrested merely for protesting against the removal of banners on the Bar Council’s private property and charged with obstructing Municipal Council officers? Surely this is an over-reaction by Municipal Council officers and police. Being one person confronted by a team of “Perbandaran” officers, he could not physically do much to prevent them from carrying out their task, even though they were trespassing on private property. It is alarming that the BN government has acted against and denied the exercise of human rights during the commemoration of the anniversary of the Universal Declaration of Human Rights. This incident is even more historically significant having occurred on the eve of International Human Rights Day when human rights should have been celebrated and upheld. We urge the government to review its current repressive actions in attempting to silence dissent through the denial of the exercise of basic human rights and fundamental freedoms in order to restore the confidence of the public and safeguard them from violence committed by those who should be protecting the public. In contrast to so many other countries where peaceful protests on various issues have taken place without a heavy police presence and without incidences of violence, the actions of the Malaysian Police have alarmed many, both locally and internationally, especially because the recent protest was in fact peaceful. It is also internationally embarrassing for Malaysia as an elected member of the United Nations Human Rights Council to violate basic human rights and fundamental freedoms without hesitation or consideration of the real situation. In the light of this, Aliran calls upon the government of Malaysia to release all those unjustly detained for exercising their basic human rights and fundamental freedom of expression, political opinion and right to assembly under the Federal Constitution and international human rights law. We urge that all charges brought by the Attorney-General against these persons be dropped and those detained under the ISA be released or charged in court. We also call upon the government to honour its human rights obligations as a member state of the United Nations and to show itself worthy of its seat on the UN Human Rights Council. Angeline Loh Executive Committee member. 14 December 2007 |
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