Malaysia: Information on the National Justice Party; the treatment of its members by the government (1999-2003)

On 4 April 1999, the Parti Keadilan Nasional (PKN), or National Justice Party, was launched (AFP 29 Mar. 1999). With a promise to champion justice for all racial groups and to cooperate with other opposition parties (ibid.), the PKN seeks to attract voters from multiple ethnic groups, including Malays, Chinese and Indians, and it shares a political platform with the Islamic and Chinese opposition parties (The Independent 23 Apr. 1999). The party was formed by Wan Azizah Wan Ismail, wife of Anwar Ibrahim, Malaysia's former deputy premier who was ousted from office by Prime Minister Mahathir Mohamad (ibid.). Azizah stated that although the party has relatively few resources, the PKN opposition relies primarily on "public outrage at Anwar's treatment, which she says has opened people's eyes to injustice and corruption" (ibid.). Anwar was sentenced to six years in jail (AP 14 Apr. 1999) after being charged with corruption for allegedly ordering police to withdraw their investigation into his sexual conduct (AFP 29 Mar. 1999; ibid. 14 Apr. 1999). In August 2000, he was found guilty of sodomy and sentenced to another nine years imprisonment (AI 18 Apr. 2003). Anwar maintains that the charges were politically motivated (AP 14 Apr. 1999). Nor is he alone in denouncing the Malaysian government. International human rights groups and the Philippine President criticized his sentence while the New York-based Lawyers Committee for Human Rights issued a statement claiming that the charges were "'part of a politically motivated campaign against ... Anwar'" (AFP 14 Apr. 1999).

Approximately 500 people, some carrying PKN banners, were involved in a violent protest in Kuala Lumpur in April 1999, the time Anwar Ibrahim was sentenced to prison (AFP 14 Apr. 1999). Tien Chua, PKN vice president (AP 19 Sept. 1999), and Malik Hussin, a PKN activist, were both taken in to police custody during the incident (AFP 14 Apr. 1999).

In September 1999, an estimated 10,000 people demanding an inquiry into the treatment of Anwar in prison, including his alleged poisoning by the authorities, demonstrated outside of a national mosque and proceeded to the National Palace (AP 19 Sept. 1999). With a reported 1,000 riot police outside the mosque and a police helicopter overhead, the PKN's Tian Chua announced to police that the demonstrators would depart peacefully from the mosque; however, when the crowds left the mosque, police, allegedly "wielding batons," chased them through the streets (ibid.; see also AP 20 Sept. 1999). The following day, approximately 15,000 Anwar supporters, including Ezam Mohamad Nor, the PKN's youth leader, and other youth wing party members, demonstrated on the anniversary of Anwar's arrest (ibid.). Although "hundreds of riot police and water-canon trucks surrounded the demonstrators," the protesters were able to depart peacefully (ibid.).

A 25 November 1999 Inter Press Service article discusses the November 1999 elections and the ruling United Malays National Organization's (UMNO) pre-election tactics to undermine the PKN, which included "staged riots by persons wearing Keadilan t-shirts and a screening of Anwar's alleged affairs from the mass media." Although the UMNO won the 1999 general election, the opposition reportedly gained significant support (AP 27 Dec. 2000).

News reports document the arrests of PKN leaders by the Malaysian police in January 2000 (HRW 20 Jan. 2000; Hong Kong Standard 14 Jan. 2000). Both Amnesty International and Human Rights Watch denounced the arrests of several prominent lawyers, activists and opposition members, most of whom were charged with sedition (AI 14 Jan. 2000; HRW 20 Jan. 2000). Among the individuals arrested were Ezam Mohamad Nor, the PKN youth wing leader, and Marina Yusoff, the PKN's vice president (ibid.; AI 14 Jan. 2000). Azmin Ali, a member of the PKN leadership council, was also arrested in December 2000 while several other PKN members were charged with illegal assembly and rioting for attempting to prevent busloads of reportedly out-of-state, pro-government supporters from voting in the November 2000 by-election (AP 27 Dec. 2000). Suaram, a Malaysian human rights group, maintained that the arrests represented the government's "'utter intolerance for criticisms from any quarters'" (Hong Kong Standard 14 Jan. 2000).

Commenting on the treatment of detainees by police, PKN leader Tian Chua related his own experience stating that

'the first time, I was beaten up after being arrested .... The second time, I was slapped during interrogation. And then the third time, I was beaten up before detention by the riot police. I was treated with a little bit of respect on the last occasion.' ... During the first 24 hours, suspects have no access to anyone, and 'so a lot of things happen.' ... Suspects are often too afraid to speak out [in front of a judge] because they do not have any legal advice and support from outside. 'So normally ... they are not treated as suspects but as criminals already pre-judged before the courts can sentence them' (IPS 5 Jan. 2000).

In 2000, Amnesty International observed that many of the over 1,200 demonstrators arrested since 1998 were assaulted while in police custody (AI 17 Apr. 2000).

Ezam Mohamad Nor, arrested and charged under the Official Secrets Act in January 2000, was again taken into police detention in March 2001, this time under the Internal Security Act, after making public statements regarding the planning of nationwide protest rallies (AI 7 Aug. 2002; Utusan Malaysia 6 Mar. 2001; AFP 6 Mar. 2001; ibid. 11 Mar. 2001). Other PKN members accused of attempting to overthrow the government by violent means, including Tian Chua, Badrul Amin Bahron, Lokman Nor Adam, Haji Saari Sungib and Hishamuddin Rais, were arrested under the Internal Security Act, which allows for indeterminate detention without trial (AI 10 Apr. 2002). According to Amnesty International, "during prolonged periods of interrogation, while held in isolation and denied access to lawyers, [the detainees] were subjected to intense psychological pressure, at times amounting to torture" (ibid.). The PKN detainees were all released in June 2003 after their detention orders had expired; however, Amnesty International "remains concerned that, although the six are no longer held under the ISA, several of them still face charges under other laws" (12 June 2003).

In January 2003, Saifuddin Nasution Ismail, the deputy youth leader of the PKN, and the Pan Malaysian Islamic Party (PAS) secretary general, addressing 2,000 people at the PAS operation center, were later arrested for participating in what police deemed an illegal assembly, despite Saifuddin's claim that the gathering was lawful and peaceful (Malaysiakini 26 Jan. 2003).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Agence France Presse (AFP). 11 March 2001. "Detention of Malaysia Opposition Leader Slammed as 'Vindictive'." (NEXIS)
_____. 6 March 2001. "Malaysian Opposition Alliance Slams Arrest of Leader over Interview." (NEXIS)
_____. 14 April 1999. Eileen Ng. "Anwar Jailing Sparks Street Clashes in Malaysian Capital." (NEXIS)
_____. 29 March 1999. "Anwar's Wife to Head New Malaysian Opposition Party." (NEXIS)

Amnesty International (AI). 12 June 2003. "Malaysia: Two More Prinsoners of Conscience Released, But Still More Needs to Be Done." Press Release. (ASA 28/018/2003) [Accessed 23 Sept. 2003]
_____. 18 April 2003. "Malaysia: Double Injustice Heaped on Ibrahim." Press Release. (ASA 28/015/2003) [Accessed 23 Sept. 2003]
_____. 7 August 2002. "Malaysia: Opposition Leader Silenced for Another Two Years." (ASA 28/002/2002) [Accessed 23 Sept. 2003]
_____. 10 April 2002. "Malaysia: Imprisoned for One Year Without Charge or Trial - No Human Rights for Government Critics." (ASA 28/001/2002) [Accessed 23 Sept. 2003]
_____. 17 April 2000. "Malaysia: Detained Demonstrators at Risk of Police Brutality." (ASA 28/005/2000) [Accessed 23 Sept. 2003]
_____. 14 January 2000. "Malaysia: Opposition Leaders Charged with Sedition - Selective Prosecutions Reflect Politically-Motivated Misuse of Restrictive Laws." Public Statement. (ASA 28/001/2000) [Accessed 23 Sept. 2003]

Associated Press (AP). 27 December 2000. Patrick McDowell. "Malaysian Muslims Celebrate Holiday Amid Warnings, Arrests." (NEXIS)
_____. 20 September 1999. R. Mageswary. "15,000 Malaysians Gather in Protest to Mark Anniversary of Anwar Arrest." (NEXIS)
_____. 19 September 1999. R. Mageswary. "AP Photos KL101-107." (NEXIS)
_____. 14 April 1999. Ranjan Roy. "Asian Leaders, Human Rights Groups Denounce Anwar Verdict with BC-Malaysia-Anwar Trial." (NEXIS)

Hong Kong Standard. 14 January 2000. "Top Opposition Figures Charged with Sedition." [Accessed 14 Jan. 2003]

Human Rights Watch (HRW). 20 January 2000. "Human Rights Watch Protests Malaysia Arrests." ([email protected])

The Independent [London]. 23 April 1999. Sarah Strickland. "Anwar's Wife Takes Up the Battle for Democracy in Malaysia." (NEXIS)

Inter Press Service (IPS). 5 January 2000. Anil Netto. "Rights-Malaysia: Custodial Violence Not So Unusual Critics Say." (NEXIS)
_____. 25 November 1999. Anil Netto. "Politics-Malaysia: Specter of Violence Mars Campaign." (NEXIS)

Malaysiakini [Petaling Jaya]. 26 January 2003. "Malaysia: Two Opposition Leaders Arrested for Taking Party in 'Illegal Assembly'." (BBC Monitoring 2 Jan. 2003/NEXIS)

Utusan Malaysia [Kuala Lumpur, in Malay]. 6 March 2001. "Malaysia: Police Detain Opposition Youth Chief for Planning Street Demonstration." (BBC Monitoring/NEXIS)