Amnesty International Report 1995 - Malaysia

At least 11 leaders of a religious group, all possible prisoners of conscience, were detained for several weeks without charge under the Internal Security Act (ISA); four remained in detention. More than 150 members of the same group were arrested, charged and released on bail. At least six political prisoners remained in detention under the ISA. Restrictions imposed on seven released prisoners of conscience were lifted. Caning continued to be widely used as a punishment. At least eight people were sentenced to death and another six people were executed. A separate Court of Appeal was established in September. Appeals against decisions by the high courts may now be submitted to the Court of Appeal. The Supreme Court remains the highest court in the country. A national crack-down on members of Al Arqam, an Islamic sect, was launched after a ruling on 5 August by the National Fatwa Council that Al Arqam's teachings and beliefs contravened Islamic practice and tenets. Al Arqam, which was founded in 1968, was declared unlawful under the Societies Act of 1966. To Amnesty International's knowledge, there is no evidence that Al Arqam has used or incited violence. At least 11 leaders of Al Arqam, arrested between September and November, were accused of preaching "deviationist" Islamic teachings. One was held together with her six-month-old child. They were detained without charge or trial under the isa, which allows preventive detention for up to two years. Seven of them were released in October and November after one of their leaders stated in a television program that he gave up his "deviationist" religious beliefs, possibly under duress. Four of those arrested, including Hasan Mokhtar, Supreme Council secretary of Al Arqam, remained in detention. Those released were prohibited by the Ministry of Home Affairs from making any religious or other statements and from joining any organization. More than 150 other Al Arqam members were arrested throughout the country in August and September. All were released on bail after being charged with various offences under the Societies Act, including distributing leaflets and participating in Al Arqam activities. At least six communists remained in detention. They had been held under the isa after they voluntarily renounced armed opposition and surrendered to the authorities in December 1989. Their identities have not been disclosed (see Amnesty International Reports 1993 and 1994). Restrictions on the freedom of movement imposed on Jeffrey Kitingan and six other former prisoners of conscience released in 1993 were lifted in January (see Amnesty International Report 1994). Caning – which constitutes a cruel, inhuman or degrading punishment – continued to be widely inflicted as a supplementary punishment to imprisonment for some 40 crimes including drugs offences, rape, kidnapping, firearms offences, attempted murder, robbery and theft. Chong Chin Tak, an unemployed man, was sentenced in June to nine years' imprisonment and three strokes of the cane for credit card forgery. In September Amir Saad, an unemployed man, was sentenced to 13 years' imprisonment and 10 strokes of the cane for possession of heroin. During the year, at least eight people were sentenced to death, five of whom were convicted of drugs offences and three of murder and firearms offences. The Supreme Court confirmed the death sentences on eight people, three of whom were Filipino nationals convicted of drug-trafficking. Nine other Filipinos, including one woman, had their death sentences reduced to life imprisonment. At least six people were executed. Amnesty International appealed throughout the year for the release of members of Al Arqam and other political prisoners arbitrarily detained under the isa, if they were not to be charged with recognizably criminal offences. It also called for the commutation of all death sentences and an end to the use of caning and the death penalty as punishments.