Human Rights Undermined: Restrictive Laws in a Parliamentary Democracy

The detention of former Deputy Prime Minister Anwar Ibrahim and sixteen of his political associates under the Internal Security Act (ISA) in September 1998 has marked a watershed in the perception of respect for human rights and the administration of justice in Malaysia. For many years a legislative and administrative structure has developed in Malaysia, which has posed a grave threat to the rights and liberties safeguarded in the Malaysian Constitution and under international human rights law. The events that followed Anwar Ibrahim's dismissal from office including his detention and that of his supporters under national security legislation, their ill-treatment while held incommunicado, and the detention and ill-treatment of peaceful demonstrators, follow a pattern of violations that has been developing in Malaysia over decades. This report shows how the executive branch of government has, step by step, undermined constitutional principles safeguarding basic human rights, accumulated legislative powers and influenced key national institutions in a way that have enabled it to curb fundamental rights. Institutions of the state, including the Royal Malaysia Police, the Attorney General's Chambers (Public Prosecutor's Office) and the Judiciary appear at times to have come under the improper influence of the Executive, and to have failed to robustly defend constitutional principles and to uphold respect for human rights. The report highlights an array of restrictive laws allowing the government to deny, or place unjustified restrictions on the enjoyment of fundamental human rights. This includes legislation which allows authorities to detain individuals without charge or trial for two year renewable periods, to outlaw unauthorized gatherings of more than five persons and to prevent students from taking part in opposition politics. Much of this legislation, inherited from the British former colonial government, has allowed the authorities to deny, or place unjustified restrictions upon, the enjoyment of fundamental human rights. This report presents the cases of individual men and women whose rights have been denied or restricted under these laws, including the right to peacefully express their opinions, form associations and protest in public, free from the threat of arbitrary arrest, ill-treatment and imprisonment. It examines how the police used excessive force to disperse peaceful protestors in 1998-9, and how a number of protestors were ill-treated in detention before facing trial and imprisonment. The trial of Anwar Ibrahim on charges of ?corrupt practices' is examined in detail. Amnesty International reiterates its belief that he is a prisoner of conscience held solely for his peaceful political activity, and details its concerns that the conduct of Anwar Ibrahim's criminal prosecution were contrary to the principles of fair trial enunciated in international standards. The report concludes with a series of recommendations to the Government of Malaysia to ensure that there are effective safeguards for the protection of the fundamental human rights to conduct a wide-ranging reform of restrictive legislation currently in force in Malaysia in accordance with international human rights standards. In particular, Amnesty International recommends that the Malaysian Government: t repeal or reform the Internal Security Act, and all other legislation that places unjustified restriction on human rights; t end the practice of incommunicado detention, which facilitates torture and ill-treatment; t respect the right of all Malaysians to engage in peaceful assemblies and demonstrations and to freedom of religious and other beliefs; t review the cases of anyone imprisoned or in any other way penalized for their peaceful exercise of the freedom of opinion, expression and association, with a view to releasing those detained or reversing the punishment against others; t end torture and ill-treatment in detention, and ensure that all reports of torture and ill-treatment are fully and independently investigated; t ensure that the Royal Malaysia Police act at all times in accordance with international standards on the use of force and firearms; t ensure that the proposed Malaysian Human Rights Commission is established in accordance with international principles on such institutions; t ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) , the International Covenant on Civil and Political Rights (ICCPR), and The International Covenant on Economic, Social and Cultural Rights (ICESCR).