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Tian Chua Released on Bail
and Hundreds Charged for "Illegal Assembly"

from Asian Human Rights Commission, Maylaysian Update,
UA 20/99: Freedom of assembly denied
4 May 1999

20 April 99 released on bail Tian Chua, chairperson of Gagasan Demokrasi Rakyat and Malek Hussain who were remanded for seven days. 14 April 99, 24 persons were arrested for suspected rioting which include Tian Chau and Malik Hussein. The suspects suffered various injuries that they had sustained while being arrested (and after arrest). Tian Chua also said that he was slapped after he was arrested.

Tian Chua, Abdul Malek Hussein and 23 others have been charged in court and released on bail. They have been charged with various offences including rioting and illegal assembly. If convicted, they are liable to fines ranging from 2,000 ringgit (526 dollars) to 10,000 ringgit, and jail of between one and five years. Tian Chua and Abdul Malik face additional charges of obstructing an anti-riot policeman.

UPDATES ON PAST DETENTIONS:

1. 177 Persons Arrested In Kampung Baru On 24 October, 1998

The 177 were charged with illegal assembly and rioting. Hearings began on 8 March and the prosecution closed its case on 31 March after 11 days of hearing. On 1 April submissions on "no case to answer" were made. On 8 April, the Magistrate acquitted 160 persons of both charges. 17 persons were however asked to enter their defense against the charge of unlawful assembly. 2 of the 17 pleaded guilty at this stage and on 12 April they were sentenced to a month's jail and fined RM5,000 (or in default a month's jail).

The defense case for the remaining 15 persons closed on 26 April. The defense was making final submissions when the case adjourned on Thursday 29 April. On 3 May, the defense will continue making submissions.

2. 126 Persons Arrested At Dataran Merdeka And Jalan TAR On 17 October 1998

The 126 were charged with illegal assembly. The case was heard from 2 - 26 February. Hearing resumed on 26 April and the case is set to run till 26 May 1999.

As at 30 April (Friday), the 22nd day of hearing, 50 prosecution witnesses have taken the stand and named a total of 77 detainees. Of the 77, 39 detainees were named when their arresting officers took the stand while the remaining 38 were named when the police tried to introduce the cautioned statements taken from the detainees.

The defense has challenged the admissibility of some of the cautioned statements. Thus far a total of 4 cautioned statements have been ruled inadmissible. The case resumes on Monday, 3 May 99.

BACKGROUND INFORMATION

September 1998 since the sacking of Deputy Prime Minister Anwar Ibrahim, several hundred people have been arrested in connection with the series of demonstrations that have taken place.Thousands of Malaysians from all walks of life came into the streets to peacefully protest the corruptions and the injustices perpetrated by the government of the day. This form of protest had never before been seen in Malaysia. Many of those arrested have been charged in court.

There are a total of 8 batches of trials will conducted in the Magistrates Court. Of these, 3 have already started these include the Sri Perdana case 20 September 1998 , the KLCC case 15 November 1998 and the case involving 128 people arrested on 17 October 1998. The cases are arranged in following order according to trial dates:

A. 178 PEOPLE ARRRESTED AT KAMPUNG BARU ON 24 OCTOBER 1998. Charge with illegal assembly and rioting. Trial dates: 8 March - 8 April, 1999.

B. 9 PEOPLE ARRESTED AT SRI PERDANA ON 20 SEPTEMBER 1998. Charge with illegal assembly. Case heard from 4 - 8 January, 1999 and 1 March, 1999. Fresh dates: 10 March, 1999.

C. 1 person arrested when returning home from the site of demonstration at KAMPUNG BARU ON 18 NOVEMBER 1998. Charge with possession of a weapon. Trial: 11 March, 1999.

D. 4 PEOPLE ARRESTED AT KAMPUNG BARU ON 21 NOVEMBER 1998. Charge with illegal assembly. Trial dates: 16 and 17 March, 1999.

E. 5 PEOPLE ARRESTED AT BUKIT JALIL ON 21 SEPTEMBER 1998. Charge with illegal assembly. Trial dates: 23 and 24 March, 1999.

F. 126 PEOPLE ARRESTED AT DATARAN MERDEKA AND JALAN TAR ON 17 OCTOBER
1998. Charge with illegal assembly. Case heard from 2 - 26 February,
1999. Fresh dates: 26 April - 26 May, 1999.

G. 4 PEOPLE ARRESTED AT ISTANA ON 17 OCTOBER 1998. Charge with illegal assembly. Trial dates: 7 - 11 June, 1999.

H. 4 PEOPLE ARRESTED AT KLCC ON 15 NOVEMBER 1998*. Charge with illegal assembly. Case heard from 22 - 26 February, 1999. Fresh dates: 7 - 11 June, 1999.

I. 22 protestors arrested on suspected offence of rioting on 14th April 99 The arrested included Tian Chua and Malek Hussain. Charged with rioting and illegal assembly. Tian and Malek faced additional charges for obstructing police and their hearing has been fixed for 12-16 July 1999.

J. 17/4/99, the police arrested at least 120 persons [including 50 who were arrested before the demonstrations started].

RECOMMENDED ACTION

AHRC is deplores the frequent abuse of power by the police against citizens who legitimately express their dissent.

We encourage you to write letter expressing support and solidarity to those individuals charged [OKTs] as well as the groups and organisations supporting them.

We encourage you to write appeal letters to the Attorney-General and the Home Minister, calling on him to drop the charges against the hundreds of people charged in the above mentioned cases. The people were exercising their right to freedom of expression in a peaceful manner which does not involve any loss of lives, injury and/or damage of public property or individual's property.

Request the Attorney General and Home Minister to drop the charges as follows:

• stop persecuting the citizens for their peacefully protest against corruptions and the injustices perpetrated by the government;
• condemn the charges against legitimate expressions of dissent;
• that the right to freedom of assembly and expression be respected
• abolish the Internal security Act;
• ratify the ILO Convention 87 on Freedom of Association and Protection of the Right to Organise; thus, Malaysian government will uphold the rights of its citizen by ratifying and implementing the treaties.

SEND SOLIDARITY LETTERS TO:

OKTs { persons' charged with "illegal" assembly]
c/o Legal Aid Centre,
Tingkat 6, Wisma Kraftangan,
No. 9 Jalan Tun
Perak, 50050 Kuala Lumpur
Malaysia

SEND APPEAL LETTERS TO:

Tan Sri Mohtar Abdullah
Attorney General
Bangunan Bank Rakyat
Jalan Tangsi
50732 Kuala Lumpur
Malaysia

Dato Abdulah Badawi
Minister of Home Affairs
Jalan Dato' Onn
50502 Kuala Lumpur, Malaysia
Faxes: 603 - 238 3784, 2984172,

CC COPIES OF APPEAL LETTER TO:

Mr. Kapil Sibal, Chair
Working Group on Arbitrary Detention
c/o Centre for Human Rights
Palais des Nations
8-14, avenue de la Paix
1211 Geneva 10 , Switzerland
fax to: (41-22) 917.01.23,
email: webadmin.hchr@unog.ch Permanent Mission of Malaysia to the United Nations
42, Rue de Lausanne,
1201, Geneva
Switzerland.
Tel: (022)32-83-40, 32-10-77

and Diplomatic representatives of the Malaysia accredited to your country and especially to the following:

UNITED STATES OF AMERICA

Embassy of Malaysia
2401 Massachusetts Avenue, N.W.,
Washington, D.C. 20008.
Tel: (1202) 328 2700
Fax: (1202) 483 7661