PEOPLE'S EMPOWERMENT

For Immediate Release
September 16, 2008 To,YB.MR DIAMOND LOKE..-State Legislative Assemblyman.
Contact information:
Chalida Tajaroensuk (Thai/English): 081 808 5622
Jonathan Fox (English): 086 998 2613

Press Statement

Use of ISA by Malaysian Government violation of Malay Constitution, ASEAN Charter, and International Law.

The arrest of two journalists and one Member of Parliament over the past weekend under the Internal Security Act (ISA) by Malaysian authorities, is in gross violation of the Malay Constitution, ASEAN Charter and international human rights norms, explained Chalida Tajaroensuk, Director of People’s Empowerment in a statement released today.

“The ISA is intended to combat serious threats to public security, not political intimidation” said Ms. Tajaroensuk, in light of the detention of Raja Petra Kamar, Tan Hoon Cheng, and Teresa Kok. While Ms. Cheng has subsequently been released, Mr. Kamar and Ms. Kok remain in detention, deprived of access to family or legal representation.

All three were detained under Section 73(1) of the ISA based on “reasonable cause to believe that they were acting in a manner prejudicial to the security of Malaysia” reports stated. However, government sources have failed to clarify what threat, if any, the three posed.

Use of draconian measures under the ISA are permitted only under the most grave threats to public security, and not for silencing legitimate political activity and protected free speech, People’s Empowerment explained. The reported publications by Mr. Kamar and Ms. Cheng are clearly protected under Article 10 of the Malaysian Constitution, establishing the right to free speech, while the reported charges against Ms. Kok, a popular member of the Democratic Action Party, have been publicly established as false.

As a member of the Association of Southeast Asian Nations (ASEAN), the Malaysian government must uphold the principles of the ASEAN Charter, which it fully ratified earlier this year. Political use of the ISA by the Malaysian government is thus in clear breach of the principles of good governance, rule of law, and democracy repeatedly stated throughout the Charter.

In light of this grave breach, People’s Empowerment calls on the ASEAN Secretariat to take immediate action in order to secure the release of the remaining two detainees. Such violations of basic rights and norms, no longer remain a matter of “internal affairs” but affect all ASEAN member States.

“We can not remain indifferent to the persecution of civil society in any ASEAN State,” said Ms. Tajaroensuk. “Civil society across the region must take a stand to uphold rule of law and good governance in Southeast Asia”, explaining People’s Empowerments call for solidarity and support of the detained.