Wednesday, November 23, 2016

SUHAKAM Statement following visit of Maria Chin - BERSIH?

 

 See related earlier posts:-

Unacceptable use of Sosma against Maria — SUHAKAM(Malaysian HR Commission)

SUHAKAM visits Maria Chin at place of detention on 22/11/2016..? They have the power to do this.. - - see the power that the Act gives SUHAKAM to make 'surprise' visits to places of detentions - and the persons in charge cannot deny access to SUHAKAM - they need to use this power more regularly to visit police lock-ups, and places where people are being held under Detention Without Trial Laws like POTA and POCA, which still exist.

 

Suhakam meets Maria, confirms she is in solitary confinement

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Suhakam chairman Razali Ismail had earlier said that the use of Sosma on Maria was unacceptable:

Suhakam wishes to underline its opposition to the use of the Security Offences (Special Measures) Act 2012 (Sosma), which it has objected to in the past.

Suhakam reiterates that the broad characterisation of “security offences” under Sosma now suggests that its ambit extends beyond terrorism offences.

The application of the Sosma to Maria Chin where she has been detained without charge and without trial in this instance, and her wellbeing and welfare unknown, cannot be accepted by a society that has a national conscience.

The government’s assurance in 2011 promised that “no individual will be arrested merely on the point of political ideology”.

In Suhakam’s view, the preventive detention of Maria Chin is a misuse of the law, an abuse of the legal system and of law enforcement.

Suhakam advises the government to interpret in good faith and in accordance with their ordinary meaning, the laws in their context and in the light of their object and purpose.

Suhakam would like to see a situation where the overemphasis by the authorities on restrictions to the right to freedom of assembly is replaced by efforts to facilitate the right. - ALIRAN Website

 Suhakam confirms Maria kept isolated, without bed

Wednesday November 23, 2016
12:15 PM GMT+8
UPDATED:
November 23, 2016
03:16 PM GMT+8
Suhakam has confirmed that Maria Chin Abdullah is being held in solitary confinement and is denied a bed. — Picture by Yusof Mat IsaSuhakam has confirmed that Maria Chin Abdullah is being held in solitary confinement and is denied a bed. — Picture by Yusof Mat Isa KUALA LUMPUR, Nov 23 — Bersih 2.0 chairman Maria Chin Abdullah is being held in solitary confinement and denied a bed as she previously alleged, the Human Rights Commission (Suhakam) confirmed today.

Suhakam said it verified this during a visit to the undisclosed location where Maria is being detained for 28 days under the Security Offences (Special Measures) Act.

The commission added that while Maria appeared to be in good health and the cleanliness of her cell was acceptable, the conditions were as she had described to her lawyers on Sunday.

“The so-called bed has no mattress and she has to wash with cold water. She indicated that she would like a mattress at the very least to cushion the discomfort of the wooden bed.

“Maria Chin Abdullah has also requested for a copy of the Quran and reading materials, as well as to be able to see her children and family,” it said in a statement.

Suhakam did not comment on other aspects of Maria’s allegations such as the cell being windowless or that two lights were kept permanently lit.

The commission said its delegation to inspect Maria's cell and conditions was led by chairman Tan Sri Razali Ismail.

Authorities informed the commission that a medical doctor was available at all times to attend to the Bersih 2.0 chief's medical needs.

Maria also did not complain of any ill-treatment by her captors, but informed Suhakam that she has only been interrogated for three hours since being arrested on Friday.

The commission thanked the authorities for facilitating the inspection on short notice, but insisted that they must release Maria from the preventive detention.

Suhakam continues to hold the position that Maria Chin Abdullah is unjustifiably incarcerated and would like to reiterate that in accordance with Article 9 of the Universal Declaration of Human Rights, no one shall be subjected to arbitrary arrest, detention or exile,” the commission said.

Police detained Maria on November 18 under Section 124C of the Penal Code that criminalises the attempt to commit activities detrimental to parliamentary democracy, and invoked the Sosma for the arrest.

The law permits the police to hold individuals for up to 28 days without trial.

Outrage over Maria’s detention under the Sosma was further exacerbated by her allegation that she was being held in a permanently lit and windowless cell measuring 15x8 feet, conditions that the Malaysian Bar have called “oppressive, inhumane and degrading”. - Malay Mail, 23/11/2016


Suhakam confirms Maria Chin kept in solitary confinement

— Sunpix by Asyraf Rasid
PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) confirmed that Bersih 2.0 chairman Maria Chin Abdullah is being held in solitary confinement and given a wooden bed without a pillow.

This is following Suhakam representatives having met Maria at an undisclosed location where the latter is being detained for 28 days under the Security Offences (Special Measures) Act (Sosma).

"The state of cleanliness in the cell can be considered as acceptable but there is no escaping from the fact that it is solitary confinement. The so-called bed has no mattress and she has to wash with cold water," it said in a statement.

It said that Maria had indicated that she would like a mattress at the very least to cushion the discomfort of the wooden bed.


It also said that Maria is in good health and had been interrogated "softly" by the police for three hours during her detention.

"She requested for a copy of the Quran, reading materials and for her to see her children and family," it added.

Police detained Maria on Nov 18 under Section 124C of the Penal Code that criminalises the attempt to commit activities detrimental to parliamentary democracy, and invoked the Sosma for the arrest.

The controversial law which aims at maintaining public order and security allows the detention of individuals without trial for up to 28 days.

Meanwhile, the Centre For A Better Tomorrow (Cenbet) wants Maria to be released immediately.
Cenbet said when Sosma was introduced in 2012 to replace the Internal Security Act (ISA), the government had given assurance that the law would only be used against terror suspects.

It added Inspector-General of Police Tan Sri Khalid Abu Bakar needs to explain to the public on how and why Maria is a threat to national security in the same way terror suspects are.

"The explanation has to be specific and in clear tangible terms, in line with transparency and good governance which Cenbet promotes," it said in a statement. - Sun Daily, 23/11/2016


Maria asks for Quran during Suhakam visit  Published     Updated

Detained Bersih chairperson Maria Chin Abdullah requested for a Quran, reading materials and to see her family.

She made these requests during a visit by Human Rights Commission of Malaysia (Suhakam) members yesterday, commission chairperson Razali Ismail said in a statement.

Maria was arrested under the Security Offences (Special Measures) Act 2012 on the eve of the Nov 19 Bersih 5 rally, which attracted at least 40,000 people in Kuala Lumpur.

The rally was to demand clean elections, clean government, empowerment of Sabah and Sarawak, strengthening of Parliament and the right to dissent.

She is being held for 28 days, as provided by Sosma, but her habeas corpus application will be heard by the court tomorrow.

She is being held for 28 days, as provided by Sosma, but her habeas corpus application is fixed for case management tomorrow.

Razali said although Maria is in good health, she is held in solitary confinement with only a wooden bed with no mattress to sleep on and has only cold water to wash.

"She indicated she would like a mattress, at the very least, to cushion the discomfort of the wooden bed," he said.

It is understood that Maria is being held at the Batu police camp, where Internal Security Act detainees were previously held before moved to the Kamunting Detention Centre.

Suhakam was also given the assurance that a medical doctor is available at all times, Razali said.

The interview with Maria took 1.5 hours and was not impeded by attending police personnel, he said.

Requests relayed to police

Maria's requests were also relayed to the "polite" police representatives, but the personnel said they were not in the position to inform their superiors about the requests.

"Suhakam continues to hold the position that Maria is unjustifiably incarcerated and would like to reiterate that in accordance with Article 9 of the Universal Declaration of Human Rights, no one shall be subjected to arbitrary arrest, detention or exile," Razali said.

Meanwhile, Centre for A Better Tomorrow (Cenbet) said Maria's arrest goes against Prime Minister Najib Abdul Razak's pledge of openness when he announced the repeal of the Internal Security Act.

"Failure to give a satisfactory explanation is not only unprofessional, it constitutes an abuse of power and may be a criminal misconduct in itself.

"Worse, it may open the floodgates to similar abuses.

"This goes against the spirit of openness pledged by Najib during his Sept 16, 2011, speech where he announced the repeal or review of regressive laws like the ISA, Restricted Residence Act and Printing Presses and Publications Act," Cenbet said in a statement.

The think-tank said the inspector-general of police should explain Maria's arrest under Sosma, which is meant to counter terrorism.
The government had declared when Sosma was passed in 2012 to replace the ISA that it would only be used against terror suspects, Cenbet said.
"We do not see any justification at all to detain her under Sosma," it said.

Umno information chief Annuar Musa today claimed Maria has links to the Central Intelligence Agency of the United States, through its work on electoral rights.

MPs and activists have marched against the detention, while solidarity vigils at Dataran Merdeka have attracted more than 1,000 people.

Concurrent vigils are also held in Penang and Johor.

As a result, the Kuala Lumpur City Hall has closed off Dataran Merdeka from 5pm every day. - Malaysiakini, 23/11/2016

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