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26.10.2008
1) Duli Yang Maha Mulia
Al-Wathiqu Billah Tuanku Mizan Zainal Abidin
Ibni Al-Marhum Sultan Mahmud
Al-Muktafi Billah Shah
Istana Negara
Kuala Lumpur
Malaysia
2) Y.A.B. DATO’
SERI ABDULLAH AHMAD BADAWI
Prime Minister of Malaysia
Subject:- IMPOSITION OF BAN ON “HINDRAF”
Your Highness,
The citizens and Human Rights organisations of India have taken a serious note of the ban
imposed on Hindu Rights Action Force (HINDFAF) by the Government of Malaysia. We are
equally concerned about the detention of five members of HINDRAF. We feel that the sole
reason for the imposition of ban on HINDRAF and the detention of five members of
HINDRAF, was for expressing concerns about the marginalization of ethnic South Asians
within Malaysian society and specifically for organizing rallies.
It is disheartening to know that all the detainees are being treated like criminals, but they
have never been charged much less convicted of a crime. We have been informed that at
least 65 people are being held at Kamunting Detention Centre under the administrative
detention provisions of the ISA. The Internal Security Act allows the police to arrest
individuals they believe have acted, or are "about to" or "likely to" act in a way that would
threaten Malaysian security, "essential services" or "economic life" (Article 73 (1)(b) and the
detainees can be held for up to 60 days for investigation by the police, after which time the
Home Minister can issue a two year detention order under the ISA. The two year detention
can be renewed indefinitely without the detainee ever being charged with a crime or tried in
a court of law.
As such the ISA is contrary to fundamental principles of international law, including the right
to liberty of the person, to freedom from arbitrary arrest, the presumption of innocence, and
the right to fair and open trial in a court of law.
We demand that the Government of Malaysia should start the process to abolish this
draconian legislation. We also demand that the ban imposed on HINDRAF should be revoked
immediately and the five members of HINDRAF should be released without any precondition.
Rajesh Gogna
Convener
(FHROI)
