Malaysian authorities have invoked a draconian law allowing
detention without trial on five leaders of a movement which
organised a recent rally to express disaffection over the plight of
the marginalised minority ethnic Indians in the country.

Inspector General of Police Musa Hassan confirmed the arrest of P.
Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabatirau
(misspelt in previous alert as "Ganapathy Rao") and T.
Vasanthakumar under the draconian Internal Security Act (ISA) on 13
December 2007, reports independent web-based daily "Malaysiakini".
The five leaders of the group, Hindu Rights Action Force (HINDRAF),
have been sent to the Kamunting detention centre in the Perak town
of Taiping, 300 kilometres north of the capital Kuala Lumpur, to be
detained for two years.

Originally enacted to contain security threats during the armed
communist insurgency in the 1960s, the ISA has been repeatedly
amended to remove safeguards from abuse. It now allows for a 60-day
detention without warrant, trial and access to legal counsel, after
which the period of detention can be extended for up to two years,
renewable indefinitely, without submitting any evidence to the
courts.

SEAPA is appalled at the drastic measure taken by Prime Minister
Abdullah Ahmad Badawi in his other capacity as the Internal
Security Minister, purportedly in prioritising "public safety" over
"public freedom".

As local SEAPA partner, the Centre for Independent Journalism
(CIJ), and the Writers Alliance for Media Independence (WAMI)
argued in a joint statement, "such action further [fuels] the
people's distress, especially the [ethnic] Indians, that the
government [is] unprepared to address their concerns". (See
http://clicks.aweber.com/y/ct/?l=MM9YV&m=1bsmIOQRuDKXin&b=6PSXTxkf6FWfZs23SRUoHQ)

SEAPA joins the two local organisations in calling for the five to
be brought to court for any crimes they may have committed, failing
which they should be released.

Arrests

Indeed, over the past weeks, the government-controlled mainstream
media have either ridiculed or demonised the group HINDRAF, quoting
largely the authorities in one-sided reports without giving the
aggrieved party room to detail their exact grievances. The police
chief himself has alleged the group of having terror links without
furnishing details and proof.

HINDRAF held a 25 November rally that drew about 10,000 ethnic
Indians, who are mostly Hindus, to publicly speak out and stand up
for their rights as fellow citizens in the multi-ethnic,
multi-religious country dominated by the ethnic Malays.

To prevent the rally, police invoked a rare court order under
Section 98 of the Criminal Procedure Code, applicable to urgent
cases of nuisance, barring rally participants from certain
locations for seven days. Even so, protesters defied the ban,
leading to the arrest of some 400 people, with 31 denied bail and
facing various charges including attempted murder.

On 23 November, Uthayakumar, Ganabatirau and P. Waythamoorthy were
arrested and later charged under the Sedition Act for allegedly
inciting hatred in their speeches at a 16 November gathering in the
Selangor town of Batang Berjuntai. Discharged by the court on 26
November, they faced the same charge again after the prosecution
filed for a review of the ruling.

Uthayakumar, who is a lawyer, faces another second sedition charge
over a 15 November letter to United Kingdom Prime Minister Gordon
Brown, which was posted on a website documenting alleged acts of
police abuse, reports "Malaysiakini". He faces a maximum fine of
RM5,000 (approx. US$1,510) or a jail term of up to three years, or
both. A repeat offence can land him a maximum jail term of five
years.

Instrument of fear

SEAPA also notes that the ISA is an instrument of fear that has
been used to silence dissent to great effect during times of
political upheaval for the ruling party. In 1987, the law was used
to suspend three newspapers for six months and arrest 106 people,
including leading opposition politicians, activists and community
leaders, detaining some for two years. Former detainees have
described how the first 60 days were spent in solitary confinement
when they were not being humiliated and tortured during
interrogations. The law has been repeatedly cited by the ruling
elite to curb public discussions on "sensitive" issues and
criticisms of the government.

By invoking the law now, the government appears to intend to create
a chilling effect on an increasingly vocal citizenry who have been
braving official warnings, arrests and beatings from riot police in
calling for reforms in the judiciary, electoral system, human
rights, and political and economic policies, via petitions and
marches in October and November.

Meanwhile, on 13 December, more than 200 participants from local
and international organisations attending Malaysia's Global
Knowledge 3 Forum in the capital signed an open letter
(http://clicks.aweber.com/y/ct/?l=MM9YV&m=1bsmIOQRuDKXin&b=5Y6mYZ4XW.O76xADb_dCDw) to the
prime minister, urging the government to uphold its responsibility
to the Constitution, grant the right to freedoms of assembly and
expression without favour, as well as drop charges against those
"expressing their constitutional rights of freedom of assembly and
expression".