Menu

GERAKAN MANSUHKAN ISA——MEMORANDUM TO THE SINGAPORE HIGH COMMISSION

DETENTION OF ABDULMAJID KUNJI MOHAMAD UNDER THE ISA IS AGAINST FUNDAMENTAL HUMAN RIGHTS! URGE THE SINGAPOREAN GOVERNMENT TO RELEASE HIM!

 8 JUNE 2011

  Abolish ISA Movement (GMI) would like to bring the attention of the Singapore High Commission to the arrest of Abdul Majid Kunji Mohamad under the Internal Security Act (ISA) Malaysia, then Singapore. Abdul Majid was detained under the ISA on 6th May 2011 in Malaysia. But was deported back to Singapore on the 19th May and currently  been detained under the ISA in Singapore. 

  He was detained without trial under the ISA for allegedly channeling financial assistance and logistical support to militant groups in the southern Philippines, and then linked to the Moro Islamic Liberation Front (MILF). Then, as reported by a local newspaper, citing a regional intelligence source who was not named, Mr Abdul Majid is believed to be asked to supply engineering equipment for dual-use weapons factory capable of making various types of weapons including rocket launchers.

 These are very serious allegations without substantiated evidence or opportunities for defense.  Detention without trial and without evidence of serious allegations violates basic principles of human rights, justice, religion and international standards on human rights.

  GMI and family members denounced Abdul Majid’s arrest and detention under Section 73 (1) of ISA and his repatriation to his home country of Singapore.

1.0 BACKGROUND 

 Abdul Majid Kunji Mohammed is a  businessman. He is 60 years old and came from Singapore, but he has lived in Malaysia for more than 10 years. He had 8 children with his ex-wife. He is a jovial and very religious person. He was a lecturer before at University in Singapore.Now, he has a serious problem in his business because of poor response. In the meantime, he is accused of channeling funds to militant groups in the southern Philippines. This accusation is very doubtful if Abdul Majid had financial difficulties and almost went bankrupt.

 

2.0 CHRONOLOGY OF ARREST 

 2.1 Abdul Majid was arrested on May 6, 2011, at 7.00 pm by a group of police who introduced themselves as police from Bukit Aman. He was arrested at his office in Setiawangsa, Kuala Lumpur, and later was taken directly to his home. The police continued to raid into the home without any identification, and reason. Mrs. Suriati bt Othman, wife of Abdul Majid, repeatedly asked why her husband was handcuffed and arrested, but the response given by the police was that Abdul Majid was arrested under the ISA. According to the police, they do not have any prove; they only act based on reports.

 

 2.2 According to Mrs. Suriati, when she met her husband for the first time after the arrest, Abdul Majid was always depressed and behaved somewhat hesitant to answer any questions raised. The same thing happened in the second meeting. In fact, he acted strangely and advised her not to do anything for his release.

 

 2.3 The conduct of Abdul Majid is not much different from any of the new detainees that were arrested. We believe these are the effects of ruthlessness by Special Branch (SB) officers who had most likely threatened Abdul Majid and advised him not to open his mouth if he wants to be freed.

 

 2.4 On May 19, 2011, Mrs. Suriati received a call from the police stating that Abdul Majid had been sent back to Singapore and was detained under the ISA Singapore. Until today the lawyers are not allowed to meet with Abdul Majid. He was sent home without any trial.

 

3.0 HUMAN RIGHTS VIOLATIONS 

 The main issue here is detention without trial. Detaining a person under the Act do not provide the opportunity for a hearing and defense in an open court. Such Act violates international human rights charters as enshrined in Clause 9, 10, 11 and 13 of the Universal Declaration of Human Rights 1948 ; Clause 9 and 12 of the International Covenant on Civil and Political Rights 1966; Clause 12 of the Charter of Human Rights Malaysia and Clause 5 of the Constitution of Malaysia.

  The principle of innocent until proven guilty is a fundamental principle in the issue of detention without trial. Failure to respect this and with the presence of excessive power in the hands of the government and police, laws like this are often used to maintain the position of the government and the police. The arrest and subsequent deportation of Abdul Majid was mala fide because the police themselves admitted that they have no evidence against Abdul Majid.

 

4.0 GMI’s STAND

  4.1 GMI strongly condemns the arrest and deportationof  Abdul Majid to Singapore. GMI and family are very worried about the safety and health of Abdul Majid. Abdul Majid’s wife and children still reside in Malaysia. The love for their husband and father were seized as a result of ISA. The absence of trial in courts and the subsequent deportation is an act against human rights.

  4.2 GMI values national security highly and does not condone terrorist activities, but a right to a fair trial cannot be denied under any circumstances. If the government has evidence against the suspect, we urge the government to charge them in open court, in accordance with their right to defend themselves, their right to seek legal counsel and the right to a fair trial. If not, then anyone, including Abdul Majid should be released without delay and without conditions. Arrest made does not justify the importance of the ISA. Arrest made without evidence and without trial in fact justifies the repeal of the cruel ISA. Accusing a person of committing a crime without any credible evidence is slander. Detaining a person without trial and without opportunity to defend oneself is barbaric!

  4.3 In fact, the police, who often change the charges or labels used against Abdul Majid  quite clearly showed that the police had no evi
dence towards him. They actually failed to bring any evidence against Abdul Majid.

  4.4 In Malaysia, a proposal for the review of ISA was made since 3 April 2009, more than two years ago. But until now, no one knows when will the proposal be tabled while the ISA is making tens of thousands as victims since 51 years ago. The recommendation to review the ISA  was voiced by several Ministers and the BN component parties before this. Some suggested the establishment of the Parliamentary Select Committee. Some even quit their position as minister as a sign of protest.

  4.5 The Human Rights Commission of Malaysia (Suhakam) had recommended since 2003 for the ISA be abolished and be replaced by a new Act, Terrorism Act, but it has never been examined by the government or tabled in Parliament. At the same time, the existing provisions of existing laws are adequate to address terrorism.

 GMI would like to emphasize that the fundamentals of the ISA are against the human rights and the principles of justice, freedom and rule of law. ISA should not only be reviewed but should be abolished!  

  Thus, GMI would like to urge the Singapore Embassy to:

  1. Intervene and request the Police and the Singapore government to free Abdul Majid immediately or put him on trial in a court of justice. Abdul Majid should be given recourse to a fair trial in conformity with international standards of due process with access to full legal representation and family members.
  2. Allow the wife and the family members to visit Abdul Majid at the detention centre.

 

Abolish ISA!

Release All the detainees!

 

 

Released by,

 Abolish ISA Movement (AIM), Malaysia