Communications received
223. By letter of 10 January 2002, the Government responded to the urgent appeal sent
on 1 June 2001 regarding Mr. Abed al-Ahmar. The Government asserted that Mr. al-Ahmar had been arrested on 24 May 2001 for investigation into his activities with the Popular Front terrorist organization and his involvement in various terror attacks, including shooting incidents against Israeli soldiers and the murder of Baruch Cohen. The Government added that Mr. al-Ahmar's petition to the High Court of Justice about his interrogation and the conditions of his detention had been heard and dismissed by a panel of three judges on 12 June 2001.
Observations
224. The Special Representative thanks the Government for the reply regarding
Mr. Abed al-Ahmar but is awaiting information with regard to the other cases she brought to the Government's attention.
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JAMAICA
Communications sent
225. On 9 August 2001, the Special Representative, together with the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on freedom of opinion and expression, sent an urgent appeal regarding Mr. Hilaire Sobers, a journalist writing a weekly column on human rights in the newspaper Jamaica Observer who is known to be an outspoken critic of the Government's human rights record. It was reported that, on 7 August 2001, a letter was delivered to the newspaper's offices which contained a picture of a gunman raping and shooting Mr. Hilaire Sobers. The letter allegedly made reference to Mr. Hilaire Sobers' human rights work and to the activities of other human rights journalists, namely Mr. Perkins, a renowned radio journalist, Mr. Wignal, a journalist working for the Jamaica Observer, and threatened to kill them. It was also reported that the letter also explicitly mentioned the contact established by Mr. Hilaire Sobers with Amnesty International and accused him of working with Mr. Edward Seaga, the leader of the Jamaica Labour Party (JLP) opposition party. According to the information received, Mr. Hilaire Sobers reported the letter to the police that day. It is believed that the author of the letter is allegedly a supporter of the Government, the ruling People's National Party (PNP).
Observations
226. The Special Representative regrets that at the time of the finalization of this report the Government had not transmitted any reply to her urgent appeal.
KENYA Communication sent
227. On 25 October 2001, the Special Representative, together with the Special Rapporteur on torture, sent an urgent appeal regarding the following members and supporters of Release Political Prisoners (RPP), a human rights activist organization which mainly lobbies for the release of political prisoners. Among the arrested members were Kivutha Kibwana, Mungai Kibe, Ng'ang'a Waweru, George Mutua, Kiilu, Stephen Musau, Peter Wambua, Johnstone Nyamu, Mercy Nyambura Kariuki, Peter Mutemi, Benson Mutiso, Aloise Muia, Mbara Kambara Kariuki, Kibuku Kihura, Mukia Kamau, Githii Mweru, Daniel Muoti, Njoroge Wanguthi, Rahab Wairuri, Julius Mwaura, Kimani Waweru, Francis Njenga, Martin Mukeku, Francis Mutuku, Charles Nthanga, Gitau Wanguthi, Waweru Kariuki, Thungu Wakaba, Peter Nguma, Kennedy Kimeu, Julius Kariuki, Gathoni Kamau,
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Samuel Gikundi, Waruiru Mungai, Solomon Waithaka, George Ngige, Haron Keli, Joseph Muoki, Gathoga Njoroge, Munyae Mulinge Kioko, Theophilas Kiilu, Simon Mburu, Elijah Ochieng Solomon, William Mbuvi, Eric Mulevu, Silvanus Kikihu, Karori Njunge, George Mungi, Moses Mbugua, Kimani Ndegwa, Benjamin Muhesuni, Moses Karori, Kamonje Manje, Owino Amina, Nyongessa Omboko, Gitau Kung'u, Tony Ndolo, Orina Nyamwamu, Peter Maina, Joseph Bonzo, Tirop Kitur, Odhiambo Oyoko, Mwendwa Kibwana, Njoki Kamau, Henry Maiyo, Stephen Waweru, Nyamberi Bosire, Munga Gathogo, Mwangi Kimbathi, Wambua Kituku, Daniel Mathias Kingoo, Boaz Waruku. It was reported that they were arrested at the RPP premises in Nairobi during a peaceful celebration to mark Mau Mau Day (officially called Kenyatta Day), which commemorates the 1952 uprising of the Mau Mau against British rule. The police appear to have used excessive force to break up the gathering. All were reportedly brought before the Chief Magistrate at the High Court on 22 October 2001 to answer charges of "unlawful assembly". Since they all refused to enter a plea, they were recorded as pleading "not guilty". Only five of the detainees have reportedly been able to gather the sum required to post bail. The bond has been set at 50,000 Kenyan shillings, which is believed to be more than most of the persons arrested, mainly students or youths, can afford. Members of the RPP are said to face regular harassment and intimidation from the authorities because of their work in defence of human rights.
Observations
228. The Special Representative is awaiting a reply from the Government.
KYRGYZSTAN Communications sent
229. On 25 January 2001, the Special Representative sent an urgent appeal concerning the cases of Albert Korgoldoev, Ravshan Garipov and Ramazan Dyryldaev. It was reported that,
on 6 December 2000, officers of the Department of the Interior in Jalal-Abad attempted to detain Mr. Albert Korgoldoev, a coordinator for the Kyrgyz Committee for Human Rights (KCHR) for the Jalal-Abad region, based on a fabricated complaint drawn up by an affiliate of the Coalition of Non-Commercial Organizations. According to the source, Nouoken Kasiev, the State Secretary of the Kyrgyz Republic, created the Coalition of Non-Commercial Organizations on the eve of the presidential elections in order to discredit independent journalists, opposition-related observers and independent non-governmental organizations. It was also reported that criminal charges of hooliganism under article 234, part 2, point 1.4 of the Kyrgyz Criminal Code were allegedly pending against Mr. Korgoldoev and that he was in hiding in order to avoid being arrested. It was also alleged that Ravshan Garipov, the director of the
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Kara-Suy Human Rights Centre "Provosudie Istina", was arrested on 21 November 2000 and detained in Kara-Suy ROVD (district police station). According to the source, Mr. Garipov has been active in cross-border relations with Uzbekistan to stop the destruction of a local historical site and has investigated allegations of corruption in the privatization of the Kara-Suy bazaar. It was also reported that Mr. Garipov is an active member of the Coalition of Non-Governmental Organizations for Democracy and Civil Society, and has served as and trained non-partisan election observers. According to the information received, Mr. Gapirov was charged with hooliganism under article 234 of the Kyrgyz Criminal Code and his trial was set to begin on 26 January 2001. The communication also raised the case of Ramazan Dyryldaev, the chairman of the Kyrgyz Committee for Human Rights (KCHR), and other KCHR members who have been in exile since July 2000. According to the source, government actions such as the sealing of the committee's office and the seizure of its bank accounts prevent the members of the KCHR from continuing their work in Kyrgyzstan. Furthermore, it was alleged that the Kyrgyz authorities have not yet properly dismissed outstanding charges against Ramazan Dyryldaev and have made no arrangements to ensure his safe return from exile so that he may carry out his work as a human rights defender in Kyrgyzstan.
230. On 18 June 2001, the Special Representative sent an urgent appeal jointly with the Special Rapporteur on torture regarding Adymamat Kadyrbekov, a member of the KCHR. He was reportedly stopped in the street and subjected to ill-treatment by members of the Governmental Auto Inspection (GAI) in Jalal-Abad, on 12 June 2001. It was alleged that as he showed his KCHR membership card, one of the militiamen said, "I am sick of all these law defenders". He was subsequently handcuffed and put into a car, where he is believed to have been beaten and to have defended himself. He was reportedly transferred to the City Department of Internal Affairs and the investigator is said to have opened a criminal case against him for "use of violence in resisting public officials", for which he could risk up to five years' imprisonment. Mr. Kadyrbekov was set free, but it was alleged that he remained under the control of the militia.
231. On 30 August 2001, the Special Representative transmitted an allegation jointly with the Special Rapporteur on torture regarding Almaz Dyryldaev and Gulhan Borubaeva, both members of the KCHR. They were reportedly subjected to ill-treatment by police officers
on 20 July 2000. According to the information received, about 20 police officers surrounded the KCHR office on Ivanitsin Street (Bishkek) and detained Almaz Dyryldaev under the orders of an investigator of Pervomai ROVD. It was reported that Almaz Dyryldaev was beaten during interrogation at the ROVD. As a result, upon release, he went into hiding. Gulhan Borubaeva was said to have remained held in the office of the KCHR without food for four days until the office was unsealed and she was allowed to return home.
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Observations
232. The Special Representative would like to refer to the separate report she has submitted to the Commission on Human Rights (E/CN.4/2002/106/Add. 1) on the visit to Kyrgyzstan she undertook from 30 July to 4 August 2001.
MALAYSIA
Communications sent
233. On 3 May 2001, the Special Representative, together with the Special Rapporteur on torture and the Chairman of the Working Group on Arbitrary Detention, sent an urgent appeal concerning Badaruddin Ismail, a member of the secretariat of the human rights organization Suara Rakyat Malaysi (Suaram), Voice of the Malaysian People. The Malaysian police reportedly arrested him on 26 April 2001 under the Internal Security Act (ISA). According to the information received, Badaruddin Ismail was arrested without charge and was held incommunicado in an unknown location. It was alleged that Badaruddin Ismail was arrested and detained in connection with his work assisting the families of detainees and documenting police brutality.
234. On 17 July 2001, the Special Representative sent an urgent appeal jointly with the Special Rapporteur on torture, the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on freedom of opinion and expression regarding Mr. Mohamad Fuad Mohd Ikhwan, president of the Student Representative Council of University Malaya. According to the information received, he was reportedly arrested in Kuala Lumpur on 6 July 2001 under the Internal Security Act (ISA). Earlier, a student leader from the Institute Kemahiran Mara, Mr. Khairul Anuar Ahmad Zainuddin, was allegedly arrested under this Act on 5 July 2001 at the Dang Wangi police station. The Inspector General of Police, Norian Mai, was quoted in a report as saying that Mr. Khairul Anuar had been arrested in connection with activities posing a threat to the national security and on suspicion of having set fire to the Tunku Canselor Hall of University Malaya on 2 July. These arrests of student activists under the ISA allegedly followed a recent police raid on a student movement supporting political reforms and the abolition of the ISA in front of the National Mosque on 8 June 2001. It was also reported that 41 persons, including three teenagers, were arrested and held at the Taiping police station for illegal assembly on 15 July 2001, following a demonstration ("Konvoy Perdana") organized to support family members of six political activists allegedly detained under the ISA without trial for two years, Tina Chua, Mohamad Eyam Mohd.Nor, Saari Sungib, Hishamuddin Rais, Llokman Adam and Badaruddin Ismail. The 41 detainees were all released, but 37 were released on police bail amounting to RM 1,000 each.
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Communications received
235. In a reply dated 28 August 2001, the Government of Malaysia informed the Special Representative that Mr. Badaruddin Ismail had been taken into custody in order to assist the Royal Malaysian Police in their investigations pertaining to credible threats to the public order and internal security of Malaysia. The Government added that Mr. Badaruddin Ismail was among those involved in organizing illegal nationwide street demonstrations that would result in public discord and unrest, detrimental to the domestic harmony, stability and internal security of Malaysia. The Government assured the Special Representative that due process of law has been followed in the arrest and detention and that the Royal Malaysian Police had released
Mr. Badaruddin upon completion of the investigations. The Government added that family members had been allowed to visit the detainee on several occasions and that the chairman and four other panel members of SUHAKAM, the Malaysian Human Rights Commission, had been given unhindered access to all detainees on 29 May 2001. The Government stated that so far, there had been no allegations of torture or ill-treatment of the detainee arising from such visits.
236. On 28 August 2001, the Government of Malaysia replied to the urgent appeal sent by the Special Representative on 17 July 2001. The Government informed the Special Representative that the Royal Malaysian Police took into custody Mr. Khairul Anuar Ahmad Zainuddin and Mr. Mohamad Fuad Mohd Ikhwan on 5 and 6 July 2001 respectively, to assist in their investigation pertaining to credible threats to the public order and internal security of Malaysia. The arrests were made in accordance with Section 73 (1) of the 1960 Internal Security Act (ISA) of Malaysia. The Government affirmed that the two men were released unconditionally
on 16 and 28 July 2001, respectively and while in custody had access to their respective relatives. There had been no allegation of torture or ill-treatment arising from such arrests.
Observations
237. The Special Representative thanks the Government for its replies and cooperation. The Special Representative welcomes the release on 5 June 2001 of Mr. Badaruddin Ismail, as well as the release of Mr. Mohamad Fuad Mohd Ikhwan on 16 July 2001 and of Mr. Khairul Anuar Ahmad Zainuddin on 28 July 2001. She is, however, concerned that the Internal Security Act (ISA) allows the police to detain incommunicado and without a warrant any person deemed a threat to the national security or economic life of Malaysia for up to 60 days of investigation. Under the ISA, the Minister of Home Affairs may extend the period of detention for an initial period of up to two years without reference to the courts and the Prime Minister can issue a further detention order for up to another two years, again without reference to the courts, and this period is renewable indefinitely. The Special Representative remains disturbed at the use of the ISA against human rights defenders and considers such use to be a potential threat to activities
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for the promotion, protection and implementation of human rights. Furthermore, the Special Representative recalls that, in a letter dated 25 July 2001, she indicated her interest in visiting Malaysia and hopes that the Government will give positive consideration to this request.
MAURITANIA
Communication envoyee
238. Le 27 aout 2001, la Representante special e a envoyё au Gouvernement mauritanien une allegation concernant Mme Ai'ssata Satiguy, membre du bureau executif de Г Association mauritanienne des droits de l'homme (AMDH). Mme Satiguy aurait ete licenciee le 5 juin 2001 par la Caisse de securite sociale de Mauritanie ou elle travaillait depuis 15 ans, pour le motif "d'abandon de poste". Cette decision ne lui aurait ete notifiee que le 18 juillet 2001 et Mme Satiguy en aurait aussitot saisi l'Inspection du travail. D'apres les sources, ce licenciement serait lie aux activites de Mme Satiguy en faveur de la promotion et de la defense des droits de l'homme. D'apres les informations recues, les pressions exercees a l'encontre de Mme Satiguy se seraient accrues en 2001 en raison de son implication dans la preparation de la Conference mondiale contre le racisme a Durban. Selon les informations recues, en avril 2001, lors de sa participation a la derniere session de la Commission africaine des droits de l'homme et des peuples a Tripoli, Mme Satiguy aurait ete publiquement menacee par le Consul general de Mauritanie. Suite a cet evenement, sa famille aurait egalement fait l'objet de pressions.
Communications received
239. By letter of 20 September 2001 the Government informed the Special Representative that the case of Ms. Ai'ssata Satiguy Sy was an ordinary law matter, which has absolutely nothing to do with Ms. Sy's activities relating to politics, associations or the "defence of human rights". Ms. Aissata Satiguy Sy, an employee of the National Social Security Office (CNSS), was on leave of absence for the period from 1 April to 5 May 2001 and was due to take up her duties again on 6 May 2001. The Government further explained that 26 days after the end of the leave of absence and in the absence of any written explanation for this dereliction of duty, the personnel director decided to apply the rules: a message serving formal notice on the person concerned that she must return to work within 72 hours was broadcast on national radio on 31 May. As the person concerned did not return to her job or provide any explanation about her situation, the CNSS took due note, on 5 June 2001, of the breach of Ms. Sy's employment contract. The Government assured the Special Representative that Mauritania was a State governed by the rule of law, where human rights and fundamental freedoms were respected and where there were no "serious human rights violations" to be denounced. The Government specified that no pressure of any kind had ever been put on Ms. Satiguy Sy, who had never