Malaysia Detains Thirteen Under Internal Security Act Despite Promise of Reform

November 19, 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia – The Malaysian government has used the Internal Security Act to detain thirteen individuals indefinitely and without trial despite an announcement in September that the ISA would be repealed.

Thirteen individuals were detained under the ISA despite promises by the Malaysian prime minister, pictured above, that the law would be repealed (Photo Courtesy Malaysian Insider).

According to the inspector-general of police all thirteen of those detained this week were arrested under Section 73(a) of the act which authorizes the police to make a warrant-less arrest of anyone whom they suspect might “act in any manner prejudicial to the security of Malaysia.”

Although the identities of those detained have not been officially released, there are reports that the detainees include businessmen and two teachers and that six of those detained are foreign nationals who are slated to be deported to their country of origin.

The reason for the detentions, according to the inspector-general, is that intelligence and police investigations have uncovered information that those detained were attempting to revive militant activities but did not elaborate on which militant organization they belonged to. Authorities also allege that the suspects were planning to conduct paramilitary training on the coast of Malaysia before going to the southern Philippines and were using Tawau, a Malaysian coastal city, as their transit point for importing weapons from the Philippines.

Asia director of Amnesty International, Sam Zarifi, has criticized the Malaysian government as making “…a mockery of its plan to scrap the Internal Security Act by using it to detain people once again.” Zarifi has called on the Malaysian government to either charge the thirteen detainees or release them.

Voice of the Malaysian People, a rights group, has described the detentions as a heinous act and found it “…regrettable because it contradicts with the announcement of the prime minister of Malaysia” referring to the September announcement of the act’s repeal.

Over the past decade, the law has been used to detain over 100 militant suspects, political opponents and government critics without trial.

The Internal Security Act has been criticized as draconian and contrary to international human rights standards calling for a fair trial, the right to due process and freedom from arbitrary detention.

Human Rights Watch has been applying pressure to the Malaysian government to fulfill their promise to repeal the Internal Security Act. Even after the promise to repeal the act was made, however, the senior minister in charge of legal affairs explained that there was no schedule for action to officially rescind the Internal Security Act but that it might not happen until after the March 2012 legislative session.

For more information, please see:

Borneo Post – Six Foreigners Held for Militant Activity to be Deported – 19 November 2011

The Star – Thirteen Detained in Tawau are Terrorists, Says Hishammuddin – 19 November 2011

Amnesty International – Malaysia: New ISA Detentions Show U-Turn on Reform Promises – 18 November 2011

Arab News – Malaysia Arrests Thirteen Suspected of Militant Activity – 17 November 2011

Channel News Asia – Malaysia Detains Thirteen Over Borneo Militant Group – 17 November 2011

Human Rights Watch – Malaysia: Fulfill Promise to Repeal Abusive Laws – 23 September 2011

Russian Federation Violates International Law in Investigation of Smolensk Crash

November 19, 2011

By Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

WARSAW, Poland – A November 11, 2011 Status Report was released by a multidisciplinary team of experts which presents evidence that demonstrates Russia’s violation of international law during the investigation of the April 2010 aircraft crash which killed the Polish President, First Lady and many other Polish officials.

The PFL 101 Governmental Plane that carried the Polish President and his wife which crashed in April 2010 (Courtesy of The Guardian)

In April 2010 a PFL 101 Governmental Plane carried the Polish President, First Lady, and 95 others from Poland to Russia where it crashed at Smolensk military airfield. The aircraft was on its way to commemorate the Massacre of Katyn where 20,000 Polish officers were murdered under the Stalin regime. According to the BBC, it was “the nation’s worst disaster since World War Two.”

Because the crash occurred in Russia, the Russians spearheaded the investigation into the cause of the accident yet seemingly wanted to involve and include Poland in the inquiry. Pursuant to the Chicago Convention, the Republic of Poland and the Russian Federation entered into an agreement which provided that the Russian Federation, as the State of Occurrence, would be in charge of and conduct the investigation, while the Republic of Poland would appoint an Accredited Representative to participate in the investigation. In other words, the two countries agreed to work together and collaborate in the investigation of the aircraft crash.

Unfortunately, despite the willingness of both countries to enter the agreement, the agreement was fundamentally violated by the Russian Federation thereby leaving the Republic of Poland unable to fulfill its obligations as proscribed by the Chicago Convention. The Polish Accredited Representative “filed numerous motions and requests with respects to the investigation” in accordance with the Chicago Convention; yet, out of 222 inquiries that Poland filed only 34 were answered. According to the Status Report, “the Russian Federation ignored or refused to acknowledge 169 inquiries, and partially answered 19 inquiries.”

The laundry list of information that the Russian Federation failed to provide is extensively long. The Status Report outlines the denied information in great detail. In short, the Federation failed to provide vital information regarding “the assessment of the minimum airdrome conditions at the Smolensk airport, a request for video recordings of radar display readings, a request for photographic documentation from the crash scene, a request for data of the fly-around performed soon after the crash, and requests for inspection of communication and navigation aids.” Furthermore, the Russian Federation failed to provide “documentation of forensic examinations of the aircraft crew” or the report of the inspection of the crash site. The Polish side has not received information regarding any rescue actions at the scene of the crash nor any “transcripts of communication or situational plans, reports of participants of the rescue and fire- fighting teams, photographic documentation, including film footage, which is essential for proper assessment of the security level of the airfield. Failing to provide this critical information inhibited Poland from reaching its own conclusions regarding the ultimate cause of the crash.

Though Russia has withheld this critical information from Poland, the Russian investigation concluded in January and determined that the cause of the crash was the “pilot’s decision to attempt to land despite extremely poor visibility caused by dense fog at the airfield.” Not all agree that this conclusion is likely to be entirely comprehensive or even true. The late Polish President’s brother, Jasoslaw Kaczynski, believes that the Russians “bear direct responsibility for the crash.” Furthermore, an opinion pole conducted last week shows that 78% of those who responded believe that “the circumstances of the crash have not been fully cleared up.”

The Republic of Poland, “as the State having suffered fatalities of its President, First Lady, nine generals and the top leadership” deserves access to the truth. The Country has a right to the “relevant factual information” of the crash. The Chicago Convention provides that the “State of Occurrence shall use every means to facilitate the investigation…and…establishes the responsibility of the state conducting the investigation.” Having signed the agreement pursuant to the Chicago Convention, the Federation of Russian has a legal duty and responsibility to comply with international law. The Federation must properly investigate the circumstances surrounding the crash; it must allow access to not just some, but all of the relevant evidence surrounding the tragic plane crash and allow Poland to reach its own conclusions.

For more information please visit:

The Guardian – Smolensk Air Crash–A Year On and the Scars are Yet to Heal – 7 April 2011

BBC – Division Mars Poland’s Smolensk Plane Crash Anniversary – 9 April 2011

Egyptians Unify to Protest Proposed Constitutional Changes by the Supreme Council of Armed Forces

November 19, 2011

By Carolyn Abdenour
Impunity Watch Reporter, Middle East

CAIRO, Egypt – On Friday, 18 November, tens of thousands of Islamists and young activists gathered at Tahrir Square to protest Egypt’s ruling Supreme Council of Armed Forces’ (SCAF) attempt to grant themselves special powers for a future elected government. The SCAF has ruled the country since Mubarak’s fall in February, but many Egyptians fear the military wants to ingrain its power after the elections that take place in ten days.

Thousands Gather to Protest SCAF. (Photo Courtesy of Seattle Post-Intelligencer)

The rally, called “Friday of One Demand,” rested on the principle that the military should end their rule with a swift transfer of power to the elected president by April 2012. This demonstration has been the largest since the 18-day revolt that spurred Mubarak’s fall.

The demonstrators in Cairo and Alexandria demanded the SCAF remove their proposed constitutional change to declare the military the guardian of “constitutional legitimacy”. Critics suggest this wording implies the military could strongly influence major policies once Egypt elects a new president. The SCAF also introduced constitutional clauses to limit civilian oversight of the military.

The SCAF promised to end its rule that began when Mubarak fell on 11 February after a six-month transitional period. During their tenure, the SCAF has maintained a security vacuum, tried civilians in military court, and ignored the people’s demands from the January 25 Revolution while the national economy deteriorated.

Although both liberals and conservatives are vying for votes, both sides stand against the military. The election victors will draft the new constitution to define post-revolutionary Egypt.

The demonstration population includes conservative Islamists from the Muslim Brotherhood’s Freedom and Justice party, their hardline Islamic Salafi rivals from several political parties, and young protesters who relied on social networking to lead the previous protests.

Social studies teacher Nahed Skukri commented that the diversity of ages, classes, and allegiances reminded her of Egyptian unity against Mubarak. She said, “We are unified against people who try to take advantage of use. . . . The [SCAF] is taking advantage of us now, and now we are regrouping. I can see that we are one today.”

The Muslim Brotherhood, Egypt’s most organized political group expected to fare well in the elections, has dodged confrontation with the SCAF. However, the Brotherhood warned the SCAF if it does not withdrawal its proposed constitutional powers, the protests would increase.

28-year-old Brotherhood member Hani Hegazi commented, “The army as no role in ruling people. . . . Its only job is to protect the country. We want civilian rule chosen through democracy.”

For more information, please see:

Ahram Online – Islamists Dominate Egypt’s Tahrir Square’s Dense Friday Protest – 18 Nov 2011

BBC – Egypt: Thousands Protest in Cairo Against Military – 18 Nov 2011

Seattle Post-Intelligencer – Egypt’s Islamists Confront Military, Vie For Votes – 18 Nov 2011

The Washington Post – In Egypt, Crowds Urge End to Military Rule – 18 Nov 2011

Eighth Murder of Environmentalist in Para Region of Brazil

November 18, 2011

by Emilee Gaebler
Impunity Watch Reporter, South America

BRASÍLIA, Brazil – The eighth murder of an environmental activist, since May of this year, has occurred. Joao Chupel Primo, a 55 year old activist in the northern state of Para was shot in the head by two unknown men.

The Argentina Independent reports that Primo was approached at his mechanic shop by two unknown men asking for car repair work to be performed. Upon approaching them, one of them pulled a gun and shot Primo in the head. He died shortly after from the bullet wound.

Primo was an active protestor against the deforestation occurring in Brazil’s rain forest. He was currently working on the Projeto de Assentamento Areia (Area Settlement Project) which publicly criticized the illegal logging taking place in the Riozinho de Anfrisio reserve.

“He was receiving death threats and had already been physically abused,” said Gilson Rego the spokesman for the Pastoral Land Commission (CPT).

Other protestors and environmental agencies don’t hesitate to link Primo’s murder to his protests. Rego points to just a few weeks ago, in early October, where demonstrations by Primo led to a police investigation to halt illegal logging near Itaituba. The land conflict issue has been strained to a near breaking point in recent months with the seven previous murders; including those of husband and wife Jose Claudio Ribeiro da Silva and Maria do Espirito Santo da Silva.

Following Primo’s murder prosecutors in Para have sought protection by the federal police for two other protestors who witnessed the illegal deforestation taking place in the Itaituba region. CPT also points out that the police had been informed by Primo of the death threats he received but did nothing in response. Similar stories of failure to act by the police have come out of the other environmentalist murders.

CPT also published a letter from the Bishop of Itaituba, Dom Frei Wilmar Santin, condemning the murder. In the letter Santin points to President Dilma Roussef’s administration as being incapable of addressing the problem and therefore responsible for the murders.

“Since 2005 until now over 20 people were killed in the region of Para,” says the Bishop in his letter.

This most recent murder of Primo contributes to an alarming trend that seems to be developing in Brazil; an attitude that permits an atmosphere of total impunity to exist around these unsolved and unprosecuted murders.

For more information, please see;

The Argentina Independent – Brazil: Environmental Rights Defender Murdered – 27 October 2011

Front Line Defenders – Brazil: Killing of Environmental Rights Defender Mr. Joao Chupel Primo – 27 October 2011

Intercontinental Cry – The Killings Must Stop Brazil: Murder of Another Peasant Leader – 26 October 2011

Yahoo News – Eighth Brazilian Farmer Since May Killed in Amazon – 25 October 2011

Resurgent Islamist Party Wins Big in Tunisia’s First Democratic Election

November 17, 2011

By Zach Waksman
Impunity Watch Reporter, Africa

TUNIS, Tunisia – Monday was a historic day for Tunisia as the results of its election following January’s revolution were announced. The moderate Islamist Ennahda party garnered 89 out of 217 seats in the country’s new constituent assembly, more than three times that of the next closest party. The elected members face the task of assembling a government and writing a new constitution. More than half of the electorate turned out to vote.

The victory for Ennahda, which had once been banned from taking part in Tunisian politics, marks a comeback for a strong, organized force whose ability to function had been crippled for decades. Unlike political parties in the United States, Ennahda is also “a social movement,” according to Noah Feldman, a law professor at Harvard University. This organization “gave it a substantial leg up when it came to organizing dedicated volunteers to motivate voters,” he wrote in a column for Bloomberg.

Ennahda is expected to form a coalition with the next two leading vote-getters, the left-wing Congress for the Republic (CPR) and the Popular Petition. Negotiations to assemble the new government are still underway, but CPR leader Moncef Marzouki was selected as the interim president. Marzouki’s position will be largely ceremonial, other than the possibility of mediating disputes between leading parties in the assembly. Mustapha Ben Jaafar, head of the fourth-place Democratic Forum for Labor and Liberties, had been pushed as president, but it bogged down in negotiations. He has since been offered the position of assembly president, but has yet to accept. The interim government will also retain defense minister Abdelkrim Zbidi, who has gained respect among Tunisians for using the military to maintain order without being active in the political game.

Two parties ran anti-Islamist platforms, focusing on Ennahda in particular. They won a combined 21 seats in the new assembly.

“Unlike the young secularists, many Tunisians see Islam as a defining feature of their personal and political identities,” Feldman said in an effort to explain why Ennahda faired so well. “Islamists are also highly skilled at reaching across economic and social classes to build support. In poor rural areas, the mosque is sometimes the only gathering place, and Islam can be leveraged to provide a simple, time-tested and powerful political message.”

The elections were highly organized, even though the North African country had only four months to do so. Kamel Jendoubi, leader of the election commission, said his group “clearly contributed to restoring the trust of Tunisians in their electoral process.” He told the Associated Press that he planned to ask the assembly to make the commission a permanent aspect of future contests.

The assembly will hold its first meeting on November 22, and the interim government that it appoints will remain in place until the next round of elections, which has been tentatively scheduled for next year.

For more information, please see:

Washington Post — Tunisian Parties Choose Veteran Human Rights Activist as Country’s New Interim President — 15 November 2011

Al Jazeera — Final Tunisian Election Results Announced — 14 November 2011

AllAfrica.com — Tunisia: Islamists Win 89 of 217 Seats — 14 November 2011

Washington Post — Final Tunisian Election Results Confirm Win for Islamist Party — 14 November 2011

Al Jazeera — Tunisia Coalition to Be Formed in ‘Days’ — 10 November 2011

Bloomberg — Islamists’ Victory in Tunisia a Win for Democracy — 30 October 2011