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9(c) B4-0936 and 0967/97

Resolution on detentions without trial in Malaysia

The European Parliament,

A. having regard to the Internal Security Act which allows the Malaysian government to order indefinite detention without charge or trial of any person suspected of threatening national security,

B. having regard to reports from international organizations stating that presently over 200 people are being detained under the Internal Security Act; whereas at the beginning of November 10 more arrests were made under the same legislation,

C. whereas, in addition to the Internal Security Act, Article 149 of the Malaysian Constitution has given legitimacy to other laws used by the authorities to detain thousands of Malaysians without trial for alleged criminal offences,

D. whereas 36 Malaysian organizations gathered in Perak on 26 October 1997 to call upon their government to abolish the Internal Security Act and all other laws providing for detention without trial and to plead for fair and public trial of prisoners,

E. whereas the guarantee not to be detained in any way without a fair and public trial is a basic and fundamental human right,

1. Deplores the fact that the Internal Security Act permits the Malaysian authorities not to charge detainees;

2. Urges the Malaysian authorities to adapt the Malaysian Constitution and enact laws which ensure fair and public trials for all detainees;

3. Calls on the European Union and its Member States to press the Malaysian government to respect human rights and to review the Internal Security Act;

4. Instructs its President to forward this resolution to the Commission, the Council, the Member States and the Government of Malaysia.

This document is published online by Equipo Nizkor and Derechos Human Rights