Malaysian High Court Stands Up Against Torture
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npearson's picture

In a recent e-newsletter I received from FORUM-Asia I was very excited to see highlighted a "landmark case in Malaysia granting a [human rights activist who was a] former detainee RM 2.5 million (about US $ 0.74 million) for his detention and torture in 1998 under Malaysia’s highly controversial Internal Security Act (ISA).

Abdul Malek Hussein, who now heads polls watchdog Malaysians for Free Elections (Mafrel), was detained for 57 days under the draconian act for addressing a demonstration at the height of Malaysia’s Reformasi movement, which was sparked by the controversial sacking of then deputy prime minister Anwar Ibrahim.

The Kuala Lumpur High Court Judge Mohd Hishamudin Mohd Yunus ruled that Abdul Malek’s arrest and detention were made in bad faith under Article 5 of the Federal Constitution. He added that the nature of the interrogation was clearly for a political purpose, and was not based on genuine concern for national security."

For the full artlcle see: http://www.forum-asia.org/index.php?option=com_content&task=view&id=1160&Itemid=131

As one can see, the wheels of justice turn slowly. Abdul Malek Hussein was detainined in 1998. He was drawing close to a decade long struggle. For too many, this justice has never arrived. But this case provides hope because this is a landmark not only for Malaysia but for all those seeking justice. The point is not the monetary reparations provided, the real point is the acknowledgment that the detention, ill-treatment and torture were wrong. It sends a tremendous signal to the government that the high court of justice in Malaysia stands against this behavior and is requiring the government to pay for this wrongful behavior. We work for the day when courts in every country around the world take this stand against torture.

The Center for Justice and Accountability in the United States has also worked tirelessly to bring torturers to justice. I hope these rulings inspire others to act against impunity.

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mikese's picture

Glad they are sticking up

Glad they are sticking up for this and helping to file a counterclaim for anyone who's been to court.

jinnwinn's picture

I hold a law degree from

I hold a law degree from Malaysia, have been called to the Malaysian Bar but never practised. Thank you very much for posting this. 

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