NST: Trio seek to challenge detention


23 June, 2011: Original post  here.

SHAH ALAM: Three men, who were detained under the Emergency Ordinance, have filed an application at the High Court challenging their detention.

Muhamad Arif Abu Samah, 19, Mohamed Ramadan Mohamed Ali, 22, and Mohamad Rafe Mohamed Ali, 20, filed the application for judicial review at the High Court registry here yesterday through Kanesalingam & Co.

The inspector-general of police, the deputy home minister, the prime minister and the government were named as respondents.
The trio are seeking for a declaration that their detention under the Emergency Ordinance, dated May 16, should be terminated as it was illegal.

They also claimed that the prime minister’s failure to advise the Yang di-Pertuan Agong to abolish the Emergency Ordinance 1969 was an abuse of power.

In their affidavit, Arif, who is detained in Mukim Lenggor, Johor, Ramadan in Mukim Chenor, Pahang, and Rafe in Mukim Sungai Ular, Kedah, alleged that they were arrested on March 8 for a week without being produced before a magistrate for a remand order.
They claimed that they were detained at police stations without the knowledge of their families.

Arif, Ramadan and Rafe accused the police of kicking, slapping and beating them with iron rods and cables during their detention.

They also claim that they were threatened not to appoint lawyers and were never told of their rights to representation.
They claimed that when they finally appointed lawyers, they were only allowed to meet them briefly and were watched.

They said they were forced to sign documents whose contents were not explained and that they were not allowed to read the documents they had signed.

The three were held under the Emergency Ordinance for two years for allegedly stealing five motorcycles, which they claimed were not a threat to public safety.

They are seeking punitive, aggravated and exemplary damages, and other costs deemed fit by the court.

Malaysian Centre for Constitutionalism and Human Rights (MCCHR) is a non-profit based in Kuala Lumpur with the mission of promoting active democratic participation and human rights awareness.

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