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Demand Malaysian Release of Tian Chua

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12 August, 2005ICEM News release No. 10/2003

I n years past, Tian Chua was a valued and highly-respected labour activist who held close ties and worked intimately with ICEM on several projects. Such work was halted in April 2001 when Tian Chua and others were jailed under the country's Internal Security Act (ISA), a controversial law in Malaysia that among other things allows for indefinite detention without trial.

Twice, in December 2002 and again in May 2003, the ISA Review Board recommended the release of Tian Chua and the others, but the government of Prime Minister Mahathir Mohamed refused. The matter has now escalated and evidence from a 9 May assault and beating of Tian Chua at the Kemunting detention centre in Perak state indicates the government has no plans to release him.

Tian Chua and the others were detained under the ISA and no evidence has ever been made public. In September 2002, a Malaysian Federal Court panel ruled that three of the detainees, including Tian Chua, had been unlawfully held since their April 2001 arrests. Chief Justice Mohamded Dzaiddin said their detention was merely for intelligence gathering with no link to national security. "... they were not interrogated on the militant actions and neither were they questioned about getting explosives and weapons. I find that there is much force ... that the detentions were for the ulterior purpose and unconnected with national security," wrote the chief justice.

The ICEM Executive Committee in June 2002 called on the Malaysian goverment to relase Tian Chua and the others, and to abolish the draconian ISA. That pronouncement was reinforced with stronger language at the ICEM Executive on 23 May 2003.

"The ICEM Executive Committee ... calls on the Malaysian government of Prime Minister Mahathir Mohamed to immediately release Tian Chua and the other detainees without any conditions, and to allow an investigation by the special representative of the Untied Nations General Secretary on Human Rights over their detention and physical abuse while incarcerated.

"The ICEM also calls on the International Confederation of Free Trade Unions (ICFTU) to raise the detention of Tian Chua at the 91st Session of the International Labour Conference in Geneva from the 2nd - 19th June 2003.

"The ICEM calls on the Malaysian government not to interfere with Tian Chua's pursuit of his Doctorate Degree."

Tian Chua was handcuffed and then beaten on 9 May after security guards confiscated a laptop computer from his barracks at the Kemunting detention center where he is now being held.