"No one shall be subjected to arbitrary arrest, detention or exile."
(Article 9, the Universal Declaration of Human Rights)
The United Nations Commission on Human Rights has addressed the disturbing expansion of the practice of administrative detention without charge or trial since 1985. Then in 1991, the the former Commission on Human Rights in its resolution 1991/42 set up the Working Group on Arbitrary Detention and entrusted with the investigation of instances of alleged arbitrary deprivation of liberty, according to the standards set forth in the Universal Declaration of Human Rights and the relevant international instruments accepted by the States concerned.
The Working Group on Arbitrary Detention has stated that the detention of Mr. Mat Sah bin Mohammad (in picture below) the husband of unfortunate Mrs. Norlaila Othman is arbitrary and contravenes Articles 9 and 10 of the UDHR (classified it under categories I and III).
The Working Group considers the question of detention in the context of counter-terrorism. As such, the Working Group considers it necessary to reiterate the prominent concern that, in the counter-terrorism context, some States continue to use deprivation of liberty without charges or trial or other applicable procedural guarantees against persons accused of terrorist acts; a practice the Group considers as contrary to international human rights instruments. Specifically, the Working Group considers that detained persons suspected of terrorist activities and/or acts shall be immediately informed of such charges in line with relevant national legislation; they shall be brought before a competent judicial authority; and they shall enjoy the effective right to habeas corpus. The Working Group deems it appropriate to put forward a list of principles in conformity with articles 9 and 10 of the Universal Declaration of Human Rights, and articles 9 and 14 of the International Covenant on Civil and Political Rights, which may be used in the context of measures countering terrorism.
Article 10 of the International Covenant on Civil and Political Rights establishes that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”, but reality looks different in some parts of the world.
We Malaysians must now support Kak Laila Merah Hitam and will be echoeing her demands to Malaysian government to accept and implement the recommendations of the Working Group on Arbitrary Detention requesting the Malaysian government to take necessary steps to remedy Mr. Mat Sah bin Mohammad her husband’s situation to conform with provisions and principles enshrined in the UDHR.
