A/HRC/11/L.10
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of Refugees. The Office of the United Nations High Commissioner for Refugees in Malaysia had
registered approximately 47,000 persons of concern, primarily from Myanmar, and estimated
that a similar number remained unregistered. Refugees, asylum-seekers and undocumented
migrants faced the risk of arrest and were being detained in immigration detention centres.
Another concern was freedom of expression and freedom of assembly, which had been denied to
citizens of Malaysia.
718. The Islamic Human Rights Commission referred to its research showing routine use of the
Internal Security Act and the Emergency Public Order Preventive Ordinance against individuals
suspected of being an actual or potential threat to national security or public order. It referred to
one detainee arrested under the Internal Security Act in April 2002, and stated that even though
his renewed detention had ended in June 2008, he was reportedly informed that the chances of
his release were unlikely. It considered that the right to be free from arbitrary detention, the
rights to due process and to a fair trial, as well as to the right to freedom of expression, had been
violated. The Commission called for the abolition of the Act and the release of all persons held
under it.
719. Persatuan Aliran Kesedaran Negara - National Consciousness Movement stated that the
Internal Security Act was extremely broadly worded and allowed for indefinite detention without
trial. Under the Act, the Malaysian judiciary had been systematically excluded from playing any
meaningful role in ensuring that those detained were treated in accordance with international
human rights norms. There was no effective judicial review. Judges could not review grounds of
detention and were not shown the purported evidence against detainees.
720. The Arab Commission for Human Rights welcomed the transparent replies provided by
Malaysia. It however regretted that the document containing the written replies had not been
translated, thus impeding genuine dialogue. It recommended clarification of an apparent
contradiction in paragraph 105, which rejected the recommendation made in paragraph 71. It
welcomed the possibility that Malaysia would ratify the Convention against Torture and
establish a national commission to prevent torture and allow prison visits. Given that
recommendation 55 had been accepted, the Commission encouraged Malaysia to also adhere to
the UNESCO Convention against Discrimination in Education, and invited Malaysia to present a
follow-up report to the Council at its fourteenth session.
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