PUBLIC AI Index: ASA 28/005/2008 10 September 2008

Further Information on UA 249/08 (ASA 28/004/2008) Health concern/torture/ ill-treatment

MALAYSIA Sanjeev Kumar (m), age 25

At approximately 1pm on 9 September, Sanjeev Kumar was released from Kamunting Detention Centre where he had been detained under the Internal Security Act for more than a year. The government had accused him of being a foreign spy, but was not formally charged in court. He was tortured and suffered other ill-treatment whilst in detention. Having been paralyzed on his left hand side he is now confined to a wheelchair. Sanjeev Kumar is presently at home with his family, but remains under surveillance.

The Malaysian government has issued a surveillance order for Sanjeev Kumar under the Restricted Residence Act, which allows the authorities to restrict his movement for any period as required, without any judicial review or administrative hearings. The Internal Security Minister issues these orders which can also demand that a suspect reside in a particular location, or prohibit him or her from entering any other designated area.

Sanjeev Kumar was arrested on 28 July 2007 by officers from the Special Branch of the Malaysian Police. He was held under the terms of the Internal Security Act (ISA), which allows for detainees to be held without charge indefinitely.

For the first eight weeks, Sanjeev Kumar was detained at the Federal Police Headquarters in the capital, Kuala Lumpur. According to sources close to him, he was tortured and ill-treated throughout this period. Police officers beat him repeatedly, stepped on his back, and hit his head with a plastic bottle filled with water. The police also made him drink his urine and inserted a mop into his anus. They forced him to sign a document, even though he reportedly cannot read or write. He did not have access to a lawyer, and the contents of the document he signed are not known.

No further appeals are requested at present. Many thanks to all who sent appeals.