E/CN.4/2000/9
page 142
723.
Concerning the death of Munir Mtanios, the Government indicated that
medical reports clearly showed that he had died as a result of a severe heart
attack. His body had showed no trace of violence or assault.
724.
Concerning the death of Tareq al-Hassaniyah, the Government indicated
that during his detention at the Beit ed-Din police station, he beat his head
against the walls and iron door of his cell after being found to have committed
a number of thefts. According to the Government, this caused a haemorrhage in
his head, as a result of which he rapidly died before the staff of the police
station could transfer him to the hospital. An investigation confirmed that his
death was not caused by torture.
Malaysia
Regular communications and replies received
725.
By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information on the two following cases.
726.
Dr. Munawar Anees was reportedly arrested on 14 September 1998 under the
Internal Security Act (ISA) and was allegedly subjected to severe physical and
psychological pressure during incommunicado detention to confess to sexual acts
with Anwar Ibrahim on behalf of whom the Special Rapporteur intervened in
October 1998 (see E/CN.4/1999/61, para. 458). On 19 September 1998, he was
reportedly convicted of "unnatural offences" under section 377D of the Penal
Code, after he pleaded guilty. He later reportedly appealed his conviction and
sentence, claiming that his confession had been coerced. During his prolonged
interrogation, he was shaved bald, verbally insulted and threatened, stripped
naked and forced to mimic homosexual acts. He was allegedly held in a tiny
windowless cell and deprived of sleep.
727.
Sukma Darmawan, the adopted son of Anwar Ibrahim's father, was reportedly
arrested on 6 September 1998 and was held in incommunicado detention for
15 days. On 19 September 1998, he was also convicted after he pleaded guilty to
"having allowed himself to be sodomized by Anwar Ibrahim". He was then
reportedly transferred to Bukit Aman federal police headquarters where he was
detained incommunicado. During his prolonged interrogation by police in order to
make him confess, he was allegedly subjected to severe psychological and
physical pressure, including being stripped naked in a cold room, humiliated,
struck, and threatened with indefinite detention under the Internal Security Act
(ISA). Police are said to have humiliated him by making him stand naked and by
groping his genitals and pinching his nipples while taunting him with
humiliating words. He was allegedly placed in a small, damp and cold cell. In
May 1999, the High Court is said to have dismissed his appeal against his
conviction and sentence, stating that there was no miscarriage of justice
because he had admitted to the facts. He reportedly appealed the ruling.
Urgent appeals and replies received
728.
On 24 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Shaharudin Abdul Kadir. He had reportedly been detained incommunicado
under the ISA at his home in the early hours of 19 February 1999. He had
reportedly been detained under suspicion of association with the Reformasi
movement for social and political reform in Malaysia. By letter dated 19 March
1999, the Government replied that he had been arrested on suspicion that he was
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