PUBLIC AI Index: ASA 28/06/98

EXTRA 23/98 Fear of forcible refoulement of Acehnese asylum-seekers / Fear of excessive use of force during repatriaton of asylum-seekers and immigrants / Medical and health concerns 27 March 1998

MALAYSIA

Amnesty International is concerned that asylum-seekers, from the Aceh province of Indonesia, may be forcibly returned to Indonesia as part of a current wave of deportations of illegal immigrants by the Malaysian Government. Acehnese are at risk of serious human rights violations in a province where incommunicado detention, torture, extrajudicial executions and “disappearances” continue.

There are also concerns about the levels of force used by the Malaysian authorities during the deportation process. On 26 March 1998, at least eight Indonesian detainees at the Semenyih detention camp died and dozens were wounded when Malaysian police officers, reportedly armed with batons, water cannon and tear gas, prepared to forcibly repatriate hundreds. One policeman was also killed.

Following this, Indonesian government officials have reportedly confirmed that 545 illegal migrants and asylum-seekers - including Acehnese - left on 26 March 1998 in an Indonesian naval ship. They are expected to arrive in Aceh next week. According to Malaysian police reports four of those wounded during the disturbances have since died during the deportation.

The United Nations High Commissioner for Refugees (UNHCR), though it has gained access to some asylum-seekers, is calling for full access to the detention camps. This is crucial, particularly following the above incident but also in the light of reports of riots breaking out at other detention camps and the denial of adequate medical care and food supplies.

Lim Kit Siang, the Secretary-general of the of Malaysia, has called on the government to allow for an independent investigation into the camp deaths and for there to be a review of the repatriations.

BACKGROUND INFORMATION

The deportations are part of an on-going operation by the Malaysian Government to stem the tide of economic migrants from neighbouring Indonesia, fleeing escalating unemployment, food shortages, rising prices and social unrest.

According to press reports, about 17,000 alleged illegal immigrants, the majority from Indonesia, are currently held in overcrowded detention camps throughout Malaysia. More than 6,000 are believed to have been deported in March and last week the Malaysian authorities announced plans to deport a further 10,000.

RECOMMENDED ACTION: Please send telegrams/faxes/express/airmail letters in English or your own language: To the Malaysian Government: - urging the Malaysian authorities to put a halt to the current spate of repatriations until they can guarantee that all Acehnese seeking asylum have full access to a fair and satisfactory procedure to determine their refugee status; - ensuring that all those seeking asylum have full access to the UNHCR; 2

- calling for a full investigation into the deaths of Indonesian detainees at Semenyih detention camp during the deportation process on 26 March 1998; - urging that independent monitors be allowed access to the camps; - asking them to clarify the whereabouts and medical condition of the illegal immigrants and asylum-seekers.

To the Indonesian Government: - urging the government to lift the restrictions on access to Aceh for human rights monitors and foreign journalists; - urging the government to ensure that those returning are not at risk of human rights violations.

APPEALS TO:

(Malaysian Government)

Prime Minister Dato’ Seri Dr Mahathir bin Mohamad Prime Minister and Minister of Home Affairs Jalan Dato’Onn 50502 Malaysia Telegrams: Prime Minister, Kuala Lumpur, Malaysia Faxes: + 60 3 238 3784 / 298 4172

(Indonesian Authorities)

Commander of the Armed Forces (ABRI) General Wiranto Panglima ABRI Markas Besar ABRI Jl. Medan Merdeka Barat No 13 Jakarta Timur Indonesia Telegrams: General Wiranto, Jakarta, Indonesia Faxes: + 62 21 36 1471 / 37 8144 / 35 6404

COPIES TO (of letters to Malaysian Government only):

Deputy Prime Minister Dato’ Seri Deputy Prime Minister and Minister of Finance Jalan Dato’ Onn 50502 Kuala Lumpur Malaysia Faxes: + 60 3 230 1051 and to diplomatic representatives of Malaysia accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 24 April 1998.