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September 4,
2003
Tan Sri Abu Talib bin Othman
Chairman
Human Rights Commission Of Malaysia (SUHAKAM)
29th Floor, Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur
Malaysia
Tan Sri,
Re:
Report to SUHAKAM concerning violation of
students’ rights to privacy
DAP Socialist
Youth (DAPSY) wishes to make a report to SUHAKAM concerning the
alleged violation of students’ right to privacy in local
campuses and in particular two specific cases in Universiti
Putra Malaysia’s hostels recently.
On August 22,
2003, online media, Malaysiakini reported that Universiti Putra
Malaysia (UPM) authorities carried out a midnight raid on the
rooms of four women undergraduates and subsequently interrogated
them for allegedly planning “underground activities”. It was
alleged that the incident happened on Thursday, August 14
between 12 midnight and 3 am.
It was said
that the six-member raiding team comprising four men and two
women was led by residential college head Assoc Prof Dr Azali
Mohamed and later the four students were brought to Dr Azali’s
room at about 2am and were “interrogated” by UPM student affairs
department deputy vice-chancellor Prof Dr Abdullah Al-Hadi
Mohamed.
Meanwhile, on
August 25, 2003, Malaysiakini again reported that UPM
authorities carried out another midnight raid at the student
representative council office and the room of women
undergraduates on Saturday, August 23, 2003.
According to
the report, three UPM officials from its undergraduate affairs
department raided the council’s office at about 11 pm when
several council leaders were preparing the official bulletin for
distribution. It was alleged that 2,000 copies of the bulletin
were confiscated.
The report
further revealed that three hours after the raid in the student
council’s office, a raiding team went to the room of Farrah
Fuaddah Puteh at the Kolej Tun Perak hostel of UPM.
DAPSY is
deeply concerned about the alleged events happened in our local
campuses. Allegation of raiding female students’ rooms in the
middle of the night by university authorities is tantamount to
violation of the students’ rights to privacy. In any event, the
authorities should not be granted any policing powers as even
the police need a warrant from the magistrate before they can
raid a house.
The
unwillingness of the Education Minister Tan Sri Musa Mohamad to
order an investigation into the raids is most disappointing and
irresponsible. He was quoted as saying, “It is up to the
university to do whatever it feels appropriate to curb any
untoward incident. We have full confidence in what the
university is doing. But of course the authorities must also be
aware that they should not go beyond the proper procedures (in
taking action)”.
In view of the
inaction of the Education Ministry, DAPSY therefore urges
SUHAKAM:
(i) To
immediately launch an investigation into the alleged midnight
raids and take appropriate action thereafter if found any
impropriety actions by the university authorities.
(ii) To
immediately issue a public statement thereafter stating its
stand that raiding students’ rooms especially at midnight by
university authorities is tantamount to violation of rights to
privacy.
(iii) To
recommend to the Education Ministry to immediately issue a
directive to all public and private universities, colleges and
boarding schools not to carry out any midnight raids on
students’ rooms with immediate effect.
Similar
midnight raids on students’ rooms were also alleged happened in
other public universities’ hostels but was not reported in the
media. Considering that the students might be afraid of
reporting their cases to SUHAKAM individually for the
consequences of being penalized under the University and
Universities Colleges Act (UUCA), DAPSY is bringing this report
to the attention of SUHAKAM to ensure justice not just only for
the affected students but to protect the rights of the entire
students community in Malaysia.
DAPSY also
strongly urges SUHAKAM to closely monitor the processes of
campus elections which is being held today (September 4)
simultaneously in all local universities. There were allegations
of misconduct and tampering of the election procedures by the
students’ affairs department of various public universities and
in the process violated the rights of the students to a free and
fair election to choose their representatives.
SUHAKAM being
an institution to promote and protect human rights in Malaysia
must act to stop any violations and erosions of basic rights in
our institutions of higher learning. We must give a good
exemplary to our younger generations as respects and
appreciation of human rights starting from our schools is utmost
important for Malaysia to march forward to create a fair and
just society.
Thank you.
Yours
faithfully,
Loke Siew Fook
National Secretary
DAP Socialist Youth
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