Model Complaint Form
For communications under:
• Optional Protocol to the International Covenant on Civil and Political Rights
• Convention against Torture, or
• International Convention on the Elimination of Racial Discrimination
Please indicate which of the above procedures you are invoking: Procedure 1
Date: 9 July 2011
I. Information on the complainant:
Name: xx First name(s): xx
Nationality: Malaysian Date and place of birth: xx
Address for correspondence on this complaint:
Submitting the communication:
on the author’s own behalf: ……√…..
on behalf of another person: ………..
II. State concerned/Articles violated
Name of the State that is either a party to the Optional Protocol (in the case of a complaint to the Human Rights Committee) or has made the relevant declaration (in the case of complaints to the Committee against Torture or the Committee on the Elimination of Racial Discrimination): Malaysia
Articles of the Covenant or Convention alleged to have been violated:
Articles 5, 8, 9, 12, 13, 19 and 20.
III. Exhaustion of domestic remedies/Application to other international procedures
Steps taken by or on behalf of the alleged victims to obtain redress within the State concerned for the alleged violation – detail which procedures have been pursued, including recourse to the courts and other public authorities, which claims you have made, at which times, and with which outcomes: an audience was made with the Duli Yang Maha Mulia Seri Paduka Baginda yang DiPertuan Agong, effectively the King of Malaysia. Of whom has proposed a Stadium Merdeka as a premise for the BERSIH 2.0 electoral reform rally.
If you have not exhausted these remedies on the basis that their application would be unduly
prolonged, that they would not be effective, that they are not available to you, or for any other reason, please explain your reasons in detail: Article 10 under the Malaysian Constitution guarantees freedom of Assembly. However, authorities have misinterpreted and qualified this right through the use of ultra-vires and outdated counter-insurgency legislation by detaining opposition leaders to the extent of wearing yellow t-shirts are deemed as illegal.
Have you submitted the same matter for examination under another procedure of international investigation or settlement (e.g. the Inter-American Commission on Human Rights, the European Court of Human Rights, or the African Commission on Human and Peoples’ Rights)? ……No………
If so, detail which procedure(s) have been, or are being, pursued, which claims you have made, at which times, and with which outcomes: …………………………
IV. Facts of the complaint
Detail, in chronological order, the facts and circumstances of the alleged violations. Include all matters which may be relevant to the assessment and consideration of your particular case. Please explain how you consider that the facts and circumstances described violate your rights.
My case is as follows:
1. The detention of more than 100 citizens for promoting the electoral reform rally and the charge of ‘waging war against the King’. Lawyers and family were denied six (6) times to meet the detainees. Upon being charged, the detainees (including a member of Malaysia’s Parliament) were detained without the need for trial under an Emergency Ordinance, which were originally intended for communist insurgency purposes.
2. Complete lockdown of the capital of Malaysia, Kuala Lumpur by road-blocks and incessant questioning of drivers and passengers who, for whatever reason, has a tinge of yellow (for yellow is the official colour of the electoral rally)
3. Barrage of attacks (including DDOS) to independent online media (especially MalaysiaKini) besides slander being issued on television and online stating that public demonstrations are a waste of time, a danger to national security and economic loss.
4. Arrests of citizens wearing yellow shirts, shoes and other clothing for fear of promoting the electoral reform rally dubbed BERSIH 2.0.
5. The Prime Minister Mr. Najib Razak has offered a stadium in lieu of street demonstrations. Malaysia’s King offered to mediate and also proposed the stadium which was met with agreement by BERSIH 2.0 organisers. However, the offer turned sour. Najib Razak suddenly went to Europe and the offer was left hanging. The stadium later refused to grant the rally, the Police Chief refused to allow a permit and everything turned haywire.
6. Other reasons could be obtained online.
Author’s signature: …………
[The blanks under the various sections of this model communication simply indicate where your responses are required. You should take as much space as you need to set out your responses.]
V. Checklist of supporting documentation (copies, not originals, to be enclosed with your
complaint):
- Written authorization to act (if you are bringing the complaint on behalf of another person and are
not otherwise justifying the absence of specific authorization): ……..
- Decisions of domestic courts and authorities on your claim (a copy of the relevant national
legislation is also helpful): ……..
- Complaints to and decisions by any other procedure of international investigation or settlement:
……..
- Any documentation or other corroborating evidence you possess that substantiates your
description in Part IV of the facts of your claim and/or your argument that the facts described amount to a violation of your rights: Malaysia’s online media is sufficient.
If you do not enclose this information and it needs to be sought specifically from you, or if accompanying documentation is not provided in the working languages of the Secretariat, the consideration of your complaint may be delayed.
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