BAR:- Repeal of ISA is commendable, but provisions in new law that depart from ordinary principles must be reviewed

Press Release

Repeal of ISA is commendable, but provisions in new law that depart from ordinary principles must be reviewed

The Malaysian Bar commends the Honourable Prime Minister for fulfilling the promise he made on 15 September 2011 to abolish the Internal Security Act 1960 (“ISA”).  Since its enactment more than fifty-one years ago, this piece of oppressive legislation enabling preventive detention without trial has been extensively condemned for being a gross violation of human rights, and for the cruel and indiscriminate abuse resulting from its use.

The Malaysian Bar is fully supportive of the Government’s aim to combat terrorism, which represents an extraordinary threat to international and domestic peace and security.  The Government’s counter-terrorism policy and actions must strike a delicate balance between collective security and individual liberties, and be consistent with the rule of law.

In its Memorandum dated 19 July 2010 (“Memorandum”)[1], the Malaysian Bar expressed its view that there is adequate legislation to combat terrorism and, where necessary, the existing legislation could be strengthened alongside improved safeguards and oversight mechanisms.  Nonetheless, the Bar acknowledges that the replacement legislation — the Security Offences (Special Measures) Bill 2012 (“Bill”) — and the amendments to the Penal Code, Evidence Act 1950 and Criminal Procedure Code (“Amendments”) allow for the right to trial, and contain some provisions found in the laws of other jurisdictions[2].  Furthermore, the maximum period of detention of twenty-eight days, after the arrest and detention period of twenty-four hours, is consistent with the Bar’s position in its Memorandum.

Bar Council was invited by the Honourable Attorney General to provide its comments — although within a short period of time prior to this legislation being tabled in Parliament — and two meetings were held to discuss the Bill.  We welcome the open-minded and frank dialogue with the Attorney General’s Chambers, and note that some of our suggestions were accepted.  Whilst we appreciate the Government’s desire for quick action and the hard work of the Attorney General’s Chambers in its study, and drafting, of the Bill and the Amendments, we urge that in future the consultation process be more extensive, and more time be provided for it.

The Bill vests extraordinary and wide-ranging powers in the Government.  The Bar expresses its concerns regarding, inter alia, the following issues[3], which deserve further study and debate.  

 

(a) Preamble — the validity of the Bill is not dependent on the invocation of Article 149 so long as it contains safeguards consistent with fundamental liberties.

(b) Section 3 (Interpretation) — the definition of “security offences” includes an act that is prejudicial to national security or public safety[4].   Such a definition is too wide.  Instead, a more precise, and better, definition can be found in the United Nations Convention for the Suppression of the Financing of Terrorism:

Any act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or abstain from doing an act.

(c) Section 4 (Power of arrest and detention) — the extension of the period of detention for a duration of not more than twenty-eight days should be subject to judicial oversight, instead of by way of decision of a police officer of or above the rank of Superintendent.

(d) Section 6 (Power to intercept communication) — this power should be exercised by a judge, and solicitor-client communications must be protected.

(e) Parts IV (Special Procedures Relating to Sensitive Information) and VII (Evidence) — it is here that the Malaysian Bar has its greatest concerns, and where there are radical departures from the current rules of evidence.  The use of a summary of the evidence (as opposed to the evidence itself) and the lowering of the admissibility threshold will pose a serious impediment to a fair trial.  

In particular, the radical departure from the ordinary rules of evidence may negatively impact on the accused’s right to a fair trial.  Counter-terrorism laws, policies and decisions must not usurp the very rights and freedoms that the terrorists themselves are threating.  

We appreciate the assurance of the Attorney General that there will be continuous study and review of the Bill and the Amendments, and that the Malaysian Bar’s contribution will be welcomed.  

 

Apart from the ISA, the other legislation that now remains for the Honourable Prime Minister to consider amending — to rid our statute books of all arbitrary detention laws — are the Dangerous Drugs (Special Preventive Measures) Act 1985 and Prevention of Crime Act 1959, on the assumption that there will be no re-introduction of the Emergency (Public Order and Prevention of Crime) Ordinance 1969.

 

The Malaysian Bar encourages and supports the Prime Minister to continue on a path of law reform that is consonant with international human rights norms.

 

Lim Chee Wee

President

Malaysian Bar

10 Apr 2012

_________________________________

[1] The Memorandum is accessible here.

[2] One example is the Canadian Anti-Terrorism Act Bill C-36.

[3] The Bar would require some time to prepare and submit a memorandum to address more comprehensively the issues raised by the Bill and Amendments.

[4] The First Schedule of the Bill refers to Chapters VI and VIA of the Penal Code, where section 130B(2) defines “terrorist act”.

Do not use ISA pending abolition - not promise to repeal & then use it 2 months later

September PM says ISA will be repealed - November new arrests under ISA.

They said they are going to repeal the ISA - and pending abolition they should not be using it - but this is Malaysia and we are talking about Barisan Nasional(BN) government and they can say a lot of things ....make promises and then just ignore it. One example is that in September 2009, this government said that the Employment Act will be amended to ensure that all domestic workers will be entitled to one rest day per week - and to date although Bills have been tabled at least 2 times - this promise of rest day for domestic workers is still not there. That is why also I do not believe any of the promises made by the Minister (the BN government) about the proposed amendments - they say they will do this and that ...and at the end of the day will not do..

Now, 13 are being arrested under the ISA - and I am sure that they could have been arrested under the Criminal Procedure Code. Note that in the Penal Code - preparation, incitement, etc to do an offence is also an offence. Thus, so easily can they be arrested, charged and tried. There is no need to use the ISA...

Now, there is another law so very similar to the ISA, i.e. Emergency Public Order and Prevention of Crime Ordinance, a Detention Without Trial law,  which they could so easily use - but why use ISA when the PM already said that this ISA will be repealed? Think about it...

Remember under the detention without trial laws, the police and the government can make any kind of allegation - and the detainee has no way of challenging this in court. So vague allegations can so easily be made - what about a 'White Paper' explaining the arrest and detention under the ISA? This was done before for Ops Lallang - so why not for all usage of DWT laws...

"...Malaysia's Prime Minister Najib Razak opened the door to major political changes in this Southeast Asian nation Thursday by saying the government would abolish a decades-old law that allows for detention without trial and pledging not to hold anybody in custody because of their political beliefs...Instead, the country's draconian Internal Security Act will be replaced by new legislation targeted at detaining terrorists. Mr. Najib also said newspapers and broadcasters would be able to operate indefinitely without renewing their license each year, as is the case now, unless those licenses are revoked...." - Wall Street Journal, 16/9/2011, Malaysian Leader Opens Door for Reforms-Najib Vows to End Harsh Security Law, Political Detentions

Police confirm 13 nabbed under 'to be repealed' ISA

5:03PM Nov 17, 2011

Inspector-general of police Ismail Omar today confirmed news reports that fresh arrests were made under the Internal Security Act 1960, which the government said will be repealed soon.

A total of 13 were taken in under the Act and not 10 or 11 as reported in today's mainstream newspapers, Ismail said in a brief statement.

"Our intelligence reports and investigation detected efforts to revive a militant movement in Sabah," he said.

Ismail added that the 13, consisting of seven Malaysians and six foreigners, were nabbed in an operation from Nov 14 to 16.

"The (individuals) were arrested under Section 73 (1) of the Internal Security Act 1960.

"If not curbed, their actions can threaten and undermine national security," he said.

Militant school teachers?

However, Gerakan Anti-ISA (GMI) in a statement earlier today said its sources claimed that up to 14 people could have been detained.

It listed the names of only 11, including two who appeared to be brothers - Muhd Adnan Umar (a tuition teacher at MJU Centre) and Muhd Abduh Umar (a lorry driver).

Among the others are SMK Kinabutan Islamic studies teacher Mohd Nazri Dollah, SMK Umar-umas teacher Bakar Baba, MJU Tuition Centre teacher Darto Bandu and poultry trader Yusof Saripuddin.

Also on GMI's list are newspaper distributors Faizal Hamma and Joni @ Muadz.

The NGO also said that the next-of-kin were informed a day after the arrests was made. - Malaysiakini, 17/11/2011, Police confirm 13 nabbed under 'to be repealed' ISA

Some responses of civil society:-

AMNESTY INTERNATIONAL
Press Release
17 November 2011

Malaysia: New ISA detentions show U-turn on reform promises

The Malaysian government must halt detentions under the draconian Internal Security Act (ISA), Amnesty International said today, after the authorities said they had used the law to detain 13 people this week.

Police arrested the detainees on 13 and 14 November in Tawau, a town in Sabah in eastern Malaysia. Seven are Malaysian, and the other six are foreign nationals.

The ISA, which allows for indefinite detention without charge or trial, has been used to imprison critics of the government and opposition politicians as well as suspected militants.

The detentions were the first since Prime Minister Najib Razak announced in September that his government would repeal the law and replace it with new security legislation.

“The Malaysian government has made a mockery of its plan to scrap the Internal Security Act by using it to detain people once again,” said Sam Zarifi, Asia Director at Amnesty International.
“Promises to abolish ISA detention are not enough. Prime Minister Najib needs to end it in practice.”


The inspector-general of police, Ismail Omar, today told state news agency Bernama that all 13 detainees are being held under Section 73(1) of the ISA. This provision allows for police to arrest anyone without warrant whom they believe might “act in any manner prejudicial to the security of Malaysia.”


The ISA is also contrary to international human rights standards including the right to be free from arbitrary detention and the rights to due process and a fair trial.

“If the Malaysian police have grounds to suspect these 13 detainees of a legitimate crime, they should charge them or else release them. Locking people up without charge or trial shows flagrant disrespect for the rule of law.”

Press Release : Recent ISA Arrest : Flagrant Hypocrisy of Najib’s Announcement on Malaysia Day

On this year’s Malaysia Day, Prime Minister Najib Razak surprised the nation by announcing that the draconian Internal Security Act 1960 (ISA) will be abolished in the hope of building a nation that “practices functional and inclusive democracy where peace and public order are safeguarded in line with the supremacy of the Constitution, the rule of law and respect for basic human rights”.

The announcement stands in stark contrast to the recent arrest of 11 individuals in Tawau, Sabah who have been accused of terrorism under the ISA despite Prime Minister’s undertaking that the draconian ISA to be abolished.

It is important to be reminded that allegations made against individuals under the ISA remain mere allegations no matter how serious the nature of the said allegations is. These individuals have not been given any opportunity to challenge their detention or the allegations as the ISA allows detention without trial and it denies the basic right of the detainees to be tried in court.

Lawyers For Liberty is appalled to learn the recent arrest under the ISA which clearly manifests flagrant hypocrisy of the announcement made on the historic Malaysia Day by Prime Minister Najib Razak. This recent arrest shows that Najib’s administration continues to commit this legalized injustice despite sitting on the UN Human Rights Council where pledges have been made that Malaysia would uphold the highest standards of human rights before its re-election to the Council in 2010.

The ISA allows detention without trial where the police have the power to arrest a person up to 60 days and the Home Minister may authorize further detention up to 2 years and the period may be further extended indefinitely. This draconian piece of legislation goes against the fundamental principle of the right to trial which has been guaranteed under the Constitution and crystalized in the Universal Declaration of Human Rights.

It is to be noted that there has been a trend to progressively reduce preventive detention powers and the ISA-like anti-terrorism laws do not exist in countries like the UK, Canada and Australia post 9/11.

The UN Working Group on Arbitrary Detention in its report dated 8 February 2011 stated that the ISA is no longer necessary to be in force in Malaysia since the Penal Code has been amended to make terrorism a specific offence.

Lawyers For Liberty condemns the continued use of preventive laws such as the ISA under the pretext of combatting terrorism as it is tantamount to a gross violation of human rights. There are sufficient laws in Malaysia to combat terrorism and it is the duty of the police to carry out effective investigation and intelligence work to fight terrorist activities which can be established under the existing laws and proved in court.

Lawyers For Liberty therefore demands the immediate release of all ISA detainees and the immediate abolition of the draconian ISA.

Lawyers For Liberty

17 November 2011

Immediate Media Release: 17 November 2011

Detention under the ISA: The lies and hypocrisy of the Government Exposed!

Abolish ISA Movement (GMI) and Suara Rakyat Malaysia (SUARAM) condemn the police and the Malaysian government for arresting 11 people from Tawau under the draconian Internal Security Act (ISA). According to our source, the actual number of individuals arrested is most likely 14 persons.

This heinous act is regrettable because it contradicts with the announcement of the Prime Minister of Malaysia on 15 September in respect of the repeal of the ISA. What is the rationale behind the detention? Is the Prime Minister of Malaysia trying to fool the people of Malaysia with his hypocritical attitude? The PM should be ashamed of this arrest!

According to our sources, the allegations against 11 individuals remain unclear and it is believed that they are associated with terrorism. Here are the names of the detained under the ISA on the 14th and 15th day of November 2011 (not official):

No	Name	Occupation
1	Mohd Nazri Bin Dollah	Religious teacher at SMK Kinabutan
2	Yusof Bin Saripuddin	Poultry dealer
3	Muhd Adnan Bin Umar	Teacher at MJU Tuition Centre
4	Muhd Abduh Bin Umar	Lorry driver
5	Adwan	Not Available
6	Faizal Bin Hamma	Newspapers Distributor
7	Joni @ Muadz	Newspapers Distributor
8	Azmi	Not Available
9	Suriadi	Not Available
10	Darto Bin Bandu	Teacher at MJU Tuition Centre
11	Bakar Bin Baba	Teacher at SMK Umas-umas

The arrest was conducted by police officers from the Department of Special Task Force (Operation Counter Terrorism) Bukit Aman headed by DSP Azman bin Omar. Family/next of kin of the individuals arrested were informed a day later that the arrest is under Section 73(1) AKDN 1960 (ISA).[T1] 

Arrest without warrant, without notice or informing spouses and children is too tragic. The conduct of the arrest is comparable to a robbery as the police officers were well-armed and seized several laptops and a sum of cash.

BN Cannot Live Without ISA

The new detentions confirm the doubts among Malaysians with regards to this repeal. Now it is proven that the announcement of the repeal is insincere and merely for Najib's political interests. ISA is a cruel act that allows for detention without trial, which contradicts with fundamental human rights principles.

The UMNO/BN government has indicated that it cannot sustain itself without the ISA. The UMNO/BN-led government requires a political tool to stay in power and create fear among Malaysians. The ongoing use of ISA has given a blow to the BN’s credibility for the next election as it still maintains the habit of cheating people by using the ISA on a confidential basis.

Abolish ISA Now!

We would also like to remind the Prime Minister that over the past few decades, thousands of people were detained without trial under the ISA not for what they did or said, but based on anonymous and often false accusations from third parties. People have been locked up for crimes that were not proven in a court of law and thousands were left to anguish in secret detention cells around the country over an indefinite period of time.

As such, SUARAM and GMI call upon the Prime Minister to abolish the Internal Security Act and release all the detainees while the abolition is pending. We also call upon the government to stop legislating laws which allows detention without trial and to deal the terrorism issues with the existing laws.

Released by

Nalini Elumalai

GMI Secretariat/SUARAM

019 3758912

Syed Ibrahim Syed Noh

Chairman GMI

013 3682067

GERAKAN MANSUHKAN ISA (GMI)

&

SUARA RAKYAT MALAYSIA (SUARAM)

Kenyataan Akhbar: 17 November 2011

Penahanan dibawah ISA: Pembohongan dan Hipokrasi   Kerajaan Terbongkar !

Gerakan Mansuhkan ISA (GMI) dan Suara Rakyat Malaysia (SUARAM) mengutuk tindakan polis dan kerajaan Malaysia kerana menahan 11orang dari Tawau dibawah Akta Keselamatan dalam Negeri (ISA). Angka ini adalah tidak rasmi kerana  ada sumber yang mengatakan angkanya kemungkinan 14 orang.

Tindakan terkutuk ini amat dikesali kerana ianya bercanggah dengan pengumuman Perdana Menteri Malaysia pada 15 September berkenaan dengan pemansuhan ISA. Apakah rasional disebalik penahanan? Adakah Perdana Menteri Malaysia cuba memperdayakan rakyat Malaysia dengan sikap hipokrasi beliau ? PM perlu berasa malu atas penangkapan ini!

Menurut sumber kami, setakat ini tuduhan keatas 11 orang ini masih tidak pasti dan dipercayai kemungkinan mereka dikaitkan dengan keganasan.

Berikut adalah nama-nama yang ditahan dibawah ISA pada 14 dan 15 haribulan November 2011 (Bukan rasmi):

Bil	Senarai Nama	Pekerjaan
1	Mohd Nazri Bin Dollah	Guru Agama SMK Kinabutan
2	Yusof Bin Saripuddin	Peniaga Ayam
3	Muhd Adnan Bin Umar	Guru Pusat Tuisyen MJU
4	Muhd Abduh Bin Umar	Pemandu Lori
5	Adwan
6	Faizal Bin Hamma	Pengedar Akhbar Harian
7	Joni @ Muadz	Pengedar Akhbar Harian
8	Azmi
9	Suriadi
10	Darto Bin Bandu	Guru Pusat Tuisyen MJU
11	Bakar Bin Baba	Guru Smk Umas-Umas

Tangkapan tersebut dilakukan oleh pegawai-pegawai polis dari Jabatan Pasukan Petugas Khas (Operasi Counter Terorism) Bukit Aman diketuai oleh DSP Azman bin Omar. Keluarga / Waris orang yang ditangkap dimaklumkan sehari kemudian yang mereka ditangkap di bawah Seksyen 73 (1) AKDN 1960 (ISA).

Penangkapan tanpa waran, tanpa notis atau dimaklumkan dilakukan di hadapan  isteri dan anak-anak terlalu tragis. Situasi ini dilakukan oleh pihak polis yang lengkap bersenjata dengan cara yang kasar bagai satu rompakan dan dirampas beberapa komputer riba (laptop) dan sejumlah wang tunai.

BN Tidak boleh Hidup Tanpa ISA

Penahanan terbaru ini mengesahkan kesangsian yang terdapat di kalangan rakyat Malaysia berkenaan pemansuhan ini. Kini ianya amat pasti bahawa pengumuman itu hanyalah untuk kepentingan politik Najib dan tidak serius dan jujur dalam memansuhkan akta zalim ini. ISA adalah akta yang zalim dan yang membenarkan penahanan tanpa bicara di mana ianya bercanggah dengan hak asasi manusia.

Kerajaan UMNO/BN memang tidak boleh bertahan tanpa ISA. Kerajaan UMNO/BN ini memerlukan alat politik ini terus berkuasa dan mewujudkan ketakutan di kalangan rakyat Malaysia.Tindakan penggunaan ISA sememangya telah memberikan satu tamparan kepada kerajaan BN dalam pilihan raya akana datang kerana masih menipu rakyat dengan masih menggunakan ISA secara rahsia.

Mansuhkan ISA Sekarang

Kami juga ingin mengingatkan Perdana Menteri bahawa sejak beberapa dekad yang lalu, beribu-ribu orang telah ditahan tanpa bicara di bawah ISA bukan untuk apa yang mereka lakukan atau berkata tetapi berdasarkan tuduhan tanpa bukti  dan sering palsu daripada pihak ketiga. Orang yang telah ditahan bukan untuk jenayah yang mereka lakukan atau dibuktikan di mana-mana mahkamah dan beribu-ribu dibiarkan merana di dalam sel-sel tahanan rahsia di seluruh negara.

Oleh itu, SUARAM dan GMI menyeru Perdana Menteri untuk  mansuhkan ISA dengan segera dan membebaskan semua tahanan. Kami juga menyeru kerajaan untuk menghentikan menggubal undang-undang yang membenarkan penahanan tanpa perbicaraan dan untuk menangani isu-isu keganasan dengan undang-undang  yang sedia ada.

Dikeluarkan oleh,

Nalini Elumalai

GMI Secretariat/SUARAM

019 3758912

Syed Ibrahim Syed Noh

Chairman GMI

013 3682067

MALAYSIA: End Preventative Detention, Investigate Abuses

Malaysia: UN Review Should Challenge Rights Record

End Preventative Detention, Investigate Abuses

February 9, 2009

(Geneva) - United Nations member states should raise concerns about arbitrary and preventive detention and abuses against migrants, refugees, and asylum seekers at the upcoming review of Malaysia's human rights record, Human Rights Watch said today. Malaysia will undergo its first Universal Periodic Review (UPR) on February 11, 2009, at the Human Rights Council in Geneva. Under the process, the rights record of each member state will be reviewed once every four years.

"A long, hard look at Malaysia's performance on fundamental human rights, including its detention practices, is in order," said Elaine Pearson, deputy Asia director at Human Rights Watch. "Countries should call Malaysia to account for failing to address abuses against migrants and refugees, and for its continuing use of preventative detention."

Under Malaysia's draconian Internal Security Act (ISA), anyone deemed to be a threat to national security can be detained indefinitely without charge or trial, violating international due process standards. In its submission for the human rights review, Malaysia characterizes the ISA as "essential to peace, stability, and security" and describes the procedures under which a detained person can challenge the detention.

But Malaysia's reliance on the ISA violates a number of international human rights standards, including the right to be free from arbitrary detention, the rights to due process and to a fair trial, and the rights to freedom of speech and expression. While an advisory board reviews all ISA detentions, its recommendations are not binding. The detainees have no avenues of redress as the courts are not permitted to review a case on its merits. Permitted appeals on procedural grounds routinely fail.

On September 12, 2008, the Malaysian government arrested two journalists and an opposition politician under the ISA. All have since been released. But one of the journalists, Raja Petra Lamarudin, founder and editor of Malaysia Today, Malaysia's most popular website, is now on trial for sedition. In December 2007, five leaders of the Hindu Rights Action Force (Hindraf) were charged under ISA after the organization staged a demonstration to draw attention to education and economic policies that discriminate against Malaysia's Indian population. These five remain in detention.

"Malaysia uses the pretext of national security to invoke the ISA and lock up critics and political opponents indefinitely," Pearson said. "UN member states should challenge Malaysia to repeal the ISA, and either to charge or to free all those currently detained under its provisions."

In its report to the Human Rights Council, Malaysia fails to address the problems faced by migrant workers, but suggests that a Malaysia-Indonesia Memorandum of Understanding provides necessary protection. Human Rights Watch has long documented abuses suffered by domestic workers - physical abuse, unpaid wages, excessively long working hours, and lack of rest days. The memorandum with Indonesia still fails to establish minimum labor protections or to guarantee the rights of domestic workers to hold their own passports, which sometimes are confiscated by employers to maintain control over an employee.

Human Rights Watch said that UN member states should especially raise concerns about Malaysia's failure to address abuses by the People's Voluntary Corps (Ikatan Relawan Rakyat or RELA), the government-backed force that apprehends irregular migrants and provides security for Malaysia's immigration detention centers. In 2008, Human Rights Watch documented a pattern of abuse by members of RELA, including physical assault, intimidation, threats, humiliating treatment, forced entry into living quarters, extortion, and theft perpetrated against migrants, asylum seekers and refugees (http://www.hrw.org/en/news/2009/02/04/universal-periodic-review-malaysia).

One detained migrant told Human Rights Watch how RELA members treated them "like animals" and would punch and kick detainees for no apparent reason. Another migrant described a beating by RELA officers that left him so sore that he could not walk for days. The government consistently denies that abuses by RELA are widespread, and instead of disbanding RELA, wants to upgrade it into a fully-fledged enforcement agency.

Regarding human trafficking, Malaysia's submission to the Human Rights Council points to the state's new anti-trafficking law, shelters for trafficking victims, and awareness campaigns to prevent trafficking. But Malaysia has failed to investigate allegations of collusion between Malaysian immigration officers and trafficking gangs on the Malay-Thai border, dismissing such reports as "wild accusations." In 2008, Burmese migrants told Human Rights Watch of being sold to criminal gangs, who charged those with money to smuggle them back into Malaysia and trafficked those who could not pay.

"RELA officers have beaten, tortured, and extorted money from migrants, but instead of punishing them, the government wants to reward their bad behavior by giving them more powers," said Pearson. "In reviewing Malaysia's record, states should be asking why Malaysia won't conduct impartial investigations into the involvement of RELA and immigration officers in abuses against migrants."

Malaysia has not signed major international human rights treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention Relating to the Status of Refugees and its optional protocol, and the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Malaysian government has repeatedly stated that the Universal Declaration of Human Rights will only be given effect where it is compatible with Malaysia's constitution.

LDP, another BN party, calls for the review of the ISA

Yet another BN party calls for the review of the ISA - and this is good..

Better if they call for the repeal of the ISA and other Detention Without Trial laws as well..

SANDAKAN, Nov 2 (Bernama) -- The Liberal Democratic Party's (LDP) 19th annual congress today passed a resolution calling on the government to review the Internal Security Act (ISA) and New Economic Policy (NEP).

More than 1,000 party delegates at the congress unanimously passed the resolution before the one-day congress was closed by LDP president Datuk Liew Vui Keong.

Liew, who is also Deputy International Trade and Industry Minister, said the LDP strongly urged the government to review the ISA to determine if it was still relevant and if yes, to clearly define the scope of the Act within which it was applicable...

....He said the LDP top leadership would study the resolution and submit it to the Barisan Nasional top leadership and government....

...Earlier when opening the congress, Liew said the ISA was no longer relevant to the present situation in the country as Malaysia no longer faced any communist insurgency as it did before in the 1960's.

"The situation in the country has since changed. While we cannot deny the fact that global terrorism is threatening us and our national security, we must have a comprehensive policy to deal with terrorists as distinct from legitimate political opponents and dissidents," he said. - Bernama.com, 2/11/2008, LDP Congress Calls For Review Of ISA, NEP

PDRM's Media Statement on the ISA arrests - 15/9/2008

In recent weeks, there has been an escalation of racially insensitive, seditious and disparaging acts and remarks by individuals and organisations bringing about a state of unrest and religious tension in the country.

When the police decided to invoke the ISA, the decision was based on intelligence and observation that certain acts by the individuals concerned were detrimental to the calm, peace and harmony of the country.

These acts if not curtailed would cause public disorder and be a threat to national security. An arrest under the ISA is only made when the police strongly believes that certain acts by individual can pose a serious threat to public order and national security.

These are the grounds in which the police based their decision on.

When there are reasonable ground the police will act accordingly under the provisions of Section 73(1) of the ISA. An arrest under the Section provides the police with means to investigate and verify whether the intelligence received can be substantiated.

In the case of the Sin Chew Daily news reporter, she was released as soon as the police had verified the intelligence and found no grounds to detain her further.

In the case of Raja Petra Kamaruddin and Teresa Kok, the police need time to investigate further on their alleged involvement in acts that can be considered as prejudicial to the security of the country.

We have 60 days under the ISA to investigate. As soon as we can establish that we have no firm grounds to substantiate our believes that they pose a threat to national security, we will release those persons.

But at any time within the 60 days, we find that our beliefs are substantiated, we will subject the case to the Minister with the recommendation that the person be detained under the Minister’s order of detention under Section 8(1) of the ISA.

In so far as the investigation is concerned, the police will conduct the investigation professionally and expeditiously, as it would not be in the public interest for the police to act otherwise.

The public are hereby advised not to take matters into their own hands except in accordance to law.

Let the police work within the system and laws of the country. Racial and religious unrest can be triggered over small matters and can escalate into situations that are damaging and irreversible.

We cannot allow the May 13, Kg Medan and Kg Rawa incidents to repeat and destroy the country.

The police will have to take pre-emptive measures in order to prevent the situation from getting out of control.

As such, the public must allow the police to act within the perimeters of the law in this country, including the ISA, which is a swift mechanism for effective action.

The police are continuously monitoring the situation and will not hesitate to take action against anyone who continues inciting racial and religious issues which are detrimental to the calm, peace and harmony of the country.

In the interest of the nation’s peace and harmony, the police will act without fear or favour. The police wish to reiterate and affirm that at the current moment, the situation in this country is calm and under control.

Tan Sri Ismail Omar Deputy Inspector General of Police

Source: Malaysian Bar Website

http://www.malaysianbar.org.my/letters_others/pdrm_s_media_statement_on_the_isa_arrests.html

They gathered to appeal to the King - for the release of ISA detainees

Some have asked as to why they are protesting here ...and protesting there - risking to get arrested. Once or twice, would have been OK but this is really going overboard.

Well, when it comes to the ISA and Detention Without Trial - then REPEATEDLY we must raise the issue until at last the Prime Minister decides to release them who are being detained.

In a criminal case after trial, where the court finds you guilty and sentences you - there is some certainty as to how long you will be imprisoned. How good behaviour will reduce the length of your incarceration -- BUT with the ISA and other Detention Without Trial, there is NO certainty as to how long you will be locked-up. At one time, the Minister can make a 2-year Detention Order, and he can continue making it over and over.

With regard to the HINDRAF 5, it is sad that our Prime Minister Abdullah Ahmad Badawi is not releasing them even after MCA, GERAKAN and MIC, major partners in the BN have asked him to do so. Talk about showing respect to the views of your MAJOR partners in BN.

So on we go - repeatedly calling for the release of the many who are being detained under the ISA and other laws that allow for Detention Without Trial.

Sunday June 15, 2008

Three MPs, three PKR members held at Istana rally

By TEH ENG HOCK

KUALA LUMPUR: Three Members of Parliament were among six people arrested yesterday for participating in a rally in front of Istana Negara.

Kapar MP S. Manikavasagam, Subang MP R. Sivarasa and Ampang MP Zuraida Kamaruddin were arrested at 10.30am for protesting against the detention of Hindu Rights Action Force leaders under the Internal Security Act.

Three other PKR members were also arrested.

Special gifts: Children walking to Istana Negara in Kuala Lumpur with gifts for Tuanku Mizan yesterday.

Brickfields OCPD Asst Comm Wan Abdul Bari Wan Abdul Khalid said all of them were released on bail by 12.45pm.

He said police arrived at about 10am and asked members of the public, including tourists, to vacate the area around Istana Negara’s main gate.

“Everybody left except for a group who refused to leave. We gave them three warnings to disperse. Deputy OCPD (Supt Azri Abd Rahman) spoke to them, and at 10.20am, I gave them five minutes to disperse.

“At 10.25am, they still refused to leave so we arrested them. No force was used, and they also did not resist arrest,” he said.

At 10.35am, ACP Wan Bari said a group of 70 people, including children, alighted buses parked some distance away and walked to Istana Negara, the official residence of Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin.

“Each child was carrying a basket with flowers and a teddy bear and lined with yellow cloth. They left the baskets in front of the palace gate,” he said, adding that they left after they were asked to.

ACP Wan Bari said he could not comment further on investigations as “counter-reports have been made” against him for ordering the arrest of the six, and his comments would prejudice investigations.

The seventy children represented the 70 men currently detained under the ISA at the Kamunting detention centre in Taiping.

They were accompanied by their mothers as well as other family members.

The event was organised by the Hindu Rights Action Force (Hindraf) and joined by members of the Gerakan Mansuhkan ISA.

According to Hindraf national event coordinator Kannan Ramasamy, they gathered to appeal to the King to advise Prime Minister Datuk Seri Abdullah Ahmad Badawi and Home Minister Datuk Seri Syed Hamid Albar to release all the ISA detainees.