FAC News - Monday, December 10, 2001 8:52 AM

ISA: License to Torture and Detention Without Trial

Malaysians Demand the Release of all ISA Detainees, Abolish ISA!

Since 1960 when the Internal Security Act (ISA) was enacted, thousands of people including trade unionists, student leaders, labour activists, political activists, religious groups, academicians, NGO activists have been arrested under the ISA. The ISA has been consistently used against people who criticise the government and defend human rights. It has been the most convenient tool for the state to suppress opposition and open debate. The Act is an instrument maintained by the ruling government to control public life and civil society.

Provision under ISA

Section 73(1) of the ISA stipulates "any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe (a) that there are grounds which would justify his detention under section 8; and (b) that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."

Section 8 of the power to order the detention or restriction of persons stipulates that "if the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years."

Detention Without Trial and Torture

The ISA provides for ''preventative detention'' without trial for an indefinite period. The ISA violates fundamental rights and goes against the principles of justice and undermines the rule of law.

The ISA goes against the right of a person to defend himself in an open and fair trial. The person can be incarcerated up to 60 days of interrogation without access to lawyers.

A person detained under the ISA is held incommunicado, with no access to the outside world. Furthermore, family visit for the detainees is at the mercy of the authority in the first 60 days and often request of the family is turned down without any reasons.

Torture goes concurrently with ISA detention. Former detainees have testified to being subjected to physical and psychological torture. This may include one or more of the following inhumane and degrading treatment: physical assault, sleep deprivation, round-the-clock interrogation, solitary confinement, stripped naked, threats of bodily harm to family members, including detainees' children. Prolonged torture and deprivation have led to detainees signing state-manufactured 'confessions' under severe duress.

Latest Detentions Under the ISA

No

Detainees

Police’s reason for arrest

Date of Arrest

Present Status

1

Mohd Ezam Mohd Noor, National Youth Chief of National Justice Party

Planned to overthrow the government, threats to national security of the country

10 April 2001

Sent to the Kamunting Detention Center on a 2 year detention order on 2 June 2001

2

Chua Tian Chang @Tian Chua, Vice President of National Justice Party

Planned to overthrow the government, threats to national security of the country

10 April 2001

Sent to the Kamunting Detention Center on a 2 year detention order on 2 June 2001

3

Saari Sungib, Central Committee Member of National Justice Party

Planned to overthrow the government, threats to national security of the country

10 April 2001

Sent to the Kamunting Detention Center on a 2 year detention order on 2 June 2001

4

Hishamuddin Rais, Film Director, Social Activist and Freelance Columnist

Planned to overthrow the government, threats to national security of the country

10 April 2001

Sent to the Kamunting Detention Center on a 2 year detention order on 2 June 2001

5

Lokman Nor Adam, Youth leader of National Justice Party

Planned to overthrow the government, threats to national security of the country

24 April 2001

Sent to Kamunting Detention Center on a 2 year detention order on 13 June 2001

Action Required

  • Demand for the immediate release of all those detained under ISA.
  • Express gravest concern over their well-being.
  • If those detained have violated any laws, charge them in an open and fair court.
  • Condemn the use of ISA and call for the Government to repeal the ISA immediately.
  • Condemn the abuse and disrespect of the right to assemble peaceably.
  • Call on the Malaysian Human Rights Commission to intervene and restore democracy and human rights.

Please send letters to:

YAB Datuk Abdullah Ahmad Badawi, Minister of Home Affairs and Deputy Prime Minister,
Aras 13, Blok D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan, 65202 Putrajaya, Selangor, Malaysia
Fax: + 60 3 8886 8014
E-mail: tpm@smpke.jpm.my

Yg Bhg Tan Sri Musa Hitam, Chairperson of National Human Rights Commission, 29th. Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur.
Fax- 603-26125620
Tel-603-26125600
email: humanrights@humanrights.com.my

Inspector General of Police, Tan Sri Norian Mai, Headquarters of the Royal Malaysian Police, Bukit Aman, 50560 Kuala Lumpur,
Malaysia
Fax: +603 22731326

Mrs. Mary Robinson, Office of the UN High Commissioner for Human Rights, Palais des Nations, 8-14 avenue de la Paix, CH 1211 Geneve, Switzerland
Fax : (41) 229170213
Email: webadmin.hchr@unog.ch

Please send a copy of your letter to the above authorities to SUARAM at 383, Jalan 5/59, Petaling Garden, 46000 Petaling Jaya, Malaysia, Tel: 603-77843525 Fax: 603-77843526, email: wkpeng@pc.jaring.my, URL: www.suaram.org

 

 
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