FAC News - Friday, November 30, 2001 7:34 AM

Malaysiakini - Thursday November 29

Permit ISA detainees ‘within sight but out of hearing’ access to lawyers: Suhakam
Leong Kar Yen

9:14pm, Thu: The Human Rights Commission (Suhakam) today recommended that Internal Security Act detainees be allowed to consult their lawyers "within sight but out of hearing" of prison officers.

Suhakam said this in a report, compiled after a visit to the Kamunting Detention Centre in Perak on July 3.

The visit headed by Commissioners Prof Hamdan Adnan, Simon Sipaun and secretariat staff Ahmad Hashim and Raja Nor Azwa Raja Alang Petra, was prompted by complaints from the families of several opposition leaders and reformasi activists who are undergoing a two-year detention there.

The detainees - Mohd Ezam Mohd Nor, Tian Chua , Saari Sungib, Dr Badrul Amin Bahron, Lokman Nor Adam and Hishamuddin Rais - were arrested in April for their alleged involvement in a militant attempt to overthrow the government.

However, Badrul was released on Nov 3 by the Review Board.

Documents vetted

The nine-page report which was sent to the Home Ministry and other departments six weeks ago, also said that documents between lawyer and detainee were being vetted by prison officers.

"Rules under ISA pertaining to presence of officers during meetings cannot override the right of the detainee to unhindered access to their lawyer," said Suhakam.

The commission also called for reformasi leaders not be separated from one another and be given counselling.

Currently, Tian Chua and Hishamuddin are placed together while Ezam, Saari and Lokman are grouped together in a different place.

Suhakam also recommended that there should be no screen or partition to separate detainees from their visitors.

"Several reformasi activists and their families are unhappy that they are unable to mingle and interact freely during visits," the report stated.

However, prison officers have defended their actions saying that the restrictive measures were necessary to upkeep peace and security.

Hidden claws

According to the report, the five detainees claimed they could still feel the influence of the police in Kamunting though it falls under the jurisdiction of the Prisons Department.

"Despite the earlier detention of the police being over, one detainee said that their (the police) ‘hidden claws’ are still felt.

"Another detainee has the impression that the prison officers in Kamunting are not given a free hand to carry out their duties and are being directed by higher authorities," the report stated.

The number of ISA detainees has risen since Suhakam’s visit in July. Recently, Commissioner Hamdan said the total number of ISA detainees now stood at 78 from the original 69.

Among the new detainees, eight were held for counterfeiting, three for arms smuggling, three for involvement in the Free Aceh Movement (a separatist movement in Sumatera), 15 for involvement in the Al-Ma’unah cult, three for involvement in an international terrorist movement, seven for document falsification, 21 for bringing in illegal immigrants, five for reformasi activities and 13 for involvement in the Malaysian Mujahideen Group (KMM).