FAC News - Monday, February 25, 2002 4:27 PM

THE ISA HABEAS CORPUS APPEAL HEARING - ISA detainees denied counsel

The Internal Security Act (ISA) detainees are being denied counsel as provided for under Article 5.3 of the Malaysian Constitution the Kuala Lumpur Federal Court was told today at the continuation of the Habeas Corpus appeal hearing.

Five ISA detainees - National Justice Party Youth Leader Ezam Mohd Nor, Saari Sungib, Tian Chua, Hishamuddin Rais and Raja Petra Kamarudin – are appealing the High Court’s decision in setting aside their application to get their detention declared illegal.

The detainees were denied access to lawyers, explained Sivarasa Rasiah, one of the counsels acting for the defence. Furthermore, whenever the lawyers meet the detainees in the Kamunting Detention Centre, they are not allowed privacy and the prison guards would always remain within earshot.

Also, whenever the lawyers need to pass the detainees any papers related to their court cases, the guards would first view the documents and copies would be made.

All detainees are guaranteed access to legal counsel under the constitution argued Sivarasa. Parliament itself has signaled this with the enactment of the Suhakam Act 1999, which is aimed at promoting civil rights in Malaysia.

Malaysia is a member of the United Nations and the UN Charter stresses on promoting and protecting human rights said Sivarasa. This is the duty of all nations that are members of the UN, jointly and severally.

While the UN Charter has this as its general objective, Malaysia, however, stipulates it as a specific objective with the enactment of the Suhakam Act, which is aimed at promoting and upholding human rights.

Sivarasa went on to say that this is the international standard that Malaysia should abide to. The ISA, however, denies detainees this basic right as guaranteed by both the UN Charter and the Malaysian Parliament. ISA detainees are denied access to lawyers during their 60 days detention period though this is their constitution right.

"The Constitutional rights of detainees have to be respected," said.