|
FAC News - Tuesday, February 26, 2002 3:50 PM THE ISA HABEAS CORPUS APPEAL HEARING – Day 2 – ISA detainees need not be told why they are arrested The prosecution said that Internal Security Act (ISA) detainees need not be told the reason of their arrest. The prosecution was replying to the defence counsel’s argument that the five National Justice Party leaders and Reformasi activists arrested over various dates in April 2001 were never informed of the reason for their arrest. There is no requirement to disclose the reason for their arrest, explained the prosecution. An arrest under the ISA is made on the basis that the Minister has reason to believe the detainee has acted or will act in a manner prejudicial to the security of the nation. The prosecution argued that no evidence is required other than mere suspicion that the detainee may act or has acted prejudicial to the security of the nation and the onus is on the detainee to prove otherwise. The arresting officer need not tell the detainees the grounds of their arrest the Kuala Lumpur Federal Court was told today at the second day of the Habeas Corpus appeal. The detainees just need to be told that they are being arrested because they have acted in a manner prejudicial to the security of the nation. A person can be arrested under the ISA if he or she:
It’s nobody’s fault that we have such as law, argued the prosecution, but this is how the law works. When a person is arrested under the ISA they need not be told in what manner they have acted or will act prejudicial to the security of the nation. Sometimes when detainees are arrested under the ISA they may not have committed any crime yet. However, there may be a suspicion that they may, in future, commit a crime. The purpose of the arrest then would be to interrogate them and establish what they intend to do in future and whether this act would be prejudicial to the security of the nation.
|
|
Back |