Malaysia's Internal Security Act (ISA)

Malaysia's Internal Security Act (ISA) is a preventive detention law originally enacted in the early 1960s during a national state of emergency as a temporary measure to fight a communist rebellion. Under Section 73 (1) of the ISA, police may detain any person for up to 60 days, without warrant or trial and without access to legal counsel, on suspicion 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." After 60 days, the Minister of Home Affairs can then extend the period of detention without trial for up to two years, without submitting any evidence for review by the courts, by issuing a detention order, which is renewable indefinitely.

The law has repeatedly been criticized by Malaysian human rights groups, the Malaysian Bar Council, the Malaysian Human Rights Commission, and international human rights groups, which called for its repeal. The ISA's provisions violate fundamental international human rights standards, including prohibitions on arbitrary detention and guarantees of the right to due process and the right to a prompt and impartial trial.

The U.S. State Department's Country Report on Human Rights Practices issued on March 4, 2002, was highly critical of Malaysia's continued use of the ISA and noted that last year, "police increased their use of the ISA to arrest and detain many persons, including members of the political opposition, without charge or trial….In the latter half of the year, the Government stepped up its pro-ISA rhetoric."

Prime Minister Mahathir Mohamed has vigorously defended the use of the ISA, saying it has been useful in fighting insurgent groups threatening national security.
In November 2000, the ruling coalition suffered a by-election defeat in Mahathir's home district in Kedah state and the government faced increasingly vocal opposition protests.

Not for the first time, it used the ISA against its political opponents. Among those targeted under the ISA were minority Shi'a Muslims, supporters of jailed former Deputy Prime Minister Anwar Ibrahim, and youth leaders in the opposition Pan Malaysian Islamic Party (PAS, Partai Islam Se-Malaysia), although individuals linked to specific violent acts were also among those detained.
Background on Use of the ISA
The Act provides for arbitrary arrest and detention without trial for an indefinite period based on mere suspicion that one "may be likely" to commit an act deemed dangerous to national security. A detainee is, therefore, presumed guilty without trial. It further allows a detainee to be held under solitary confinement for 60 days without legal counsel.

When the Act was first adopted, it did allow for judicial review, but since then, the ISA has been amended over 20 times, and this provision has been removed. Absolute power is given to the Minister of Home Affairs to arbitrarily detain anyone, without reference to the courts.

In addition to provisions for arrest, the ISA allows for restrictions on freedom of assembly, association, and expression, freedom of movement, residence and employment. It also allows for the closing of schools and educational institutions if they are used as a meeting place for an unlawful organization or for any other reason are deemed detrimental to the interests of Malaysia or the public.

Over the years, the Malaysian government has consistently used the Act for its own political purposes to detain thousands of citizens, including political opposition leaders, academicians, trade unionists, religious, social, environmental, and women's rights activists.

The ISA was used to arrest political opponents of Mahathir in a major crackdown in 1987-88, as well as politicians in Sabah, east Malaysia, in 1990, whose party was considered a major rival to the ruling party, UMNO. In November 1997, ten people were arrested under the ISA for allegedly spreading Shiite teachings deemed detrimental to national security; Muslims in Malaysia are Sunnis.

The ISA was used in 1998 to arrest Deputy Prime Minister Anwar Ibrahim and six of his political supporters. Anwar was the primary leader of opposition to Mahathir, and is currently serving a 15-year sentence following convictions in 1999 and 2000 in politically motivated trials for sodomy and corruption and abuse of power.

Former ISA detainees have testified to being subjected to severe physical and psychological torture, including allegations of physical assault, forced nudity, sleep deprivation, around-the-clock interrogation, death threats, threats of bodily harm to family members, including threats of rape and bodily harm to their children.

Detainees are often kept in solitary confinement in tiny, dark cells. Prolonged torture and deprivation have led to some to sign state-manufactured "confessions" under severe duress. During the first trial of former Deputy Prime Minister Anwar Ibrahim, police admitted to the courts that the process of 'extracting confessions' under duress was standard practice. Currently, there are 105 ISA detainees being held in Kamunting prison camp.

Restrictions on the press and academic freedoms
In addition to the ISA detentions, the Mahathir government has suppressed peaceful political opposition by restricting media and academic freedoms.

Malaysia's ruling National Front coalition (Barisan Nasional), led by Prime Minister Mahathir, sought to broaden already tight controls on the press through what the US-based Committee for the Protection of Journalists called "coercion, ownership changes, verbal bullying, and backroom personnel moves." The Printing Presses and Publications Act presently requires all publications to obtain an annual press license to operate, which can be withdrawn without judicial review. A special office in the Home Affairs Ministry censors all foreign publications and has repeatedly delayed publications deemed critical of the government.

The government asserts control through its ownership of virtually all major media, either through the ruling National Front parties or Mahathir's allies. In May, the Malaysian Chinese Association (MCA), a senior partner in the ruling National Front coalition, bought out and dismissed the senior editorial staff of the two major Chinese-language dailies, Nanyang Press and Nanyang Siang Pau, effectively bringing the nation's most independent papers under government control. The takeover left only one independent Chinese daily, Sin Chew Jit Po.

The Internet, which the government had pledged to spare from censorship, has also begun to come under government pressure.

Civil servants are required to take an oath of loyalty to king, country and government. Academics and undergraduate students are also required to take the pledge. The pledge, Akujanji (I Pledge), is an oath of good conduct and requires signatories to heed all existing and future government directives and orders. An explanatory note in a circular on the pledge reads: "An officer who goes against or criticizes a government policy will undermine the integrity and stability of the civil service as a whole."