The Committee refers to The New Sunday Times’ report on 6 July 2008 entitled “Hindraf 5 to remain in detention”.
We are glad that the Home Minister has finally conceded that the Government is unwilling to prosecute detainees held under the Internal Security Act (ISA). This admission however makes a mockery of our judicial process and Malaysia’s criminal laws, in particular, the Penal Code which contains new provisions to combat terrorism. We question the need to enact these laws when the Government will not resort to the same. Suffice to say, there are adequate laws to prosecute threats to national security and public order without having to invoke the ISA.
We further denounce any attempts to “rehabilitate” detainees held without trial. The Government, as a member of the United Nations, is surely appraised of article 95 of the United Nation’s Standard Minimum Rules for the Treatment of Prisoners (1955) which reads as follows:
Without prejudice to the provisions of article 9 of the International Covenant on Civil and Political Rights, persons arrested or imprisoned without charge shall be accorded the same protection as that accorded under part I and part II, section C. Relevant provisions of part II, section A, shall likewise be applicable where their application may be conducive to the benefit of this special group of persons in custody, provided that no measures shall be taken implying that re-education or rehabilitation is in any way appropriate to persons not convicted of any criminal offence. (emphasis ours)
As the Government violates fundamental international human rights principles, the Minister errs when he relies on the recommendations of the Advisory Board that the detainees should continue to be detained as their views “remained unchanged”. It has been well-documented that hearings before the Board are conducted without any adherence to rules of natural justice such as the effective right to be heard and the right to cross-examine the accuser(s). These hearings are a sham, and the Board has the characteristics of a “kangaroo court”.
It appears that every time the Government is faced with strong dissent which threatens its grip on power, the ISA is invoked. The ISA detentions are quite clearly political in nature, disguised as counter-terrorism measures, even while Malaysia continues to pay lip service to the promotion of human rights and fundamental freedoms.
The Committee strongly reiterates the Bar’s call for the release of all ISA detainees, and the repeal of the ISA.
Dated this 13th day of July 2008
Human Rights Committee
Bar Council
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