While Malaysia celebrated its 51st anniversary of Merdeka (Independence) from Britain in 2008, the Malaysian government continued to arrest and detain individuals without charging them or putting them on trial under the Internal Security Act 1960 (ISA), the legacy of a colonial legislation enacted to combat the communist insurgency in Malaya in the 1940s and 1950s.
The ISA was originally enacted to succeed emergency laws aimed at combating the communist insurgency in the 1940s and 1950s. It was also used against political dissidents, students, and labour activists. Since then, the ISA has been used against those who commit acts deemed to be “prejudicial to the security of Malaysia” or threatening to the “maintenance of essential services” or “economic life.” The government determines which acts fall into these categories and, using a strained interpretation of the legislation, has detained scores of individuals under the ISA in cases that would normally require prosecution.
Under the ISA, detainees are subject to an initial 60-day detention period in special police holding centres, allegedly for the purpose of investigation. No judicial order is required for such detentions. The locations of these holding centres are kept secret, and detainees are transported to and from these centres in blindfolds. Visits by family members are purely discretionary and, contrary to Article 5(3) of the Federal Constitution, detainees are denied access to lawyers. During the initial detention period, detainees are commonly subject to torture and other cruel, inhuman and degrading treatment.
At the end of the 60-day period, the Internal Security Ministry may release a detainee on restrictive orders, or order further detention without trial for a term of two years. The ministry can renew the two-year detentions indefinitely. Detainees may also be released with or without conditions at any time during detention. Conditions can include restrictions on activities, movement, residence, and employment; orders to remain indoors during certain hours; and prohibitions against holding public office or taking part in political activities. Detainees who are issued two-year detention orders are held in the Kamunting Detention Camp (KDC) in Perak.
In recent years, the Malaysian government’s justification of detentions without trial has been highly contradictory. For example, it has criticised the United States government for detaining two Malaysians without trial in the Guantanamo Bay detention camp in 2006, yet continue to invoke such legislation to detain persons without trial in Malaysia. The Prime Minister appeared to be unaware that indefinite detention without trial continues to be used extensively in Malaysia.
Abolish ISA Movement (AIM)
The AIM which is better known in Malaysia as Gerakan Mansuhkan ISA (GMI) is a coalition consisting of 83 organisations made up of non-governmental organisations, political parties, human right bodies, labour unions, women and student movement. It was launched on 30 April 2001 when 10 human rights activists (reformist or reformasi) were detained on unproven charges.
The two main objectives of GMI are to work towards the abolishment of ISA and to demand for the release of all ISA detainees on the premise that no one should be detained without trial.
In order to achieve these objectives, the GMI has launched several campaigns to create public awareness through press statements, exhibitions, demonstrations, forums, intellectual discourses, signature campaigns, publishing of books, distribution of pamphlets etc. Other key elements employed for the publicity of the GMI campaign include lobbying at the national and international level, filing legal proceedings, establishing the Family Support Centre, communicating with the media, fund-raising etc.
What you can do?
1. Please write a protest letter to the Prime Minister of Malaysia to condemn the arrest under the ISA and call for abolishment of the ISA.
2. You may also send postcards to the detainees in detention centre to show to them that we are with them.
3. You may contact the secretariat of AIM to get involve or support any of their activities.
Enalini Elumalai
Suaram
PEOPLE'S POWER
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