By Datuk Dr Denison Jayasooria
Representatives from Gerakan Mansuhkan ISA visited Suhakam today at 2.30pm and handed over a four page memorandum entitled ‘Stop using the ISA once for all and release all the ISA detainees immediately”. Their presentation was clear and well articulated on the unjustified and indefensible use of the ISA on Raja Petra, Tan Hoon Cheng and Teresa Koh. On behalf of Suhakam I received the memorandum and heard the presentations.
In my opinion no other piece of legislation has drawn so much of public attention, debate and grassroots mobilisation as the Internal Security Act (ISA) in Malaysia. The most recent use has drawn the open criticism of not just opposition politicians, civil society leaders but also all the major party leaders from component parties of the Barisan National namely the MCA, MIC and Gerakan. This is rare on a critical matter which is cutting party lines to what is the new political reality, expectations and directions forward in formulating a greater democratic society in Malaysia. The resignation of a cabinet Minister on this matter further strengthens the argument that use of the ISA did not even receive the support of members of the Abdullah administration.
Suhakam’s stand on the ISA and preventative detentions without trial is very clear. The ISA must be repealed as preventive detentions are a violation of human rights. Therefore in the case of Raja Petra and YB Teresa Koh they should be released immediately or charged in an open court. Holding them under the ISA is unacceptable.
The reason for detention of journalist Tan Hoon Cheng as given by Home Minister is illogical, irrational and violates the reason given by authorities justifying preventive legislations. ISA cannot be used for the protection of an individual. The Police should resort to other forms of protection in the life of the journalistic if she was at risk. The article by Ms Tan entitled ‘My 18 hours under the ISA (Malaysiakini) describing her experience does in no way reveal that she was being protected.
While it is the people’s wish for the release of those recently detained nonetheless the authorities must assure the safety and well being of the detainees. In this context access for lawyers and family members is of utmost importance. As one of the GMI members raised it, is very necessary that YB Teresa must have female Police officials at all times as women detainees have had bad experiences of being stripped as indicated by two GMI representatives.
GMI requested Suhakam to make immediate representation to the Prime Minister, Home Minister and the Inspector General of Police for the release of the detainees. They also suggested that Suhakam must undertake immediate inspection of the detention centres where Raja Petra and YB Teresa are in order to provide an independent assessment of their safety and condition of the detainees.
The GMI representatives urged Suhakam to establish a special committee and facilitate regular dialogues with spouses of ISA detainees. In addition this committee could review all the current ISA cases. They highlighted that over 60 people are currently detained and their families are having a very difficult time. In addition they suggested that there must be a monthly case review of the ISA detainees who are at Kamunting.
As Malaysia seeks to be a developed nation by 2020 we must review our understanding of democratic values and principles. We must be more tolerant of different ideas and views. We need to be open in our discussions. We must reason out our views and seek to understand the views of others. We must agree to disagree with grace, understanding and respect.
We must foster a democratic society where human rights’ promotion and protection is the foundation. This is what a majority of Malaysians are aspiring for today and therefore we strive hard to restore justice and fairness for all.
Representatives from Gerakan Mansuhkan ISA visited Suhakam today at 2.30pm and handed over a four page memorandum entitled ‘Stop using the ISA once for all and release all the ISA detainees immediately”. Their presentation was clear and well articulated on the unjustified and indefensible use of the ISA on Raja Petra, Tan Hoon Cheng and Teresa Koh. On behalf of Suhakam I received the memorandum and heard the presentations.
In my opinion no other piece of legislation has drawn so much of public attention, debate and grassroots mobilisation as the Internal Security Act (ISA) in Malaysia. The most recent use has drawn the open criticism of not just opposition politicians, civil society leaders but also all the major party leaders from component parties of the Barisan National namely the MCA, MIC and Gerakan. This is rare on a critical matter which is cutting party lines to what is the new political reality, expectations and directions forward in formulating a greater democratic society in Malaysia. The resignation of a cabinet Minister on this matter further strengthens the argument that use of the ISA did not even receive the support of members of the Abdullah administration.
Suhakam’s stand on the ISA and preventative detentions without trial is very clear. The ISA must be repealed as preventive detentions are a violation of human rights. Therefore in the case of Raja Petra and YB Teresa Koh they should be released immediately or charged in an open court. Holding them under the ISA is unacceptable.
The reason for detention of journalist Tan Hoon Cheng as given by Home Minister is illogical, irrational and violates the reason given by authorities justifying preventive legislations. ISA cannot be used for the protection of an individual. The Police should resort to other forms of protection in the life of the journalistic if she was at risk. The article by Ms Tan entitled ‘My 18 hours under the ISA (Malaysiakini) describing her experience does in no way reveal that she was being protected.
While it is the people’s wish for the release of those recently detained nonetheless the authorities must assure the safety and well being of the detainees. In this context access for lawyers and family members is of utmost importance. As one of the GMI members raised it, is very necessary that YB Teresa must have female Police officials at all times as women detainees have had bad experiences of being stripped as indicated by two GMI representatives.
GMI requested Suhakam to make immediate representation to the Prime Minister, Home Minister and the Inspector General of Police for the release of the detainees. They also suggested that Suhakam must undertake immediate inspection of the detention centres where Raja Petra and YB Teresa are in order to provide an independent assessment of their safety and condition of the detainees.
The GMI representatives urged Suhakam to establish a special committee and facilitate regular dialogues with spouses of ISA detainees. In addition this committee could review all the current ISA cases. They highlighted that over 60 people are currently detained and their families are having a very difficult time. In addition they suggested that there must be a monthly case review of the ISA detainees who are at Kamunting.
As Malaysia seeks to be a developed nation by 2020 we must review our understanding of democratic values and principles. We must be more tolerant of different ideas and views. We need to be open in our discussions. We must reason out our views and seek to understand the views of others. We must agree to disagree with grace, understanding and respect.
We must foster a democratic society where human rights’ promotion and protection is the foundation. This is what a majority of Malaysians are aspiring for today and therefore we strive hard to restore justice and fairness for all.
September 15, 2008
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