Internal Security Act detainees Tian Chua, Dr Badrulamin Baharon, Lokman Noor Adam, Saari Sungib, Hishamuddin Rais and Mohd Ezam Mohd Nor were all opposition leaders and political activists who dared to criticise the Barisan Nasional government.
They were made to 'disappear' into the notorious Kamunting detention Camp in April 2001 but the BN government has not been able to substantiate its ISA charges. They have remained under detention without trial for a year and a half, or 531 days to date.
Home Minister Abdullah Ahmad Badawi signed the two-year detention orders against the six detainees, based on recommendations in police reports made during the first 60-day investigation. The detainees were subjected to physical and mental torture while they were interrogated.
On Sept 6, 2002 the Federal Court of Malaysia ruled that the police's 60-day detention and investigation against five ISA detainees were malicious and unlawful. Now that the highest court of the land has confirmed that the evidence derived from the police report(s) during the first 60 days were flawed, unlawful and in bad faith, the police have therefore misled the home minister and Yang di-Pertuan Agong (in an inquiry in Kamunting made on or about July 2001) in relation to the six reformasi detainees.
The detention orders made by Abdullah against the six were based on the unlawful and mala fide police reports and therefore were also null and void ab initio (have no effect from the beginning).
There were attempts to raise the issue in Parliament. The home minister is aware of all the above facts, but he is still silent on the issue since he came back to Malaysia on Sept 19, 2002.
In view of the above, and as a matter of respect to the rule of law and our Yang di-Pertuan Agong, it is therefore advisable that the following demands be fulfilled without any further delay:
The grave miscarriage of justice done to the detainees is most deplorable and contemptible in the eyes of every right-thinking Malaysian.
The unlawful detention is motivated by political malice, fuelled by perverted interests, concocted by the corrupt officers, fabricated with oppressive intent, aided and abetted by manipulative masters, and acquiesced by the home ministry.
A purely political persecution clothed with the pretext of being a threat to national security was finally declared by our Court of Justice to be unlawful and malicious.
To this end, it should be the ultimate goal of every right-thinking Malaysian and others that justice must not only be done but must be seen to be done to those who have been unfairly oppressed and deprived of their rights and liberty.
The Malaysian Parliament in session must not be seen to be devoid of its conscience and authority by doing nothing when those oppressed individuals in detention without trial have been vindicated by the judiciary.
The world is watching closely and the Malaysian Parliament will be confirmed as merely a "rubber stamp" if the legislature (Parliament) does not respond to the findings of the judiciary (Federal Court) by ordering its executives (ministers and police) to rectify and abate the grave miscarriage of justice done to the detainees under the notorious ISA.
The voice of reason and natural justice must prevail, and the culprits that deprave our system must be apprehended and made accountable. If the BN government is sincere in trying to set up precedents for clean and accountable governmental practice, then the home minister must start by being brave enough to acknowledge the mistakes of his own department and take ministerial responsibility.
Any decent and honourable home minister would immediately rectify this great injustice. Do the right thing, Pak Lah, before it is too late.
Release the six ISA detainees at once.
