I was totally dismayed and frustrated with Suhakam commissioner Harun Hashim's statement pertaining to the ISA 7 case last week - that the students should accept the 'deal' offered by Education Minister Musa Mohamad, who had asked for an apology in return for reinstatement into the universities.

I am also shocked at Harun describing the procedures laid down by the Universities and University Colleges Act (UUCA) 1971 as merely "severe". This is in fact another example of Suhakam's failure to view how the fundamental rights of Malaysians have been grossly violated.

I support the ISA 7 not only because should their right to education should be returned, but also because the action against the students is a systematic violation of student's rights and legitimises the UUCA and other disciplinary procedures.

It is a shame that this issue has been ignored by the commission, despite constant calls by students and human rights advocates for the abolition of the draconian UUCA.

I would like to remind Suhakam of its raison d'etre - to protect and promote human rights in Malaysia, consistent with the Universal Declaration of Human Rights 1948. Suhakam must deal with human rights violations in conformity with international standards.

In this respect, Harun and Suhakam should not endorse the minister's offer to the seven students, but rather support the students' right to be reinstated unconditionally.

First and foremost, the Federal Constitution, as the supreme law of the land, recognises the right to education as a fundamental liberty. In addition, various international declarations and treaties list the right to education as the fundamental right of every human being.

Article 26 of the Universal Declaration Human Rights 1948 states that education should be made equally accessible to all on the basis of merit. This means the right to education should not be revoked or granted in favour of a promise or condition imposed by the authorities and should be free from any form of threat and inducement, too.

Nowhere in the UUCA is there a provision that imposes on students the obligation to apologise or succumb to whatsoever requests by the education ministry, in exchange for education rights to restored.

Truth is, the procedures in the Act are more than "severe" - the act is abusive and arbitrary in its nature and objectives.

For instance, the seven students have been suspended from studies pursuant to Section 15(D) and Section 14 of the UUCA even before they are proven guilty of the charge (of illegal assembly).

This breaches the presumption of innocence, a procedure which is tantamount to the protection of individual rights under criminal law - that everyone is innocent until proven guilty. Thus, it is unacceptable for Harun and Suhakam to call on the students to capitulate to the ministry's demands.

The ISA7's refusal to apologise and instead, to seek a urgent meeting with the minister is a wise decision and must be respected by everyone, including Suhakam. They should not be accused of being stubborn. Their stand reinforces the reality that they have not committed any offence.

I fear that if the ISA 7 surrenders to the "offer", it will set a precedent for the authorities to curtail students' fundamental rights, making them ill-suited for any involvement in society.

To Harun and Suhakam, it would be in the best interests of society for you to review your past performance in protecting and promoting human rights in Malaysia and to reform your role as a commission responsible and answerable to the state of human rights rather than merely play safe.