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Those days, if you imprisoned anyone without trial, the whole world led by the state secretary of the US, would be up in arms protesting vehemently against these ISA-type laws.

These days, now that the US themselves have started doing it (albeit only to foreign citizens), it has become somewhat fashionable with everyone implementing the same type of legislation.

That is why in a country known for its straightjacket politicians and conservative judges who normally don't give a toss for foreign welfare, the 8-1 majority decision ruling by the British House of Lords is rather inspiring.

To quote a report form The Guardian: 'The ruling by an 8-1 majority held that the indefinite detention without trial at the Belmarsh and Woodhill high security prisons was unlawful under the European Convention on Human Rights (ECHR). Constitutional lawyers called it one of the most important decisions from Britain's highest court in 50 years.'

Although many of us seem to think the ISA is only applicable to terrorists (what or who are they?), the Malaysian lesson has indeed shown that it can be used to suppress and contain normal and democratically instituted opposition under the guise of national security.

In fact, in Malaysia, it is extended to counterfeiters as well as those who write opinions different from those of the powers-that-be.

I don't think terrorists deserve any leniency but they must be subject to the same law as the rest of us. If we start differentiating, then one day we may also find ourselves in a position where there are different laws for the rich and poor, powerful and weak .

Criminal laws are adequate to contain subversive elements. It is the incompetence and lackadaisical attitude of the prosecuting authority that allow criminals to get away easily. We need better-qualified and intelligent ones manning our system, not those who merely find a job to pay their bills.

By applying unjust law against criminals and terrorists, we are just playing into their game. We lose as we sacrifice what we should cherish most - our sense of justice and fair play. But apparently this is no longer important.

It is quite sad really that Malaysians can no longer appeal to the Britain's Privy Council and I'm sure many under ISA and EO (Emergency Ordinance) detainees at the Simpang Renggam and Kamunting camps will agree.

To the judges of the House of Lords, you have reaffirmed that no matter what, we should not lower our standards under any circumstances. The Law Lords have ruled with their brain and heart and the question now is whether other judges around the world, including at our own Federal Court, will do the same.


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