The Human Rights Commission of Malaysia (Suhakam) called for the repeal of the Internal Security Act and the enactment of a new comprehensive law to redress an imbalanced situation which is "disproportionately weighted in favour of national security".

In its much-awaited review of the act, Suhakam said "history has shown that the law and practice in relation to the ISA have adversely affected the status of human rights in Malaysia".

Suhakam commissioner KC Vohrah ( photo ) said the ISA was to enable the police and the state to deal with the needs of extraordinary times, and the special power provided for by the act must be accounted for.

"But an abnormal practice has over the years become an accepted law," he told a press conference in conjunction with the release of the report at the commission's headquarters in Kuala Lumpur this morning.

"We have reports about people being detained for counterfeiting coins or for collateral purposes to gather intelligence. Is that the way to treat a human being?" he asked.

The ISA was enacted in 1960 to fight communist insurgency. In recent years it has been criticised for violating human rights and silencing dissidents in the country.

As of last June, 113 persons were held under a two-year detention order, with over half of them said by authorities to be members of local and regional Islamic militant groups.

Ready to facilitate

Vohrah, who chairs the commission's law reform working committee, said the 186-page report was not "plucked out of thin air but was based o­n complaints, documents and reports".

The former Court of Appeal judge said the report has been submitted to the Attorney-General's Chambers, the police and the Foreign Ministry, adding that he did not foresee "any obstacles in pushing for legislative changes".

Commissioner Zainah Anwar said Suhakam is ready to facilitate a consultation session between the government and relevant organisations and agencies to adopt recommendations in the report.

In the report, the commission proposes that the government consolidate all laws pertaining to national security, including the ISA, into o­ne statute which "takes a tough stand (on) threats to national security" and yet "conforms (to) international human rights principles".

To achieve this, the new anti-subversion law must spell out the specific offences related to threats to national security.

Provisions in new law

For references o­n the offences, the government can refer to laws in other countries such as the USA Patriot Act 2001 (United States); Terrorism Act 2000 and Anti-Terrorism, Crime and Security Act 2001 (United Kingdom); and Anti-Terrorism Act 2001 (Canada), the report says.

It adds that the list of offences is best prepared by experienced judges and all offences o­n the list must be "triable in the High Court".

To avoid abuse of power, the new law should be o­nly valid for o­ne year, with its renewal thereafter to be determined by the authority of Parliament.

The report also says other provisions under the legislation should reflect the following:

1. Detention for investigation purposes is for a maximum period of 24 hours;

2. Detainees are not allowed bail;

3. Police must ask for a High Court order to extend detention;

4. Detainees must be brought before the judge to obtain the order;

5. A court order can extend the detention by seven days each time; and

6. Total detention time must not be more than 29 days, after which detainees must be charged or released.

Amendments

to ISA

The report says in contrast to the new law, the existing ISA through Sections 8 and 73 has caused grave concerns about infringement of human rights as the two provisions subject citizens and non-citizens to arbitrary detention and degrading treatment in detention.

Section 73 of the ISA states that police can arrest and detain a person who is or may be "prejudicial to the security of Malaysia, the maintenance of essential services or the economic life" for up to 60 days.

Section 8 states that the home minister can make an order for the person to be further detained for a period of two years. The order can be renewed every two years indefinitely.

Suhakam warns in its report that the lack of access to the outside world and detention of persons in undisclosed places may "pose an inherent danger of abuse of power, particularly torture or other cruel, inhuman, degrading treatment during interrogation".

The human rights body therefore recommends in its report that the government take various interim measures including amending the ISA before a new security law is put in place.

Among the proposed amendments are to:

1. Define clearly the detention criteria under the ISA;

2. Reduce detention period from two years to three months;

3. Either charge or release a detainee after the three months period;

4. Allow judicial review of detention orders;

5. Require the Advisory Board to review detention orders within three months of a person's arrest;

6. Require detaining authorities to submit an annual ISA report to Parliament; and

7. Make ISA valid for o­ne year unless renewed by Parliament annually.