Detention order aimed to 'frustrate' RPK's freedom bid

The Abolish ISA Movement (GMI) condemned the government's decision to detain popular blogger Raja Petra Kamaruddin for two years under the Internal Security Act as the court was about to hear his bid for freedom.

"We believe the invoking of section 8 of the ISA for a two-year detention period subsequent to eight days of detention [from a maximum of 60 days under Section 73(1)] is to avert from the habeas corpus hearing of Raja Petra scheduled today," said GMI chairperson Syed Ibrahim Syed Noh in a statement.

"This is an old tactic used in many cases before so that the habeas corpus will be deemed as academic since the detainee has been detained under a different section of the law.

"The police may also be apprehensive to habeas corpus because the decision to detain a person under Section 73(1) must be assessed and scrutinised objectively. This is based on a judgement made by the Federal Court on Sept 6, 2002 during habeas corpus appeal of five reformasi activists."

A writ of habeas corpus orders the authorities to produce detainees before a judge to determine whether the government has the right to continue holding them.

'Gross travesty of justice'

Syed Ibrahim added that the two-year detention without trial is a further "gross travesty of justice".

"Raja Petra has been denied the basic human rights as enshrined in the Universal Declaration on Human Rights, namely the right to trial, the right to defend oneself in an open and independent court, the right to legal counsel and the right to be presumed innocent before proven guilty,"

He added that the government's allegation against Raja Petra that he had created racial and religious tension was yet to be substantiated by the police and proven in court.

"We are very much doubtful that these allegations would withstand the test of an open and independent court trial," he said.

Raja Petra, the webmaster of Malaysia Today , was detained without trial initially on Sept 12 under Section 73(1) of the ISA, which allowed the police to detain a person deemed to be prejudicial to national security for a maximum 60 days without trial.

However yesterday Home Minister Syed Hamid Albar signed an order for the blogger to be detained for two years in Kamunting, Taiping.

The order came just as Raja Petra's habeas corpus was about to be heard this morning at the Kuala Lumpur High Court. The matter will be continued for submissions on Oct 28.

Syed Ibrahim further said that Raja Petra's detention was "clearly politically motivated to silence critics and dissenting views from the government".

He added that Raja Petra has been very vocal in exposing corruption and abuse of powers in the government.

"Is this why the government is now resorting to detain Raja Petra without trial under the ISA to stop him once and for all and to prevent him from producing evidences in an open court of the abuses of the government?" he asked.

The struggle will continue

Meanwhile, social reform group Aliran also criticised the move of the government to detain Raja Petra.

"The home minister cannot justify his action neither can he convince the public at large that he had acted in the interest of the nation," said Aliran president P Ramakrishnan.

"It is a political decision to put away a brave and committed Malaysian into oblivion so that the Barisan Nasional will not be ridiculed by Raja Petra's wit and wisdom on a daily basis.

"He had bombarded them relentlessly exposing their lack of logic and utter incompetence. This is what they want to stop. This is what they want to prevent desperately," he added.

Ramakrishnan said that Raja Petra was not a security threat but was in fact a patriot and a decent human being.

"The struggle to free him will continue no matter how long it takes, whatever it takes."

Bar says detention is puzzling

Meanwhile, the Malaysian Bar also expressed its dismay with the detention of Raja Petra.

"The issue of the order on the eve of his habeas corpus application is troubling, as it undermines the application," said Bar president Ambiga Sreenevasan in a statement today.

She added that Raja Petra was being detained for writing articles which have long been in the public domain.

"Police reports have been lodged against him by various parties. If offences have been committed, he can be charged in court for them as he has in the past," she added.

She said that the ISA was being used against Raja Petra when there were "other avenues that afford him a chance to defend himself exist".

"It confirms the impression that the ISA is being used for purposes other than national security. It is being used to stifle dissent."

"Raja Petra's continued detention is therefore puzzling," she said.