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New laws to replace ISA must uphold human rights

In response to the Prime Minister's suggestion that the Internal Security Act be replaced with two new laws, I urge him to disclose more details as to the breadth and depth of the new laws.

This is required not just to dispel any suspicion that the two new laws will replicate the draconian functions of the ISA, but also by making the drafting of these new laws an open and transparent process, show that he is sincere in democratic reform.

DAP, Pakatan Rakyat, along with human rights advocates have been strongly against the ISA because it is a political tool used to silence dissent.

Over many years the ISA and other legislations that allow for detention without trial have been used to detain opposition politicians including elected MPs, dissident academics, social activists, and even journalists reporting facts.

These people have never, at any point in their lives, posed any threat to the security of this nation. Yet, their freedom was taken away for years.

I hope that any new law that is being drafted must remove the arbitrary and absolute powers of the minister in charge.

For a ruling party politician who has vested political interests to hold such powers, effectively making him/her the prosecutor and the judge simultaneously, this goes against the doctrine of separation of powers.

There must be checks and balances in the form of an independent judiciary as well as the Independent Police Complaints and Misconduct Commission (IPCMC).

If the new laws fail to address the problem of unchecked authority, it will be deemed a complete failure in terms of democratic reform.

Detention without trial takes away the right of the accused to defend him/herself. Hurt and suffering is brought not only on detainees but also their families.

In this regard, I urge for any new laws that are to be introduced to take on a human face and uphold basic human rights as accorded under the Universal Declaration of Human Rights.

A person suspected of a crime is not guilty until and unless proven in a court of law.

Najib and his cabinet should spend more time improving the functions of our police and other enforcement agencies and no longer accept the trivial excuse that a lack of evidence necessitates detention without trial.


CHOW KON YEOW is Member of Parliament, Tanjong, a Penang state exco member and state assemblyperson, Padang Kota. He is also Penang DAP State Chairman.

 

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