Suhakam reiterates its stand against ISA

comments     Yap Mun Ching     Published     Updated

The Human Rights Commission (Suhakam) today said while it recognised that threats to national security may require "critical measures", it hoped for a repeal of the controversial Internal Security Act (ISA) in the "long term".

"Suhakam maintains its position that detention without trial constitutes a human rights violation. Suhakam also recognises the duty of the state to maintain national security and to protect people from violent criminal acts," said Suhakam in a press statement today.

The commission stated that in order to justify preventive detention on national security grounds, judicial safeguards and checks and balances must be in place to prevent abuse of fundamental freedoms and undermine legitimate dissent.

According to the statement, Suhakam has also started a review of the ISA which includes a study of safeguards such as judicial review, access to counsel, incommunicado detention, right to challenge evidence used to justify preventive detention, and a time limit to the period of detention to ensure that the detainee will be freed or charged in court.

Inquiry into ISA 6

In relation to this, the commission confirmed that it will hold an inquiry into the detention of six opposition leaders under the law.

On Wednesday, Suhakam commissioner Prof Mohd Hamdan Adnan said the inquiry will be launched once deputy chairperson Harun Hashim, who is a member of the complaints and inquiries working group, returns to Malaysia from abroad.

In relation to a show-cause letter issued by University Teknologi Malaysia (UTM) officials to students who submitted a memorandum to the commission alleging mismanagement of student council elections last year, Suhakam stressed that no action should be taken against persons who lodge complaints with it.

The students, who were earlier issued show-cause letters, were found guilty in an internal inquiry by the university yesterday and fined RM200 each for violating campus regulations.

The commission said it is still carrying out its own investigations into the matter but did not mention if any actions will be taken to prevent further punishments against the students.

No probe into racial clashes

On the outstanding investigation into the Petaling Jaya Selatan racial clashes in Selangor last year, Suhakam said it had suspended its investigations in view of a court case brought against it last month by a victim of the clashes.

"Suhakam will review its next course of action only after the disposal of the case," said the commission.

Last month, a victim of the riots filed a lawsuit against Suhakam seeking RM50 million in damages for failing to initiate an inquiry into the incident.

Meanwhile, the human rights body also said it will organise a workshop on press freedom in response to a memorandum submitted by a group of journalists on May 3 in conjunction with the World Press Freedom Day calling for a repeal of the Printing Presses and Publications Act.

Outstanding issues

"The workshop, will among other things, examine laws and regulations that restrict press freedom, the call for the establishment of an independent press council and the formulation of a Freedom of Information Act," said Suhakam, adding that those participating will include members of the media, government agencies and non-government organisations.

Suhakam's statement came after the new team of commissioners held its first working group meeting on Monday to discuss its plan of action for its two-year term.

Several other outstanding issues include the police action taken against several individuals participating in a May Day march in Kuala Lumpur and the result of its inquiry into the Sarawak Native Customary Rights issue concerning land rights of Orang Asli communities.



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