Review ISA to prevent abuse of police power, Suhakam urged

comments     Claudia Theophilus     Published     Updated

The Malaysian Human Rights Commission (Suhakam) should conduct a thorough review of the shortcomings in the Internal Security Act (ISA) to prevent abuse of police power in detaining persons arbitrarily without any legal recourse.

DAP deputy chairperson Karpal Singh said newly-elected Suhakam chairperson Abu Talib Othman should have no problem in reviewing the preventive detention law based on his previous experience as the government's chief prosecutor.

"Having been the attorney-general at a time when the ISA was frequently resorted to, Abu Talib should have no difficulty in identifying the shortcomings in the ISA which must be addressed.

"Of course, the long-term objective, which should not be too far off, should be to have the ISA repealed.

"Detention without trial in peace time is incongruous with the rule of law," said Karpal in a statement today.

Yesterday, the Suhakam chief ticked off top police officers by warning them against using preventive laws as a short-cut in carrying out their tasks when opening a two-day workshop designed to expose the Malaysian police force to human rights and related issues.

Abu Talib, in responding to a query from a senior police officer, said preventive laws should not be used to resolve cases which fail to be prosecuted for want of sufficient evidence or on technical grounds.

Common good

In his statement, Karpal said the Malaysian government should not use the Sept 11 attacks on the US as a reason to perpetuate the ISA.

"Preventive laws are an extreme measure normally resorted to in times of war as during such times individual rights must give way to the common good.

"The US may have reasons to do so, but such laws are primarily aimed at foreign terrorists, and not its citizens," he said.

As an example, Karpal compared the case of the American Taliban who was not subjected to the scourges of preventive laws to the al-Qaeda captives who are incarcerated in Cuba by the US government.

In welcoming Suhakam's position with regard to preventive laws, he said there is no doubt the ISA was never meant to deal with the common criminal.

He described the ISA as a rehash of the Emergency Regulations 1948 enacted by the British at the height of the communist insurgency which had taken many lives and destroyed much property.

Pension off ISA

"Extraordinary measures were warranted then. The communists surrendered in 1989 and their party is now a footnote in our history. The time has come to pension off the ISA."

However, he questioned Abu Talib's use of the word "long term" in getting the ISA repealed saying that there is a lack of a more specific time-frame.

Karpal said presently the rights of ISA detainees were not assured because there was no requirement to produce them before a magistrate, their right to counsel was restricted and their right to habeas corpus , limited.

"The detainee's right to habeas corpus , whether after arrest, during police custody or after a detention order is issued, can only be in contravention of procedural grounds and not on the merits of the grounds on which he/she is detained.

"The courts are prohibited from questioning the subjective satisfaction of the minister in ordering detention," he said of the shortcomings.



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