Envoy clarifies Australian ministers remarks on ISA

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The Australian High Commissioner to Malaysia Peter Varghese clarified that Australian Defence Minister Senator Robert Hill's recent remarks on the Internal Security Act (ISA) was "not quite as some headlines had reported".

Describing the headlines as "simplistic", he explained that they did not tally with the full transcript.

"What Senator Hill said was since the Sept 11 attacks, a lot of countries have to grapple with the issue of how to introduce effective legislation to combat terrorism and at the same time uphold fundamental principles of rule of law and natural justice in due process," he said.

Varghese said this in an exclusive interview with malaysiakini at his office in Kuala Lumpur yesterday.

Balance important

The envoy said ensuring a balance between collective security and individual freedoms is important as the fight against terrorism is synonymous with the fight in support of an open society.

"From Australia's point of view, we think it is possible to do both to have effective legislation to combat terrorism without jeopardising the basic principles of rule of law, natural justice and human right," he added.

During a visit to Kuala Lumpur on May 30, Hill was reported by the local media as saying he approved the government's use of the ISA, which allows for indefinite detention without trial, if the law is not used to curb civil liberties.

However, Varghese refused to comment on the ISA, saying the law is a matter for the Malaysian government and its people to decide.

"There is no ready-made answers for these issues. All these have to be decided in accordance with the national political culture of the country," he said.

"It is not for countries like Australia to dictate provisions for legislation in Malaysia, just as we would not welcome other countries telling us what our domestic legislation should involve," he added.

Anti-terror law

The envoy also said Australia is currently drafting its own anti-terrorism legislation to deal with those suspected to be involved in terrorist organisations and their funding.

On preventive detention proposed under this new law, he said the Australian government's proposal for detention up to 48 hours without legal representation has evoked much debate.

"Some people argue that it is an excessive amount of time. People argue for either much less than that or none at all. At the federal level, we do not (currently) have detention without charge," he explained.

Varghese said under the proposed preventive legislation, it is expected that the detention of individuals is still open to challenge in court while those subjected to the law will also be allowed to stand trial.

"The principle of our legal system is that when the director of prosecution believes that there is sufficient evidence for prosecution, then the prosecution goes forth in open court," the diplomat added.


Part I of the full Q&A; is available in the Opinions/Features section today, only to subscribers.



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