The Human Rights Commission (Suhakam) in a statement today called on Home Minister Abdullah Ahmad Badawi to review the detention order of the reformasi activists whose detention during the first 60 days under the Internal Security Act was declared by the Federal Court on Sept 6 as unlawful.

Suhakam also called for a review on other detention cases which might fall into the same category.

The statement was issued hours after families of the detainees submitted a memorandum to Suhakam at its office in Kuala Lumpur this afternoon urging for the commission to act in view of the ruling by the highest court of the land.

The Federal Court which heard the habeas corpus application of five detainees ruled on Sept 6 that their initial 60-day detention made under section 73 of the ISA was unlawful and that the police had acted in bad faith in detaining them.

However, the decision did not result in their immediate release as it does not affect the subsequent two-year detention order signed by Abdullah in his capacity as home minister, the court said, adding that to determine the legality of the further detention, a separate habeas corpus application must be filed.

The five Keadilan leaders Tian Chua, Mohd Ezam Mohd Nor and Saari Sungib, malaysiakini columnist-cum-filmmaker Hishamuddin Rais and Free Anwar Campaign director Raja Petra Raja Kamaruddin were detained last year for allegedly plotting to topple the government through militant means a charge which they have denied.

Raja Petra was released before the expiry of the 60-day period while Mohd Ezam is now serving a two-year jail term at the Kajang prison after he was found guilty of breaching the Official Secrets Act last month.

The rest, including two other Keadilan leaders Dr Badrulamin Bahron and Lokman Noor Adam, are being held at the Kamunting Detention Centre in Perak.

Police wrong

Suhakam said the Federal Court had ruled that it is wrong for the police to exercise a power for a collateral or ulterior purpose, other than for the avowed purpose of the arrest.

"The court's decision has served as a firm reminder to the police to exercise greater vigilance in following proper procedure consistent with human rights principles in arresting and detaining persons under ISA.

"Thus, powers of arrest and detention should be exercised in accordance with the rule of law and should be consistent with human rights principles," Suhakam stressed.

The commission revealed that it is currently reviewing ISA provisions on detention without trial and will closely examine complaints, affidavits and reports submitted in relation to purported human rights infringements.

The ISA, enacted in 1960, was initially used to arrest suspected communists and to combat the communist insurgency which ended formally in 1989. Yet since independence, hundreds of political and social activists have been arrested and detained under the Act.

Earlier, around 30 people were at Suhakam to submit the memorandum, led by Saari's wife Aliza Jaffar, Badrulamin's wife Zumrah Husni, and activists from the Abolish ISA movement group including chairperson Zaid Kamaruddin, vice-chairperson Zahir Hassan and secretary S Arutchelvan.

Commissioners Zainah Anwar and KC Vohrah who received the memorandum said Suhakam will take an urgent action to issue a statement today to urge the home minister to review the detention order as well as all ISA cases.

Fresh habeas corpus unlikely

Meanwhile, families of the four detainees who are still being held under the Act are not planning to file a fresh habeas corpus to seek the release of their loved ones, as suggested by the Federal Court.

Aliza told malaysiakini this after submitting the memorandum to Suhakam today.

"We already won [the court case]. What we want to do now is to escalate the pressure on the government and call for an immediate release for them," she said.

However, she added that their final decision on the possibility of a fresh habeas corpus will be depend on the meeting between the detainees and their lawyer, R Sivarasa, in Kamunting tomorrow.

The first 60 days of detention is made under section 73 of the ISA, which empowers the police to arrest those suspected of committing activities prejudicial to national security.

After the expiry of the first 60 days, the police will make recommendations to the home minister who is empowered under section 8(1) of the Act to further detain the suspects for another two years.

Aliza asserted that although the judges said the verdict does not change the home minister's two-year detention order, they had suggested strongly that it was connected to the unlawful detention during the first 60 days.

"If the government does not release the six, it will bring a shame to the country because it is actually detaining those who have been found not guilty by the highest court of the country. It is ridiculous [if this turns out to be the case]," she said.

One-month campaign

Bolstered by the latest development relating to the five reformasi activists, the families and AIM have started a month-long campaign to intensify their struggle to repeal the controversial internal security law.

Yesterday, a police report was lodged against the Inspector-General of Police Norian Mai for providing "false and fabricated" information to Abdullah, which led him to sign the two-year detention order for the five.

Before their Suhakam visit this afternoon, they also submitted a memorandum to Abdullah via Deputy Home Minister Zainal Abidin Zin in the Parliament this morning to call for the release of the detainees.