The reformasi activists detained under the Internal Security Act since last year confirmed today that they will not be filing a fresh habeas corpus seeking their release.

Abolish ISA Movement (AIM) vice-chairperson Zahir Hassan said the decision was conveyed yesterday to their lawyer R Sivarasa at the Kamunting Detention Centre in Perak where they are being held.

Sivarasa who is in Kelantan, was not available for comment.

On Tuesday, malaysiakini reported that the detainees' families are unlikely to file a new application of habeas corpus as they believe the Federal Court ruling that the initial detention was unlawful, is reason enough to release them.

The highest court of the land which heard the habeas corpus application of five reformasi detainees, ruled on Sept 6 that their first 60 days detention under section 73 of the ISA was unlawful and that the police has acted in bad faith in detaining them.

The five are 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.

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 for breaching the Official Secrets Act.

However, despite the recent ruling allowing their appeal, the remaining three detainees were not released as the court said the decision does not affect the subsequent two-year detention order signed by Abdullah Ahmad Badawi in his capacity as the home minister.

The Federal Court said it was up to the detainees to file a fresh habeas corpus application to challenge the two-year detention issued under section 8(1) of the ISA.

The five were detained last year for allegedly plotting to topple the government through militant means a charge which they deny.

Chua, Saari and Hishamuddin are being held at Kamunting together with two other Keadilan leaders similarly accused, Dr Badrulamin Bahron and Lokman Noor Adam.

Political arena for political decision

When met today, Raja Petra ( photo ) said that to file a new habeas corpus is only a technical procedure, but the court decision has made clear that detention during the first 60 days was unlawful, thus "anything that happened after the unlawful detention is equally unlawful as well".

"If we re-file the habeas corpus , it means we agree with the government. We do not agree, so we must protest and not file it," he explained.

"We realise that taking our case through the legal process is pointless, so we are now fighting it in the political arena since it was a political decision," he asserted.

Since those still detained would not be filing a new application, Raja Petra who is also the Free Anwar Campaign director said they are now taking the issue to the international level.

"Dr Wan Azizah [Wan Ismail, the Keadilan president,] has signed a letter which will be sent to governments all over the world, including foreign embassies in the country. We will also approach international human rights organisations and non-governmental organisations," he said.

"We will use this vast networking to pressure the government to do the right thing and rectify the wrong thing which is to release the reformasi detainees immediately," he added.

Pressure government

Meanwhile, it is learnt that AIM groups and families of the detainees will launch a campaign named 'ISA mala fide ' on Oct 1 at the Selangor Chinese Assembly Hall in Kuala Lumpur. The campaign is expected to go nationwide.

Parti Keadilan will also organise a dinner at the Sri Putra Restaurant below Dataran Merdeka, the birth place of the reformasi movement tomorrow. Sept 20 is the fourth anniversary of reformasi and the arrest of ex-deputy premier Anwar Ibrahim ( photo ) who is now serving a 15-year jail term for corruption and sexual misconduct.