ISA detainees: No more habeas corpus, set us free

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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.

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