The Human Rights Commission of Malaysia (Suhakam) announced today it has completed the report on its inquiry on the conditions of detention under the Internal Security Act and will submit it to the Home Ministry soon.

Suhakam chairperson Abu Talib Othman said the commission's law reform working group had also wrapped up its review on the ISA.

"We will submit these reports to the Home Ministry shortly for their consideration and necessary action.

"We hope to be able to release them to the public subsequently," he said when speaking at a forum organised by Suhakam titled Human Rights Post Sept 11 at a hotel in Kuala Lumpur.

The long-awaited reports stemmed from two Suhakam initiatives carried out in response to public complaints related to the ISA.

The commission's review of the security law commenced two years ago under the leadership of former commissioner and head of the law reform working group, Mehrun Siraj.

In June, a team of commissioners launched a public inquiry into the conditions of ISA detentions and interviewed some 30 detainees at the Kamunting detention camp in Perak during the three-day fact finding mission.

Public to judge

Speaking to reporters later, Abu Talib declined to comment on the contents of the reports but said they would be submitted to the ministry in January.

Asked why the reports are being sent to the ministry, he said, "We are submitting the reports to the Home Ministry because it is the ministry in charge of the ISA."

On whether he is concerned that the ministry may object to any of the findings or recommendations, he said Suhakam does not have to answer to the ministry. "It is for the public to judge. Our duty is only to the public," he added.

In another development, Abu Talib said the police should ensure that their investigations do not infringe upon individual rights.

The Suhakam chairperson was commenting on the arrest of seven people under the ISA for allegedly sending e-mails warning of impeding terrorist strikes in Kuala Lumpur.

"Not every section of the ISA violates against human rights. The application of the provisions in the ISA must depend on the situation and allegations.

"There are provisions for common offences and the police are bound to investigate into them... (Police action) is only offensive if (those arrested) are detained without trial," said the former attorney-general.

The suspects six women and one man aged between 22 and 40 were detained over the past two days under Section 28 of the ISA when one of the recipients of the email, the Australian High Commission, lodged a police report.

They were later released on bail and police have described the contents of the e-mails as "false and malicious".

Under Section 28, any person who makes false reports or statements likely to cause public alarm can be found guilty of an offence and if convicted (under Section 44(A)), face a fine of up to RM1,000, a one-year jail term or both.

Prosecutable offences

Elaborating further, Abu Talib said the police have the right to investigate the case under Section 28 but if any charges are to be made against the suspects, the Attorney-General's Chambers will have to make an independent assessment on which law to apply.

"It is up to the AG to determine which law should be used. The police can refer the case to the AG but it is up to the AG to consider the case independent of police recommendations," he added..

Asked if the police should have applied other laws such as the Telecommunications Act, the former attorney-general said he did not want to comment on this.

"I do not want to pass judgement on whether the police has abused its powers by using the ISA. The police have the power to arrest but it is still for the AG to make an independent judgement," he reiterated.

The use of the ISA to arrest the suspected rumour-mongers evoked criticism from human rights activists. However, this was found later to be a misunderstanding over the provisions of the ISA.

Although there are provisions which allow for indefinite detention without trial, most other provisions under the Act provide for offences which are prosecutable in court.

Meeting with DPM

Commenting on another issue regarding the lack of debate in Parliament on Suhakam's annual report this year, Abu Talib said he is seeking an appointment with Deputy Prime Minister and Home Minister Abdullah Ahmad Badawi for further discussions.

Last week, Abu Talib expressed his disappointment that members of parliament have not "seen fit" to debate recommendations made in the annual report.

Responding to this remarks, the deputy premier had said a debate would only be considered if the recommendations made are "relevant" and "urgent".

However, Abu Talib said today this is a "matter of opinion" but declined to elaborate further on the matter.