The Internal Security Act 1960 (ISA) review report, to be released soon by the Human Rights Commission of Malaysia (Suhakam), will make references to the public inquiry report into the detention conditions under the ISA.

Suhakam vice-chairperson Harun Hashim said the ISA review report will look at aspects of detention not covered in the 61-page inquiry report which was released today.

"Our position o­n the ISA is clear in that it should be abolished. But we also realise that the government needs the law given the prevailing circumstances involving threats of terrorism," he said when met after the press conference o­n the inquiry report at Suhakam headquarters in Kuala Lumpur.

He said the ISA would always be used in times of terror and the country has a host of such preventive detention laws.

"But Suhakam is not supporting preventive detention. Even if such laws have to exist for the time being, we are trying to see that adequate safeguards are put in place to prevent possible abuse.

"For example, we are trying to ensure that ISA detainees are not held for more than 30 days instead of the present 60 days, and that they are charged in court subsequently," added Harun.

Allegations of torture

Suhakam held the public inquiry into the detention conditions under the ISA following a hunger strike by six reformasi detainees in Kamunting last year April.

Among the complaints and memorandums received are allegations of torture, cruel, inhuman and degrading treatment, inadequate access to food and medical treatment, denial of the right to legal representation and the right to appear before a magistrate to challenge the legitimacy of the detention.

Asked if the recommendations made pertaining to detention conditions would be adopted by the government, Harun said it was beyond Suhakam's control to determine which is accepted.

"It's not fair to say that the government is not doing anything at all because we know of minor administrative changes within the police force which shows that what we are doing is getting somewhere," he said.

He cited an example where the police had been instructed to stop conducting interrogations at night.

Two-part probe

"Another administrative change involves the replacement of chamber pots provided to detainees during the orientation period in the Kamunting Detention Center with flush toilets."

Harun said acceptance of Suhakam's recommendations does not necessarily have to be in the form of legal amendments or public statements by the government.

"Several committees have been formed pursuant to our recommendations. We must understand that it takes longer for the government to make concrete changes, especially recommendations to amend some laws, because it involves various departments."

The public inquiry, which began o­n June 18, was held in three stages in Kamunting and completed in Kuala Lumpur o­n Aug 5.

The panel divided the inquiry into two parts -- conditions of detention under Section 73 of the ISA which is the 60-day initial period, and the subsequent detention in Kamunting through the ministerial order under Section 8.

On allegations that interrogations during the 60-day period had nothing to do with the grounds of arrest, Harun said the interrogations methods were designed for two reasons, namely to elicit information and to brainwash detainees.

"We have explained to the police that no matter what they do during the interrogations, the detainees were going to write and publish what they had undergone.

"It is not so easy anymore for the police because a lot of people are watching. o­nce these personal accounts are published, the information reaches numerous human rights bodies and government watchdogs around the world."

Overall compliance

On how Suhakam's annual report can be debated in Parliament, Harun said the Budget session was a good time because members of parliament can raise anything freely.

Last year June, parliament rejected two motions by an opposition MP to debate issues highlighted in the Suhakam's 2001 annual report and to censure the Foreign Minister for failing to safeguard human rights in the country.

Before rejecting the request, the Dewan Rakyat speaker explained that the motion to debate the annual report, which was supposed to have been tabled earlier in April, was neither a specific nor an urgent matter.

On today's report, Harun said the inquiry panel had found the overall detention conditions in Kamunting to be satisfactory and in compliance with the prescribed international guidelines.

"For example, the camp authorities have not violated the food menu as stipulated by law. In fact the complaints to Suhakam were more of the extras rather than the basics."

Among its recommendations, Suhakam stated that all law enforcers are obliged to conduct themselves with absolute respect for the prohibition of torture and inhuman treatment, with training thrown in for good measure.

It recommended that family members of detainees be notified within 24 hours of the arrest, and that detainees should not have to wait for two weeks before meeting with family members.

The inquiry panel also recommended for detainees to be allowed access to counsel when produced before a magistrate and supplied with a copy of the grounds of arrest.

Harun said copies of the inquiry report have been submitted to the relevant authorities for their response.