Internal Security Act (ISA) detainees are held at the Kamunting Detention Centre for two years in order to be disciplined and separated from the rest of the community, stated the Human Rights Commission of Malaysia (Suhakam) public inquiry report.

The centre's director Abdul Basir Mohamad told the Suhakam inquiry panel that the controlled environment under Section 8 of the ISA 1960 was to "inculcate a greater sense of discipline" among the detainees.

"By giving detainees time to reflect, it is thought that the detainees might be able to gain greater love for their country, and to have more respect for the rights of other members of society," he said.

"This is accomplished by way of a three-month orientation period upon arrival at the centre," he added.

Abdul Basir's is among the 22 testimonies recorded during a public inquiry concerning the conditions of ISA detentions, which was carried out by the commission last year.

The testimonies, including those related to the centre's policies, regulations and practices, were made public for the first time in the commission's 61-page report released yesterday.

Religious classes

The report said all detainees were given Bahasa Malaysia classes twice a day and there were occasional religious lectures for Muslim detainees.

Followers of other faiths were not provided with similar instructions, although Catholic priests visited the centre o­n a voluntary basis, it stated.

However, the competency level of the ustaz (religious teacher) sent by the government to conduct the religious lectures was criticised by the alleged members of the Kumpulan Mujahidin Malaysia (named as Kumpulan Militan Malaysia in the report), Al-Ma'unah and Jemaah Islamiah - most of whom have a high level of Islamic education.

[The government had directed editors of media organisations to use the word militant in KMM, and not Mujahidin as was made known earlier.]

"The detainees made it clear that they are not impressed with the standard of religious teaching at Kamunting, and the fact that the ustaz sent there to them did not understand Arabic," said the report.

Abdul Basir told the panel that the ustaz appeared to be intimidated by the detainees' knowledge of Islamic issues where at times the detainees would o­nly converse in Arabic.

In the report, the panel recommended that other subjects be taught, including providing IT skills for the detainees.

It also recommended that all detainees be provided with religious lectures of adequate standard and religious instructions according to their respective faiths.

Orientation cells

The report said the detainees' daily activities were regulated by a timetable, which included the singing of the national anthem and several other patriotic songs.

During the initial three-month orientation period - to get them used to the rules - the detainees were placed in an orientation cell with sometimes two or three others, if there was a sudden influx.

Observing that the "spartan-like cells were not equipped with toilet facilities at the time of the inquiry", the panel said there was general discontent among the detainees over the use of the cesspot, which was described as humiliating and degrading, especially if there were others in the cell.

The panel noted that recent funding from the government would see improved toilet facilities in the orientation cells, and also recommended a review o­n the need for orientation cells.

The post-orientation period was in dormitory-style blocks where detainees are placed together with others who have similar allegations against them.

Describing the blocks as surrounded by grassy compound, the panel said detainees were free to wander within its confines.

"Each block is equipped with beds, mattresses, pillows, sheets and blankets. Toilet and showering facilities are also present in every block," said the report.

Detainees in each block also have access to a colour TV, newspapers and are free to read their own books subject to certain restrictions under Rule 80 of the ISA (Detained Persons) Rules.

Rule 80 states that detainees can use books and papers which are procured through the superintendent, who has the power to detain the material if they contain objectionable matter.

However, what is meant by objectionable here is unclear.

The report also cited Rule 81 which allows detainees weekly visits from relatives and lawyers lasting not more than 30 minutes and limited to two persons for each session.

It added that apart from a certain number of books and certain types of fruits, no other foods are permitted in during the visits.

Mental stimulation

On the complaints of lack of mental stimulation for detainees, the panel cited Rule 95 of the Standard Minimum Rules for the Treatment of Prisoners to reiterate that detained suspects must be given the right and privileges available to other categories of prisoners, where its application "may be conducive to the benefit of this special group of persons in custody".

"Rule 95, however, adds that such rights and privileges shall remain applicable provided that no measures are taken to imply that "re-education or rehabilitation is in any way appropriate to persons not convicted of any criminal offence."

The panel also stressed that consideration of this particular issue "in no way imputed a finding of guilt" o­n the detainees in accordance with Article 11 of the Universal Declaration of Human Rights.

It said the consideration of such matters, instead of being construed as acceptance of detention, should be seen as "an attempt to alleviate the negative effects of detentions without trial as a whole while such laws continue to exist".

The panel noted that Regulation 42 of the Prisons Regulations 2000 even allowed prisoners access to library books, to attend concerts, lectures, classes and exhibitions of audio-visual programmes.

"Depriving the ISA detainees of the right to benefit from classes and skills training would put them at a disadvantage compared to convicted prisoners," it said.

The panel also recommended that greater effort be made to effect early release where possible in normal cases where a Section 8 detention does not exceed two years.

Financial help

On the financial plight faced by the families, the panel recommended that detainees be allowed to work for money and to save unspent earnings for when they re-enter society or to benefit the families in their absence.

"The Home Ministry should also provide families of detainees with financial support in lieu of income by virtue of the fact that the detainees are not convicted criminals," it said.

The panel said the loss of income resulting from the detention period should be adequately compensated to ensure the welfare and well-being of the families.

Based o­n its overall observation, the inquiry panel found that the physical detention condition in the dormitory-style blocks were satisfactory and met the basic minimum requirements, except for a few minor repairs and checks o­n the water quality.

In recommending that the individual food and medical needs of detainees be considered, the panel found that there was adequate medical attention.

On family visits, it recommended a review to amend Rule 81 of the Internal Security (Detained Persons) Rules 1960 to enable detainees to spend more time with their families.

"The detainees should not be physically separated with a wire-mesh barrier and they should be provided with a private meeting room for family visits without the necessity of an official in the same room," it said.

Hunger strike

As of last June, there were a total of 113 detainees in Kamunting (see table), including those held o­n allegations of economic sabotage.

The June 18 public inquiry was led by Suhakam vice-chairperson Harun Hashim, and assisted by complaints and inquiry working group chairperson Prof Mohd Hamdan Adnan and commissioner Asiah Abu Samah.

It was launched following a hunger strike by six political detainees - Keadilan leaders Tian Chua, Mohd Ezam Mohd Nor, Saari Sungib, Lokman Noor Adam, Dr Badrulamin Baharon and malaysiakini columnist cum filmmaker Hishamuddin Rais.

The six were detained in April 2001 for allegedly planning to topple the government through militant means, a charge which they have denied.

Mohd Ezam is currently serving a two-year sentence at the Kajang Prison in Selangor after he was found guilty of breaching the Official Secrets Act.

The controversial ISA, which allows indefinite detention without trial, came into being during the communist insurgency.

In recent times, the security law has been used against opposition politicians and activists, prompting criticism and calls for its repeal.

However, the government said the law was still necessary in dealing with threats to national security o­n the grounds that "prevention is better than cure".