Bar Council backs Suhakams ISA plan
The Bar Council today expressed its support for the National Human Rights Commission's (Suhakam) recommendations to scrap the Internal Security Act and pave the way for a more comprehensive security law.
"A prosperous, fair, democratic and secure society cannot exist in an environment which does not place human rights values in high status and priority," its chairperson Kuthubul Zaman Bukhari said in a statement.
The Bar Council today expressed its support for the National Human Rights Commission's (Suhakam) recommendations to scrap the Internal Security Act and pave the way for a more comprehensive security law.
"A prosperous, fair, democratic and secure society cannot exist in an environment which does not place human rights values in high status and priority," its chairperson Kuthubul Zaman Bukhari said in a statement.
Long overdue
The recommendation by Suhakam which will effectively do away with detention without trial is long overdue, he said.
The Bar Council chief pointed out that it was a misconception that for the sake of national security, a "draconian measure which in incongruent with human rights principles" should be justifiably employed.
He said the council viewed the suggestion for a new anti-subversion law with extreme caution.
This was because the power of detention for investigative purposes must be supported only with fair procedures and adequate legal safeguards against abuse of power, he added.
"Steps must be taken to ensure that the balance between legitimate public security concerns and fundamental liberties is fairly struck not merely in theory but also in practice," Kuthubul said, adding that the council will support and work with Suhakam towards achieving this end.
On Wednesday, Suhakam in a landmark review report on the ISA called for consolidation of existing security laws into a new legislation that will spell out clearly the offences deemed threatening to national security.
Among recommendations regarding the new law were that the offences must be "triable in the High Court" and that the law itself should be only valid for one year, with its renewal thereafter to be determined by Parliament.
Many civil groups and opposition parties have commended the proposal put forward by Suhakam.
Slow to respond
On a related matter, Kuthubul said the Bar Council "noted with concern" Suhakam's lament that the government was slow in responding to its previous key reports and recommendations.
He called on the government to illustrate its commitment to human rights by responding speedily and positively towards Suhakam's proposals on various issues.
"What should follow is expeditious action in implementing those views without further delay," he said.
He added the council welcomed the statement by
de facto
Law Minister Dr Rais Yatim that the law coordination committee has been revived and will be studying Suhakam's views.
Suhakam in its 2002 annual report submitted to Parliament on Monday had cited a major challenge in expediting government response to issues that touch on fundamental liberties.
The annual report cited three documents that have yet to receive any feedback from the government - the Kesas Highway Inquiry report (submitted on April 2, 2001), the Freedom of Assembly report (July 24, 2002) and the National Human Rights Plan of Action (Feb 25, 2002).


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