Lodge police report, Suhakam advises assaulted ISA detainees
The two Internal Security Act (ISA) detainees allegedly assaulted by Kamunting detention centre security personnel on May 9 have been advised to lodge a police report to expedite investigations.
Human Rights Commission of Malaysia (Suhakam) chairperson Abu Talib Othman said the Federal Constitution assured them of their basic rights, despite their status as detainees.
The two Internal Security Act (ISA) detainees allegedly assaulted by Kamunting detention centre security personnel on May 9 have been advised to lodge a police report to expedite investigations.
Human Rights Commission of Malaysia (Suhakam) chairperson Abu Talib Othman said the Federal Constitution assured them of their basic rights, despite their status as detainees.
Police powers
Asked if it was possible for the two - Tian Chua and Hishamuddin Rais - to do so while under detention, Abu Talib explained that there was "nothing to stop the police from investigating the allegations anyway".
"Just because they are detainees does not mean they have no rights at all. That is why they should lodge a report," Abu Talib told malaysiakini at the Suhakam headquarters in Kuala Lumpur today.
He said the procedure was similar to that used by the Anti-Corruption Agency, which is also empowered to initiate investigations based on public statements or media reports.
"(In this case), they (police) don't have to wait for a report to be lodged. They should act on whatever public statement has been made if such a statement discloses the commission of a crime."
Abu Talib was responding to demands, including by Tian (
photo, right
) and Hishamuddin (
photo, left
), that Suhakam probe the alleged assaults which have caused a public outcry among human rights advocates here and abroad.
Groups outraged
Both claimed they were assaulted by 30 plainclothes and uniformed security personnel in full riot gear complete with shields, batons and mace.
However, camp commandant Abdul Basir Mohamad has denied the claims, implying that the alleged aggression was in fact the reverse. He was not available for comment today.
The incident has caused outrage among human rights and anti-ISA campaigners who denounced the action as a deliberate attempt by the government to justify a possible extension of the duo's detention order which expires on June 1.
US-based human rights lawyers committee also
criticised
the Home Ministry for violating international standards.
Apart from Tian and Hishamuddin, the Anti-ISA Movement and Cheah Kah Peng, one of the lawyers representing the reformasi five, have asked Suhakam to conduct an investigation.
Together with Saari Sungib, Lokman Noor Adam and Dr Badrul Amin Baharon, the five reformasi activists are serving a two-year detention order for allegedly plotting to overthrow the government through militant means, a charge they have denied.
Suhakam's intervention sought
Meanwhile, earlier Abu Talib had a dialogue with a coalition of non-government organisations, political parties and individuals to discuss the recommendations made by the commission in its recent report on ISA.
The representatives also submitted a memorandum to Suhakam, lisiting their concerns over some of the recommendations .
Speaking to reporters after the dialogue, Suaram director Dr Kua Kia Soong said Suhakam was positive about their request for intervention with regards the release of the reformasi five whose two-year ISA detention order expires next month.
"They (Suhakam) have agreed to intervene. We hope there will be no renewal of the detention order and that the detainees will be released by June 1."
He said with more than 80 NGOs, including human rights organisations around the world, and Suhakam itself, calling for their release, he does not see how the detention could be extended.
"It is illogical to continue to detain them, especially with the ISA advisory board's recommendation for their release, unlike during Ops Lalang in 1987 when there was no such thing."
Abu Talib, when approached for comments later, said he had asked for details of the detainees.
However, he declined to commit on Suhakam's intervention.
"I did not say that we will intervene. I only said that we need to have the facts and details of the detainees first before we can decide how and what we can do to assist them."


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