The Human Rights Commission of Malaysia (Suhakam) has been asked to "clearly define and explain" several recommendations in its Internal Security Act (ISA) review report released o­n April 9.

About 20 representatives from human rights and civil society groups and the Anti-ISA Movement yesterday submitted a three-page memorandum to Suhakam chairperson Abu Talib Othman, listing common concerns.

Suhakam's law reform working group chairperson KC Vohrah, who had released the ISA review report, was also present during the dialogue.

Open to abuse

The groups want Suhakam to elaborate o­n what it means by 'national security' and to justify its recommendation for a new national security law to replace the ISA.

Speaking to reporters after the dialogue, Dr Kua Kia Soong, director of human rights group Suaram, said Suhakam should decide whether the country is in "a state of emergency" and whether an anti-subversion law is necessary.

He said the groups are also concerned with an interim recommendation (pending passage of any new law) that the period of detention without trial be reduced to three months. Currently, detainees can be held for two years, and the order can be renewed.

Suhakam had recommended that the detainee should either be charged or released after this period, and that the ISA Advisory Board should look into each case within this reduced duration of detention.

"There would be cause for concern if this recommendation is adopted. Due to the track record and attitude of the government and law enforcement agencies, there would be much room for exploitation and abuse," he said.

Kua also commented o­n another proposal to ensure that a person is not detained for more than 29 days in total during the initial period of interrogation. The police may now hold a person for up to 60 days without getting a remand order from the court.

He said the Criminal Procedure Code provides for a maximum of 14 days of remand with a court order, and that this is already "oppressive".

"Therefore, Suhakam should explain why there is a need to remand a person for another two weeks under its interim recommendations," he said.

"The real solution may not lie in extending the days a person is remanded, but in (more) efficient policing and investigation methods. The situation is heightened by the deplorable standards of magistrates in granting remand orders in an administrative manner."

'List offences'

Kua said the groups also fear the possibility of Suhakam's recommendations being turned into permanent (legal) provisions later thus "giving the false impression that Suhakam's views o­n the ISA have been accepted".

The NGO coalition also believes that these recommendations are inconsistent with a number of international human rights standards including the Universal Declaration of Human Rights, as well as the Federal Constitution.

For example, said Kua, Britain had o­nce been hauled to the European Court of Justice for prolonging the detention of Irish Republican Army members, when the international standard is o­nly seven days.

Citing the ISA review report where Suhakam had noted the erosion of safeguards against abuse of the law, he said the commission should list all possible offences which are open to abuse or misuse.

"There are clear and existing problems that plague the government and its law enforcement agencies - the culture of apathy, inefficiency, impunity and a general disregard for the rule of law and of constitutional and human rights," he added.

The ISA was enacted in 1960 to fight communist insurgency. In recent years, it has been criticised as an instrument that violates human rights and which silences dissidents.

As of last June, 113 persons were being held under a two-year detention order, with over half of them alleged to be members of local and regional Islamic militant groups.

Among those detained are the Reformasi 6 - Keadilan leaders Mohd Ezam Mohd Noor, Tian Chua, Saari Sungib, Lokman Noor Adam and Dr Badrul Amin Baharon, and malaysiakini columnist-cum-film maker Hishmamuddin Rais.

Ezam is no longer in Kamunting as he is undergoing a separate two-year sentence at the Kajang Prison since last August for breaching the Official Secrets Act.