Two Internal Security Act (ISA) detainees accused of being members of the Jemaah Islamiah (JI) militant group have filed their habeas corpus applications before the Kuala Lumpur High Court.

Lawyers for the Ahmad Yani Ismail and Abdul Samad Shukri Mohamad filed the application on Tuesday on behalf of the detainees' wives.

"The wives of 18 ISA detainees arranged for us (lawyers) to meet with them in Kamunting on Monday. They have all been accused of being JI members. We filed the first two applications on Tuesday,"" said lawyer Edmund Bon when contacted.

The habeas corpus is a writ which tests whether a prison has been accorded due process during his arrest. If procedures are found to have been violated, the court may order their release from unlawful detention.

Both Ahmad Yani and Abdul Samad were arrested on Dec 29, 2001 in an operation against alleged regional militants following the Sept 11 terrorist attacks in the United States.

Bad faith

In separate affidavits, the applicants said their arrests and detentions were and are illegal, wrong and done in bad faith.

"I stress that I have never and will never do anything which threatens the national security of Malaysia. I state that the (national police chief, Home Ministry and the government) do not have any proof against me and therefore, have been unable to charge me in court," they said in their respective affidavits.

"My detention is in violation of the law, irrational, frivolous and without reason. It is also without basis and is politically-motivated."

Ahmad Yani and Abdul Shukri said they have not been accorded full legal privileges as their interviews with their lawyers are attended without fail by officials from the detention camp.

"This is a violation of my rights under Article 5(3) of the Federal Constitution," he added.

Suhakam named

The two detainees also named Human Rights Commission of Malaysia (Suhakam) as respondents in their habeas corpus applications.

According to Bon, the detainees felt that Suhakam should have investigated into the allegations against them based on the complaints submitted by their family members to the commission.

"Suhakam has not made a stand with regards to their detention on allegations of being JI members. As far as we know, Suhakam has only investigated into the conditions of their detention at Kamunting but not into the government's claims," he said.

Bon said another example of the government's uncertainty of the basis for the arrest of the duo was the earlier claim by the police that they (and others arrested with them) were members of the Kumpulan Mujahidin Malaysia, another alleged militant group.

"This shows bad faith and that the police are not even certain of their charges,"" Bon said.

Based on statistics released by the National Economic Action Council (NEAC) two weeks ago, there are presently 91 persons detained at Kamunting for allegedly being members of militant organisations.

Of the group, 58 are said to be members of JI, 18 of the Kumpulan Mujahidin Malaysia and 15 of the Al-Maunah group.