The 13 students accused of having links with a terror group should not be detained under the Internal Security Act (ISA), unless there is genuine reason to believe they pose a threat to national security, said the Human Rights Commission of Malaysia (Suhakam).

Suhakam secretary Kamaruddin Mohamed Baria said the government should pay heed to the principle of 'innocent until proven guilty', especially since the students are aged between 17 to 25

While authorities have the discretion to deal with national security, the use of the ISA must still be exercised with utmost care and good faith, he said in a statement today.

"In resorting to powers of arrest, the authorities should heed recommended safeguards to avoid misuse or abuse of detention provisions of the ISA, especially with regard to the age of the students."

He urged the authorities to conduct investigations "effectively, expeditiously and in good faith", and in compliance with international standards, so that they are not held longer than necessary.

The students, who were studying at two institutions in Karachi, were detained when they were deported back to Kuala Lumpur yesterday. The government suspects that they are involved with the regional terror network Jemaah Islamiah (JI).

The students had been held for two months by Pakistani authorities on suspicion of involvement with unnamed terror groups, but were not charged.

'Abuse of power'

Meanwhile the National Union of Malaysian Muslim Students said the justification used in detaining the students under the ISA was "simplistic" and that this would only serve to confuse the public.

"The authorities must back up their allegations in court, with proper proof that the students were involved with militant groups, and in particular JI as alleged," said secretary general Azuan Effendy Zaira.

Such arrests and detention without investigation or strong proof shows that the Malaysian government is merely "following in the footsteps of the US," he added.

If the government insists on arresting anyone deemed a threat to its position, said Azuan, this can only be viewed as abuse of power, perversion of constitutional principles, and violation of human rights.

"There is enough international criticism over the limited freedom and human rights in Malaysia, without the need to bring greater damage to an already dented reputation," he added.

"The union calls on the government to immediately release the detained students or make sure that they are tried in an open court."