Key players in the anti-Internal Security Act (ISA) movement have called for the setting up of a truth commission to review previous ISA arrests and to bring to book those responsible for abuses of the law.

In a joint statement today, Gerakan Mansuh ISA (GMI) and Suaram said the commission should "bring perpetrators of torture, ill-treatment and other human rights violations" to justice through "proceedings that meet international fair trial standards".

kamunting prison penjara 201107 They also called for the unconditional release of those still detained under the ISA, reparations for all ISA detainees since 1960 and the repeal of other laws, such as the Dangerous Drugs Act, which allow detention without trial.

In winding up the debate on the Security Offences (Special Measures) Bill 2012 yesterday, Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz admitted that that the ISA has previously been abused.

Nazri said that this was the reason the new Bill specifies that no arrest can be made for political reasons.

The ISA will the repealed once the new Bill is gazetted. The Bill was passed by the Dewan Rakyat yesterday, after about 10 hours of debate.

Responding to this, GMI and Suaram said the Bill had been passed without heeding concerns raised by Malaysians and the international community, as well as by the opposition parliamentarians.

The problems with the new Bill

Calling for the complete withdrawal of the Bill, they said it does not meet international standards and is problematic on the following fronts:

  • Vague interpretations of the terms "security offences" and "prejudicial to public order";
  • The interrogation period of 28 days for a detainee, without being brought before a judge, could mean that the authorities can detain anyone under the pretext of an active investigation, or a suspicion;
  • The law does not allow a habeas corpus challenge for the initial 28 day detention order;
  • The provision to permit the use of electronic monitoring devices even after the release of a detainee is against individual privacy and liberty, and the principle of presumption of innocence until proven guilty;
  • Permission for the police to suspend access to lawyers for the first 48 hours of detention can result in abusive interrogations, torture and confessions under duress;
  • Bail is not allowed, and a suspect is detained until all the prosecution's appeal procedures are exhausted. This means a detainee can be locked up for many years, even if a judge had initially acquitted him or her; and
  • The repeal of the ISA does not affect detention or prohibition orders made under the ISA, which means the authorities are not obliged to release the current ISA detainees.

Suaram and GMI also reiterated their call for the Independent Police Complaints and Misconduct Commission (IPCMC), recommended by the 2005 Royal Commission on Policing to curb police abuse of power, to be set up.

They also urged the government to sign, ratify and implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as well as the Optional Protocol to this Convention and the International Covenant on Civil and Political Rights.

ISA Focus Series

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Torture, suicide and 47 days of hunger

When teens were held under the ISA

Alleged terrorist Yazid doubts ISA will be repealed