Malaysia's human rights record has been 'mixed' but the government has exercised "greater restraint" in using the draconian Internal Security Act, according to the Human Rights Commission (Suhakam)'s 2003 annual report.

According to the commission's 342-page report, which was tabled in the Parliament today, the country's human rights record over the past year was "mixed".

It nevertheless called attention to a number of interesting developments pertaining to the controversial internal security law following the commission's recommendation to repeal the ISA last year.

Suhakam had argued last year that concerns of national security could be addressed by other laws instead of the all-powerful ISA, which allows continuous detention without trial.

The report cited the amendment in the Penal Code which was passed last year as an example where a new provision pertaining offences relating to terrorism was included.

The move, however, has drawn criticisms from parliamentarians and civil groups, who argued that the vague definitions of terrorism and the excessive power provided for the government under amendment could be abused in the future.

"Apart from some concerns, Suhakam views this development positively," the commission stated without elaborating.

Positive developments

The commission also said another positive development was the government's decision in December to review the ISA to make the security law more 'humane'.

Suhakam also opined the government has acted on its recommendation to exercise the power to detain without trial under the ISA with "utmost care and in good faith".

"It appears that the ISA was used with greater restraint during the year," the report said.

"This is evidenced by the unconditional release of four reformasi activists in June and 19 ISA detainees in November, comprising four students who were arrested for alleged involvement in the Jemaah Islamiah and 15 al-Maunah members," it added.

However, Suhakam said the positive developments were marred by several recent complaints on the treatment of ISA detainees, in which detainees are banned from doing physical exercises, denied family and counsel access, the police withholding detainees' bank books and ATM cards, which resulted in financial hardship to the detainees' families.

The commission also vowed to draw more attention on other laws which allows for detention without trial.

"Much focus has been placed on the ISA when discussing the issue of detention without trial. Other legislation which provide for detention without trial include the Dangerous Drugs (Special Preventive Measures) Act 1985. Suhakam is therefore reviewing the law and its implementation," the report said.

Other positive developments that were recorded last year, Suhakam said, were the announcement by the Election Commission to allow for public rally during election campaigning and the establishment of the Police Royal Commission

It also viewed positively that the general hardcore poverty among Malaysians has decreased as stated in the mid-term review of the Eighth Malaysia Plan, and thus enhancing the social rights of citizens.

However, the commission said other complaints such as police inaction, inadequate attention to the rights of vulnerable groups such as person with disabilities and the initial refusal of the police to grant a women's non-governmental organisation a permit of against rape rally marred these positive records.

Press freedom

On freedom of the press, Suhakam said a fine balance has to be struck since matters of national security, ethics and professional journalism remain legitimate concerns.

"Suhakam has been following the debates on press freedom with interest and reiterates its stand that the rights to freedom of expression and information remain imperative to the proper functioning of any democratic society.

"The press has a pivotal role in ensuring a free flow of information. At the same time however, it is recognised that with such freedom comes responsibility," the report stated.

The human rights commission also expressed concern on the delay in disposal of court cases as it stressed that justice delayed is justice denied.

"Such delays could result in increasing costs for litigation, fading memories of witnesses, prolonged anxiety and possible infringement of the right to liberty of an accused in custody without bail, who is subsequently acquitted after trial," it said.

Death in custody

On death in police custody, Suhakam said the figure is on the rise as reported but the police have been "cooperative" with the commission as they had replied to the commission's queries.

Suhakam also said it foresee that "the time is not far off" for a consensus to reach on how refugees and asylum seekers are to be treated while in Malaysia.

"Suhakam is cognizant of the government's concern that there may be an influx of immigrants seeking refugee status in Malaysia when, in fact, they are economic migrants.

"There have been cases where this category of people have been arrested, kept in detention centres and thereafter deported despite being given temporary protection orders by the UNHCR (United Nations High Commissioner for Refugees)," the report stated.

The commission said an identification of clear policy guidelines and procedures would therefore minimise the anguish and uncertainty among immigrants and curb the violations of human rights.

It is unclear if the Parliament will debate the report today as it depends on other issues on its schedule.