Suhakam report: Govt denies abuse of ISA detainees
The government has denied that a number of Internal Security Act (ISA) detainees were physically and psychologically abused by the police during the first 60 days of detention.
It said subsequent investigations into allegations of mistreatment bore no supporting evidence.
The government has denied that a number of Internal Security Act (ISA) detainees were physically and psychologically abused by the police during the first 60 days of detention.
It said subsequent investigations into allegations of mistreatment bore no supporting evidence.
The complaints, recorded by the Human Rights Commission of Malaysia (Suhakam), were made by a number of detainees over the last few years.
Suhakam made its observation and recommendations on the issue in its 2003 annual report, which also has the government's responses to its 2000, 2001 and 2002 reports reproduced in full.
Responding to the complaints individually, the government denied that police officers had kicked an alleged al-Maunah member, Ramdi Abdullah, five times during detention.
It also denied a claim by a female detainee, Ng Chooi Chun, who is allegedly involved in a forgery syndicate, that she was forced to strip naked by two policemen.
"Investigations by a Bukit Aman Special Branch officer did not produce any evidence to support her allegation," read the official reply reproduced in Suhakam's latest annual report tabled in Parliament on Monday.
"All related documents and station diary where she was held showed that no policeman had entered her cell."
Psychological intimidation
The government said that nine policewomen assigned to guard her also did not see any policeman entering her cell.
"Apart from that, a photo of the policeman was shown to the detainee for further investigation but she didn't want the probe to continue and expressed satisfaction over the treatment accorded to her."
The 2003 report, which was tabled on Monday, includes a total of 150 pages of unspecified official responses received from the Foreign Ministry, the ministry in charge of Suhakam affairs then.
A claim by Abdul Nassir Anwarul, a Singaporean with a Malaysian permanent residence (PR) status, that he underwent psychological intimidation where he was stripped naked and humiliated during questioning was also dismissed as "baseless".
"Furthermore, the detainee confessed in a statement that he was never mistreated by police," the government added.
Abdullah Minyak Silam, an Indonesian holding a Malaysian PR, alleged that police had threatened to send his wife and child to a welfare home unless he cooperates.
"This allegation is unfounded, and during the investigation, police could sense that he was satisfied with the treatment given during the remand period."
Universiti Teknologi Malaysia lecturer, Dr Abdullah Daud, detained at a police remand centre for allegedly being involved in Jemaah Islamiah, claimed he was frequently woken up by a Special Branch officer during the night for questioning, especially in the first three weeks.
"A probe found that the investigating officer did visit him late at night. However, it was on the request of the detainee himself who wanted food, drinks and medicine to be sent at night. So, his claim is baseless."
The government also denied that all ISA detainees were held for the full 60 days under Section 73.
"The detention period depends on the extent of involvement of an individual in activities that threaten national security, and on the police investigation process."
Between 1960 and 2002, said the government, 387 detainees were released before the expiry of the 60-day initial detention period.
"Forty-six of them were freed after being held between one and 10 days. Raja Petra Raja Kamaruddin (left photo), for example, was released 52 days after being detained under the ISA," it said.
Constantly reminded
On recommendations for the police to take steps that guarantees basic human rights, the government said police officers are constantly reminded of their duty to ensure there is no abuse of power when dealing with ISA detainees.
"This is to prevent any violation of human rights as guaranteed under the Federal Constitution. It should also be noted that the Universal Declaration of Human Rights is merely a declaratory instrument and does not operate as a convention."
The government gave its assurance that all allegations of torture and abuse made by individuals, Suhakam or non-governmental organisations would be thoroughly probed and disciplinary action taken against officers found guilty.
"All police and prisons personnel involved in the arrest and detention of individuals under the ISA are trained and aware of the legal boundaries in discharging their duties," it added.
Referring to Suhakam's previous recommendation for male ISA detainees to be allowed to perform the obligatory Friday prayers, the government said the prohibition remains because it is meant to keep the newbies and the 'rehabilitated' detainees apart.
"Muslim ISA detainees cannot perform Friday prayers on grounds of security. However, counselling and religious classes are conducted. Detainees of other faith are also afforded such classes," the government explained.
It also cited a June 4 ruling by the Perak Syariah Committee stating that Friday prayer was not obligatory for those detained in Taiping Prison.

