Reform movement Aliran today described as "nonsense" the High Court decision today to dismiss the habeas corpus application made by five Internal Security Act (ISA) detainees who were detained allegedly for being a threat to national security two weeks ago.

"The court's decision makes nonsense of the maxim that fairness is really what justice is all about," said Aliran's executive committee in a statement.

Calling for the abolishment of the ISA as it is "immoral, unjust, anti-democracy and anti-human rights", Aliran said justice Augustine Paul's verdict condemned citizens without subjecting accusations made against them to the highest standards of scrutiny.

"The sad truth revealed by the verdict is that citizens in this country have no legal recourse against the tyranny of the state."

Habeas corpus is a writ ordering prisoners to be brought before a court or judge to ascertain whether their detention is lawful. It is often applied for by lawyers for those held under the ISA, which allows detention without trial for a minimum of two years following an initial 60-day investigative period.

Aliran added that Paul's decision gives power to the state to detain a citizen on the mere claim by the police that he or she is a threat to national security without the state being required to adduce any evidence in court to justify the detention.

The movement said that it was "beyond reason" how the court entertained claims that the police have evidence on the alleged activities of the five which cannot be disclosed and challenged in an open court.

"This frightening situation raises some fundamental questions. Can a citizen depend on our courts for justice? Can he confidently appeal to the courts for the protection of his civil liberties against the tyranny of the state?" questioned Aliran.

Secret reasons

Paul dismissed the application of the five reformasi activists on the grounds that the court had no jurisdiction to hear the matter as the arrests and the detention of the five were done in accordance with powers vested in the police through the controversial security law.

He also refused to look into allegations by Inspector-General of Police Norian Mai in a press statement on April 12 of the involvement of those detained in militant activities and mass violent street demonstration to topple the government, on the grounds that the law restricted him from assessing and evaluating Norian's partial disclosures.

Norian had also subsequently affirmed an affidavit to the court stating that there were other secret reasons for the detention.

Keadilan vice-president Tian Chua, party Youth leaders Mohd Ezam Mohd Nor and Saari Sungib, Free Anwar Campaign (Freeanwar.com) webmaster Raja Petra Raja Kamaruddin and social activist-cum- malaysiakini columnist Hishamuddin Rais filed the application on April 13, just days after their arrest and detention under the ISA.

Similar applications on behalf of two others, Keadilan youth leaders N Gobalakrishnan and Abdul Ghani Haroon, who were arrested outside Kuala Lumpur, was heard at the Shah Alam High Court today.

Another Keadilan leader Dr Badrul Amin Baharom was detained last Friday while the party's youth secretary Lokman Adam was arrested early yesterday.