Findings of an inquiry into injuries suffered by ex-deputy premier Anwar Ibrahim during his Internal Security Act detention (ISA) should be noted by the court hearing the habeas corpus application of two ISA detainees, said defence lawyers today.
"We would like the court to take judicial notice that in the Royal Commission of Inquiry, there were assurances given by the police of his well-being but these were proven false," lead defence counsel R Sivarasa told the Shah Alam High Court today.
The inquiry revealed that Anwar suffered a black eye and other injuries during his detention after being assaulted by former inspector-general of police Rahim Noor.
Rahim has since been found guilty and is appealing against his jail sentence. His case will be heard at the Kuala Lumpur High Court on Monday.
Lawyers and family members of detainees Abdul Ghani Haroon and N Gobalakrishnan had received a letter from a Special Branch officer which stated that both of them were in good condition, but still denied them access to visitors.
"In that context, of what weight and value is that letter?" Sivarasa asked.
The Human Rights Commission (Suhakam) has sent a letter on April 13 to the police requesting to meet with the detainees but there has been no police response to date.
"Why has the police refused access to the detainees? This invites the inference that the police have something to hide," Sivarasa added.
Suhakam's visit
Earlier, Senior Federal Counsel Abdul Wahab Abdul Rashid submitted to the court that Suhakam is not empowered under Article 5(3) of the Federal Constitution to meet with or to visit ISA detainees.
"To me, nowhere is it mentioned in the Article that a statutory body is empowered to be consulted by the persons arrested or detained.
"It clearly states that any person arrested shall only be allowed to consult and be defended by a legal practitioner of his choice," Wahab told presiding judge Justice Mohd Hishammuddin Mohd Yunus.
However Section 4(2)d of the Suhakam Act states that it is empowered "to visit places of detention in accordance with procedures as prescribed by the laws relating to the places of detention and to make necessary recommendations".
Abdul Ghani and Gobalakrishnan are part of the 10 activists arrested under the ISA since the April 10 police crackdown.
They were among the initial seven arrested, the other five being Keadilan vice-president Tian Chua, party Youth leaders Mohamad Ezam Mohd Nor and Saari Sungib, Free Anwar Campaign (Freeanwar.com) webmaster Raja Petra Raja Kamaruddin and social activist-cum- malaysiakini columnist Hishamuddin Rais.
The five - Chua, Ezam, Saari, Raja Petra and Hishamuddin - lost their bid for a similar application at the Kuala Lumpur High Court yesterday when Justice Augustine Paul ruled that the court had no jurisdiction to hear the matter.
Two other Keadilan leaders, Dr Badrul Amin Baharom and Lokman Adam, were arrested last Friday and this Tuesday respectively while human rights activist Badaruddin Ismail was nabbed this morning.
Abdul Ghani and Gobalakrishnan are also represented by Kamarul Hisham Kamaruddin, P Kandasamy, Hamidzun Khairuddin and Saiful Idzam Ramli.
The hearing continues tomorrow afternoon.
