The Human Rights Commission (Suhakam) today conceded that it is unable to do much to help the 10 reformasi activists being detained under the Internal Security Act (ISA).

According to commissioner Anuar Zainal Abidin, Suhakam's hands are tied because of the Monday's court judgment handed down in the habeas corpus applications of five ISA detainees and because of different interpretations of the Suhakam Act.

He said this when he met Parliamentary opposition leader Fadzil Noor, who led a small delegation of members of parliament (MP) to the Suhakam office in Menara Tun Razak late this afternoon.

The opposition lawmakers urged Suhakam to visit the ISA detainees as they feared for their health and safety. The ISA allows detention without trial.

The group included PAS' Pokok Sena MP Mahfuz Omar, DAP's Kepong MP Tan Seng Giaw and Seputeh MP Teresa Kok. Also present were the brothers of the latest ISA detainee, Badaruddin Ismail, who was arrested this morning.

"What can I do for you?" asked Anuar on seeing the opposition lawmakers.

When Tan tried to explain that there is much that Commission can do under the Suhakam Act, Anuar cut him short by stating that the Act is open to different interpretations.

"We interpret it one way, the court interprets it another way ," said Anuar.

Safety and health

Fadzil said that he feared for the health of the detainees, especially those suffering from asthma such as Keadilan vice president Chua Tian Chang, popularly known as Tian Chua.

"There have also been reports of witnesses who saw one of the detainees in a rather bad condition," said Fadzil.

According to a PAS MP, Fadzil was referring to allegations that Keadilan Youth leader Abdul Ghani Haroon was seen at the Royal Malaysian Air Force's Sungai Besi air base in bad physical condition by a number of witnesses. Abdul Ghani was arrested in Kuching, Sarawak on April 11.

"The family's efforts to meet the detainees and the habeas corpus applications have failed. We feel Suhakam can help," said Fadzil.

However, Anuar said he personally cannot do so. "I am sorry," he said.

"Nevertheless, we will look into the matter because it is a serious issue and it shows abuse of power which is against the human rights principle as championed by Suhakam. Moreover, what has just been stated is more reason for us to get permission to meet the detainees," said Anuar.

The commission has requested the police for access to the detainees over a week ago, but has yet to receive any response. Yesterday, Anuar said that Suhakam would shoot off another letter to the police.

No freedom of speech

At the meeting with Suhakam, Mahfuz also presented a memorandum on behalf of the BA Youth, calling on the commission to set up a public inquiry into the ISA detentions.

To this, Anuar asked Mahfuz, "Have you read today's newspapers? Suhakam cannot open its mouth. It is not only you who do not have freedom of speech. Suhakam has also lost its freedom of speech."

Referring to the judgment handed down by High Court justice Augustine Paul on Monday rejecting the habeas corpus applications of five ISA detainees, Anuar said it is "inappropriate" for Suhakam to make such "unlawful" demands.

Paul, in his judgment in referring to Suhakam, stated that "it is inappropriate for a person or body of persons to call for the release of persons detained under the ISA and to prosecute and try them in an open court if they have committed any offence as it amounts to an unlawful interference with the lawful exercise of discretion by the detaining authority".

"While I am convinced that Suhakam acts with the best of intentions, it must be realised that it is of prime importance that issues of what the law is and what it can and should or ought to be are kept separate so as not to risk confusing the public and, unwittingly, adding proverbial oil to the fire," added Paul.

Later, Fadzil told malaysiakini that he hoped Suhakam would play its role as ordained and that the police respect Suhakam's request for access to the detainees.

Fadzil also said that the opposition would be stepping up its campaign to rally the people to abolish the controversial security law through seminars and various other peaceful ways.