ISA duo freed, police told not to re-arrest
Keadilan leaders N Gobalakrishnan and Abdul Ghani Haroon, who have been detained under the Internal Security Act for 50 days and 49 days respectively, were brought to the Shah Alam High Court and released this afternoon.
Justice Mohd Hishamudin Mohd Yunus also ordered the police not to re-arrest the duo for at least the next 24 hours.
Earlier this morning, the judge ordered the two to be released after ruling that the detention was unlawful and done in bad faith.
Keadilan leaders N Gobalakrishnan and Abdul Ghani Haroon, who have been detained under the Internal Security Act for 50 days and 49 days respectively, were brought to the Shah Alam High Court and released this afternoon.
Justice Mohd Hishamudin Mohd Yunus also ordered the police not to re-arrest the duo for at least the next 24 hours.
Earlier this morning, the judge ordered the two to be released after ruling that the detention was unlawful and done in bad faith.
The courtroom was packed with about 200 supporters, while hundreds more waited outside amidst tight security. A police water cannon truck, five trucks and about two dozen riot police were stationed near the courthouse.
When asked about his experience during detention, Gobalakrishnan told journalists that he was "very badly treated" while in police custody. He said he was kept in solitary confinement with a bright light on all the time.
"I could not sleep," Gobalakrishnan added.
Earlier, Gobalakrishnan and Abdul Ghani were brought to the court at about 3.30pm and were placed in the dock. However, justice Hishamudin ordered them to be taken out of the dock before the proceedings began.
Re-arrest fears
Counsel for the two, Malik Imtiaz told the judge that he feared the two would be re-arrested and requested Hishamudin to order a 24-hour amnesty so that they could be with their families.
"In view of the tremendous presence of police surrounding the court complex, the applicants are generally concerned with immediate re-arrest. The wives of both detainees are outside the state (Selangor) and on the way to meet them and it is uncertain what time they will reach here," said Malik.
The prosecution objected, arguing that the application would encroach into the powers of the police to take preventive actions.
Malik responded that the application was based purely on humanitarian grounds.
The judge then asked deputy public prosecutor Abdul Rasid Sudin whether he could assure the court that what the applicants feared would not happen. Rasid said that he could not say anything on that matter.
When the judge finally announced that the two were freed and ordered the police not to re-arrest them for 24 hours, reformasi chants resounded the court.
After the proceedings, hundreds of supporters marched the two to the bar room where their lawyers recorded their statements detailing their experience during detention.
Media told to wait
However, when the press was allowed in later, Gobalakrishnan and Abdul Ghani said they would speak of their experience only after all the ISA detainees are released.
"Wait for another nine days. I only want to be with my family now," said Gobalakrishnan, referring to the end of the 60-day period when the government would have to decide either to release the remaining eight detainees or send them to the Kamunting detention camp for two years.
They are Keadilan vice-president Tian Chua; party Youth chief Mohd Ezam Mohd Nor; Youth leaders Lokman Noor Adam, Dr Badrul Amin Baharom and Saari Sungib; social activist-cum- malaysiakini columnist Hishamuddin Rais; Free Anwar Campaign webmaster (Freeanwar.com) Raja Petra Raja Kamaruddin; and human rights activist Badaruddin Ismail.
Gobalakrishnan also refused to elaborate on his earlier statement regarding the "bad" treatment he received while in detention.
Lawyer P Kandasamy said Gobalakrishnan was the one who was reported by Human Rights Commission (Suhakam) to have fallen off the chair during interrogation by the police.
Yesterday, Suhakam reported that physical force was not used against the 10 ISA detainees, with the exception of one who claimed to have been pushed to the ground from his chair and was allegedly denied an opportunity to lodge a police report.
Members of Suhakam had a three-hour meeting with the detainees at the police headquarters yesterday's morning.
Abdul Ghani also declined to answer questions from the journalists.
"I am fine physically and mentally. This (not talking to the press) is our decision for now," he said when asked about rumours that he was beaten while in detention.
Judgment hailed
A reliable source told malaysiakini that the decision by the two not to talk to the press was made by the Keadilan leadership.
In an immediate reaction, United Nations Special Rapporteur on the Independence of Judges and Lawyers Param Cumaraswamy said that the judgment by Hishamuddin "signals the resurgence of judicial independence in Malaysia".
"Hishamudin's remarks are what any judge sensitised to international jurisprudence on human rights would have said.
"Detentions without trial compounded by the failure to clearly inform the detainees of the grounds of arrest and detention and denial of access to counsel offend the first principle of the law. The judge's independence and courage in the present environment must be admired," said Param.
DAP leader Lim Kit Siang said that Hishamudin "will go down in history as the first judge in the 21st century who gave real hope to Malaysians that there could be a restoration of just rule of law".

