The right to privacy between a lawyer and client has been violated for five Internal Security Act detainees in Kamunting detention centre, the Kuala Lumpur Magistrate's Court was told today.

"The privilege of privacy between lawyers and clients is a basic right without which we cannot discuss openly. . . this can result in us not being able to defend them properly," lead defence counsel Sulaiman Abdullah told magistrate Lim Kui Lee.

Sulaiman, assisted by Malik Imtiaz Sarwar and Saiful Izham, is representing ISA detainees malaysiakini columnist-cum-filmmaker Hishamuddin Rais and Keadilan leaders Mohd Ezam Mohd Nor, Dr Badrul Amin Bahron and Chua Tian Chang (Tian Chua).

A fifth, Keadilan Youth leader, Lokman Nor Adam represented himself.

The five have been charged with participating in an illegal assembly in September 1999 in front of the National Mosque, held in the wake of allegations in court that former deputy prime minister Anwar Ibrahim was given arsenic during his detention, and to protest the restrictions placed on the distribution of PAS party organ Harakah .

Anwar is serving a 15-year jail sentence for sodomy and corrupt practices.

The five, together with another Keadilan leader, Saari Sungib, were sent to Kamunting under a two-year ISA detention order early this June for allegedly attempting to overthrow the government via militant means.

Criminal trial procedures

Sulaiman also claimed that confidential documents that the detainees had prepared for their defence have also been monitored by Kamunting wardens.

"The legal documents prepared by them have been perused by the camp wardens and these include statements prepared by the lawyers for the use of their defence," Sulaiman said.

Deputy public prosecutor S Devanandan, on the other hand, contended that the five were ISA detainees and were, therefore, subject to the rules and regulations of the act.

Under Section 83 of the ISA rules and regulations, detention centre authorities shall read every letter written or addressed to the detainees. Camp authorities are also required to be within sight and hearing of the detainees when receiving visitors.

Sulaiman, however, contended that the detainees were facing criminal charges, and as such, should be allowed to follow criminal trial procedures.

"The question of being under the ISA does not take away their rights under the Federal Constitution which says they have the right to consult lawyers and that they are equal under the law and entitled to equal protection under the law.

"If the prosecutor believes that rights accorded under the Federal Constitution cannot be given to these ISA detainees, then you should just drop the charges," he told the magistrate.

Lim then set Nov 1 to hear the preliminary arguments of both sides on the issue. She later fixed Jan 8 to commence hearing on the charge of illegal assembly.

Sulaiman also told the magistrate that the detainees, prior to their hearings, were put in police remand centres that did not have proper amenities such as tables, chairs, adequate lighting and ventilation.

Lim, however, berated the defence, stating that it was a matter that should not be brought to court.

"This is a matter pertaining to the management of the centres and has nothing to do with this court. I feel this court is not the place to complain on this," she said.

Conspiracy

All the ISA detainees looked calm during the trial. Hishamuddin was even sporting a pair of sunglasses with his hair tied in pony tail as was his wont.

When approached, Ezam told malaysiakini that the condition in Kamunting "was very bad".

"We are being discriminated. We believe it is part of a conspiracy. We also believe that the commandant of Kamunting has been put under pressure by the Home Ministry," he said.

Chua also spoke about the repressive environment in the centre.

"The conditions are still tough. We are spiritually all right but it is still very repressive," he said.

Earlier, Lim also fixed similar hearing dates for 30 others who were also charged with illegal assembly in September 1999.

They include Ulu Kelang state assembly representative Azmin Ali, PRM vice-president and lawyer R Sivarasa, PRM secretary-general Dr Sanusi Osman, PAS central committee member Dr Mohd Hatta Md Ramli, Keadilan leaders Ng Lum Yong, Ruslan Kassim, N Gobalakrishanan and Abdul Ghani Harun.

Also at the trial were Keadilan president Dr Wan Azizah Wan Ismail, Lunas state assembly representative Saifudin Nasution Ismail, Kemaman MP Abdul Rahman Yusof and Keadilan leader Johari Abdul.