AG urged to let ex-ISA detainees victory stand
Opposition Leader Lim Kit Siang today urged the attorney-general not to appeal against the landmark decision that saw former ISA detainee Abdul Malek Hussin being compensated RM2.5 million for unlawful arrest and assault.
Opposition Leader Lim Kit Siang today urged the attorney-general not to appeal against the landmark decision that saw former ISA detainee Abdul Malek Hussin being compensated RM2.5 million for unlawful arrest and assault.
He said the attorney-general must make a policy decision not to appeal as the move will be an exemplary course of action and it would signify that the government is serious in upholding human rights.
"A policy decision by the attorney-general not to appeal against the Hishamudin judgment will set a shining example and send a clear message that the era of human rights has arrived in Malaysia and the police and all public servants must respect human rights" he said in a statement.
He added that if Attorney-General Abdul Gani Patail - the government's top legal adviser - planned to appeal against the High Court decision, it would only mean that the government has yet to 'walk the talk' as it has been quite boastful when speaking about protecting human rights.
"Human rights abuses in the form of physical violence and other forms of torture had been common treatment meted out to ISA as well as non-ISA detainees which must be condemned in no uncertain terms and stopped forthwith," he said.
He also cited that the statements made by the country's leaders attacking the Burmese military junta's brutal crackdown on the 'saffron revolution' would ring hollow if Abdul Gani is to appeal.
Political arrest
Yesterday, justice Mohd Hishamudin Mohd Yunus ruled that Abdul Malek's arrest at the height of the reformasi demonstrations was unlawful and that he was assaulted under custody.
"The nature of interrogation was clearly for a political purpose and had nothing to do with genuine concern for national security," Hishamudin told a packed courtroom.
Abdul Malek, was arrested under the Internal Security Act - which allows for detention without trial - on the night of Sept 25, 1998, after addressing a demonstration earlier that afternoon in Masjid Negara.
This was following the sacking and arrest of Anwar Ibrahim, who was then deputy prime minister.
Abdul Malek was detained under the draconian security law for 57 days before he was released without being charged.
He filed his civil suit in March 1999, naming special branch officer Borhan Daud, the then Inspector General of Police Abdul Rahim Noor and the government as respondents.
Abdul Malek claimed that he was stripped naked in an air-conditioned room, blindfolded during interrogation, physically assaulted up to 60 times, beaten until he was unconscious, forced to drink urine and subjected to sexual abuse.


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