Ex-ISA detainee Abdul Malek Hussin said his RM2.5 million damages awarded for his arrest and torture in 1998 will benefit organisations that campaign for the abolition of Internal Security Act.

In an interview with Malaysiakini in Kuala Lumpur yesterday, Abdul Malek related that he had made a commitment to support these groups.

"I have made a commitment and I'm reaffirming that I will be very supportive of civil society organisations that work actively for the promotion of democracy and the abolishment of the ISA, such as the Abolish ISA Movement (GMI) and Suaram.

"I have a lot of respect for two organisations and for their work," he said.

The chairperson of polls watchdog Malaysians for Free and Fair Elections (Mafrel) said he would also give monetary support to his own NGO but was not ruling out others.

Abdul Malek also noted that he would have to pay taxes on the amount paid by the government, and that he needs to settle his legal fees.

Sad it's taxpayers' money

On Thursday, he won a rare law suit against the government over his arrest and torture in 1998, and was awarded RM2.5 million in damages.

Kuala Lumpur High Court judge Mohd Hishamudin Mohd Yunus in a landmark decision ruled that Abdul Malek's arrest at the height of the reformasi demonstrations was unlawful and that he was assaulted under custody.

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 had previously testified 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.

He also testified that he saw Rahim punching him at his chin in the interrogation room when his blindfold accidentally dropped.

However, Abdul Malek expressed guilt over the payout as it would be taxpayers money and not the defendants.

"I won't say that I am elated, I am happy with the money compensation. In the first place, I have a sense of guilt that I shouldn't be using the taxpayers money in the first place.

"I am seeking damages and compensation on the crimes and offences committed by those unscrupulous police officers which I have named in the court," he said.

"They should have been punished. The money should be paid by them. Unfortunately, this case involves Rahim Noor and Borhan Daud in their professional capacity," he added.

Conduct fresh probe

Abdul Malek also called for fresh investigations to prosecute the police officers involved in his torture since acts of brutality against him were established by the court.

"Now these people are all scot-free, some are on pension, some have been promoted. I would say that special investigations should be held with a view for these police officers to be prosecuted in a court of law.

"The court has already mentioned that the investigation by the police was nothing but a sham. This should be a signal to the police to conduct a fresh investigation," he said.

Judge Hishamudin in his strongly-worded 41-page judgement said that investigations carried out by the police in respect of Abdul Malek's police report was "nothing but a mere sham".

On the possibility that the government would file an appeal, the social activist said it would work against their favour.

"Any appeal would reflect on the policy of (Prime Minister Abdullah Ahmad Badawi) rather than (former premier Dr) Mahathir (Mohamad).

"The moment they appeal, it would open up more worms in the can. People would start thinking whether this a political issue or are we going to look forward to a better political and human rights environment," he opined.

The defendants have a 30-day grace period to file an appeal.