The Human Rights Commission of Malaysia (Suhakam) has been asked to check on the existence of secret 'torture chambers' where Internal Security Act (ISA) detainees are interrogated.

Lobby-group Abolish ISA Movement chairperson Syed Ibrahim Syed Noh submitted a memorandum on this to commissioner Khalid Ibrahim today at the Suhakam headquarters in Kuala Lumpur.

The document was based on evidence presented during a court case which saw detainee Abdul Malik Hussin obtaining a landmark ruling in his favour last month.

High Court Judge Mohd Hishamudin Mohd Yunus awarded him RM2.5 million in damages for unlawful arrest and detention under the ISA, concluding that Abdul Malik had been tortured "for a political purpose and not out of genuine concern for national security". (See chart below)

Syed Ibrahim said Suhukam must look into conditions and policies that allow torture to take place, as well as those who perpetrate torture.

He stressed that there is no need for the ISA in a modern, civilised and democratic society, calling it a "shameful, repulsive and draconian Act".

Khalid said Suhakam would have to study the judgment in Abdul Malek's case before acting, but that the commission would write to Inspector-General of Police Musa Hassan to seek disciplinary action against police personnel involved in torture.

He further said the matter would be raised when the commission meets, but pointed out that Suhakam has not been able to detect 'torture rooms' during its previous visits to detention centres.

'PM has right'

Asked to comment on Prime Minister Abdullah Ahmad Badawi's statement that the government is prepared to use the ISA against protesters, Khalid upheld his right to issue such comments.

However, he also said the use of the ISA is perceived among many as being "too much" and that the government should avoid detention without trial.

While stressing the need for balanced implementation of human rights principles, he also said Abdullah has an obligation to ensure public order and cited a news report that the ISA would only be used as a measure of last resort.

Syed Ibrahim ( photo ) pointed out that some 90 persons are still being detained under the ISA, with 26 entering their sixth year of detention in 2008.

The wives of detainees, who were present today, claimed that only those in poor health have been released and their husbands remain in detention because they are still healthy and fit.

"We need not wait for a death (of a detainee) to call off (use of the law)," Syed Ibrahim noted.

On another point in the memorandum, seeking the release of detainees or for them to get a hearing in court, Khalid said Suhakam would continue to seek the abolition of the ISA "or at least revise it to allow prosecution of detainees".