Detention without trial, the Internal Security Act raises its very ugly head again in Malaysia.
GERAKAN MANSUHKAN ISA
ISA Updates: 23 September 2008
Raja Petra Kamaruddin, editor of the popular political blog, Malaysia Today, today (23 September 2008) received a two-year detention order under Section 8(1) of the Internal Security Act 1960 (ISA). The detention order was signed by Home Minister Syed Hamid Albar. Section 8(1) of the ISA states, “If the Minister is satisfied that the detention of any person is necessary with a view of preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof […], he may make an order directing that a person be detained for any period not exceeding two years.”
According to Raja Petra’s lawyers, he will be sent to the Kamunting Detention Centre in Perak, where he will be detained for a period of two years from today.
Under the ISA, this two-year detention order can be renewed by the Home Minister indefinitely. No clear explanation or details were given the nature of the threat or national security risks. In fact, under the ISA, the Home Minister has no obligation to disclose to the public or the courts the details of the detention or release. This clearly shows that the draconian ISA constitutes gross abuse of power by the authorities.
Raja Petra’s lawyers have also filed a writ of habeas corpus at the Kuala Lumpur High Court, in a bid to release him from his detention.
Raja Petra Kamaruddin was arrested on 12 September 2008, under Section 73(1) of the ISA for allegedly being a threat to security, peace and public order. He is alleged to have posted articles deemed seditious and that also belittle Islam.
Two other individuals – journalist Tan Hoon Cheng and member of Parliament Teresa Kok – were arrested on the same day as Raja Petra’s arrest. The two were subsequently released – Tan on 13 September 2008, while Kok on 19 September 2008.
On 16 September 2008, ISA detainee Raja Petra Kamaruddin, the editor of Malaysia Today, was allowed to see his wife and two children at the Bukit Aman police headquarters.
According to Raja Petra’s wife Marina Abdullah, Raja Petra spoke very softly and looked weak, pale and lost much weight. Raja Petra complained to her that he was suffering from lack of sleep because the night before, he was harassed on an hourly basis by officers who recorded statements from him. He said he was never physically abused, but was mentally abused. Marina said that his blood sugar level had dropped. She also added that her husband suffers from heart artery blockages and is on medication.
Raja Petra’s lawyers filed a habeas corpus application at the Kuala Lumpur High Court on 16 September 2008, seeking his immediate release.
Detention without trial under the ISA a serious human rights violation
The ISA provides for ‘preventive detention’ without trial for an indefinite period. It violates fundamental rights such as the right to trial, the right to legal counsel, the right to defend oneself in open court and the right to be presumed innocent until proven guilty. It goes against the principles of justice and undermines the rule of law.