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ISA ‘beyond repair’, say groups


Saturday, 31 July 2010 Combat
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“It has done the country a lot of bad because of the reputation it has given us. (Malaysia) is not a respecter of human rights and that puts us in the lead of a very backward country,” he said, calling the ISA a black mark for the country.

“It puts people in fear of speaking out even if they are speaking out for justice. It represses the people and the creativity of Malaysians and not to mention, it has also put more than 10,000 people under detention,” he said.

By Melissa Chi, The Malaysian Insider 

KUALA LUMPUR, July 31 — Human rights groups and lawyers have continued to rubbish Putrajaya’s efforts to amend the Internal Security Act (ISA), reiterating that the five-decade-old security law was “beyond repair” and should be abolished entirely.

The Home Ministry announced recently that the Cabinet was currently studying amendments to six preventive laws including the ISA which, among others, will see changes to the powers of the home minister, the duration of the detention period and rights of detainees under confinement.

The ministry, however, stressed that the ISA would not be abolished, despite rising opposition, and would merely be tweaked to protect detainees. The amendments are expected to be tabled in the next parliamentary sitting.

Gerakan Mansuhkan ISA (GMI) chairman Syed Ibrahim Syed Noh told The Malaysian Insider that it made little sense to merely amend an Act that, by allowing detention without trial, not only strips away basic human rights, but also silences any dissenting voices in the community.

“The essential problem with ISA is that it cultivates a culture of fear. At any point in time, if the government or politicians feel a person is a threat to national security, they can just arrest him or her.

“No one is allowed to exercise their duty and criticise the government because the minute he does that, he can be threatened by the ISA,” he said.

Suara Rakyat Malaysia (Suaram) director Dr Kua Kia Soong echoed Syed Ibrahim’s sentiments.

“It has done the country a lot of bad because of the reputation it has given us. (Malaysia) is not a respecter of human rights and that puts us in the lead of a very backward country,” he said, calling the ISA a black mark for the country.

“It puts people in fear of speaking out even if they are speaking out for justice. It represses the people and the creativity of Malaysians and not to mention, it has also put more than 10,000 people under detention,” he said.

Kua, formerly a detainee himself during Operasi Lalang in 1987, claimed that the oppressive Act had changed the tone and the spirit of even the most outspoken communities.

“I know the NGOs before Operation Lalang... they were not as fearful as they were after it. The NGO communities tended to be the more outspoken community (back then), so imagine the effect it had on university students and politicians... it has definitely frightened people,” Kua said.

Bar Council constitutional law committee chairman Edmund Bon claimed that most of the lawyers in country agreed that such an Act should be repealed.

“We have about 13,000 lawyers and I think a large majority of us agree that any Act that denies (the right pf people to defend themselves in court) should be repealed.

“It should be repealed wholesale and not amended because there is no need for the ISA,” he said, adding that there were other preventive laws that could be used to punish offenders.

“There are various other laws that people can be charged under. If the government wants an extended period for investigations of certain complicated crimes, (the detention period) should be up to 28 days from 14 days, no more,” he said, adding that by then the detainee should either be released or be charged in court.

Kua pointed out the irony that out of the 10,000-plus people detained under the ISA thus far, none was charged with any crime, let alone for terrorism.

“That shows the ISA is a sham.

“I have always argued against amendment. Repeal it, for the simple reason the first atrocities committed are usually during the first week of solitary confinement,” Kua said. He cited numerous reports on abuse and torture of detainees during the solitary confinement period.

He said the provision in the ISA allowing for 60 days of solitary confinement was the longest in the world.

According to Syed Ibrahim, the longest anyone had been detained was for 22 years and that person was detained when Singapore was still a part of Malaysia.

He said that although in terms of numbers, the ISA’s current number of detainees is way smaller than those detained under the Emergency Ordinance (EO) Act 1969 and the Dangerous Drugs Act (DDA) 1985, which totals about 1,000 detainees, the ISA was still the “mother of cruel laws”.

Kua concurred, saying that once the ISA is repealed, it would clear the path for the abolishment of the EO and DDA.

READ MORE HERE

 


Comments (8)Add Comment
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written by Angela Ooi, August 01, 2010 01:05:06
OF course the Bn govt will stand its ground on ISA to go on forever..remember the BSA Tahir case which RPK recently wrote on?? Conveniently used to keep any Bn leader's scandal under wrap...invoke ISA, take the 'supposedly guilty' out of public eye and no one will know any better.
PDRM bully boys have warned alll to stay away from tonite's vigils. We can bet the full force of ass law will be applied because Anti-ISA groups will not be carrying cowheads; sprewing angry racist venom & vowing bloodshed if their demands are not met. Trust PDRM to be in full battle gear for the peaceful groups tonite when they remained their RESTRAINED BEST during gatherings of violent mobs.
...
written by doitanyway, July 31, 2010 23:54:10
ISA is no longer applicable for right minded people .
...
written by educationist, July 31, 2010 19:36:03
The head of the UMNOputras security wing has declared the candlelight vigils planned for tonight to be illegal.
Let's see how nasty those security samsengs will be tonite - baton charging and pepper spray for peaceful people brave enough to stand their ground for a just cause!!
My salute, to all who will be in the line of 'fire' and charges by those institutionised samsengs!!
...
written by red1, July 31, 2010 19:18:09
I was once haul in for questioning for a while (have to talk my way out of it) and the police officer told me that if PAS comes to power also same. I told him, "Hello! Since when you as a government servant can make political statement? I NGO can lah!"

Another time when i visited Khalid Samad under ISA (as i was working for Khalid that time in a small company) the Special Branch officer was watching us while my colleague clear some company matters alone with Khalid, i ask the SB officer, "Is Khalid still a threat to national security?". The SB officer made the mistake of saying "yes". I went down on him like a ton of pricks. "How so? Got proof?". He took the safe way out and freeze for a long time without even blinking. Kanehlaubuu!
...
written by red1, July 31, 2010 18:52:36
Agree with @NuNuDaDa.. technically the Emergency Declaration was not lifted. It is outdated from Japanese times. Must be still in practice due to the existence of Hitachi and Yamaha here? Makes me wana vomit.

We should all stop paying taxes cos Taxes are Not needed during Emergency! Bahlool!!
...
written by Nunudada, July 31, 2010 18:33:42
RPK pointed out to us that the ISA is an EMERGENCY based law.He mentioned in his writings that this can only be applied if a state of EMERGENCY is declared or continues to exist in this country.The learned legal community who follow this blog site should be able to confirm if this is the case.
Hence,if we are actually in a state of Emergency as declared by the government,and conveniently left in place,then it is the duty of every concerned citizen to urge the government to officially lift this declaration.We could all inform our friends abroad and the media there that Malaysia is in a state of Emergency and may not be a safe place for visitors and for conventions.Following the Illuminati dictum,we too can bring order out of chaos.We need to give them a dose of their own medicine.
...
written by red1, July 31, 2010 18:24:13
If cannot repair, throw it out! Some more talk talk.
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written by Better My, July 31, 2010 09:35:27
ISA encapsulated every bad things that were done to Malaysia in the past and will continue to set the rakyat and the nation back in the future if it is not stopped in its track. We need to thrash it lock stock barrel. Tinkering around the edges is not an option. The rakyat will be free and communicate with all races and the government of the day with openness without the ISA lurking in the back to condemn us to the dungeons and death in custodies.

The day ISA is dynamited is the day the nation and the rakyat is reborn. The day must be given special significance and celebrated annually for the rakyat to remember for the many decades to come to prevent any abuse by bad politics and its re-installation at any cost.

All those charged with duty of care to Malaysia must rise to to stuff this terrible ISA and any resemblance if it out for good. 1Aug 10 Candle Light virgil is a stand we must continue to make. As we head towards the home run, we must protest in any shape or form and speak out loud and clear. Let the good triumph over evil.

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