Abolish the ISA and all oppressive laws
By Thomas Lee Seng Hock, MySinchew
However, over the years, the ISA has evolved to become a harsh tyrannical law to curb political dissension and to silence the critics of the ruling party. It has, in effect, became a legal, but immoral, legislative tool in the hands of the ruling party leaders to get rid of their political rivals, abusing it to put the popular legitimate opposition leaders under detention without trial.
Thirty-five persons — 30 in Petaling Jaya, four in Penang, and one in Ipoh — were detained by police during a peaceful candle-light vigil held in several parts of the country on the night of Sunday 1 August 2010, the date commemorating the 50th anniversary of the oppressive Internal Security Act (ISA).
Those arrested were among the people who had gathered to protest against the country’s most hated and feared legislation, which allows for detention without trial and has been wielded against more than 10,000 people since it went to effect on 1 August 1960.
The enactment of the ISA in 1960, three years after Malaya gained independence, was related to the internal battle against the Communist Party of Malaya (CPM) which was then involved in an armed insurgency and insurrection, which started soon after World War 2.
Earlier in 1948 after three European planters in Perak were killed by communists, the then colonial British administration introduced the Emergency Regulations Ordinance 1948 and declared the infamous Emergency across the country.
Under the Emergency Regulations, the police were given sweeping powers of arrest, and severe punishment, including the death penalty, could be administered without an ordinary trial.
The martial law rule forced the CPM to go underground and launched an armed struggle using hit-and-run guerrilla warfare tactics.
The Emergency officially ended on 31 July 1960, after 12 long years. But the CPM campaign continued on a much smaller scale, and officially ended only in 1989 when the communists laid down arms.
Following the formal ending of the Emergency, the then Malayan Parliament enacted the ISA on 1 August 1960 to replace the colonial Emergency Regulations Ordinance 1948.
The ISA has been in force since 1 August 1960, and this year marks the 50th year of existence.
When it was first tabled in Parliament on 21 June 1960, the then Deputy Prime Minister cum Home Minister Tun Razak declared that the law was meant to deal with the CPM and related subversive activities, and not to restrict legitimate political activities. The ISA was not enacted to silence the voice of dissent nor meant for the ruling party to abuse it to curb its political rivals.
However, over the years, the ISA has evolved to become a harsh tyrannical law to curb political dissension and to silence the critics of the ruling party. It has, in effect, became a legal, but immoral, legislative tool in the hands of the ruling party leaders to get rid of their political rivals, abusing it to put the popular legitimate opposition leaders under detention without trial.
Under the ISA, anyone can be arbitrarily detained indefinitely without trial at the pleasure of the Home Minister.
Hence, the ISA is a draconian law that violates the fundamental human, civil and constutional rights of the citizens, and is in contradiction to the democratic concept of the rule of law.
The ISA has be abused by the authorities during the recent years, the most recent case being the unjustified detention of Selangor senior state executive councillor Teresa Kok of the DAP, and Sin Chew Daily reporter Tan Hoon Cheng on Friday 12 September 2008.
The most notorious abuse of the ISA was during the Mahathir administration when he launched Operation Lalang which was carried out on 17 October 1987 to crack down on opposition leaders, social activists, and church leaders.
