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FAC News -
Monday, December 10, 2001 8:52 AM
ISA:
License to Torture and Detention Without Trial
Malaysians
Demand the Release of all ISA Detainees, Abolish ISA!
Since 1960
when the Internal Security Act (ISA) was enacted, thousands of people
including trade unionists, student leaders, labour activists, political
activists, religious groups, academicians, NGO activists have been
arrested under the ISA. The ISA has been consistently used against
people who criticise the government and defend human rights. It
has been the most convenient tool for the state to suppress opposition
and open debate. The Act is an instrument maintained by the ruling
government to control public life and civil society.
Provision
under ISA
Section 73(1)
of the ISA stipulates "any police officer may without warrant arrest
and detain pending enquiries any person in respect of whom he has
reason to believe (a) that there are grounds which would justify
his detention under section 8; and (b) that he has acted or is about
to act or is likely to act in any manner prejudicial to the security
of Malaysia or any part thereof or to maintenance of essential services
therein or to the economic life thereof."
Section 8 of
the power to order the detention or restriction of persons stipulates
that "if the Minister is satisfied that the detention of any
person is necessary with a view to preventing him from acting in
any manner prejudicial to the security of Malaysia or any part thereof
or to the maintenance of essential services therein or the economic
life thereof, he may make an order (hereinafter referred to as a
detention order) directing that that person be detained for any
period not exceeding two years."
Detention
Without Trial and Torture
The ISA provides
for ''preventative detention'' without trial for an indefinite period.
The ISA violates fundamental rights and goes against the principles
of justice and undermines the rule of law.
The ISA goes
against the right of a person to defend himself in an open and fair
trial. The person can be incarcerated up to 60 days of interrogation
without access to lawyers.
A person detained
under the ISA is held incommunicado, with no access to the outside
world. Furthermore, family visit for the detainees is at the mercy
of the authority in the first 60 days and often request of the family
is turned down without any reasons.
Torture goes
concurrently with ISA detention. Former detainees have testified
to being subjected to physical and psychological torture. This may
include one or more of the following inhumane and degrading treatment:
physical assault, sleep deprivation, round-the-clock interrogation,
solitary confinement, stripped naked, threats of bodily harm to
family members, including detainees' children. Prolonged torture
and deprivation have led to detainees signing state-manufactured
'confessions' under severe duress.
Latest Detentions
Under the ISA
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No
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Detainees
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Police’s
reason for arrest
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Date
of Arrest
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Present
Status
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1
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Mohd
Ezam Mohd Noor, National Youth Chief of National Justice Party
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Planned
to overthrow the government, threats to national security
of the country
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10 April
2001
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Sent
to the Kamunting Detention Center on a 2 year detention order
on 2 June 2001
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2
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Chua
Tian Chang @Tian Chua, Vice President of National Justice
Party
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Planned
to overthrow the government, threats to national security
of the country
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10 April
2001
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Sent
to the Kamunting Detention Center on a 2 year detention order
on 2 June 2001
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3
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Saari
Sungib, Central Committee Member of National Justice Party
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Planned
to overthrow the government, threats to national security
of the country
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10 April
2001
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Sent
to the Kamunting Detention Center on a 2 year detention order
on 2 June 2001
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4
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Hishamuddin
Rais, Film Director, Social Activist and Freelance Columnist
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Planned
to overthrow the government, threats to national security
of the country
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10 April
2001
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Sent
to the Kamunting Detention Center on a 2 year detention order
on 2 June 2001
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5
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Lokman
Nor Adam, Youth leader of National Justice Party
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Planned
to overthrow the government, threats to national security
of the country
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24 April
2001
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Sent
to Kamunting Detention Center on a 2 year detention order
on 13 June 2001
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Action Required
- Demand for
the immediate release of all those detained under ISA.
- Express
gravest concern over their well-being.
- If those
detained have violated any laws, charge them in an open and fair
court.
- Condemn
the use of ISA and call for the Government to repeal the ISA immediately.
- Condemn
the abuse and disrespect of the right to assemble peaceably.
- Call on
the Malaysian Human Rights Commission to intervene and restore
democracy and human rights.
Please send
letters to:
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YAB Datuk
Abdullah Ahmad Badawi, Minister of Home Affairs and Deputy
Prime Minister,
Aras 13, Blok D1, Parcel D, Pusat Pentadbiran Kerajaan Persekutuan,
65202 Putrajaya, Selangor, Malaysia
Fax: + 60 3 8886 8014
E-mail: tpm@smpke.jpm.my
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Yg Bhg
Tan Sri Musa Hitam, Chairperson of National Human Rights Commission,
29th. Floor, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala
Lumpur.
Fax- 603-26125620
Tel-603-26125600
email: humanrights@humanrights.com.my
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Inspector
General of Police, Tan Sri Norian Mai, Headquarters of the
Royal Malaysian Police, Bukit Aman, 50560 Kuala Lumpur,
Malaysia
Fax: +603 22731326
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Mrs.
Mary Robinson, Office of the UN High Commissioner for Human
Rights, Palais des Nations, 8-14 avenue de la Paix, CH 1211
Geneve, Switzerland
Fax : (41) 229170213
Email: webadmin.hchr@unog.ch
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Please send
a copy of your letter to the above authorities to SUARAM at 383,
Jalan 5/59, Petaling Garden, 46000 Petaling Jaya, Malaysia, Tel:
603-77843525 Fax: 603-77843526, email: wkpeng@pc.jaring.my,
URL: www.suaram.org
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