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Protest Against the 2001 ISA Arrests

Memorandum to Suhakam submitted by Aliran, Hakam, and Suaram

suhakam logo1. We, the undersigned organisations respectfully present this Memorandum to the Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) to add our voice to the growing protest against the Barisan Nasional government�s arrests of several leaders of Parti Keadilan Nasional and social activists which began on Tuesday, 10 April 2001 and continue at the present time.

2. In the name of Justice, Freedom and the Rule of Law, we condemn the Barisan Nasional government�s use of the Internal Security Act (ISA) to detain without trial citizens of this country who have not been charged with specific violations of any law in an open court.

Prime Minister Datuk Seri Dr Mahathir Mohamad has said that the ISA is more �effective� than �normal law�. Dr Mahathir�s cynical attitude to �normal� rule of law is nothing but a shameless admission that his government has no moral justification to detain the leaders of a legal opposition party and social activists engaged in legitimate, democratic and peaceful dissent.

3. We reject the unsubstantiated accusations against the detainees which were made during police briefings and subsequently publicised by the government-controlled media.

The Inspector-General of Police has warned of secret preparations for a �violent overthrow of the government� through �street demonstrations�. Malaysians will dismiss this notorious method of obtaining a �conviction without trial� which denies the detainees their constitutional rights to freedom, justice and protection from arbitrary punishment.

4. According to the latest available information, the victims of this wave of political repression include:

  • Tian Chua, Vice President, Parti Keadilan Nasional
  • Mohamad Ezam Mohd Nor, President, Keadilan Youth
  • N Gobalakrishnan, Secretary-general, Keadilan Youth
  • Haji Saari Sungib, Chairperson, �People�s Memorandum� Organising Committee
  • Hishamuddin Rais, media columnist, film maker and social activist
  • Raja Petra Kamaruddin, director, Free Anwar Campaign
  • Abdul Ghani Harun, member, Keadilan Youth Central Committee
  • Dr Badrul Amin Baharom, Keadilan member and social activist
  • Lokman Adam, member, Keadilan Youth Central Committee
  • Badaruddin Ismail, SUARAM activist
5. It is obvious that the �2001 ISA Arrests� are a last-minute attempt to stop the �Black 14� rally, planned for 14 April 2001, the second anniversary of the sentencing of former deputy prime minister, Datuk Seri Anwar Ibrahim after his first trial on charges of corruption.

The �Black 14� rally held last year would have been completely non-violent had the peaceful marchers and protesters not been assaulted by the police.

This year�s �Black 14� rally was planned so that it will climax with a delegation presenting a memorandum on human rights to Suhakam, the Human Rights Commission of Malaysia. Since Suhakam had agreed to meet the delegation and receive their memorandum, there was no reason to believe the rally, left in peace by the Police, will be anything other than non-violent.

6. Ever since Anwar Ibrahim�s arrest in September 1998, the Barisan Nasional government has desperately tried to contain its loss of popular support. After UMNO�s severe setbacks in the 1999 general elections, the Barisan Nasional government has desperately tried to win by force the moral authority that it has lost.

Despite increasing criticism of its conduct and policies, the Barisan Nasional government has refused to implement genuine reforms to uphold justice and the rule of law. Instead it has opted for the worst possible way of meeting the crises that affect our country today. It chose to suppress legitimate and non-violent political dissent.

7. No one will be surprised if the Police apply their �turning over� techniques upon the detainees with the intention of producing �confessions� that can then be used to incriminate other opposition leaders and social activists.

In view of the record of the Police treatment of ISA detainees, Deputy Prime Minister Datuk Abdullah Badawi�s assurance that the detainees will not be �brutalised�and will be �well treated� during their incarceration must be regarded as a hollow promise.

antiisa 8. The ISA is a universally condemned instrument of colonial and authoritarian rule. What kind of government would resort to the ISA?

The answer is a government that is unable to sustain and prove its allegations against its political opponents in an open court presided by impartial judges enforcing the rule of law without fear or favour.

With all the �normal� laws and procedures available to it, only a morally bankrupt government will use the ISA to stifle dissent and silence critics.

9. At this critical hour, when our human rights are being trampled upon with impunity, we, the undersigned, are encouraged that the Commissioners of SUHAKAM have honourably maintained their opposition to the ISA. We commend SUHAKAM for refusing to condone the Barisan Nasional government�s �2001 ISA Arrests�.

10. In the people�s present struggle to preserve and protect human rights in our country, we strongly urge that:

  • SUHAKAM should strenuously protest and condemn the Barisan Nasional government�s contemptuous disregard for human rights
  • SUHAKAM should make the most urgent and fullest demand for the immediate and unconditional release of all detainees arrested under the ISA, and,
  • SUHAKAM should initiate without delay a full investigation of the �2001 ISA Arrests� with the intent of bringing justice to the victims of the Barisan Nasional government�s continued violation of human rights in Malaysia.

(Signed)
P Ramakrishnan, President, Aliran
Raja Aziz Addruse, President, Hakam
Dr Kua Kia Soong, Director, Suaram