Media Statement
No Recourse against the Tyranny of the State
The verdict in effect condemns a citizen without subjecting accusations made against him to the highest standards of scrutiny.
The sad truth revealed by the verdict is that citizens in this country have no legal recourse against the tyranny of the state.
The state can now detain a citizen on the mere claim by the police that he or she is a threat to national security without the state being required to adduce any evidence in court to justify the detention.
It is bewildering that a prosecutor can plead in court that evidence to justify the detention of a citizen need not be disclosed 'in the national interest'.
It is preposterous and repugnant to the rule of law and precepts of justice for the state to claim that it has evidence which cannot be disclosed, let alone challenged or scrutinised in an open court.
It is beyond reason and comprehension how any court can entertain such a claim.
It is a terrible injustice to rob a person of his freedom and to lock him away without his knowing what his crime is or having an opportunity to clear himself. He will be in no position to appeal to any court even if he has been framed or falsely accused.
This frightening situation raises some fundamental questions. Can a citizen depend on our courts for justice? Can he confidently appeal to the courts for the protection of his civil liberties against the tyranny of the state?
Today the public perception is that citizens cannot turn to the police for protection. Nor can they depend on the courts for the protection of their fundamental liberties, human rights and justice.
Faced with this cruel dilemma, we urge every citizen to remember the saying, 'A guilty man punished is an example for the mob; an innocent man convicted is the business of every honest person'.
The ISA must go. It is immoral and unjust. It is anti-democracy and anti-human rights.
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Justice Augustine Paul's verdict which today dismissed the habeas corpus application by five ISA detainees makes nonsense of the maxim that fairness is really what justice is all about.