Aliran Applauds Judge Suriyadi


Home Aliran Monthly Statements Human Rights NGOs Links Join Us About Us

Aliran Letter to the Media

Aliran Applauds Judge Suriyadi

A courageous judicial decision

Aliran welcomes High Court Judge Datuk Suriyadi Halim Omar's courageous decision in declaring as unlawful the detention under the Internal Security Act on April 17 of an alleged member of the so-called "Malaysian Militant Group" (KMM).

In what must be considered as logical and keeping with the high tenets of justice, Judge Suriyadi ordered the release of Nasaruddin Nasir from the Kamunting Detention Centre near Taiping. It is the natural consequence flowing from a decision that has found the detention to be without merit and justification.

Justice Suriyadi stated that "no testimonies could confirm that the police authorities in Nasaruddin's case had applied an objective test."

Under the circumstances, Justice Suriyadi declared that "the detention order as directed by the Home Minister is defective".

When we compare this landmark decision with the Federal Court's Sept 6 decision -- which unanimously ruled that the initial 60-day detention of five opposition leaders (under Section 73 of the ISA) from April 10 last year was unlawful and in bad faith but failed to order their release -- Aliran is bewildered, disillusioned and utterly disappointed.

In an unambiguous statement the Federal Court ruled that:

the detention was not for the dominant purpose of Section 73 - to enable the police to conduct further investigations regarding the appellant's acts and conduct which were prejudicial to the security of Malaysia;

their detention was merely for intelligence gathering which had no link with national security;

there was much force in the contention of the learned counsel for the appellants that the detentions were for the ulterior purpose and unconnected with national security.

Based on these findings, it is baffling that the Federal Court could not order their release on Sept 6. It is our grave concern that justice has been grossly denied to the five who are nothing but political victims of an oppressive regime that is determined to clamp down hard on any form of opposition by whatever means.

It is a pity that having confirmed the contention of the five that they are no threat to the national security of this country, the Federal Court could not go that extra mile in keeping with justice and fairness and order their release.

When the lawfulness of an act was flawed and the deed of their detention was found to be in bad faith, as was clearly established by the Federal Court, where do we turn to for justice?

But let us seek solace in John Adams words, "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence."

P Ramakrishnan
President
9 November 2002