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

Aliran Media Statement

Scrap the ISA Advisory Board

It is counter-productive to use the ISA

A Malaysiakini report dated December 20, 2002 disclosed that the Advisory Board, having considered the representations made under Section 11 (1) of the Internal Security Act, had recommended that the five detainees under the ISA be released immediately taking into consideration that they had already completed the two years under the initial detention order.

The five detainees are Tian Chua, Saari Sungib, Lokman Noor Adam, Dr Badrulamin Bahron and Hishamuddin Rais, all of whom were detained in April 2000.

The Federal Court had on September 6, 2002 ruled that the 60-day detention under the ISA of these reformasi people - and that of Mohd Ezam Mohd Nor who is now serving a two-year jail sentence for breaching the Official Secrets Act - was done in bad faith.

The Advisory Board, which considered the representations of these five detainees, was very much aware of the Federal Court's ruling and, under the circumstances, could not ignore the Federal Court's findings and subsequent ruling. And, in keeping with these judicial findings, the Board wisely and, in all fairness, recommended that they be released.

Aliran is shocked and dismayed that there has been no response from the government following the Advisory Board's recommendation that the five reformasi detainees be freed. It has been more than a month since this recommendation was made. We understand that Tian Chua, Saari and Badrulamin were told of the Board's decision on December 3, 2002, Lokman was informed a week before that in November, whereas Hishamuddin was informed on December 19, 2002.

The Advisory Board has all the powers of a court under Section 14 and it found justifiable grounds to recommend their release. It would thus seem that two courts have cleared them. Simply put, these bodies have decided that these detainees have been deprived of their freedom without just cause and that their continued detention was untenable and cannot be sustained any longer.

Failure to act urgently in ordering their immediate release constitutes a flagrant disregard and disrespect for the rule of law. Each day's delay means the perpetuation of this gross violation of God-given freedom. Each day's delay is a wanton denial of justice. Only a government that has no conscience would behave in such a callous manner. Any further prolonged detention is an unmitigated injustice not only to the detainees but also to their families as well. Why should they suffer the pain of this unjust system? Caring and thinking people cannot remain aloof in the face of this grave injustice.

If the government cannot honour the decision of the Advisory Board, if it continues to show scant respect to the rule of law, then what is the point in having the Advisory Board? What purpose is served in going through this charade? Let's scrap this meaningless and perverse provision. The Advisory Board comes across as nothing more than a farcical facade of democracy which makes a mockery of justice.

Aliran calls for the immediate release of these five. Any delay is an intolerable insult to our notion of justice. Aristotle in 350 B.C. observed, "All virtue is summed up in dealing justly." If we are incapable of dealing justly we lose our humanity and forfeit our right to belong to the human race.

P. Ramakrishnan
President
15 January 2003

This statement was sent to the local media including The Star, New Straits Times, and The Sun.