Aliran Media Statement
Free the Six - Redeem Yourself
The compelling reasons for their release are legal and urgent. The Federal Court had on September 6 last year ruled unanimously that their initial detention on April 10, 2001 under Section 73(1) of the ISA was unlawful and in bad faith. The court did not find any incriminating evidence to satisfy the Minister to make an order under Section 8 (1) of the ISA to justify their detention.
The court had stated unequivocally that "the detention was not for the dominant purpose of Section 73 to enable the police to conduct further investigations regarding the appellants' acts and conduct which were prejudicial to the security of Malaysia".
Indeed, the Federal Court found "much force in the contention of the learned counsel for the appellants that the detentions were for the ulterior purpose and unconnected with the national security".
The Federal Court's ruling had very clearly established the fact that their detention had nothing to do with the so-called national security but had everything to do with ulterior motives. That ulterior motive was politically driven to imprison all those who were seen as a threat to the Barisan Nasional's security. The court did not find any grounds at all to warrant their detention under Section 8(1) of the ISA
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, on what grounds can their detention be justified or tolerated? There must be a clear-cut basis for their continued detention in keeping with our notion of justice.
There is yet another reason why they should be freed. The Advisory Board had on two occasions recommended their immediate release. The Board 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.
When two courts, as it were, had found that there was no basis for their detention, it would be unconscionsable and unconstitutional to detain them any longer. Morally their detention cannot be justified.
Datuk Seri Abdullah Ahmad Badawi is poised to take over the running of the country as the fifth Prime Minister of independent Malaysia in a matter of months. He must convince us by his deed - as he must the rest of the world - that he is a compassionate man who respects the rule of law and upholds the principles of justice and fair play.
Aliran hopes that when he makes his decision he will be guided by this saying, "No matter how noble the objectives of a government, if it blurs decency and kindness, cheapens human life, and breeds ill will and suspicion - it is an evil government".
P Ramakrishnan
This statement was sent to the local media including The Star, New Straits Times, and The Sun.
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Four of the detainees - Saari Sungib, Hishamuddin Rais, Tian Chua and Mohamad Ezam - will be completing their two-year detention on June 1, i.e. tomorrow. The other two - Dr Badrulamin Bahron and Lokman Nor Ahmad - are due to complete their term of detention on June 12.