RE-ARREST OF TWO ISA DETAINEES: AN AFFRONT TO THE RULE OF LAW

Aliran views with deep concern the recent re-arrest of two individuals, university professor Lupti Ibrahim and college lecturer Fadzlullah Shuib, whose earlier detention under the infamous Internal Security Act was declared unlawful on technical grounds by High Court judge Chin Fook Yen.

The swift re-arrest of the two persons by the authorities under the ISA shortly after they were released by the High Court is not only inhuman and unjust, but also suggests a contempt of court.

In addition, the high-handedness flaunted by the authorities would only lend credence to the suspicion - within and outside the country - that the authorities are not really committed to the principle of rule of law, and civil society.

If the authorities have enough evidence against the two individuals, we would expect them to be tried in a court of law, and not - as they are now - detained indefinitely and without trial. If not, it is only just that they be released immediately and unconditionally.

This remnant of colonial legacy has outlived its very purpose of existence and sticks out sorely as an anachronism in a civil society. Employing this nefarious piece of legislation against the so-called religious deviance, passport forgery, among other things, does not necessarily make this law just and appropriate to the present time and situation.

If anything, this obsolete legislation makes it glaringly clear the difference between an insecure and oppressive ruling elite on the one hand deploying any means to retain power, and a caring, confident and democratic government on the other upholding the rule of law and honouring the principles of justice.
 

Aliran Executive Committee
5 January 1998