ISA, JUSTICE AND DEMOCRACY

Aliran is gravely concerned that of late the Internal Security Act (ISA) has been applied by the relevant authorities against individuals, (for crimes that they had allegedly committed) with much greater frequency and nonchalance.

As we’ve always maintained in the past, the existence and use of the ISA cannot be justified in a country that professes to cherish democracy and justice.  The accused should be brought to court and tried based on the available evidence against him or her in keeping with these cherished values.

In recent developments, a driver was detained by the police under the ISA because he was suspected of bringing in illegal immigrants into the country and harbouring them.  Another case concerned identity cards (ICs) forgeries, which enabled illegal immigrants to acquire forged red ICs and thus permanent residence status.

Although we agree that such activities can pose social and economic problems of the country as a whole, we do not think that using the ISA will effectively solve the problem.

The use of the ISA can give rise to at least two serious implications: First, the very existence and use of the Act threatens the building of democratic processes and practices in the country, and leads to the denial of justice.

Second, given the economic crisis that is confronting the region, it is quite likely that more cases of illegal entries into our country and of IC forgeries will surface in the near future.  Consequently, the ISA will be used so frequently that its arbitrary use would be legitimised as something acceptable and natural in our daily lives.

In other words, Malaysians may be increasingly “brain-washed” to accept the continued existence and use of the unjust ISA, which violates the teachings of most established religious traditions.

We also strongly oppose the flogging of illegal immigrants who are fleeing from economic turmoil in their homelands.  Flogging these helpless victims is not the hallmark of a caring, civil society.

We urge the government to repeal the undemocratic ISA and instead strengthen other existing laws to curb passport forgeries and illegal immigration.  The underlying principle should always be that any accused person should be fairly tried in open court, and be judged based on the evidence available: innocent until proven guilty.
 

Aliran Executive Committee
11 March 1998