1. Justification for detention without trial?

   The Inspector-General Police, Tan Sri Norian Mai, came out with a statement on the arrests on 11 April 2001, alleging that the detainees were attempting to buy grenade launchers, with a sustained programme (running up to the 2004 elections) of using street demonstrations to gather support, and riots to destablise the country.

   He said that the public was being misled by the activists with an event being planned for April 14, the anniversary of the verdict on ex-Deputy Prime Minister Datuk Seri Anwar Ibrahim. The confusion in the minds of the public was due to a change of name, from 'Black 14' to a handing over of a 'Memorandum Rakyat' (People's Memorandum) to Suhakam. It was on these grounds that they were detained, without trial.

   Government politicians, including both the Prime Minister and the Deputy Prime Minister, spoke in favour of the detentions. The Prime Minister was also quoted in the media that the arrests without trial was necessary as the authorities do not have enough evidence to charge them in court! The National Human Rights Commission was condemned by de facto law minister, Rais Yatim, for coming out with a statement against the use of the ISA.

   On Saturday (14th April), various NGOs and political parties handed in several memoranda to the National Human Rights Commission. The police estimated that 1,500 people showed up, with organisers estimating the numbers were closer to 4,000. The event proceeded and ended peacefully and several of the human rights commissioners came down to address the crowd.

2. Habeas Corpus Hearing

Habeas corpus is a writ ordering prisoners to be brought before a court or a judge to ascertain whether their detention is lawful.

Tian Chua, Mohd Ezam Mohd Noor, Saari Sungib, Hishamuddin Rais and Raja Petra Kamaruddin of the eight ISA detainees filed a habeas corpus application on 13 April 2001following their arrest under the ISA.

We believe that all ISA detainees are entitled to a fair court hearing. They should be immediately released unless formally charged in court. Unfortunately, confusion has dogged even the hearings of the 'habeas corpus' writs for five of the detainees (separate writs for N Gobala Krishnan and Abdul Ghani Haroon were filed in the Shah Alam High Court on 18 April 2001).

On 16th April, proceedings for the habeas corpus of five men began in the High Court, Kuala Lumpur. The initial judge chosen to hear the proceedings withdrew, as his brother, the Deputy Public Prosecutor, was speaking for the defence. Considering the urgency of the proceedings, it is a travesty of justice that he was ever considered suitable.

The judge who replaced the first judge, is Justice Augustine Paul, notorious after having convicted Anwar Ibrahim in the latter's first trial on April 14th 1999. On the grounds that the detainees are being held partly because of a protest against a ruling made by him, the lawyers for the prosecution requested a new judge. The application was rejected by Justice Paul.

The lawyers of the detainees asked that the detainees be produced in court, to ascertain their safety, but Augustine Paul refused the application, as any concerns were based purely on 'hearsay'. This is despite well-documented cases of abuse of detainees held under ISA (most infamously Anwar Ibrahim's black eye).

On 19 April 2001, the Kuala Lumpur High Court rejected an application by the legal team of five Internal Security Act (ISA) detainees that an order be granted to compel the police to allow the lawyers access to the five. After delivering his ruling on this, Justice Augustine Paul then reserved his judgment for 23 April on the habeas corpus application by the five seeking their immediate release from detention.

On 23 April 2001, Justice Augustine Paul again adjourned its decision on the habeas corpus application made by the five reformasi activists detained under the Internal Security Act (ISA) to 25 April, in order for him to further study the arguments made by the lawyers.

NGOs, community organisations and opposition politicians have openly condemned the arrests. A movement is slowly gathering under the umbrella body of a new citizen’s initiative Abolish ISA Movement (AIM), led by human rights organisations, women’s groups, students, and political activists.

The National Human Rights Commission, with the mandate and prerogative described under the Human Rights Commission Act 1999, has requested for a visit to the detainees, since the arrests took place on April 10^th. However, the police have refused to entertain their requests to date.

The Internal Security Act, 1960

Section 73(1) Internal Security Act:

"Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe-

a. that there are grounds which would justify his detention under section 8; and

b. that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."

Sect 8. Power to order detention or restriction of persons.

"(i) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years."

(Note from SUARAM: the detention order can be renewed by the Minister, which is not uncommon, hence making detention indefinitely.)

Since 1960 when the Act was enacted, thousands of people including trade unionists, student leaders, labour activists, political activists, religious groups, academicians, NGO activists have been arrested under the ISA. The ISA has been consistently used against people who criticise the government and defend human rights. It has been the most convenient tool for the state to suppress opposition and open debate. The Act is an instrument maintained by the ruling government to control public life and civil society.

The ISA provides for ''preventative detention'' without trial for an indefinite period. The ISA violates fundamental rights and goes against the principles of justice and undermines the rule of law.

The ISA goes against the right of a person to defend himself in an open and fair trial. The person can be incarcerated up to 60 days of interrogation without access to lawyers.

A person detained under the ISA is held incommunicado, with no access to the outside world. Furthermore, lawyers and family are not allowed access to the detainee.

Torture goes concurrently with ISA detention. Former detainees have testified to being subjected to physical and psychological torture. This may include one or more of the following: physical assault, sleep deprivation, round-the-clock interrogation, threats of bodily harm to family members, including detainees' children. Prolonged torture and deprivation have led to detainees signing state-manufactured 'confessions' under severe duress.

In the last two years, police also conducted similar operations, resulting in mass arrests and police brutality.

14^th until 17th. April 1999 (Anwar's sentencing) -- 117 were arrested
14^th untill 15th. April 2000 -- 54 people were arrested

(Note: All the above arrests were under the Criminal Procedure Code)

• Demand for the immediate release of all those detained without conditions.

• Express gravest concern over their well-being. (Please take note that all have been tortured by the police during other arrests since 1998; also, note that the former Deputy Prime Minister emerged from an ISA arrest in September 1998 with his infamous black eye and other forms of physical torture.)

• If those detained have violated any laws, charge them in an open and fair court.

• Condemn the use of ISA and call for the Government to repeal the ISA immediately.

• Condemn the abuse and disrespect of the right to assemble peaceably.

• Call on the Malaysian Human Rights Commission to intervene and restore democracy and human rights.

Letters Can Be Addressed:

Ybhg Tan Sri Musa Hitam
Chairperson
National Human Rights Commission,
29th. Floor, Menara Tun Razak,
Jalan Raja Laut,
50350 Kuala Lumpur.
Fax- 603-26125620
Tel-603-26125600