ISA turns 50 amid calls for repeal

Aug 1 — When the Internal Security bill was first tabled in Parliament 50 years ago, it received much flak from the opposition for being an undemocratic piece of legislation that gave too much power to the then Alliance government.

Despite this, the law, which allows for detention without trial, was passed and put into effect on August 1, 1960, with a solemn promise that it would only be used “solely against communists”.

“My Cabinet colleagues and I gave a solemn promise to Parliament and the nation that the immense powers given to the government under the ISA would never be used to stifle legitimate opposition and silence lawful dissent,” former Prime Minister Tunku Abdul Rahman had said.

His deputy, Tun Abdul Razak Hussein, who had tabled the bill, had also assured the House during heated debates that the law was for two purposes — to counter subversion and to enable measures to be taken to counter terrorism.

He had also acknowledged that even though the 12-year Malayan emergency was to be declared finished that year, the government could not afford to relax its vigilance over the threat of communism and hence, needed such preventive laws for the purpose of national security.

Despite their promises, the Alliance government and its successor Barisan Nasional (BN) has over the years been accused of using the oppressive act to for political reasons — to silence dissenting voices that criticised the government and to prevent the people from exercising their right to free speech.

According to reports over the years, some individuals were detained for offences that did not threaten national security and were punishable under other criminal laws. For example, individuals have been detained under the ISA for criminal acts like counterfeiting coins, falsifying documents and even human trafficking.

Since the ISA was enacted 1960, an approximate 10,662 people, including young students, rubber tappers and technicians aside from politicians, have experienced what it is like to be imprisoned on mere suspicion, without given the right to a trial.

Today, the same voice of dissent that resounded when the law was tabled in Parliament 50 years ago, has escalated into a deafening roar with thousands calling for it to be abolished entirely.

During the ISA’s 49th anniversary last year, tens of thousands of people took to the streets in an “anti-ISA” rally, resulting in violent clashes with the riot police, armed with tear gas cannisters and water cannons. More than 400 people were arrested during the chaos.

Today, the gathering will be held in the form of candlelight vigils at a variety of locations across the nation and thousands are expected to again congregate in a show of solidarity in the struggle to abolish the ISA.

Despite this, the ruling BN government has already asserted that even with the strong voice of dissent, the ISA would not be repealed.

The Home Ministry recently announced that it was in the final stages of revising provisions in the act, with amendments revolving around five areas — the length of detention, rights and treatment of detainees and their families, the powers of the Home Minister, the use of the ISA for political reasons and detention without trial.

The government has also met with key stakeholders such as ministry officials, the Attorney-General, the Bar Council, the Barisan Nasional Backbenchers Club, the National Council for Women’s Organisation and the National Civics Bureau to discuss the amendments.

The Malaysian Insider understands that the proposed amendments are now waiting for an approval from the Cabinet before they are tabled to Parliament during its next sitting.

The efforts however have failed to impress the opposition and human rights groups who continue to maintain that the act should entirely be removed from the country’s legal system.

DAP adviser Lim Kit Siang this past week described the ISA as “pernicious, undemocratic and open to all sorts of abuses”.

In an interview with The Malaysian Insider, the veteran politician, who was detained twice under the ISA, said that it was only during his detention that he truly discovered the value of a man’s freedom.

“Freedom is the most precious thing, it is not tangible, something only when you lose, you’ll cherish it. Being detained under the ISA could definitely put a strain on a person’s beliefs and convictions,” Lim said.

Human rights groups and activists have also rubbished the government’s proposal for amendments to the law, pointing out that the ISA was “beyond repair”.

Anti-ISA Movement (GMI) chairman Syed Ibrahim Syed Noh told The Malaysian Insiderrecently that it was pointless to amend a law that was built on the foundation of allowing detention without trial, which strips away a person’s fundamental right to being presumed innocent until proven guilty.

He also said that the ISA had created a culture of fear in the community.

“At any point in time, if the government or politicians feel a person is a threat to national security, they can just arrest him or her.

“No one is allowed to exercise their duty and criticise the government because the minute he does that, he can be threatened by the ISA,” he said.

The most highly criticised provision in the ISA is under Section 73(1) which allows the police to detain any person for up to 60 days without warrant or trial and without access to legal counsel, on suspicion that “he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia”.

Section 8 of the Act stipulates that the Home Minister can, after the expiry of the 60-day detention order, extend the period of detention without trial for up to two years without submitting evidence for review by the courts. He can do this by issuing an order, which can be renewed indefinitely. The minister’s decision, according to this section, cannot be challenged.

In other words, the government has the right to throw just about anyone into jail for reasons at its own discretion, without having its decision challenged in a court of law.

One such example is 47-year-old Mat Sah Mohammed Satray, who was arrested in 2002 and detained for more than seven years for being a suspected Jemaah Islamiyyah terrorist.

The quiet technician formerly attached to the Dewan Bahasa dan Pustaka (DBP) was labelled a “terrorist” due to his friendship with Abu Bakar Bashir, an infamous Muslim cleric from Indonesia who gave classes for DBP Muslims.

Abu Bakar was arrested on suspicion of his involvement in the 2002 Bali bombings but was later released by the Indonesian authorities due to a lack of evidence.

According to Mat Sah, his incarceration had been unlawful. In an interview with The Malaysian Insider recently, he urged the people to learn about the ISA and know their rights.

“You must know that the ISA determines everything — it determines your life. If they tell you ‘you are a terrorist’, that means that you have to nod your head.

“Because with the ISA, everyone can be a terrorist,” he said.

courtesy of Malaysian Insider