Friday 9 February 2007

ISA 1960

Brief Facts

The Internal Security Act 1960 (ISA) is a preventive detention law in force in Malaysia (and Singapore). Any person who allegedly threatens the national security may be detained by any police officer without a warrant or trail for up to 60 days. After 60 days, with the approval of the Minister of Home Affairs, the person can be detained for a further 2 years, and this is renewable.

This was enacted in 1960, while Tengku Abdul Rahman was Prime Minister.

Quotes

"The ISA introduced in 1960 was designed and meant to be used solely against the 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"
Tunku Abdul Rahman

"The ISA is a measure aimed at preventing the resurgence of the earlier communist threat to the nation... During my term of office as Prime Minister, I made every effort to ensure that pledges of my predecessors, that powers under the ISA would not be misused to curb lawful political opposition and democratic citizen activity, were respected."
Tun Hussein Onn

Recent Application

Several opposition parties, including the Democratic Action Party (DAP) and Parti Keadilan Rakyat(PKR) have spoken out against the ISA. Many of them have leaders or prominent members who were held under the ISA, such as Lim Kit Siang , Karpal Singh and Kim Guan Eng of the DAP, and Anwar Ibrahim of the PKR. (wiki)

Further Facts

The ISA has been amended 18 times, giving it more power every time. In 1989, the powers of the Minister under the legislation was made immune to judicial review by virtue of amendments to the Act, only allowing the courts to examine and review technical matters pertaining to the ISA arrest. Application of habeas corpus cannot be challenged in court, since the amendment gave the Minister of Home Affairs complete discretion in determining whether an individual is a treat to national security.

Further Quotes

1988 – "If we want to save Malaysia and Umno, Dr Mahathir (then Prime Minister) must be removed. He uses draconian laws such as the Internal Security Act to silence his critics."

2003 (after became PM) - called the ISA "a necessary law," and argued "We have never misused the Internal Security Act. All those detained under the Internal Security Act are proven threats to society."
Abdullah Ahmad Badawi

1966 - "no one in his right senses like[s] the ISA. It is in fact a negation of all the principles of democracy."

At a BBC interview recently - "Which one would you prefer, arresting the bomber after the bomb explodes and hundreds of innocent lives are lost or arresting that bomber before the bomb explodes? Do you think we did that just for fun?"
Tun Mahathir Muhamad

3 comments:

Anonymous said...

Good show, KPUM, for bringing up the ISA!

It's both sad and terrifying how the ISA has managed to stay on the statute books for 47 years now, despite everything, over the years - removal of judicial review? Ops Lalang? Detention of opposition politicians, student activists and even NGO workers and university lecturers? How on earth have we let all this happen without raising a tremendous furore?

Detention without trial for a very limited amount of time, with constant judicial oversight, as a prelude to charges being brought - that is ensuring security.

Detention without trial on order of the Minister, devoid of judicial checks, for a potentially indefinite number of two-year renewals, subject, practically speaking, to the mercy and whim of the Minister? That is not ensuring security.

We can deal with bombers, terrorists, hate-mongers, with the former, without resorting to the latter. Unfortunately, the latter is all that fills our eyes, and the former lies forgotten - a relic of an abandoned concept called, oh, what was it again, oh yes, the rule of law!

Malaysia does not need a piece of legislation designed to combat Communists 47 years ago to deal with present-day threats. The Patriot Act, the Terrorism Acts, all the legislation across the globe - these are not justifications for continuing the ISA, but merely equally as abhorrent, and worthy of opposition, by any lawyer and citizen who cares about the rule of law.

By all means detain, by all means have the time you need to investigate, but if you can't come up with enough evidence to charge him in an impartial and open court of law, then let him go. Such is the rule of law. And as long as we continue to clamour against Guantanamo Bay, against the CIA black holes, so must we add one more name to the the list of the dark places of the earth: Kamunting.

I welcome discussion on this topic - thanks again, KPUM, for making it possible.

Anonymous said...

Oh, and speaking of Guantanamo and the ISA in the same breath, take a look at this:

http://www.jim.org.my/module2.php?module=bahumum&id=96

Makes for interesting reading.

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