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Written by Administrator
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Wednesday, 22 April 2009 16:00 |
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http://sedar.org.my/images/morfeoshow/discussion_f-3975/story.jpg Throughout its long history, the ISA has been used to punish and silence peaceful political opponents and government critics. It has become an unfortunate and deeply embedded feature of a Malaysian political climate that stifles free expression, association and peaceful assembly.
It has become a subject of hot debate and opposing views have to be considered. Points that have be brought out: - The Internal Security Act (ISA) is a preventive detention law, it allows for the arrest of any person without the need for trial in certain defined circumstances.
- It was meant for the communists in 1960’s especially the terrors and violence. It has out lived its purpose, as we no longer suffer a threat from communism.
- Terrorism can be dealt effectively without undue compromise of freedoms; the anti-terror laws might have impeded efforts to dual with the terrorism effectively.
- It is contrary to fundamental principles of international law, including the right to liberty of the person, to freedom from arbitrary arrest, to be informed of the reasons for arrest, to the presumption of innocence, and to a fair and open trial in a court of law.
- The Criminal Procedure Code has crystallized in the form to oblige the police to produce an arrested person before a magistrate within twenty-four hours of arrest.
- Detainees must be given the basic legal rights to defend themselves in a court of law where evidence must be produced and can be challenged.
- It removes the individual liberties and basic human rights of the detainee and also their family members.
- The detainees might be the sole breadwinners of the family, and their detention has caused their families much hardship with the loss in their financial support.
- The welfare and well-being of the families of the detainees should be give attention to by virtue of the fact that the detainees are not convicted criminals.
- The detainees are not provided with adequate opportunity to simulate their minds in a productive manner.
- The promise of a review is not clear where the Prime Minister concession has vindicated the movement against the continued existence and use of the statute.
- The act is now used as an instrument to silence individuals with different political and religious views from the party in power.
- It became the weapon of choice of politicians who were not averse to prioritizing their personal interests over those of the action.
- It allows the executive to abuse its powers without being answerable.
- It is not consistent with guarantees of civil liberties under Malaysian and international law.
- The period of detention is not static. It may be commuted to less than two years or more. It should be of very limited duration, if a crime has been committed there should be a trial, and be made subject to strict judicial scrutiny.
- The police had arbitrarily abused their powers by prolonging the detention period beyond what was necessary.
- Actions taken under these laws must be subjected to strict judicial scrutiny. This would encourage less sloppy policing and lead to greater security.
- There are adequate and sufficient laws available to prevent any unlawful act. Malaysia’s penal code and criminal justice system are fully capable of addressing situations of internal security.
- Gerakan stand is to support the SUHAKAM proposal and the review of ISA proposed by government. Suggested to form a parliamentary committee to conduct the study of review.
- The meeting also suggested a dialogue between the detainee’s family members with Home Minister.
The discussion was ended at 7.30 pm. |
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Last Updated on Friday, 15 May 2009 15:45 |
