When injustice becomes law, resistance becomes duty”….”Many will call me an adventurer - and that I am, only one of a different sort: one of those who risks his skin to prove his platitudes.”— Che Guevara (1928-1967) International Revolutionary
An alleged member of the Jemaah Islamiyah (JI) militant group has been released from detention after being held without trial for almost eight years, police said today.
Police counter-terrorism unit director, Mohamad Fuzi Harun said Home Minister, Hishammuddin Hussein had ordered the release of Shamsuddin Sulaiman, (pic) 40.
Source of the news - Malaysiakini.comon 2nd of September 2010. Click here. Also reported in Bernama online. Please, refer here. In Bahasa Melayu, please read here.
p/s:On behalf of all admins of this blog, i apology to our respectful readers for posting this good new so so late. Mmm ... a day after the release? Not bad considering i am just a man doing a job here. Look, let's compare it with the work rate of our Home Minister, Mr. Hishammuddin Hussein? 8 years to release the then-only-suspected-terrorist ISA detainee, eh? Omg!
1 August 2010 marks the 50th Anniversary of the coming into force of the Internal Security Act 1960 (ISA). ISA allows for power to detain a person without trial and contravenes the right to be presumed innocent until proven guilty.
On 19 July 2010 the Bar Council submitted a memorandum to the Ministry of Home Affairs calling for the abolition of ISA and other laws that allow for detention without trial, namely the Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the Dangerous Drugs (Special Preventive Measures) Act 1985. The memorandum also calls for the Malaysian Government to abolish the Restricted Residence Act 1933, Prevention of Crime Act 1959 and Banishment Act 1959.
The Bar Council’s memorandum draws attention to the archaic nature of these laws. It highlights how laws that allow for detention without trial offend the fundamental principles of human rights provided for within the Universal Declaration of Human Rights 1948 and subsequent international conventions. It further draws comparisons with anti-terrorism legislation in other jurisdictions such as Australia, Canada, the United Kingdom and USA, all of which provide for comprehensive protection of the security of their respective nations without foregoing safeguards to individual liberties and protection of basic human rights. This has been achieved through a combination of automatic sunset clauses, strict judicial oversight and supervision with secrecy provisions and right to counsel. Malaysian laws must provide no less protection and safeguards.
The Bar Council memorandum points out that Malaysia’s own enhanced counter-terrorism provisions within the Penal Code and the Criminal Procedure Code, coupled with present immigration and anti-money laundering and anti-terrorism financing legislation, provide our law enforcement agencies with sufficient powers to confront the challenges posed by such criminal activity, and to subject a person so suspected to prosecution within the due process of the law. The power to detain without trial and to restrict free movement is wholly unnecessary and only leads to lackadaisical investigations, and misuse and abuse of the law.
The Malaysian Bar calls on the Malaysian Government to respect and uphold the human rights of its people. As a member of the United Nations Human Rights Council from 2010-2013, Malaysia has committed herself to maintaining the highest standards of human rights. This can only be achieved by removing all laws contravening basic human rights principles, such as ISA and other legislation that provide for detention without trial and restrictions in the free movement of peoples within our borders. 50 years of living under ISA (and longer under some of the other legislation) is more than enough. The time to free Malaysians from such unjust and unfair laws is now.
President/Chairman/Executive Director/Coordinator of non-governmental organizations, trade unions and political parties,
SEEKING YOUR SUPPORT TO STOP THE DEPORTATION OF THE 10 DETAINEES HELD UNDER THE ISA!
Suara Rakyat Malaysia (SUARAM) condemns the decision by the Home Minister to deport the 10 Internal Security Act (ISA) detainees to their countries without any explanation to their family members and people of Malaysia. The 10 detainees are among the 12 detainees who are currently detained under the draconian ISA.
SUARAM managed to identify nine of the detainees and is still trying to ascertain the other three individuals. The nine are:
1. Azzahari bin Murad (Malaysian) – Still under detention 2. Aiman Al Dakkak (Syrian Nationality), USM PHD Student – Facing Deportation 3. Mohamed Hozifa (Syrian Nationality)- Son of Aiman Al Dakkak– Facing Deportation 4. Kutiba Al-Issa (Syrian Nationality)- Student – Facing Deportation 5. Khalid Salem (Yamani Nationality)- Student- Deportated back on the 4th March 2010 6. Luqman Abdul Salam (Nigerian Nationality)- Student– Facing Deportation 7. Hassan Barudi (Syrian Nationality) – Facing Deportation 8. Hussam Khalid (Jordanian Nationality)– Facing Deportation 9. Abdul Alhi Bolajoko Uthman (Nigerian Nationality) – Facing Deportation
Suaram strongly condemns the new arrests and also deportation of these detainees. We also learned that until today the detainees have not been allowed access to legal counsel although several attempt have been made before. We urge the police and the government to allow the detainees to access legal assistance and immediately stop the plans to deport these detainees. We also urge the government to let the detainees to continue their studies and to be with their family members.
It is a shame that the government is again practising double standards on issues related to ISA. On one hand, plans to review the ISA and to release detainees were announced last year but on the other hand, new detentions were carried out discreetly with no prior announcements made.
Background
We learnt that there were around 50 people who were arrested under the ISA on Thursday, 21st January 2010 at Sungai Cincin, Gombak when they were attending an informal religious class at Sungai Cincin. The armed policemen forced their way into the house without warning.
Among the 50 arrested that night, only 12 have been further detained and the rest were released at around 3 am on 22nd January 2010. Out of the 12, SUARAM only managed to identify nine individuals and is still trying to identify the other three. As of this date, 11 of them remain detained, one have been released and deported back. He is known as Khalid Salem from Yaman. They were alleged for suspected terrorism and international terrorist networking. However, according to the information received, so far no charges have been brought against them. Furthermore, their respective lawyers have been trying to get access to them since their arrest, but to no avail.
Action Needed
We would like to request your organization to support our campaign by taking the following action:
Sample Letter
[Your Organization’s Letterhead]
Your Excellency, Datuk Seri Mohd Najib Tun Razak, Prime Minister of Malaysia, Prime Minister's Office, Main Block, Perdana Putra Building, Federal Government Administrative Centre, 62502 Putrajaya, MALAYSIA
Tel : 603-8888 8000 Fax : 603-8888 3444
RE: ABOLISH ISA AND STOP THE DEPORTATION OF THE 11 DETAINEES HELD UNDER THE ISA!
We are writing to you to express our serious concern about the latest arrests in Malaysia under the Internal Security Act (ISA). It has come to our attention that among the twelve detainees, one of them has been released and deported to his country of origin. The rest will be released and handed over to the Immigration Department for deportation.
To this date, 11of them remain detained, allegedly suspected of terrorism and international terrorist networking. However, according to the information received, no charges have been brought against them. Furthermore, their respective lawyers have been trying to get access to them since their arrest, but to no avail.
In light of this, we reiterate our previous calls and urge you, Your Excellency, to immediately stop the deportation and to release them immediately in the absence of valid legal charges that are consistent with international law and standards, and if such charges exist, to ensure that they are given a prompt and fair trial, in which their procedural rights are guaranteed at all times, including immediate access to a lawyer of their choice.
We further reiterate our call to the Malaysian Government to take the necessary steps to effectively repeal the ISA in order to respect fundamental rights and freedoms.
We hope that the concerns expressed in this letter will receive the attention they deserve and we would welcome your prompt response on these matters.
Yours Sincerely,
[..............................]
Name: Organization:
C.C:
1. YB Dato Seri Hishammuddin bin Tun Hussein
Home Ministry Blok D1 & D2, Kompleks D Pusat Pentadbiran Kerajaan Persekutuan 62546 Putrajaya
The Bar Council is concerned that since the arrest of 9 individuals of Nigerian, Syrian and Yemeni nationalities under the Internal Security Act (1960) on 21 January 2010, they have not been allowed access to lawyers. These individuals have since then remained in continuous detention whilst their whereabouts and condition remain unknown.
The right to legal representation upon arrest remains an important right against any form of trangression on the rights of detainees.
Any attempt to justify these arrests will trivialise the Government’s attempt to reform ISA and implement fundamental and universal human rights.
We condemn the arrest of these persons under the ISA as it is arbitrary and a gross violation of international human rights norms. It goes against the very essence of humanity when these persons are deprived of any right to defend themselves! The rule of law and constitutional rights are applicable to all, citizens and non-citizens.
We call for the abolition of the ISA and for the immediate release of these arrested persons or otherwise, that they be charged in a court of law.
Ragunath Kesavan President Malaysian Bar 23 February 2010 [link]
KUALA LUMPUR: The Gerakan Mansuhkan ISA (GMI) movement and Suara Rakyat Malaysia (Suaram) have urged the police to allow Internal Security Act (ISA) detainees to meet family members and lawyers.
GMI chairman Syed Ibrahim Syed Noh said the call was made through a memorandum handed over to the Inspector-General of Police Tan Sri Musa Hassan at Bukit Aman on Monday.
He said the memorandum was received by Bukit Aman public relations officer Chief Inspector Mohd Zaki Abu Bakar.
Several ISA detainees, including foreigners, have been denied permission to meet family members and the right to seek legal assistance although they have been detained for 31 days, he said after leading a delegation of 10 GMI and Suaram representatives to hand over the memorandum.
Lawyer Syahredzan Johan said a habeas corpus application had been filed at the Kuala Lumpur High Court for permission to meet the detainees and it would be heard on March 10.
“We made the application after learning that there is a plan to deport several foreign detainees although their rights to seek legal assistance had not been granted.
“We also want to ensure that their health, food and welfare are looked after,” he added. [link]
Press Statement: 17 February 2010 Charge Or Release Them!
Gerakan Mansuhkan ISA (GMI) and Suara Rakyat Malaysia (SUARAM) condemn the decision by the Home Minister to extradite the nine Internal Security Act (ISA) detainees to their countries without any explanation to their family members and people of Malaysia. The nine detainees are among those detainees who have been detained currently under the draconian ISA. They were arrested under the ISA on Thursday, 21st January 2010 at Sungai Cincin, Gombak when they were attending an informal religious class at Sungai Cincin. They were allegedly linked to international terrorist organisation. GMI and Suaram also strongly condemn the new arrest and also deportation of these detainees. We also learned that until today the detainees have not been allowed for legal access. We urged the police and the government to allow the detainees for legal assistance and immediately stop their planning to deport them. GMI and Suaram values security of the country and does not condone any terrorist activities, but one’s entitlement to a fair trial should not be deprived on any basis. If the government has evidence against the suspects, we urge the government to charge them in an open court, in accordance with their right to defend themselves, the right to legal counsel and the right to a fair trial. Otherwise, they should be released without any delay and unconditionally. We call up on the government to take the necessary steps to effectively repeal the law in order to respect fundamental rights and freedoms. Abolish the draconian ISA which allows and provides for arbitrary arrest and detention without trial for an indefinite period now!.
Abolish ISA! Release All ISA detainees! Close down Kamunting Camp!
Released by, Nalini.E Secretariat GMI & Suaram Coordinator 019-3758912 019-3758912
The Malaysian Bar has persistently adopted the position that all laws that allow for detention without trial, including the Internal Security Act 1960 (ISA), should be repealed immediately. We have been in dialogue with the Government, advocating that it go beyond a mere review of the repressive ISA, to abolish it completely, and we welcomed the release last year of several detainees who had been held under the ISA.
The Malaysian Bar is therefore shocked and astounded that once again, the Government has resorted to this offensive legislation as a basis for arresting and detaining both Malaysians and foreigners, and is also brandishing it in respect of recent attacks against churches. We unequivocally denounce this approach. The alleged reasons for the detention are immaterial, as there can be no justification for this blatant transgression of the fundamental principle of justice.
It bears repeating that the detention of persons without trial is an unjustified infringement of universal principles of human rights, and a violation of the Rule of Law and the principles of a democratic Government. Among other reasons, detention without trial violates a person’s right to be presumed innocent until proven guilty and his/her right to a fair and public trial where he/she may be defended.
The ISA is not a solution to any perceived threat to our peace. In fact, we fail to see what threat there is to our peace that could possibly justify the use of the severely blunt instrument of the ISA. The avowed grounds of arrest are all matters that come within the purview of existing laws in the country. Furthermore, laws like the ISA do not allow for judicial oversight and are therefore susceptible to serious abuse.
The use of the ISA, far from relieving any perceived tension, has instead created far more uneasiness and unhappiness amongst right-thinking people in Malaysia.
Once again, the Malaysian Bar strongly calls upon the Government to repeal the ISA and all other laws that allow for the detention of persons without trial. Furthermore, the Government must immediately and unconditionally release all persons presently detained under such laws, and where appropriate, prosecute them in a public and fair trial.
We have said it before and we will say it again – if there are perceived offences, charge these people and give them their fundamental right to defend themselves.
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1 August 2010 marks the 50th Anniversary of the coming into force of the Internal Security Act 1960 (ISA). ISA allows for power to detain a person without trial and contravenes the right to be presumed innocent until proven guilty.
