"The fateful knock came in the middle of the night, bringing me into a life without light. They took me away from my family. They threw away my rights and my dignity." – Anonymous.
"I could not imagine then that the time would come when the power of detention…would be used against political opponents, welfare workers and others dedicated to non-violent, peaceful activities." - late RH Hickling.
On the other hand what if the ISA detainees are truly innocent? If one considers locking up a rebellious child an abuse, what do you call it when someone is put behind bars indefinitely without trial, worse still without knowing the offence committed.
What if it is apparent that the law is abused and turned it into a convenient tool to deter political freedom and freedom of expression? It can actually allow the government to arrest anyone it likes, without any trial or judicial review whatsoever. (I am not accusing any government but I am sure with our current PM’s ideals and vision, he must consider the advantage of repealing such an act to a certain extent, for the people of Malaysia).
Before I elaborate the need to maintain national security and public order, allow me to simply justify that such an Act has no place in our modern society today. Of recent I have also received criticisms in relation to my support of GMI movement whereby there are many ways to convince the government. Let me reiterate that many social groups, lawyers, commissions and NGOs had used all avenues and methods (soft and hard approach) in the past but failed.
The PM has promised a review of the Act, a laudable deed. How and when, we are yet to know. But if the intention is not truly based on a fair and just government; “there is no point of a review if [they wish] to preserve an unfettered power to detain at will” – Malik Imtiaz.
ISA violates human rights, there is no doubt about it. No one should have the absolute power to detain someone without trial for an indefinite period of time. It simply goes against the basic tenets of human rights. I had visited the Kamunting camp, all I can say is the condition and treatment of the detainees are not encouraging. Of course I am not expecting five star treatment but the mental torture and suffering particularly those with a happy family at home need no further explanation. Whether there is actually proper investigation conducted is also questionable. We know it, you know it. There is definitely a lot of room for improvement.
In relation to the similar law in other countries, I would say that the rationale behind its purpose in Singapore is very similar to our country. “Laws such as USA Patriot Act 2001 and the UK’s Terrorism Act 2006, came about as needful responses to the Sept 11, 2001 World Trade Centre attacks and July 7, 2005 London bombings…An overview of the ISA, Patriot Act and Terrorism Act will show that key differences lie in the safeguards and access to legal resources for detainees to challenge their detention” – Edmund Bon.
But what if these people really pose a serious threat to the national security? Isn’t the welfare and peace of a family more important than all talks about rights and freedoms?
“The bottom line is public interest, which is equal to maintaining public order, maintaining security and understanding perceptions and threats. If we are wrong, then the court can decide that we are wrong. But meanwhile we cannot wait for things to happen in order for us to take action.” - Syed Hamid Albar.
At the end of the day, we are all humans. We are born into this world with basic freedoms and rights which shall not be deprived. Terrorism or extremism can be dealt with without undue compromise of liberties and causing fear in a democratic country like ours. There is definitely a better and fairer law if drafted properly to serve the needful purpose.
“Of course the government has a duty to protect the lives and property of its citizens. But that is a duty which it owes all the time and which it must discharge without destroying our constitutional freedoms.” – Lord Bingham.
“Parti Gerakan is well aware that the passage of time, demand for greater transparency and accountability as well as more human rights will surely be made. This is inevitable and almost irresistible. Parti Gerakan is equally committed to the protection and promotion of human rights and fundamental freedoms as enshrined in our country’s Constitution, the United Nations Charter and the Universal Declaration on Human Rights 1948.
“While we recognise that most human rights are universal, indivisible interdependent and inter-related, we also share the view that the right to development as contained in the Vienna Declaration and Programme of Action on Human Rights adopted in June 1993 is equally an universal and inalienable right and hence an integral part of fundamental human rights.”
The writer is chief of Gerakan Youth's Legal, Public Complaints & Social Welfare Bureau.
